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The State Made Flesh: Catholic Social Teaching and the Challenge of UK Asylum Seeking1

Published online by Cambridge University Press:  01 January 2024

Anna Rowlands*
Affiliation:
Margaret Beaufort Institute of Theology, Cambridge
*

Abstract

This article explores the relationship between official Catholic Social Teaching on forced migration and contemporary issues in forced migration as they are experienced in a UK context. Using the work of Hannah Arendt on judgement and responsibility and Charles Taylor's analysis of the dynamics of democratic exclusion this paper concludes with a suggestion for two areas for further analysis: theological reflection on the dialectics of inclusion and exclusion in democratic nation-states; further attention to the neglected category of commutative justice as it relates to migration experience and the terms of the common good.

Type
Original Articles
Copyright
Copyright © 2012 The Author. New Blackfriars © 2012 The Dominican Council. Published by Blackwell Publishing Ltd. 2011, 9600 Garsington Road, Oxford OX4 2DQ, UK, and 350 Main Street, Malden MA 02148, USA

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Footnotes

1

A longer version of this paper has been published as ‘On the Temptations of Sovereignty: the Task of Catholic Social Teaching and the Challenge of UK Asylum Seeking’ in Political Theology, 12.6, December 2011. The author is grateful to the editors of Political Theology and Equinox Press for permission to publish this shorter version in this collection of CTA conference papers in New Blackfriars.

References

2 For discussion on these wider areas amongst British scholars see: Reed, EstherRefugee Rights and State Sovereignty: Theological Perspectives on the Ethics of Territorial Borders’ in Journal of Society of Christian Ethics, 30, 2 (2010), pp.5979CrossRefGoogle Scholar; Bretherton, Luke, ‘Christian Cosmopolitanism, Refugees and the Politics of Proximity’ in Christianity and Contemporary Politics, Bretherton, L., (Oxford: Blackwell, 2009), pp.126–158Google Scholar; Snyder, Susanna, Asylum-Seeking, Migration and Church (Farnham: Ashgate, forthcoming 2012)Google Scholar.

3 Orobator, A., ‘Justice for the Displaced’ in Driven From Home: Protecting the Rights of Forced Migrants, Hollenbach, David ed., (Washington: Georgetown Press, 2010), pp.3753: p. 46Google Scholar.

4 Daniel Groody, ‘A Theology of Immigration’, Notre Dame Magazine (Notre Dame University 2004) http://magazine.nd.edu/news/10587//(accessed 28.7.2011).

5 Orobator, A., ‘Justice for the Displaced: The Challenge of a Christian Understanding’ in Hollenbach, , ed., Driven from Home: Protecting the Rights of Forced Migrants (Washington: Georgetown Press, 2010) pp.3753Google Scholar. On the mixed practice of the Church – exclusion as well as embrace – see Snyder, Susanna, Asylum-Seeking, Migration and the Churches, (Farnham: Ashgate, forthcoming 2012)Google Scholar

6 See the discussion of the biblical context and figure of Christ as refugee in Erga Migrantes Caritas Christi, (Vatican City: Pontifical Council for Pastoral Care of Migrants and Itinerant Peoples, 2004Google Scholar).

7 See Catholic Bishops’ Conference of England and Wales document, The Dispossessed: A Brief Guide to the Catholic Church's Teaching on Migrants (2004). See also comments later in this paper on Charles Taylor's positing of the challenges of democratic communities as ‘shared space’.

8 My list has much in common with, but also differs subtly from Archbishop Silvano Tomasi's analysis of CST on migration under ten headings in Tomasi, Silvano, ‘Human Rights as a Framework for Advocacy on Behalf of the Displaced: The Approach of the Catholic Church’, in Driven from Home, Hollenbach, David ed., (Washington: Georgetown, 2010), pp.5569Google Scholar.

9 See Erga Migrantes Caritas Christi (The Love of Christ Towards Migrants), (Vatican City: Pontifical Council for the Pastoral Care of Migrants and Itinerant Peoples, 2004)Google Scholar.

10 See Vatican II, Gaudium et Spes (The Pastoral Constitution of the Church in the Modern World), 1965, n.65.

11 See Benedict, XVI's Caritas in Veritate, (Encyclical On Human Development in Charity and Truth), Vatican City (2009), n.62Google Scholar.

12 See Paul, John II, Message for the Day of Migrants and Refugees, (Vatican City, 2001), n.3Google Scholar. See also, on the question of just legislation to enable integration and participation in host communities, Paul, John II, Laborem Exercens (Encyclical On Human Work), (Vatican City: 1981), n.23Google Scholar.

13 In Sollicitudo Rei Socialis (On Social Concern), (Vatican City: 1987) John Paul II reads forced migration in the context of the culture of death and continual failures to seek a peaceful international order – he suggests that the isolationism of modern states mitigates against solutions to systemic issues which lie at the root of migration concerns. In Benedict XVI's Caritas in Veritate, migration figures in the sociological context of all that challenges authentic human development and the opportunities for cooperation and solidarity which exist within the universal human family. See n.62.

14 Sollicitudo Rei Socialis, n.38.

15 Caritas in Veritate, n. 62.

16 For a theological analysis of this see Orobator, , ‘Justice for the Displaced’ in Driven From Home, David Hollenbach ed., (Washington: Georgetown Press, 2010)Google Scholar.

17 Solimano, Andres, International Migration in the Age of Crisis and Globalization: Historical and Recent Experiences, (Cambridge: Cambridge University Press, 2010), pp.46CrossRefGoogle Scholar.

