REFUGEES & NEW MIGRANTS IN AUCKLAND ENGAGEMENT WITH CONFLICT RESOLUTION

Transcription

1 REFUGEES & NEW MIGRANTS IN AUCKLAND ENGAGEMENT WITH CONFLICT RESOLUTION LEADR & IAMA: kongres 2015 Auckland, 10 September Research Report by: Anet Kate, AUT

2 From Syria to imprisonment in Europe world refugee crisis html(0-5 mins) The Nation 5/09/15: In small groups questions to discuss A Question of Definitions see handouts*

3 Definitions after discussion groups Refugee : someone who, owing to a well-founded fear of persecution for reasons of race, religion, nationality (see next slide) is unable, owing to such fear to gain protection of that country [of origin] or to return to it. UN Declaration on the Rights of Refugees. Asylum Seekers : aka illegal immigrants imprisoned in Australia & N.Z. Migrant : someone who moves from one place to another. NZ resident : someone who has been awarded permanent residence under the points or other humanitarian systems by the NZ Immigration Service.

4 Common use definitions Refugee < French réfugié, past participle of réfugier to take refuge. Refuge: 1. protection or shelter, as from danger or hardship: sought refuge from the storm in a cabin. 2. a. A place providing protection or shelter: a colony that was a refuge.. [Italian: refugio, asylum] Asylum : International Law. a refuge granted an alien by a sovereign state on its own territory. also: a temporary refuge granted political offenders, especially in a foreign embassy. Refugier = to flee; refugee = someone who has fled from danger Asylum seeker = someone seeking a safe place after fleeing from danger

5 UNHCR: Definition of refugee.. UNHCR: someone who, as the result of a well-founded fear of persecution for reasons of: race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or is unable or, owing to such fear, is unwilling to return to it. Refugees are people who: arrive in a country as asylum seekers, and who apply for and are granted refugee status, or are selected as refugees under a UNHCR Quota programme and arrive by arrangement.

6 UNHCR: Definition of an asylum-seeker The terms asylum-seeker and refugee are often confused: an asylum-seeker is someone who says he or she is a refugee, but whose claim has not yet been definitively evaluated. On average, about 1 million people seek asylum on an individual basis every year. In mid-2014, there were more than 1.2 million asylum-seekers.

7 Asylum Seekers - NZ New Zealand receives approximately 350 asylum applications annually. Only a small percentage of them get approval, after which a person can become a refugee and is then entitled to the benefits of the resettlement program. Among the OECD countries, New Zealand accepts and approves the lowest number of asylum applications.

8 Asylum seekers - numbers accepted all OECD Countries: Germany asylum seekers (135,581) United States - asylum seekers (84,343) United Kingdom asylum seekers (23,070) Developing countries: Turkey asylum seekers (52,467) Kenya asylum seekers (52,285) Pakistan asylum seekers (5,386) Australia asylum seekers (13,559) Norway asylum seekers (6,344) Thailand asylum seekers (4,712) Lebanon asylum seekers (2,274) New Zealand asylum seekers (308)

9 NZIS Manual (2015): NZ resident (definition..) Someone who holds a current New Zealand residence permit or current New Zealand returning resident's visa; or Someone who holds a valid Australian passport. 2 questions for participants (of the workshop): When does a refugee become a new migrant or a NZ resident? Why is the distinction important? (for former refugees)

10 Migrants The use of the term 'migrant' in the current public debate is extremely loose and often conflates issues of immigration, race/ethnicity, and asylum. Summary: (Saggar & Drean 2001, Beutin 2006, Baker et al. 2008). With such a variety of definitions and loose usage, there is not a straightforward mapping of migration data onto the subjects of public debate and concern. For example, some evidence suggests that, when used by employers, 'migrant' may signify recent arrivals rather than foreign-born, or even foreign national (Anderson and Ruhs 2010). For another, data gathered using a rigorous definition of 'migrant' may include groups who are not generally thought of in public debate as migrants - after all, famous British people such as Joanna Lumley, Cliff Richard, and even Prince Philip are foreign-born.

11 UNHCR Definitions Convention refugees typically fall into one of seven categories: 1. With: legal and physical protection needs 2. medical needs; or 3. Who are: survivors of violence and torture 4. women at risk 5. family reunification 6. children and adolescents 7. elderly refugees.

