Well-Founded Fear
Encyclopedia
Well-Founded Fear is a 2000 documentary film
from directors Shari Robertson
and Michael Camerini
. The film takes its title from the formal definition of a refugee
under the UN Convention Relating to the Status of Refugees
, as a person who deserves protection, "owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion.” The film analyzes the US asylum process by following several asylum applicants and asylum officers through actual INS interviews.
is ever admitted as a refugee
to the U.S. A refugee is defined as, someone afraid to return home for fear of persecution on account of race, religion, nationality, social group or political opinion. Any foreign citizen who is able to find a path into the U.S. is eligible to apply for refugee protection
in the form of political asylum
. At the time of filming, all requests for asylum were handled by the Immigration and Naturalization Service (INS)
.
Behind the doors of the asylum office lies a dramatic real-life stage where American ideals about human rights collide with the nearly impossible task of trying to know the truth. The film shows the closed corridors of the INS for an extraordinary close-up look at what has been called the Ellis Island
of the 21st Century. It is an intimate world never before seen on screen—asylum officers, lawyers, translators, economic migrants, legitimate refugees looking for protection, all focused on the confidential interviews that are the heart of the asylum process
.
Cases examined within the film involve individuals originating from China, El Salvador
, Albania
, Nigeria
, Romania
, Algeria
, France
and Russia
. The film reveals the challenges of determining the validity of claims made in the asylum interview process.
The film closes with several onscreen statements about how the asylum application process has changed since filming. Congress passed legislation which reduces the number of people who are eligible to apply for asylum. The legislation also jails individuals arriving at U.S. borders requesting asylum. Additionally, the legislation limited an individual's right to appeal some of the decisions from asylum officers.
where The Hollywood Reporter
called it “one of the most talked-about and attended films at the Festival.” The film was broadcast on PBS
, through P.O.V. on June 5, 2000. It was also broadcast on CNN and CNN satellite stations as CNN Presents: Asylum in America. It played at Docfest 2000, where it was lauded as The Grand Jury Prize Winner.
The film has screened at festivals in San Francisco, New Zealand, Finland and many cities across the United States. It has been an Official Selection at:
The film has been specially screened at New York University
, The School of International and Public Affairs, Columbia University, Austin Film Society's
"Texas Documentary Tour," Office of Refugee Resettlement National Conference in D.C., Carnegie Endowment for International Peace
in D.C. and The Refugee Studies Centre
at University of Oxford
.
The New York Times review said “the two-hour documentary by Shari Robertson and Michael Camerini takes an amazingly unflinching look at the process for seeking political asylum in the United States. The viewer who sticks with it ends up rewarded but deeply rattled, on several levels.”
The Daily News review of the P.O.V. broadcast called the film “a very strong show,” highlighting that “the close-ups, when people learn of their fates, are unforgettable, as are some of the very candid admissions by the INS interviewers. And by all means, stay tuned until the very end, because the updates at the end will both amaze and amuse you.”
Esquire
cited the film as “a reason to (still) watch PBS... [and] a reminder of the power public television can still generate when it’s firing on all of its high-minded cylinders.” At the 2000 Independent Spirit Awards
, the film was nominated the Truer than Fiction award.
Documentary film
Documentary films constitute a broad category of nonfictional motion pictures intended to document some aspect of reality, primarily for the purposes of instruction or maintaining a historical record...
from directors Shari Robertson
Shari Robertson
Shari Robertson is an American Film Director and producer. Her filmmaking credits include Twelve Stories: How Democracy Works Now, Well-Founded Fear, These Girls Are Missing, Inside the Khmer Rouge, Return to Year Zero and Washington/Peru: We Ain't Winnin'. Her films have been featured on HBO, CNN,...
and Michael Camerini
Michael Camerini
Michael Camerini is a film director, producer and cinematographer. His filmmaking credits include Twelve Stories: How Democracy Works Now, Well-Founded Fear, These Girls Are Missing, Becoming the Buddha in L.A., Dadi's Family and Born Again: Life in a Fundamentalist Baptist Church...
. The film takes its title from the formal definition of a refugee
Refugee
A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...
under the UN Convention Relating to the Status of Refugees
Convention Relating to the Status of Refugees
The United Nations Convention Relating to the Status of Refugees is an international convention that defines who is a refugee, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. The Convention also sets out which people do not...
, as a person who deserves protection, "owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion.” The film analyzes the US asylum process by following several asylum applicants and asylum officers through actual INS interviews.
