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.
By:
Dr Fareda Banda (SOAS University of London UK)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions:
Height: 234mm,
Width: 156mm,
ISBN: 9781509945467
ISBN 10: 1509945466
Pages: 376
Publication Date: 23 June 2022
Audience:
Professional and scholarly
,
Undergraduate
Format: Paperback
Publisher's Status: Active
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
Fareda Banda is Professor of Law at SOAS, University of London.
Reviews for African Migration, Human Rights and Literature
[The book] serves not only as an important supplement to the legal materials used by those working in the area, but also as an accessible source for enhancing general awareness of and sensitivity to the realities. The richness and poignancy of the narratives throughout this book show how necessary this is. -- John Eekelaar, Emeritus Fellow of Pembroke College, Oxford * Border Criminologies *