12 What about NZ s Global Responsibility? Refugees and asylum seekers residing in countries as of January 2014 (Statistics for 2013): OECD Countries: United States - Refugees (263,662) Germany Refugees (187,567) United Kingdom Refugees (126,055) Norway Refugees (46,106) Australia Refugees (34,503) New Zealand Refugees (1,403) Developing countries: Pakistan Refugees (1,616,507) Lebanon Refugees (856,546) Turkey Refugees (609,938) Kenya Refugees (534,938) Thailand Refugees (136,499)

13 The Project s Aims - RRP To examine contemporary levels of conflict within and between the communities in Auckland, and with the NZ host population. Any conflict/dispute resolution mechanisms commonly used by refugee and migrant communities in Auckland, N.Z. To investigate whether those communities found their conflict resolution engagement effective. To explore any alternative options and preferences identified by the participants. Assess any policy implications for professionals & prof bodies

14 METHOD: 3 PARTICIPANT GROUPS REFUGEE COMMUNITY LEADERS, CR PROFESSIONALS, & POLICY ADVISORS Refugee Leaders CR Professionals Policy Advisors

15 Who are the NZ Quota Refugees? Top 10 Quota Refugee Communities (NZ): 1. Burma (2333) 2. Afghanistan* (1260/650) 3. Iraq (*943/684) 6. Sudan (283) 7. Iran (266) 8. Ethiopia (207) 9. DR Congo (192) 10. Congo (109) 4. Bhutan (652) 5. Columbia (286)

16 1. Sudanese (M) 2. Afghani (M) 3. Iraqui (F, Syrian) 4. Iraqui (M) Group 1: more information RL s interviewed 5. Burmese (M, Mon) 6. Iranian (F, Syrian) 7. Ethiopian (M, Eritrean) 8. Somali (M) 9. African (country not specified, M) 10. Congolese (M) 11. Democratic Republic of Congo (M) 12. Sri Lankan (F) 13. African (F, not willing to specify country) 14. Kurdish Iranian (M) 15. Burmese (Karen) RL (F) 16. Bhutanese (M) Gender divide: Men 11/16 (69K%) Women - 5/16 (31%)

17 Group 2: CR Professionals Number: 7 interviewed. Gender: 4 F, 3 M Ethnicity: 3 were Asian (Fijian Indian), Chinese (1 Hong Kong (F), 1 Singaporean Chinese), 2 African (all work with Asian, African & other overseas students, either lecturing or in suppport services), 2 Kiwis (F), & 1 Chechnyan refugee (F) now a legal CRP.

18 RRP Initial challenges (getting started ) Ethics Committee road blocks ; attitudes towards vulnerable groups. Challenges engaging with any umbrella organizations. Many of the Refugee & Ethnic Council contacts simply did not respond to or telephone. Difficulties with mistrust to begin with, leading to... The need to establish both credibility for the project and the interviewer before successfully achieving buy in of community leaders. When this was done, and rapport built, engagement started. Method: we started with a snowball sampling method. One interviewer (AK).

19 Project - further challenges of method Even when closely targeted, we found there was a lack of women participants among the refugee communities. Hard to Find! It took many months to get started on the interviews - took a long time to even get Ethics Committee approval and then to get a satisfactory sample in the 3 groups. (3 years since the start). Only leaders were chosen as interviewees; the study was not intended to be exactly representative (of refugee populations in Auckland), or to have a gender balance, etc. Overcame perceived need for counselling! We did choose the Top 10 most represented Auckland Refugee communities. (See earlier ppt slide). One interviewer only: we could control the quality of interviews, awareness of the interviewer of the refugees and others backgrounds, & political climates in countries of origin. (Pernice, NZ Study 1990 qualities of interviewer key)

20 THEMES Group 1: REFUGEE LEADERS (participants) RLs would like respect, consultation by government on issues such as the quota, support, direction of NZ refugee policy. RLs also request acknowledgement for the work being done within their own communities without pay. That all NZ-ers attempt to make clear distinctions between migrants and refugees, and former refugees. To be aware of when this status changes. Most internal community conflicts are being resolved within the RNM communities, by elders or leaders from these groups. Rarely engage outsiders to assist with this. Probably because of lack of trust & respect.

21 More Outcomes from The Refugee Leaders Group That CR professionals and advisors:- 1. Be aware of the internal conflict/dispute resolution already being practiced within each community. 2. That host communities become more aware of the language and culture barriers RNMs face here. 3. Would like host communities to develop an historical perspective in Auckland/NZ of the CR techniques and larger meetings which have already taken place to resolve inter-community disputes, e.g. Sudan, Ethiopia. 4. Can case studies about RNMs be highlighted at various conferences, not just refugee symposia. 5. For there to be training and encouragement by bodies such as LEADR & IAMA & Universities that incorporate refugee CDR into courses, raising awareness of particular issues refugees and new migrants face here.

