@article{2018:jaji:refugee_la,
title = {Refugee Law, Agency and Credibility in Refugee Status Determination in Nairobi, Kenya},
year = {2018},
note = {This article critiques the positivist position, which separates the
law from politics. It argues that implementation of refugee law is
mediated by factors that straddle the law/politics binary. Based on a
case study in Nairobi, Kenya, the article discusses the inherently
political nature of ›refugeeness‹ and susceptibility of refugee
law to power, assumptions and images that underpin credibility
assessment in Refugee Status Determination (RSD). It analyses history,
experience, memory and precedence in RSD and shows that these have
varying rather than automatic and predictable outcomes. The article
also critiques customary depiction of refugee applicants as victims or
disempowered objects of charity at the mercy of RSD officials. Drawing
on empirical data, it suggests that refugee applicants are not docile
and helpless bodies lacking the capacity to influence
d⁠e­c⁠i­s⁠i⁠o⁠n⁠s that affect them. On the contrary,
they contest unfavourable RSD decisions and utilise available
resources in order to influence outcomes of the process. The article
shows how the contestation between RSD officials and refugee
applicants invests the truth with an instrumental rather than moral
value in the quest for positive decisions for applications.},
journal = {Z'Flucht. Zeitschrift für Flucht- und Flüchtlingsforschung},
pages = {32--56},
author = {Jaji, Rose},
volume = {2},
number = {1}
}