59 Pages Posted: 17 Jul 2013 Last revised: 23 Mar 2015
Date Written: July 16, 2013
In this Article, I argue that the UN Refugee Agency’s global policy for addressing foreignness or xenophobic discrimination is inadequate. By focusing narrowly on harm to refugees resulting from explicit anti-foreigner prejudice, it ignores pervasive structural xenophobic discrimination — rights violations that result from the disproportionate effect of facially neutral measures on refugees, due to their status as foreigners. I argue that the international human rights law that the UN Refugee Agency has used to compel regulation of explicit prejudice-based xenophobic discrimination also requires regulation of structural xenophobic discrimination. As a result, the UN Refugee Agency should adopt an inclusive approach that targets both forms of xenophobic discrimination.
Keywords: Refugees, Xenophobia, Discrimination
Suggested Citation: Suggested Citation
Achiume, Tendayi, Beyond Prejudice: Structural Xenophobic Discrimination Against Refugees (July 16, 2013). Georgetown Journal of International Law, Vol. 45, No. 3, 2014; UCLA School of Law Research Paper No. 13-28. Available at SSRN: https://ssrn.com/abstract=2294557