Synopsis
On average, only one in two hundred asylum applicantsRefugee roulette
Refugee roulette refers to arbitrariness in the process of refugee status determinations or, as it is called in the United States, asylum adjudication...
is ever admitted as a refugee
Refugee
A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...
to the U.S. A refugee is defined as, someone afraid to return home for fear of persecution on account of race, religion, nationality, social group or political opinion. Any foreign citizen who is able to find a path into the U.S. is eligible to apply for refugee protection
Right of asylum
Right of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...
in the form of political asylum
Asylum in the United States
The United States honors the right of asylum of individuals as specified by international and federal law. A specified number of legally defined refugees, who apply for asylum either overseas or after arriving in the U.S., are admitted annually. Refugees compose about one-tenth of the total...
. At the time of filming, all requests for asylum were handled by the Immigration and Naturalization Service (INS)
Immigration and Naturalization Service
The United States Immigration and Naturalization Service , now referred to as Legacy INS, ceased to exist under that name on March 1, 2003, when most of its functions were transferred from the Department of Justice to three new components within the newly created Department of Homeland Security, as...
.
Behind the doors of the asylum office lies a dramatic real-life stage where American ideals about human rights collide with the nearly impossible task of trying to know the truth. The film shows the closed corridors of the INS for an extraordinary close-up look at what has been called the Ellis Island
Ellis Island
Ellis Island in New York Harbor was the gateway for millions of immigrants to the United States. It was the nation's busiest immigrant inspection station from 1892 until 1954. The island was greatly expanded with landfill between 1892 and 1934. Before that, the much smaller original island was the...
of the 21st Century. It is an intimate world never before seen on screen—asylum officers, lawyers, translators, economic migrants, legitimate refugees looking for protection, all focused on the confidential interviews that are the heart of the asylum process
Refugee law
Refugee law is the branch of international law which deals with the rights and protection of refugees. It is related to, but distinct from, international human rights law and international humanitarian law, which deal respectively with human rights in general, and the conduct of war in...
.
Cases examined within the film involve individuals originating from China, El Salvador
Sanctuary movement
The Sanctuary Movement was a religious and political campaign that began in the early 1980s to provide safe-haven for Central American refugees fleeing civil conflict...
, Albania
Albania
Albania , officially known as the Republic of Albania , is a country in Southeastern Europe, in the Balkans region. It is bordered by Montenegro to the northwest, Kosovo to the northeast, the Republic of Macedonia to the east and Greece to the south and southeast. It has a coast on the Adriatic Sea...
, Nigeria
Nigeria
Nigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...
, Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
, Algeria
Algeria
Algeria , officially the People's Democratic Republic of Algeria , also formally referred to as the Democratic and Popular Republic of Algeria, is a country in the Maghreb region of Northwest Africa with Algiers as its capital.In terms of land area, it is the largest country in Africa and the Arab...
, France
Jewish refugees
In the course of history, Jewish populations have been expelled or ostracised by various local authorities and have sought asylum from antisemitism numerous times...
and Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
. The film reveals the challenges of determining the validity of claims made in the asylum interview process.
The film closes with several onscreen statements about how the asylum application process has changed since filming. Congress passed legislation which reduces the number of people who are eligible to apply for asylum. The legislation also jails individuals arriving at U.S. borders requesting asylum. Additionally, the legislation limited an individual's right to appeal some of the decisions from asylum officers.
Release
Well-Founded Fear was featured as an Official Selection at the 2000 Sundance Film FestivalSundance Film Festival
The Sundance Film Festival is a film festival that takes place annually in Utah, in the United States. It is the largest independent cinema festival in the United States. Held in January in Park City, Salt Lake City, and Ogden, as well as at the Sundance Resort, the festival is a showcase for new...
where The Hollywood Reporter
The Hollywood Reporter
Formerly a daily trade magazine, The Hollywood Reporter re-launched in late 2010 as a unique hybrid publication serving the entertainment industry and a consumer audience...
called it “one of the most talked-about and attended films at the Festival.” The film was broadcast on PBS
Public Broadcasting Service
The Public Broadcasting Service is an American non-profit public broadcasting television network with 354 member TV stations in the United States which hold collective ownership. Its headquarters is in Arlington, Virginia....
, through P.O.V. on June 5, 2000. It was also broadcast on CNN and CNN satellite stations as CNN Presents: Asylum in America. It played at Docfest 2000, where it was lauded as The Grand Jury Prize Winner.
The film has screened at festivals in San Francisco, New Zealand, Finland and many cities across the United States. It has been an Official Selection at:
- The Human Rights Watch International Film FestivalHuman Rights WatchHuman Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
, LondonLondonLondon is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
; - San Francisco International Film FestivalSan Francisco International Film FestivalSan Francisco International Film Festival is the oldest continuously running film festival in the Americas. Organized by the San Francisco Film Society, the International is held each spring for two weeks, presenting an average of 150 films from over 50 countries...