22 COMMUNITY DISPUTE RESOLUTION Main methods of resolution being used: 1. Initial approach and talking to both sides by a community leader, or respected elder from the RC (refugee community) affected; 2. Informal meetings by this person held with each party to talk through the issues and attempt to sort out. 3. If needed, a more formal process of meetings over time. 4. Tribal shura or community meetings used if and as appropriate.

23 2. CONFLICT RESOLUTION PROFESSIONALS - THEMES 6 interviewed: Asian (Indian), Chinese (1 Hong Kong (F), 1 Singaporean Chinese), 1 African (works with Asian, African & other overseas students), 2 Kiwis (F), & 1 Chechnyan refugee now a legal CRP. 1. That many of the mainstream CRPs lack awareness of the inter-dependence among those in the RNMC (refugee & new migrant communities) how they are affected by moving here with little support from family and often the wider community (unlike where they came from) for many years. 2. Often there is a lack of interpreting or appropriate services and a lot of assumptions are made even in the courts, by lawyers and mediators who do not have training in the appropriate use of interpreters. 3. The difference in the idea of the family being the appropriate place for family and other disputes to be resolved to save face. (& such organisations as the Chinese New Settlers Society)

24 Themes: 3. Policy Advisors

25 Features: (advantages and disadvantages) CDR (Community DR) Leaders expressed a strong desire that communities handle their own disputes wherever possible. Recognising that there is a cost to this, as CLs are usually unpaid and have other commitments, lack of resource. ARCC leaders have key but mostly unpaid positions of leadership, underresourcing is one problem, spaces to meet could be provided. High expectations and calls at all hours for these leaders. This can result in a cost to the leaders family lives, so stressful. Private nature prevents adverse publicity but: There is no real chance for less powerful (often women, children) to to tell their story and feel listened to by a neutral and respectful third party. Possibly could disadvantage weaker parties.

26 INTER-CULTURAL MEDIATION ISSUES RAISED BY RRP 1. Are refugees and new migrants being treated fairly and listened to; is there much understanding of different cultural norms? 2. What are (Western mediators ) substantive values & where do these come from? For most people their values are grounded in their own culture often from the legal system. 3. How would you know, and what would you do, if you found yourself involved in different cultural settings in mediation? 4. E.g. some Muslim cases there has been community involvement, such as an imam or mullah s advice. 5. What do we do with this? 6. Do we feel able to incorporate dual cultural voices, or do we ignore this and hope it sorts itself out without our input?

27 Other questions raised by the project How should substantive fairness (which most of us seem to feel is important to our profession) be defined for an inter-cultural mediation purpose? What about fairness of outcome, i.e. via the mediated agreement? Is it our business to ensure a fair outcome for minorities and all of those in the room as professionals, or do we just tell ourselves that we don t completely understand the cultural implications and leave it all to the parties? What if you found yourself mediating between parties who had married under age? Would that be an issue. Does this still happen here

28 Answers: (tentative) Some ways of developing cultural fluency PILLAY & LEBARON Anticipate a range of options (strategies, outcomes) Anticipate a variety of possible outcomes when in unfamiliar cultural settings Embedded influence Awareness Express cultural assumptions Remain aware of unfamiliar cultural influences which come to be embedded in processes Express deep cultural assumptions in an accessible way for outsiders. Navigate cross-cultural dynamics to co-create a constructive future.

29 WE NEED FLEXIBILITY IN NAVIGATING THE CULTURAL WATERS IN THE DANCE OF CONFLICT PILLAY & LEBARON The skill of flexibility js important for inter-cultural fluency, say the authors. In this context we can understand it by imaging conflict as a dance involving 2 or more people. As we learn to dance together, people s toes are bound to get stood on. Interrupting patterns (ours, those of others) helps us to make different choices in the challenging parts of the dance. Learning to sit with discomfort and not knowing (being aware of it) can also defuse tension in inter-cultural settings Zen Suzuki, Beginner s Mind helps here. Continue to dance through the surprises, and Don t expect to become an expert. This is likely to help us develop the facility to keep dancing and to learn new dances in the future. (Conflict Across Cultures, p 188)

30 A COMMITMENT TO LEARNING AND CHANGING & BEING OPEN TO NEW IDEAS KEEPS US ON OUR CULTURALLY FLUENT TOES We are all the fish The water is the culture in which we swim so that our parties (especially those not from around here ) can benefit from the skills and hope that a facilitator, negotiator, mediator or decision-maker/ advisor can bring to inter-cultural conflicts.

31 Syrian Refugees Thank you!