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1. Asylum Capacity Development: Building New and Strengthening Existing Systems

Author:
Brian Barbour
Publication Date:
09-2023
Content Type:
Policy Brief
Institution:
Andrew & Renata Kaldor Centre for International Refugee Law at UNSW Sydney
Abstract:
Refugees are guaranteed a set of rights under international law, but whether a refugee can enjoy those rights depends on the asylum system that they encounter in the country where they seek refuge. An ‘asylum system’ can be understood as the legal, institutional, and social arrangements in place to meet the needs of refugees. Asylum capacity development (ACD) is the emerging area of policy and practice concerned with strengthening asylum systems. The concept of ACD is still being developed, but there is a tendency to equate ACD with building State capacity to conduct refugee status determination (RSD); that is, the institutional processes in place to decide asylum claims. The success of ACD is sometimes measured by the passage of legislation or regulations, the establishment of a new RSD unit, or ‘handover’ of RSD functions from the Office of the UN High Commissioner for Refugees (UNHCR) to the State. ACD is often centred on building government capacity, without engaging civil society actors. A focus on RSD alone will not equip States to meet the diverse protection needs of refugees in practice. In the worst-case scenario, asylum systems are established that do not meet relevant needs or resolve asylum cases, resulting in frustrations for both people seeking asylum and governments. When non-governmental stakeholders are excluded, key capacities may be missing and there is no shared ownership of the asylum system that is established. Clarifying the purpose and scope of ACD is important to ensuring that initiatives to strengthen asylum systems are effective. This Policy Brief seeks to contribute to both the conceptual and operational development of ACD, by setting out an approach to strengthening asylum systems that is grounded in the protection needs of refugees and reflects a whole-of-society approach. ACD can be conceptualised as the process of developing institutional, national, and local capacity so that States and UNHCR, in collaboration with individuals, organisations, and society as a whole, can each do their part to meet the protection needs of refugees and resolve protection claims effectively, efficiently, fairly and sustainably. This Policy Brief provides practical guidance by setting out a framework that can be used to evaluate existing or proposed asylum systems. While there is a remarkable diversity among asylum systems around the globe, a comparative analysis of State practice reveals that effective asylum systems share a number of common characteristics. This Policy Brief identifies eleven characteristics: accessibility; specialisation; expertise; independence and impartiality; transparency; integrity; accountability; efficiency; adaptability; and collaboration. This Policy Brief provides a set of indicators that can measure progress towards achievement of these characteristics or standards. This Policy Brief promotes a needs-based approach that seeks to develop capacities or scale them up, in order to meet the identified needs of refugees. It also emphasises the importance of a wholeof-society approach that engages all stakeholders, governmental and non-governmental, with the capacity to contribute. A well-coordinated platform for cooperation and coordination among all relevant stakeholders should be a target of ACD. Ultimately, the success of ACD efforts should be assessed with reference to whether there are improved protection outcomes for refugees, and whether case processing capacity is strengthened such that asylum claims can be resolved effectively, efficiently, fairly, and sustainably.
Topic:
International Law, Refugees, Capacity, Protection, and Asylum Seekers
Political Geography:
Global Focus

2. Trust as state capacity: The political economy of compliance

Author:
Timothy Besley and Sacha Dray
Publication Date:
11-2022
Content Type:
Working Paper
Institution:
United Nations University
Abstract:
This paper explores the link between trust in government, policy-making, and compliance. It focuses on a specific channel whereby citizens who are convinced that a policy is worthwhile are more motivated to comply with it. This in turn reduces the government’s cost of implementing a policy and may also increase the set of feasible policies. Thus, state capacity is greater when citizens trust their government. The paper discusses alternative approaches to modelling the origins of trust, especially the link to the design of political institutions. We then provide empirical evidence consistent with the model’s findings that compliance is increasing in trust using the Integrated Values Survey and voluntary compliance during COVID-19 in the UK. We also show that countries with high levels of citizen trust in government were more likely to implement policies requiring voluntary compliance during the COVID-19 pandemic. The paper suggests that trust in government can play a role in building and expanding state capacities.
Topic:
Government, Political Economy, Capacity, Compliance, and Trust
Political Geography:
Global Focus

3. The Tanzanian state response to COVID-19: Why low capacity, discursive legitimacy, and twilight authority matter

Author:
Amy S. Patterson
Publication Date:
03-2022
Content Type:
Working Paper
Institution:
United Nations University
Abstract:
Tanzania received significant global attention for its COVID-19 response during the first year of the pandemic. It did not share pandemic statistics, require masks, implement lockdowns, or close borders; it questioned testing and vaccine efficacy; and it emphasized traditional medicines as a cure. The country’s response reflected a centralized, paternalistic state that emerged under postcolonial president Julius Nyerere and that stressed self-reliance and national unity. Although local officials did have some discretion to respond, the state’s top-down solutions, its low capacity, and the broader campaign against bureaucratic corruption curtailed the space in which they could act. Nyerere’s legitimating discourse of nationalism, self-reliance, and paternalism further problematized the global cooperation needed to address the pandemic and limited the space in which civil society could challenge state actions. The state’s struggle for authority in the face of nonstate actors such as opposition parties and civil society groups led it to embrace strategies such as electoral authoritarianism to maintain control, thereby obscuring transparency and accountability in the pandemic. The focus on state capacity, legitimacy, and authority situate individual leaders’ actions in broader structural contexts, while also showing African state agency.
Topic:
Nationalism, Authoritarianism, Elections, Legitimacy, Capacity, and Authority
Political Geography:
Africa and Tanzania

4. Localising the SDGs in India: The Role of Government and Private Training Institutes

Author:
Sreerupa Sengupta and Avik Sinha
Publication Date:
01-2022
Content Type:
Working Paper
Institution:
German Institute of Development and Sustainability (IDOS)
Abstract:
The Sustainable Development Goals (SDGs) present a new and coherent way of thinking about diverse facets of development. Implicit in the framework of the SDGs is that the goals are interconnected and interdependent. To translate such critical ideas into reality, countries need new skills, perspectives and approaches to the implementation of policies and programmes. Capacity-building, in particular for the public sector, is therefore at the core of achieving the 2030 Agenda. Although all countries have designed their respective capacity-building strategies and undertaken various interventions for knowledge dissemination among government officials and other stakeholders on the SDGs, there are wide variations between countries regarding the progress on capacity-building initiatives. In many developing countries, the heterogeneity of the political, societal and economic structures poses one of the biggest challenges to capacity-building for the localisation of the SDGs. This discussion paper explores and maps the SDG training landscape for government officials in India. As a particularly heterogeneous country in political, economic and cultural terms, India is an interesting example to explore the challenges of capacity-building in many developing countries towards the achievement of the SDGs. Against this background, the study aims to achieve the following: a) to understand the role of government and private actors in building the capacity of government officials to respond to the 2030 Agenda b) to understand the resources required for capacity-building on the SDGs c) to identify the current shortcomings in capacity-building efforts d) to develop recommendations for a more coordinated and effective strategy that will strengthen the capacity-building initiatives of India This paper highlights the relevance of the evidence for creating better processes, even in the sphere of sensitisation, capacity-building and advocacy. A major contribution of the paper is to help India develop an evidence-based policy on SDG trainings. This paper will also assist other countries that are currently tackling similar kinds of challenges in the realm of capacity-building for the SDGs in designing a comprehensive capacity-building strategy for effective implementation of the SDGs.
Topic:
Development, Government, Sustainable Development Goals, and Capacity
Political Geography:
South Asia and India