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1
Radityo, Gibson, and Ida Kurnia. "PENGUSIRAN MASSAL PENGUNGSI AFRIKA UTARA DARI JERMAN DAN PERMASALAHANNYA." Jurnal Hukum Adigama 1, no. 1 (July 30, 2018): 1164. http://dx.doi.org/10.24912/adigama.v1i1.2200.
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United Nation High Commissioner of Refugee (UNHCR) is an internasional organization made under United Nations (UN) specifically for asylum seeker and refugee issues. As an international organization, UNHCR have a legal personality which is give them power to do such a legal action, yet from that power make UNHCR also gets its rights and respondsibility. According to UNHCR statute, Vienna Convention 1951 and Protocol 1967, one of UNHCR respondsibility is to protect and keep the refugee safe and make sure the third parties nation do all the responsibility to keep and protect the refugee. But how, if there is an issue that a nation break the international convention for refugee by force the refugee back to their home, yet the refugees already proved to do crimes againts the third parties nation policy? yet if the refugees forced back to their origin couuntry, they will be threathened, so how suppose the UNHCR as an international organization for refugee do according to the UNHCR statute and Convention of refugees?in that case it will give a responsibility for UNHCR to solve the issue for the refugee. As the case above, the author have an insterest to summarizes the issue as my thesis.
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Betts, Alexander. "The Normative Terrain of the Global Refugee Regime." Ethics & International Affairs 29, no. 4 (2015): 363–75. http://dx.doi.org/10.1017/s0892679415000350.
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The global refugee regime encompasses the rules, norms, principles, and decision-making procedures that govern states' responses to refugees. It comprises a set of norms, primarily those entrenched in the 1951 Convention relating to the Status of Refugees, which defines who is a refugee and the rights to which such people are entitled. It also comprises an international organization, the Office of the United Nations High Commissioner for Refugees (UNHCR), which has supervisory responsibility for ensuring that states meet their obligations toward refugees.
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Gibson, Miah. "An International Convention on Refugee Resettlement." Deakin Law Review 24 (August 30, 2019): 175–212. http://dx.doi.org/10.21153/dlr2019vol24no1art877.
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Forced migration has been the subject of intense debate in the past 50 years and has spawned a wealth of literature as a result. Few commentators, however, have considered the value or viability of an international agreement on refugee resettlement that would include mandatory resettlement quotas. This article puts forward a proposal for an International Convention on Refugee Resettlement. Such a convention would, I argue, help to address some of the current limitations of resettlement as a solution to the increase in refugee numbers. Appendix 1 contains the suggested wording for such a convention, drawing on several international human rights treaties (particularly the 1951 Convention Relating to the Status of Refugees) as well as resettlement principles and policies set out by the Office of the United Nations High Commissioner for Refugees. Appendix 2 provides explanatory notes for the draft wording. It is hoped that such wording might be of use to those campaigning for the development of a binding, international agreement on resettlement.
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Keely, Charles B. "The International Refugee Regime(s): The End of the Cold War Matters." International Migration Review 35, no. 1 (March 2001): 303–14. http://dx.doi.org/10.1111/j.1747-7379.2001.tb00016.x.
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The purpose of this note is to present a schematic narrative and analysis of the development of the international response to refugees by states during the Cold War. The analysis focuses on the period from the statute creating the United Nations High Commissioner for Refugees and the Convention on the Status of Refugees, both in 1951, through the end of the Cold War. The note supplements the analysis contained in an earlier theoretical article published in this journal in 1996 entitled “How Nation-States Create and Respond to Refugee Flows” (Keely, 1996). The views differ sharply from conventional wisdom but provide a better understanding of and an explanation for some contemporary difficulties regarding refugee and asylum policy, especially in the industrial countries, but also more generally globally.
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Stevens, Dallal. "What Do We Mean by Protection?" International Journal on Minority and Group Rights 20, no. 2 (2013): 233–62. http://dx.doi.org/10.1163/15718115-02002005.