18 This essay uses the terms forced migrant, asylum seeker and refugee, understanding that in a UK context many forced migrants claim asylum because that is the only meaningful category/channel for application, but relatively few will have a recognized claim under the narrow and particular terms of the 1951 Convention (and 1967 Protocol); yet many remain de facto forced migrants, whose claim on a host nation is a moral claim for state protection.

19 Arguably, whilst both the number of applications and number of those accepted as refugees declined through the second half of the 2000s, the political tension over the issue continued to rise, measured through opinion poll ratings. For a thorough analysis of UK social policy during this period see Spencer, Sarah, The Migration Debate (London: Policy Press, 2011)CrossRefGoogle Scholar.

20 Solimano, Andres, International Migration in the Age of Crisis and Globalisation: Historical and Recent Experiences (Cambridge: Cambridge University Press, 2010) p. 5Google Scholar.

21 See report Asylum Matters: Restoring Trust in the UK Asylum System (London: Centre for Social Justice, 2008)Google Scholar.

22 These observations are based on five years work by the author amongst detained asylum seekers. Formal studies confirm these findings: Robinson, and Segrott, , Understanding the Decision-Making of Asylum Seekers (London: Home Office, 2002)Google Scholar; Zetter, et al, An Assessment of the Impact of Asylum Policies in Europe: 1990–2000 (London: Home Office Research Study 259, 2003)Google Scholar; Crawley, H., Chance or Choice: Understanding Why Asylum Seekers Come To The UK (London: Refugee Council, 2010)Google Scholar.

23 On the shaping of public opinion see articles in the special journal edition and book publication Sarah Spencer, The Politics of Migration’, The Political Quarterly (Oxford: Blackwell, 2003)Google Scholar.

24 See foreword to Gammeltoft-Hansen, Thomas, Access to Asylum, (Cambridge, Cambridge University Press, 2011)CrossRefGoogle Scholar.

25 For a summary of new policy initiatives and their impact, see Gibney, Matthew, ‘Asylum and the Expansion of Deportation in the United Kingdom’, Government and Opposition, Vol 43, No. 2, pp.146–167, 2008Google Scholar. See also Home Office, Controlling our Borders: Making Migration Work for Britain, (London: Home Office, February 2005)Google Scholar. On the non-suspensive right of appeal for applications from ‘safe’ countries required to appeal from abroad see the 2002 Nationality, Immigration and Asylum Act. On new case worker pattern, see information from Refugee Council, ‘The New Asylum Model’, Refugee Council Briefing, August 2007, (accessed 1.7.2011).

26 Gibney, op cit. See also Spencer, Sarah, The Migration Debate (London: Policy Press, 2011)CrossRefGoogle Scholar.

27 Gibney, op cit, pp.146–167. This article offers a fundamental and wide-ranging analysis of the implications for the liberal state of this shift towards active use of ‘cruel power’ in asylum cases. My analysis here is very much in debt to Gibney. See also Asylum Matters (Centre for Social Justice, 2008). Figures for cases overturned on appeal continue around 20% mark. See also Sedley, Stephen, Ashes and Sparks: Essays on Law and Justice, (Cambridge: Cambridge University Press, 2011), pp.388–9CrossRefGoogle Scholar.

28 Sedley, Stephen, Ashes and Sparks: Essays on Law and Justice, (Cambridge: Cambridge University Press, 2011), pp.388–9CrossRefGoogle Scholar. See also p.383, pp.271–2, p.187.

29 Reports of the Independent Asylum Commission (www.-¨independentasylumcommission.org), Asylum Matters: Restoring Trust in the UK Asylum System (London: Centre for Social Justice, 2008)Google Scholar, Report to the United Kingdom Border Agency on “Outsourcing Abuse”: Baroness Nuala O’Loan, March 2010, Detained and Denied: The Clinical Care of Immigration Detainees Living with HIV (London: Medical Justice, 2011)Google Scholar.

30 ibid.

31 Presumably, as implied earlier, this applies as much to banking practice as it does to the complexity and inhumanity of aspects of the asylum system.

32 Milbank, John, ‘On Complex Space’ in The Word Made Strange (Oxford: Blackwell, 1997), p.270Google Scholar.

33 See John Milbank's chapter ‘On Complex Space’ in Milbank, J., The Word Made Strange: Theology, Language, Culture, (Oxford: Blackwell, 1997)Google Scholar.

34 On the Lunar House campaign and involvement of Catholic women religious see Ivereigh, Austen, Faithful Citizens (London: DLT, 2009)Google Scholar; on wider Church initiatives see Snyder, Susanna, Asylum-Seeking, Migration and Churches (Farnham: Ashgate, forthcoming 2012)Google Scholar.

35 This section draws heavily from Taylor's essays ‘Nationalism and Modernity’ and ‘Democratic Exclusion (and its Remedies?)’ in Taylor, Charles, Dilemmas and Connections: Selected Essays (Cambridge, Mass.:Harvard University Press, 2011Google Scholar)

36 Battistella, Graziano, ‘Migration and Human Dignity: From Policies of Exclusion to Policies Based on Human Rights’, in Promised Land, Perilous Journey: Theological Perspectives on Migration, eds. Groody, Daniel and Campese, Gioacchino (University of Notre Dame Press, 2008) pp177191, p.181.CrossRefGoogle Scholar

37 Gellner, Ernest, Nations and Nationalism (New York: Cornell University Press, 1983)Google Scholar.