Dr. Bernard Sama, Chair of the Asylum Seeker Support Trust Board in Tāmaki Makaurau Auckland, recently presented his PhD thesis on the integration of Therapeutic Jurisprudence into New Zealand's Refugee and Protection Status Determination (RSD).
His research indicates that although Aotearoa New Zealand's refugee law theoretically supports procedural fairness, which aligns well with Therapeutic Jurisprudence, significant shortcomings exist within the law.
Facing political persecution in the Cameroons as an Anglophone rights activist, Bernard fled to Aotearoa New Zealand more than a decade ago, sought asylum and was recognised by the government as a convention refugee. Despite his bachelor’s degree in law and a work background in human rights law, Bernard encountered difficulties navigating the Refugee and Protection Status Determination process. This included facing psychological and emotional challenges, as well as hurdles in accessing essential community services.
So he had both a personal and professional interest in his PhD research topic. Bernard shared the reason behind his research in a University of Auckland interview earlier this year:
"Even as a lawyer, my own experience of being an asylum seeker here was quite challenging. It was extremely stressful navigating and understanding refugee law. I also felt distressed by the legal processes involved in determining my refugee status."
During this time, he also helped several other asylum seekers who had similar experiences coping with the process.
"This motivated me to investigate how the law that governs refugee status in New Zealand can work better for people like me, who have often come from backgrounds which include torture and detention."
In his presentation, Bernard highlighted that decision-makers often fail to fully utilise the opportunities provided by the law to enhance access to justice and protect the wellbeing of asylum seekers. He expressed concerns about practices at the border, detention conditions, and interviewing methods that have adverse effects on wellbeing and are far from being mana enhancing.
About Therapeutic Jurisprudence
Therapeutic Jurisprudence is an approach to law that focuses on the law's impact on emotional life and psychological wellbeing. It suggests that legal rules, procedures, and the roles of legal actors (such as judges, lawyers, and other professionals) can be seen as social forces that produce therapeutic or anti-therapeutic consequences.
The main idea behind therapeutic jurisprudence is to consider the law not just as a set of rules but as a tool that can influence the mental health and behaviour of individuals involved in the legal process. This approach emphasises the need for the law to minimise harm and promote the wellbeing of individuals, without compromising legal principles like justice and fairness.
Overall, therapeutic jurisprudence aims to reform the legal system to make it more responsive to the needs and wellbeing of individuals, promoting healing and positive outcomes wherever possible.
As Bernard states in his PhD: “Therapeutic jurisprudence theory has potential to reinvigorate the law, legal processes, and practices for ‘refugee and protection status determination’ (RSD) through focusing on health and wellbeing alongside ensuring due process, thoroughness, and integrity of the RSD system.”
Bernard Sama at his graduation at the University of Auckland
Source: The University of Auckland
Bernard’s research has encouraged us to think about our own work practices. Rangatiratanga self-agency and the empowerment of former refugee and migrant individuals and communities are vital components of our mission. By incorporating Therapeutic Jurisprudence principles in how we work, we can further emphasise the importance of creating a culture of self-agency as not one size fits all.
Rangatiratanga self-agency allows individuals to take control of their own lives, make informed decisions, and act in ways that align with their values and goals. This empowerment fosters a sense of dignity and self-worth, which is particularly crucial for former refugees and asylum seekers who may have experienced significant trauma and disempowerment. When individuals feel they have agency, their capacity for resilience increases. This is vital for refugees, migrants and asylum seekers who must navigate complex legal systems, integrate into new communities, and rebuild their lives.
Educational programmes, community initiatives, and policy frameworks that prioritise rangatiratanga self-agency, empowerment and wellbeing, can play a pivotal role in fostering inclusive communities where everyone has the opportunity to thrive. We can all contribute to that!
To access Dr. Bernard Sama's PhD, Incorporating Therapeutic Jurisprudence in New Zealand Refugee and Protection Status Determination: Possibilities and Constraints, visit: https://researchspace.auckland.ac.nz/handle/2292/67518
Thank you, Bernard and Asylum Seekers Support Trust, for all the incredible mahi you do!
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