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Protection is arguably the raison-d’être of refugee policy. Yet, surprisingly, the meaning of protection is not without ambiguity. ‘Domestic protection’ can be distinguished from ‘international protection’; the sense attributed to protection within the 1951 Refugee Convention contrasts with that of the 1950 United Nations High Commissioner for Refugees (UNHCR) Statute. Equally, how the state interprets its protective obligations departs frequently from the practice of humanitarian organisations. Alongside such differences, there has been a proliferation of protection concepts in recent years which, far from improving understanding, have added unnecessary confusion and undermined the fundamental purpose of protection. This article considers the language of ‘protection’ within the refugee field and argues that protection proliferation must now be addressed and reversed.
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Salsabiil, Cinde, Dwi Nuryani, and Happy Herlambang. "Immigration Detention Supervision Urgency." Journal of Law and Border Protection 1, no. 1 (May 28, 2019): 35–49. http://dx.doi.org/10.52617/jlbp.v1i1.155.
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World War II was a war between the Allied Powers and the Axis Powers, both of which had extraordinary military power. Seeing the post-World War II conditions, many people lost their homes and families so that in order to realize human rights, the international community agreed to form the United Nations (UN) or the United Nations (UN) with the aim of strengthening international cooperation and preventing conflicts. upcoming conflict. In terms of protecting refugee rights, the United Nations established the legal basis for the Geneva Convention 1951 which is a guideline for the international community in providing protection for refugees. Australia was one of the countries that took part in ratifying the Geneva convention of 1951, while Indonesia was not one of the countries that ratified the convention. However, due to the geographic location of Indonesia as opposed to Australia, Indonesia has had the impact, namely the number of asylum seekers waiting for their refugee status and some of them are not clear because they are not included in the category of refugees by UNHCR. So that the author will explain how important the supervision of refugees in Indonesia is by the Immigration Detention Center or often referred to as Rudenim. In the Duties and Functions of Rudenim there is already a supervisory function but the subject of such supervision is detainees, while in Presidential Regulation No. 125 of 2016 concerning the Handling of Refugees from Abroad, Rudenim has the duty to supervise refugees in Indonesia, so that there are discrepancies between the regulations of the Rudenim Administration and the legal basis governing the handling of these refugees.
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Bakker, Felix Ferdin. "Establish ASEAN-AUSTRALIA Communication In Resolving Humanitarian Issues For International Asylum Seekers and Refugees." Veteran Law Review 4, no. 1 (April 16, 2021): 53. http://dx.doi.org/10.35586/velrev.v4i1.2630.
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The current problem of refugees cannot be handled with policies that address the root of the problem. The increasing number of refugees in the Southeast Asian region makes transit countries overwhelmed in dealing with this problem. On the other hand, as a refugee recipient country in the last ten years, Australia has had a strict policy in accepting refugees. Australia's approach to return refugee ships to a transit country is a controversial policy because Australia itself is a country that signed the 1951 convention on refugee status. On the other hand, the existence of refugees and asylum seekers has a significant impact on the local community's social changes, and the current refugee policy arrangement is still in the hands of UNHCR ( United Nations High Commissioner for Refugees) under the auspices of the United Nations. There has been no concrete communication to touch the root of the problem of refugees and asylum seekers. Through an enthusiastic approach and communication with community-based management between ASEAN countries and Australia, it is hoped that it can resolve human rights issues related to supervision to empower refugees in society to become citizens of a third country, in this case, Australia.
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Subkhi, Syukron, and Harmiyati Harmiyati. "PERAN UNHCR (UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES) DALAM MENANGANI MASALAH PENGUNGSI SURIAH DI YUNANI (2014 – 2019)." Paradigma: Jurnal Masalah Sosial, Politik, dan Kebijakan 24, no. 1 (January 1, 2020): 523. http://dx.doi.org/10.31315/paradigma.v24i1.5027.