; - DoubleTake Documentary Film Festival, Durham, NC;
- Cleveland International Film FestivalCleveland International Film FestivalThe Cleveland International Film Festival, first held in 1977, is the largest film festival in Ohio. The 2010 festival featured over 300 films. Since 1991 the festival has been held at Tower City Cinemas in downtown Cleveland.-Roxanne T...
; Wisconsin Film FestivalWisconsin Film FestivalThe Wisconsin Film Festival is an annual film festival, founded in 1999. The five-day long festival is held every April in Madison, Wisconsin.The Festival presents a broad range of independent American and world cinema , restorations and revivals, and locally made pictures from Wisconsin filmmakers...
, Madison; - Old Dominion Film Festival, Norfolk, VA;
- Taos Talking Pictures Film FestivalTaos Talking Pictures Film FestivalThe Taos Talking Pictures Film Festival ran from 1994 to 2003 with a peak budget of $750,000 in 2002 and attracted Hollywood stars like Elizabeth Taylor, James Coburn and Julia Roberts....
, NMNmNM, nm, nM, or Nm are common abbreviations for various terms.nm may stand for:* nanometer, an SI unit of length, equal to 10−9 m * nm , a computer program used as an aid for debugging...
; - Philadelphia Festival of World Cinema;
- UNAFF (United Nation Association Film Festival);
- CineVegas International Film FestivalCinevegasCineVegas was a film festival held annually at the Palms Casino Resort in Las Vegas that ran from 1999 to 2009, typically in early June. Robin Greenspun serves as the Festival president, and Trevor Groth serves as artistic director. Actor Dennis Hopper is the chairman of the Festival's creative...
; - The New Zealand International Film FestivalNew Zealand International Film FestivalsThe New Zealand International Film Festival is a film festival held annually across New Zealand throughout the latter half of the year.In 2009 for the first time the Festival relinquished its various regional names to be called the New Zealand International Film Festival...
; - Documentary Guild's Uptown-Downtown Film Festival, Helsinki, Finland
The film has been specially screened at New York University
New York University
New York University is a private, nonsectarian research university based in New York City. NYU's main campus is situated in the Greenwich Village section of Manhattan...
, The School of International and Public Affairs, Columbia University, Austin Film Society's
Austin Film Society
The Austin Film Society is a non-profit film society based in Austin, Texas. Founded in 1985 to exhibit independent, experimental, foreign and various other non-mainstream art films, the film society has grown from just film exhibition to fostering independent filmmaking in Texas and has served as...
"Texas Documentary Tour," Office of Refugee Resettlement National Conference in D.C., Carnegie Endowment for International Peace
Carnegie Endowment for International Peace
The Carnegie Endowment for International Peace is a foreign-policy think tank based in Washington, D.C. The organization describes itself as being dedicated to advancing cooperation between nations and promoting active international engagement by the United States...
in D.C. and The Refugee Studies Centre
Refugee Studies Centre
The Refugee Studies Centre was established in 1982, as part of the University of Oxford’s Department of International Development , in order to promote the understanding of the causes and consequences of forced migration and to improve the lives of some of the world’s most marginalised people...
at University of Oxford
University of Oxford
The University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
.
Critical reception
The film has earned praise and criticism from commentators, reformers, and educators. The film is currently used in universities and law schools across the nation. It is in regular use by the Asylum Training Corps in the Department of Homeland Security, as well as hundreds of law offices across the U.S.The New York Times review said “the two-hour documentary by Shari Robertson and Michael Camerini takes an amazingly unflinching look at the process for seeking political asylum in the United States. The viewer who sticks with it ends up rewarded but deeply rattled, on several levels.”
The Daily News review of the P.O.V. broadcast called the film “a very strong show,” highlighting that “the close-ups, when people learn of their fates, are unforgettable, as are some of the very candid admissions by the INS interviewers. And by all means, stay tuned until the very end, because the updates at the end will both amaze and amuse you.”
Esquire
Esquire (magazine)
Esquire is a men's magazine, published in the U.S. by the Hearst Corporation. Founded in 1932, it flourished during the Great Depression under the guidance of founder and editor Arnold Gingrich.-History:...
cited the film as “a reason to (still) watch PBS... [and] a reminder of the power public television can still generate when it’s firing on all of its high-minded cylinders.” At the 2000 Independent Spirit Awards
Independent Spirit Awards 2000
The 16th Independent Spirit Awards, given by Film Independent in 2001, honored the best in film for 2000.-Best Actor: Javier Bardem - Before Night Falls*Adrien Brody - Restaurant*Billy Crudup - Jesus' Son*Hill Harper - The Visit...
