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Give Us a Damn Paper! Cases of Anti-Deportation Campaigns by Rejected Ethiopian and Palestinian Asylum Seekers in Norway

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Give Us a Damn Paper! Cases of Anti-Deportation Campaigns by Rejected Ethiopian and Palestinian Asylum Seekers in Norway Give us a damn Paper! Cases of Anti-Deportation Campaigns by Rejected Ethiopian and Palestinian Asylum Seekers in Norway By Wubshet Dagne Master Thesis in Sociology of Law Institute for Criminology and the Sociology of Law Faculty of Law UNIVERSITETET I OSLO Spring 2015 1 I would like first and foremost begin by thanking my supervisor Nicolay B. Johansen for his Acknowledgements unrelenting guidance and help throughout this master thesis. I want also to thank my Ethiopians and Palestinians informants for sharing their experience with me. I would like to thank my wife Tsehay Ebba for her understanding and sharing this dream with me. I wanted to thank my children Jerusalem, Yordanos, Bereket and especially Edna for their patience when the thesis required my complete attention. In addition, special thanks to my friend Muluadam for sharing his apartment and accommodation while writing this master thesis. Your valuable support and enthusiasm helped me to fulfil this thesis. I also like to thank Nathanael, Mahlet, Yonael Wubshet and my mother Semegn Dagne from Ethiopia. I would like to thank my brother-in-law Teshome Ebba for his encouragement. Finally, special thanks to my mother-in-law Demoze Bekele for travelling all the way from Ethiopia to take care of Edna for me so that I could work on my thesis peacefully. Oslo, May 2015 Wubshet Dagne 2 Title: Give us a Damn Paper: Cases of Anti-Deportation Campaigns by Rejected Abstract Ethiopian and Palestinian Asylum Seekers in Norway By: Wubshet Dagne Supervisor: Nicolay B. Johansen Submitted to: Institute for the Sociology of Law and Criminology Date: Spring 2015 This thesis explores anti-deportation campaigns executed by rejected Ethiopian and Palestinian asylum seekers in Norway. Using a case study method of four particular campaigns (a one- year-long tent campaign, a hunger strike, a march to Sweden and a class action lawsuit), the purpose is to gain insight into the rationales for the campaigners’ choice of strategy for taking their conflict with the authorities to the political and legal levels. The focus is on understanding how Norway’s political, legal and social system responded to these protest campaigns. The hypothesis is that juridification of immigration laws is the main obstacle for rejected asylum seekers to challenge, via legal and political arenas, the immigration authority’s decisions. Juridification of immigration practices has also been hypothesized as an obstacle to public sympathy for rejected asylum seekers’ plight. Data for the study were obtained from in-depth interviewees with front figures and leaders of each campaign, yielding six interviewees—two from each major campaign. Primary data also included media coverage from the major Norwegian media outlets, which reported on the protests between January 2011 and June 2012. Study results show that the protests on the political, legal and social arenas did not bring about the desired outcome for either group. Habermas’s theory of Juridification and Mathiesen’s power vs. resistance theory was used to explain the campaign failures at the political, legal and social levels. The study’s findings show that the campaigns failed to bring about the desired outcome for the Ethiopian and Palestinian campaigners. Furthermore, the result also shows that the Ethiopians groups, while planning part of their campaign, were overestimated the influence of international and regional human right institutions over the sovereign nations like Norway. Indeed, the juridification of immigration practices, the campaigners status as illegal immigrants and the corresponding lack of political and economic power undermined public sympathy and weakened the campaigners’ bargaining position. Research data support the research statement: 3 Juridification of immigration laws has discouraged rejected asylum seekers from making meaningful contestation against the decisions taken by the immigration authorities. The thesis concludes by suggesting that the effort to bring the conflict to a political level failed because, as rejected asylum seekers, the campaigners could not be taken seriously as part of the political actors in the system. Finally, the study inspires further research on how vulnerable groups such as rejected asylum seekers challenge the sovereign state, especially as the power of international and regional human rights regimes are in decline. 4 CEAS: Common European Asylum System Abbreviations CSO: Civil Society Organizations DREAM: Development Relief and Education for Alien Act ECHR: European Court of Human Rights ECJ: European Court of Justice EEA: European Economic Area EFTA: European Free Trade Association EU: European Union ICJ: International Court of Justice IMDI: Integrerings- OG Mangfoldsdirektoratet (The Directorate of Integration and Diversity) IOM: International Office for Migration LANDINFO: Utlendingsforvaltningens Fagenhet for Landinformasjon (The Norwegian Country of Origin Information Centre NGO: Non-Governmental Organizations NOAS: Norsk Organisasjon for Asylsøkere (Norwegian Organization for Asylum Seekers) PU: Politiets Utlendingsenhet (The National Police Immigration Service) RPP: Regional Protection Principles SEIF: Selv Hjelp for Innvandrere (Self Help for Immigrants) SSB: Statistisk Sentralbyrå (Statistics Norway) UDI: Utlendingsdirektoratet (Norwegian Directorate of Immigration) UN: United Nations UNE: Utlendingsnemnda (Norwegian Immigration Appeals Board) 5 UNHCR: United Nations High Commissioner for Refugees UNICEF: United Nations International Children`s Emergency Fund UNRWA: The United Nations Relief and Works Agency for Palestine Refugees in the Near East WWII: World War Two 6 Contents Acknowledgements................................................................................................................................. 2 Abstract ................................................................................................................................................... 3 Abbreviations .......................................................................................................................................... 5 1 Introduction and background............................................................................................................. 10 1.1 Introduction................................................................................................................................. 10 1.1.1 Study purpose and research statement ............................................................................... 14 1.2 Research design....................................................................................................................... 17 1.2 Background information.............................................................................................................. 19 1.2.1 The Norwegian immigration institutions ............................................................................. 19 1.2.2 Development of immigration laws and regulations: The Norwegian experience................ 22 1.2.3 The relevance of international and European human rights regimes in Norwegian immigration practices.................................................................................................................... 25 1.2.4 The role of civic organizations in the campaign against deportation in Norway................. 27 1.2.5 Terminating statelessness and the fate of rejected Palestinian asylum seekers in Norway 29 1.2.6 From unreturnable to deportable: The status of rejected Ethiopian asylum seekers in Norway .......................................................................................................................................... 31 2 Methodology ...................................................................................................................................... 34 2.1 Designing the qualitative case study method ............................................................................. 34 2.2 Data collection............................................................................................................................. 34 2.3 Data analysis................................................................................................................................ 37 2.4 Validity and reliability.................................................................................................................. 38 2.5 Research ethics............................................................................................................................ 38 3 Theoretical perspectives. ................................................................................................................... 39 3.1. Juridification of social life........................................................................................................... 39 3.2 Colonization of lifeworlds by the system .................................................................................... 44 3.3 The theory of communicative action .......................................................................................... 47 7 3.4 Can rejected asylum seekers legally organize protest campaigns against the host’s sovereign power? A reflection on Thomas Mathiesen’s theory of “power and counter power.”.................... 50 4 Anti-deportation campaign: The cases of “Stop deportation” by Ethiopian and “ Give us a damn paper “ campaign by rejected Palestinian asylum seekers in Norway.................................................. 54
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