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The internal conflict in Syria took place since March 23, 2011. The anti-government period held a large demonstration in Daraa, Syria. This demonstration started the internal conflict between the Syrian Government and the opposition. The opposition group is a community movement demanding the resignation of Syrian President Bashar al-Assad. The role of the UNHCR (United Nations High Commissioner for Refugees) is needed to provide protection, and effective long-term solutions for Syrian refugees in Greece. Greece is the only gateway for Syrian refugees to enter European territory, after the Balkan countries and several other European countries shut down to accept refugees. Based on this background, this research found one problem formulation, namely how the role of UNHCR in dealing with Syrian refugees in Greece. In general, UNHCR has played a role in dealing with Syrian refugees in Greece, UNHCR carried out its role as; Instrument, by enforcing the 1951 UN Convention on refugees to member states; Arena, organizes various meetings and conferences to solve refugee problems; and Independent Actors namely meeting basic needs, clothing, food and shelter as well as refugee supervision. The role of UNHCR which can be seen to be very significant in overcoming the problem of Syrian refugees in Greece is as an independent actor which from the year of UNHCR's involvement directly in the field, provided an increase in the quality of life for Syrian refugees. While the UNHCR's obstacle was in upholding UNHCR member countries' compliance with the 1951 UN Convention.
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Sharpe, Marina. "The Supervision (or Not) of the 1969 OAU Refugee Convention." International Journal of Refugee Law 31, no. 2-3 (June 2019): 261–89. http://dx.doi.org/10.1093/ijrl/eez025.
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Abstract This article covers the supervision of the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa (1969 Convention). It begins by defining treaty supervision and describing key understandings of it in the international refugee law literature. These are then harnessed to create a model of supervision (the Supervisory Model) to frame the ensuing discussion. How the 1951 Convention relating to the Status of Refugees is supervised is presented within this Supervisory Model, by way of background. The article then moves on to its principal focus, beginning with an overview of the calls for, and claims regarding, supervision of the 1969 Convention. The need for supervision is then established based on two principal elements. First, the 1969 Convention’s incomplete implementation in States parties to the treaty, in both refugee status determination and in relation to rights guaranteed by the instrument. Secondly, existing bodies with quasi-supervisory or supervisory mandates – the African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights, and the United Nations High Commissioner for Refugees – are not effectively redressing such implementation deficiencies. With the need for supervision established, a new supervisory mechanism is proposed and the procedural options to create it are outlined.
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Buff, Rachel Ida. "Sanctuary Everywhere." Radical History Review 2019, no. 135 (October 1, 2019): 14–42. http://dx.doi.org/10.1215/01636545-7607809.
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Abstract This essay considers the historical roots of contemporary sanctuary practices. It traces these roots in the protocols adopted by the 1951 United Nations High Commissioner for Refugees Convention, tracing the contradictory implementation of these protocols in US policy and practice. It argues that the UNHCR Convention created a distinction between refugees and migrants that met challenges from sanctuary activists responding to the depredations of the US-backed “dirty wars” in Central America during the 1980s. The sanctuary movement contested this distinction, as did the subsequent evolution of immigration and refugee policy. In the current period, the erosion of this distinction by ascendant xenophobia also creates space for the emergence of new definitions and practices of the right to sanctuary and freedom of movement.
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Farzana, Kazi Fahmida, Siti Darwinda Mohamed Pero, and Muhammad Fuad Othman. "The Dream’s Door: Educational Marginalization of Rohingya Children in Malaysia." South Asian Journal of Business and Management Cases 9, no. 2 (February 20, 2020): 237–46. http://dx.doi.org/10.1177/2277977920905819.
