The authorities in the CCAC simultaneously weaponise their own ignorance, and project an
ignorance onto those who are detained. Developing Spivak’s concept provides a useful way to
reattribute agency to those managing and operating the CCAC—a space constructed to
suspend racialised mobilities—without necessarily diagnosing the intent of the authorities.
Rather, there is power in the ignorance of decision-making or failure to take decisions, while
simultaneously perpetuating an image of their benevolence or ‘humanitarianism’.
The second section describes the infrastructure, key changes and legal basis which already
make the CCAC a detention space contrary to European law. This transitions the paper to the
central discussion in sections three and four on how ignorance together with changing
detention practices and enforced waiting, contribute to and exacerbate detention. These
practices undermine suggestions by the Greek and EU authorities that they are simply
responding to an overwhelming situation, but rather they are strategically ignorant towards
their preparedness and thus produce their own failings. This paper concludes that the changing
circumstances make the space and practices of detention more difficult to challenge.
Revealing a third aspect of ignorance, wherein legal NGOs and lawyers are themselves
mediating ignorance. Ultimately, changes to practices, standards and conditions cannot
reconcile with the arbitrary and unlawful detention of people on the move which the CCAC
represents. Reiterating statements made in IHR’s report, this paper does not find any form of
detention of people seeking international protection permissible, regardless of the ‘sophisticated
language’ and appeals to benevolent intentions.
1. Introducing Sanctioned Ignorance
The Greek hotspot islands are politically positioned as an ‘entry-point’ or ‘frontier’ into Europe
and the European Union. For this reason, Gayatri Spivak’s postcolonial scholarship importantly
aids in recognising and critiquing the colonial entanglements which persist in the practices of
bordering ‘Europe’. Scholars writing in the fields of decoloniality, postcoloniality, and Third World
Approaches to International Law (TWAIL), argue that international law and the international
refugee law regime were informed by enduring colonial logics (4). The EU hotspot approach—
the political and legal basis for the Samos CCAC—suspends the mobility of populations from
the global south entering Europe during the so-called ‘refugee crisis’. This is inextricably
entrenched and entangled in Europe’s ‘post’-colonial present.
The crisis of borders is also a crisis of management, wherein media and political discourse refer
to an ‘overwhelming’ number of people arriving at the border and an ‘overwhelmed’ system for
managing those populations (5). This discourse is often framed in racialised terms but ignorant
to the colonial and hegemonic histories which produce contemporary mobilities. As argued by
Polly Pallister-Wilkins, the so-called ‘humanitarian border’ space is involved in perpetuating
Fanon’s global colour line of unequal mobility and the Greek hotspots are a material and
bureaucratic tool for consolidating that inequality (6). The CCAC is not only a form of unlawful
and arbitrary de facto detention but occurs within the specific context and historical legacy of
constructing and bordering ‘Europe’. Postcolonial scholarship for this reason may also help us
understand how the material infrastructure and pervasive social control are exacerbated by
this legacy.
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