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Talk by Violeta Moreno-Lax (Professor of Law, Queen Mary University of London and the University of Barcelona)

This paper takes issue with the exclusionary understanding of solidarity underpinning the European Union (EU)’s response to the Ukrainian refugee crisis. Through a detailed examination of the Temporary Protection scheme deployed since the beginning of the Russian invasion and its surrounding context, including the EU’s response to non-Ukrainian forced migrants fleeing the conflict, I will show how solidarity has been employed as an ‘othering’ device to discriminate or, at least, stratify access to international protection. Whereas up to 6 million (white/Christian) Ukrainian refugees have been granted access to asylum in the EU since the beginning of the war, benefiting from a series of facilitation mechanisms built on the basis of (proclamations of) ‘solidarity with Ukraine’, other (brown/predominantly Muslim) forcibly displaced populations fleeing the conflict have been met with suspicion, containment, and rejection at the border. What this comparison will unveil is, therefore, the lack of a unified approach to the understanding of solidarity in this domain that has had the (indirect/unintended?) effect of institutionalizing Islamophobia – or at least a highly securitized understanding of Islam – vis-à-vis those in need (and entitled to) international protection in the EU. In this situation, reliance on a conceptualization of solidarity as an exclusion/othering tool that impedes, rather than facilitates, access to international protection for the vast majority of (non-white/non-Christian) refugees is not only at odds with the 1951 Refugee Convention, but is also contrary to the general principle of non-discrimination on grounds of race, making the whole scheme deeply problematic and incompatible with key international legal standards. 

Co-sponsored with the Institute for European Studies 

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