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In Malaysia, refugees remain mostly invisible and face various challenges in terms of protection, healthcare and education. They are often preserved as ‘illegal immigrants’, therefore always at risk of arrest, detention, punishment and deportation. The worse sufferers of these are the children and youth, who are also considered to be illegitimate and deprived of rights including the right to education. This is a case study of a young Rohingya refugee man whose dedication and struggles, despite his problematic identity imposed by various authorities, continue to find a way out and serve fellow refugees through a community organization. However, the dream to have an education and flourish as a full-fledged human being remains a far cry for those marginalized, underprivileged Rohingya refugees and their children. Their experience in Malaysia is far from exceptional, of the sufferings that refugees are forced to bear in many countries in South and Southeast Asia. Nonetheless, this case aims to facilitate the basic understanding of displacement, the refugee situation, international law and particularly refugee children’s rights to education. It provides a deeper understanding of the root causes of Rohingya’s current ‘stateless’ situation in Malaysia, identifies the challenges faced by a refugee community organization, refugee children’s struggles and rights to education. It initiates thoughts to examine the government policies and look for alternative strategies that may benefit the refugee children as well as the national development in the long run. Dilemma: Are Rohingya in Malaysia ‘refugees’ or ‘economic migrants’? Should the children of Rohingya be given access to education? Should Malaysia sign the 1951 Refugee Convention? Theory: Statelessness theory Type of the Case: Experience-based applied single case study Protagonist: Present Options Malaysia can take the stand that being nonsignatory to the 1951 Refugee Convention and its 1967 protocol, it is not bound to come up with policies for refugees. By providing ‘temporary’ shelter to a significant number of refugees and asylum-seekers, Malaysia has done enough for the refugees. At the international level, Malaysia is considered to be sympathetic towards refugees. Refugee and asylum seekers’ presence has been exerting pressure on Malaysian culture and society. In contrast, refugee and migration issues are receiving attention from the government and civil society in Malaysia. Former government has tried to adopt some policies like providing short-term work permit for a small number of registered Rohingya refugees in certain plantations and manufacturing sectors on an experimental basis to avoid social and economic risks posed by unemployed refugees. Malaysia should sign the 1951 Refugee Convention and its 1967 protocol because it is a member of the United Nations (UN) and party to many other major international human rights documents such as Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (CAT) and Convention on the Rights of the Child (CRC) to name a few. Discussions and Case Questions What are the root causes of Rohingyas’ current statelessness situation and how should the Malaysian government tackle the issue? What are the challenges faced by Rohingya community organizations in integrating with the society? Should Malaysia look at improving the Rohingya children’s access to education or the community should take on the responsibility?
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Betts, Alexander. "Institutional Proliferation and the Global Refugee Regime." Perspectives on Politics 7, no. 1 (February 12, 2009): 53–58. http://dx.doi.org/10.1017/s1537592709090082.
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This article explores the impact of institutional proliferation on the politics of refugee protection. The refugee regime mainly comprises the 1951 Convention on the Status of Refugees and the Office of the United Nations High Commissioner for Refugees (UNHCR). Recently, however, new parallel and overlapping institutions have emerged in relation to two previously unregulated areas: internally displaced persons (IDPs) and international migration. This institutional proliferation has affected both state strategy and IO strategy in relation to refugee protection. It has enabled Northern states to engage in regime shifting. They have used the new institutions to prevent refugees reaching their territory, thereby avoiding incurring UN rules on refugee protection, and transferring burdens to Southern states. The resulting reduction in international cooperation in the refugee regime has contributed to UNHCR fundamentally redefining its strategy in order to become more relevant to Northern states. In particular, it has pursued states into the migration and IDP regimes into which they have shifted through a combination of stretching its mandate, engaging in the politics of the emerging regimes, and issue-linkage. The article's analysis draws attention to the potentially significant relationship between institutional proliferation and IO adaptation and change.
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Al-Arasi, Sarah Mahmoud, and Khalid Rbye Ayd Alhuayan. "THE STATUS OF REFUGEE RIGHTS IN LIGHT OF MEMORANDUM OF UNDERSTANDING AND MECHANISM OF IMPLEMENTATION." Humanities & Social Sciences Reviews 8, no. 4 (September 17, 2020): 1215–26. http://dx.doi.org/10.18510/hssr.2020.84115.
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Purpose: According to the importance of the refugee issue and refugee rights and since that Hashimte Kingdom of Jordan did not join the 1951 convention of refugees status and its 1967 protocol and managed to sign the memorandum of understanding instead with UNHCR, this study aimed to tackle the issue of refugees rights and duties between reality and implementation in Jordan.
Methodology: This study adopted the descriptive, analytical, and comparative methodology of international and regional conventions, in addition to the comparison between the Jordanian legislation and the Memorandum of Understanding on Refugees with the provisions of international law. Also, it utilized the empirical method by conducting a field study.
