Arthur C. Helton Fellowship Reflection Paper
Lindsay M. Harris, University of California, Berkeley, Boalt Hall School of Law
What were the original goals of your research?
The original goal of my research was to develop an understanding of how decision-makers within the South African asylum and refugee system interpret women's asylum claims. I hoped to understand how women's claims were being analyzed and how decision-makers were utilizing the generous provisions in the South African 1998 Refugees' Act with regards to gender. Working in the South African context appealed to me as the nation holds such potential as a model for the rest of the continent in addressing refugee and asylum issues.
What challenges did you come across?
Among the many challenges I faced in conducting this research was the sheer lack of information on the topic. Unfortunately as the Forced Migration Studies Programme was still negotiating access to the Department of Home Affairs, I was restricted to researching using client files at the numerous legal clinics throughout the country. Only a minority of asylum seekers in South Africa seek and receive legal assistance so the sample size was quite limited. Furthermore most of those who seek legal assistance do not reveal the grounds for asylum to their lawyers, so it was difficult to locate cases involving applications for asylum on gender grounds. However I was able to refine the research and focus on a case study based on interviews with twenty-one relevant asylum seekers/refugees and did manage to review approximately 4800 client files throughout the country in search of the elusive gender cases.
Did your results reflect your original expectations?
My original expectations were that my research would focus solely on women. In considering gender-related persecution and claims linked to gender as a particular social group I actually gained exposure to gender issues affecting men, such as persecution on the basis of sexual orientation, male rape, and forced marriage. This gave me a deeper appreciation of the concept of gender. My original expectations were also perhaps overly ambitious - I thought that in ten weeks I could perform original research and have outcomes such as a training session, a chapter in a book and a policy document! At this point only the policy document will initially materialize. However, local masters students will continue some of the research I had anticipated performing, so ultimately my presence and work provided an impetus for others to continue the exploration into gender and asylum issues.
How has your experience affected your professional goals?
Prior to this summer I was considering a career in human rights advocacy on a policy level. I thought that this would enable me to have the most meaningful impact in the field of refugee and asylum law. However, after spending a summer researching and having little contact with clients other than in listening to and recording their stories, I feel confident that I will pursue a career in direct client services. I found researching and not being able to actively play a part in solving one individuals' problems at a time very frustrating. Luckily I was conducting my research at law clinics throughout South Africa so gained exposure to those working in the direct client services sector, which made me certain that I need at least a component of this in my career. The fellowship experience has provided me with clarification in that I find fulfillment in interacting with clients on a daily basis. Finally, while the stark contrast in wealth and poverty in South Africa made it a compelling place to work, it also made me realize the more subtle, yet ever-present contrasts in the U.S. and has given me a renewed sense of duty to work on human rights domestically.
How do you anticipate bringing your fellowship experience back home to your local community?
I will be taking a Global Migration Issues seminar in the fall semester where I hope to refine my ideas and contribute to a law journal article focusing on gender and asylum in the South African context. Additionally I will be a graduate teaching assistant for an undergraduate Human Rights class where I will present my research findings and experience to the students. I will also be coordinating the California Asylum Representation Clinic at Boalt and think that my summer work focused on gender and asylum issues will aid me in my role as a clinic coordinator. My role as a Boalt Hall Committee for Human Rights co-chair will allow me to interact with incoming law students interested in human rights issues and I will be able to share my fellowship experience with them. Finally I will also deliver a paper at a Human Rights Conference in Berkeley in November where I will report my findings back to the Berkeley community.
What quote would captivate a moment that you had during your fellowship?
"Everything is difficult here but because we have no choice we have to accommodate, we have to do whatever they want us to do" Refugee Woman from the Democratic Republic of Congo commenting on the hardest aspect of her life in South Africa. This comment, while poignant, also highlights the incredible resilience and strength of African refugees.