, the film was nominated the Truer than Fiction award.
Modules
Due to the film’s success in the classroom and other education situations, two discussion modules were produced to accompany the film.- Tales From Real Life provides an in-depth look at five memorable people from countries around the globe, all seeking asylum in the United States. Each case study, of an actual asylum interview, provides window into a very different life experience:
- Lyudmila, a Jewish ex-soviet from BelarusBelarusBelarus , officially the Republic of Belarus, is a landlocked country in Eastern Europe, bordered clockwise by Russia to the northeast, Ukraine to the south, Poland to the west, and Lithuania and Latvia to the northwest. Its capital is Minsk; other major cities include Brest, Grodno , Gomel ,...
, living in Minsk, who feels persecuted by her neighbors and strangers. - Jamal, a SudanSudanSudan , officially the Republic of the Sudan , is a country in North Africa, sometimes considered part of the Middle East politically. It is bordered by Egypt to the north, the Red Sea to the northeast, Eritrea and Ethiopia to the east, South Sudan to the south, the Central African Republic to the...
ese political dissident who was tortured and is intent on describing his entire story. - Gjergi, an AlbaniaAlbaniaAlbania , officially known as the Republic of Albania , is a country in Southeastern Europe, in the Balkans region. It is bordered by Montenegro to the northwest, Kosovo to the northeast, the Republic of Macedonia to the east and Greece to the south and southeast. It has a coast on the Adriatic Sea...
n, kidnapped by the secret-policeSigurimiThe Drejtoria e Sigurimit të Shtetit , commonly called the Sigurimi, was the state security, intelligence and secret police service of the Socialist People's Republic of Albania...
and beaten after writing an article in his high school newspaper. - Alfonso, a GuatemalaGuatemalaGuatemala is a country in Central America bordered by Mexico to the north and west, the Pacific Ocean to the southwest, Belize to the northeast, the Caribbean to the east, and Honduras and El Salvador to the southeast...
n who is modest about how he was affected by civil warGuatemalan Civil WarThe Guatemalan Civil War ran from 1960-1996. The thirty-six-year civil war began as a grassroots, popular response to the rightist and military usurpation of civil government , and the President's disrespect for the human and civil rights of the majority of the population...
. - Mareja, a former YugoslaviaYugoslaviaYugoslavia refers to three political entities that existed successively on the western part of the Balkans during most of the 20th century....
n, unable to prosecute her abusive husband because his Communist PartyLeague of Communists of YugoslaviaLeague of Communists of Yugoslavia , before 1952 the Communist Party of Yugoslavia League of Communists of Yugoslavia (Serbo-Croatian: Savez komunista Jugoslavije/Савез комуниста Југославије, Slovene: Zveza komunistov Jugoslavije, Macedonian: Сојуз на комунистите на Југославија, Sojuz na...
family ruled the region.- Practicing Asylum Law is geared especially toward the needs of advocates, legal professionals and their clients. It offers concrete examples for discussion and analysis, along with notes and commentary by experts and Asylum Office insiders. This module illustrates the interactions between attorneys and asylum officers. Practicing Asylum Law also includes an extended feature about the dangers of translation, showing actual examples of mistakes made during asylum interviews.
Additional resources
The filmmakers developed an educational website, commissioned by POV for their broadcast of the film in 2000. The website allows users to play an online game where they can "step into the job of asylum officer for a few minutes and try deciding a case themselves." Gerald, an INS asylum officer who appears in the film is featured in the online game.See also
- How Democracy Works Now: Twelve Stories
- Convention Relating to the Status of RefugeesConvention Relating to the Status of RefugeesThe United Nations Convention Relating to the Status of Refugees is an international convention that defines who is a refugee, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. The Convention also sets out which people do not...
- RefugeeRefugeeA refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...
- ImmigrationImmigrationImmigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...
- Shari RobertsonShari RobertsonShari Robertson is an American Film Director and producer. Her filmmaking credits include Twelve Stories: How Democracy Works Now, Well-Founded Fear, These Girls Are Missing, Inside the Khmer Rouge, Return to Year Zero and Washington/Peru: We Ain't Winnin'. Her films have been featured on HBO, CNN,...
- Michael CameriniMichael CameriniMichael Camerini is a film director, producer and cinematographer. His filmmaking credits include Twelve Stories: How Democracy Works Now, Well-Founded Fear, These Girls Are Missing, Becoming the Buddha in L.A., Dadi's Family and Born Again: Life in a Fundamentalist Baptist Church...