Main Findings: Results gained from the questionnaire concluded the refugees on Jordanian territory got rights more than what was stipulated on in the memorandum of understanding signed between the Jordan government and the United Nations high commissioner for refugees’ affairs (UNHCR). It also found out that the majority of refugees committed to their responsibilities in maintaining general security and order.
Implications/Applications: This study has addressed the implications of the memorandum of understanding signed between the Jordan government and the United Nations high commissioner for refugees' affairs (UNHCR) by its analysis and application on a random sample of 150 refugees in Jordan, including Syrians in the biggest refugee camp in Jordan; Al- Zaatari refugee camp, in addition to the implications of the memorandum on Iraqi and Yemeni refugees in Jordan.
Novelty/Originality of this study: This study was based on the memorandum of understanding between Jordan and (UNHCR) that was signed in the background of the refugee crisis that our countries witnessed. However, this study was the first to analyze the articles of the memorandum of understanding mentioned above and was backed up with a field study on a random sample of 150 Syrian refugees in Jordan refugees’ camps.
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Biermann, Frank, and Ingrid Boas. "Preparing for a Warmer World: Towards a Global Governance System to Protect Climate Refugees." Global Environmental Politics 10, no. 1 (February 2010): 60–88. http://dx.doi.org/10.1162/glep.2010.10.1.60.
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Climate change threatens to cause the largest refugee crisis in human history. Millions of people, largely in Africa and Asia, might be forced to leave their homes to seek refuge in other places or countries over the course of the century. Yet the current institutions, organizations, and funding mechanisms are not sufficiently equipped to deal with this looming crisis. The situation calls for new governance. We outline and discuss in this article a blueprint for a global governance architecture for the protection and voluntary resettlement of climate refugees—defined as people who have to leave their habitats because of sudden or gradual alterations in their natural environment related to one of three impacts of climate change: sea-level rise, extreme weather events, and drought and water scarcity. We provide an extensive review of current estimates of likely numbers and probable regions of origin of climate refugees. With a view to existing institutions, we argue against the extension of the definition of refugees under the 1951 Geneva Convention Relating to the Status of Refugees. Key elements of our proposal are, instead, a new legal instrument specifically tailored for the needs of climate refugees—a Protocol on Recognition, Protection, and Resettlement of Climate Refugees to the United Nations Framework Convention on Climate Change—as well as a separate funding mechanism.
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Eberechi, DR Oghenerioborue Esther. "A Comparative Analysis of the Application of the 1951 Refugee Convention to Victims of Sexual Violence in South Africa, Tanzania and Uganda." Potchefstroom Electronic Law Journal 23 (July 30, 2020): 1–55. http://dx.doi.org/10.17159/1727-3781/2020/v23i0a6225.
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This article seeks to ascertain whether refugees who are victims of sexual violence in contracting states enjoy access to courts per Article 16 of the United Nations (UN) Convention Relating to the Status of Refugees (1951 Refugee Convention). It does so by comparing the situation of urban refugees in South Africa with that of refugees in camps in Tanzania and settlements in Uganda, beginning with a description of what "accessing courts" entails in the respective domestic criminal justice systems and of what mechanisms are in place for addressing sexual offences. It further uses the qualitative analysis of documented prosecuted cases of sexual violence in South African, Tanzanian and Ugandan courts between 2013-2017, 2009-2016 and 2013-2017 respectively to establish if these countries prosecute cases of sexual violence suffered by their citizens and whether claims of such violations affecting refugees also enjoy the same treatment. The enquiry found that of 328 documented prosecuted cases of sexual offences in South Africa, victims who were citizens were a majority in number. In Tanzania there appeared to be few prosecuted cases of sexual violence against refugees, but given that limited documentation is available, it is difficult to assess the actual figures. In Uganda the 187 recorded prosecuted cases of sexual offences in the years of investigation all related to citizens, despite the introduction of a mobile court to refugee settlements. Overall, this paper recommends that the countries under review adopt measures to ensure the prompt prosecution of cases of sexual violence against refugees and thereby enable them to access courts and testify against their assailants.
