African Migration, Human Rights and Literature

Erscheinungsjahr 2020
ISBN: 978-1-5099-3834-6
Verlag: Bloomsbury 3PL

Buch, Englisch, 376 Seiten, Hardback, Format (B × H): 161 mm x 240 mm, Gewicht: 734 g

This innovative book looks at the topic of migration through the prism of law and literature. The author uses a rich mix of novels, short stories, literary realism, human rights and comparative literature to explore the experiences of African migrants and asylum seekers.

The book is divided into two.

Part one is conceptual and focuses on art activism and the myriad ways in which people have sought to 'write justice.' Using Mazrui's diasporas of slavery and colonialism, it then considers histories of migration across the centuries before honing in on the recent anti-migration policies of western states. Achiume is used to show how these histories of imposition and exploitation create a bond which bestows on Africans a "status as co-sovereigns of the First World through citizenship." The many fictional examples of the schemes used to gain entry are set against the formal legal processes. Attention is paid to life post-arrival which for asylum seekers may include periods in detention. The impact of the increased hostility of receiving states is examined in light of their human rights obligations. Consideration is paid to how Africans navigate their post-migration lives which includes reconciling themselves to status fracture-taking on jobs for which they are over-qualified, while simultaneously dealing with the resentment borne of status threat on the part of the citizenry.

Part two moves from the general to consider the intersections of gender and status focusing on women, LGBTI individuals and children. Focusing on their human rights and the fictional literature, chapter four looks at women who have been trafficked as well as domestic workers and hotel maids while chapter five is on LGBTI people whose legal and literary stories are only now being told. The final substantive chapter considers the experiences of children who may arrive as unaccompanied minors. Using a mixture of poetry and first person accounts, the chapter examines the post-arrival lives of children, some of whom may be citizens but who are continually made to feel like outsiders. The conclusion follows, starting with two stories about walls by Hadero and Lanchester which are used to illustrate the themes discussed in the book.

Few African lawyers write about literature and few books and articles in Western law and literature look at books by or about Africans, so a book that engages with both is long overdue. This book provides fascinating reading for academics, students of law, literature, gender and migration studies, and indeed the general public.

Autoren/Hrsg.

Banda, Fareda

Fachgebiete

• Geisteswissenschaften Literaturwissenschaft Literarische Stoffe, Motive und Themen
• Geisteswissenschaften Literaturwissenschaft Vergleichende Literaturwissenschaft
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Beziehungen des Rechts zu anderen Disziplinen
• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)
• Sozialwissenschaften Soziologie | Soziale Arbeit Spezielle Soziologie Soziologie von Migranten und Minderheiten

Inhaltsverzeichnis

Introduction

I. My Law and Literature Journey

II. On Migration

III. On Terminology

IV. On Coverage

V. Structure

VI. Conclusion

PART I
PLOTTING OUR JOURNEY
1. Artivism, Literature, Law and Justice

I. Justice in Law and Literature

II. On Transplants and Universality

III. Literature as Protest in Post-Colonial Settings

IV. Music, Art and Photography

V. On Writing Justice

VI. Critical Race Feminists

VII. Literature and Historic Injustice

VIII. Conclusion

2. Migration Histories

I. On 'Home' and Identity Formation

II. The African Diasporas - Historical Background

III. Contemporary Migration Patterns and Responses

IV. Resistance and the Imperial Legacy
V. Conclusion

3. Of Visas and Visions of a Better Life

I. By any Means Necessary

II. Fictional Strategies for Gaining Entry

III. Processes

IV. The Moral Economy of Smuggling

V. You can Buy Your Way in Legitimately - Wealth and Visa Waivers

VI. On Slippery Categorisations: 'Illegal' Migrant v ('Bogus') Asylum Seeker?

VII. Refugee Law and Literature

VIII. Credibility

IX. Access to Justice

X. Detention

XI. Hostile Environments

XII. Irregularity and Employment

XIII. Irregularity and the Exposure to Exploitation by Non-State Actors

XIV. Public Perception and Prejudice

XV. On Dignity

XVI. 'Home' and the Inhospitable Human Rights Environment

XVII. Status Fracture v. Status Threat

XVIII. On Kindness: Refugee and Migrant Organisations and Volunteers

XIX. Conclusion

PART II
INTERSECTIONS
4. Women's Lives

I. Historical Reasons for Restrictions on Women's Freedom of Movement

II. Women and Refugee Law

III. Trafficking in Law and Literature

IV. Whither Sisterhood? Race and Class in Cleaning Work

V. Norm Development and the Challenges of Implementation

VI. Legislative and Judicial Responses to Modern Slavery

VII. Fictional Maids

VIII. Undiplomatic Exploitation and Abuse

IX. Called to Account: Maids Confront Diplomats in Court

X. Other Forms of Labour

XI. Hotel Maids Wanted: Abuse Included

XII. The Ache: Missing those Left Behind

XIII. Conclusion

5. Sexual Orientation and Gender Identities

I. History, Context and Continuities

II. On Erasure and the Demand for Visibility

III. On Intersectionality

IV. Plural Identities or 'Naming' 0
V. On Fear and Curiosity

VI. Fictional Literature

VII. On Covering

VIII. Religion

IX. Changing People, Changing Laws

X. Migration and Sexuality

XI. Reasons to be Hopeful

XII. Conclusion

6. Children in Literature

I. The Role of Literature

II. Children in Migration

III. Citizen or Migrant?

IV. Laws and 'Cultural Practices'

V. Conclusion

Conclusion
I. Law and Migration

II. Looking Ahead

Über Autor(innen)

Banda, Fareda
Fareda Banda is Professor of Law at SOAS, University of London.