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Khan, Fatima, Siphokazi Mbatani, and Charlotte Marais. "Trusting Democracy: The Law Can Work for Refugees, but what the System Needs Is an ‘Injection of Humanity’." Journal of Asian and African Studies 56, no. 1 (February 2021): 48–63. http://dx.doi.org/10.1177/0021909620946850.
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Newfound hope was seen in South Africa on 27 April 1994, when the country held its first democratic elections. In that spirit, South Africa acceded to the 1951 United Nations Refugee Convention and agreed to uphold its promise of protecting the most vulnerable. However, 25 years on, refugees have experienced increased exclusion and rights violations. The last 25 years have brought with them numerous struggles for refugee communities, including violence, institutionalised xenophobia and a lack of political will. How do we get back the momentum and spirit that paved the way for democracy in South Africa? While South Africa has robust legislative measures, a sense of humanity has been lost in their implementation. This article offers an overview of what it means to be a refugee in democratic South Africa, and it asks whether we can trust our democracy to protect the most vulnerable. By exploring the day-to-day obstacles that refugees encounter from the moment they arrive in South Africa, this article aims to highlight the systematic breakdown of the generous laws that are supposed to protect refugees. The law can work, but an ‘injection of humanity’ is needed in public and private life to ensure that the vision of democracy is upheld.
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TEIXEIRA, ANA CHRISTINA CELANO, ELIANA CRISTINA MOTTA DA SILVA, DANIELA LONGOBUCCO TEIXEIRA BALOG, and BIANCA SÁ. "Why is it so hard to belong? The difficulties of refugees in their integration processes within Brazilian society and labor market." Cadernos EBAPE.BR 19, no. 2 (June 2021): 265–77. http://dx.doi.org/10.1590/1679-395120200016.
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Abstract The world has recently witnessed a social phenomenon that has been present during the entire history of humanity, but has now taken on greater proportions and impact: the large population displacements of refugees. According to the United Nations, more than 75 million people were in this situation worldwide at the end of 2017, a figure never observed before (UNHCR, 2017). Since 1951, more than 147 countries, including Brazil, have signed the United Nations Refugee Convention, which established obligations for signatory governments to provide refugees with legal and safe working conditions. Considering this context, this study aims to investigate the perceptions of refugees of different origins regarding the processes and difficulties of integrating into Brazilian society and labor market. The processes deal with bureaucratic barriers, cultural differences, ethnic-racial issues, and language, among others. The study uses a qualitative approach consisting of eight interviews in the city of Rio de Janeiro with refugees of a variety of nationalities and both genders. The results show that these respondents perceive a gap between public policies and practices involving refugees in the workplace, and also discrimination by the population, employers, and authorities, describing a multicultural rather than an intercultural context. Despite these challenges, respondents say they intend to continue living and working in Brazil.
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Kristin, Debby, and Chloryne Trie Isana Dewi. "THE RIGHTS OF CHILDREN REFUGEE IN TRANSIT COUNTRY UNDER THE CRC, A CASE OF INDONESIA: AN INTENDED NEGLIGENCE?" Padjadjaran Journal of International Law 5, no. 1 (January 30, 2021): 114–36. http://dx.doi.org/10.23920/pjil.v5i1.349.
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AbstractCivil wars in Middle Eastern countries and several countries in Africa have resulted in an increased influx of refugees seeking refuge in Indonesia every year. Although Indonesia is not their final destination, they prefer to wait in a transit country rather than experience terror and persecution in their home country., As a non-signatory country to the 1951 Geneva Convention, for humanitarian reasons, Indonesia allows those people who already in the territory of Indonesia to temporary stay until they status are clear. 28% of the refugees registered with the United Nations High Commissioner for Refugees (UNHCR) in Indonesia are under 18 years of age. Being a refugee child in a transit country keeps them away from the threat of war crimes in their country, nonetheless it turns out that there are basic rights that cannot be fully fulfilled. The 1989 Convention on the Rights of the Child (CRC) regulates state obligation to fulfil the rights of the child in any situation without discrimination. Indonesia as a transit country and state party to the CRC facing dilemma in assisting the child refugees. This article will analyse whether Indonesia has responsibility for child refugee in its jurisdiction as regulated in the CRC. By research, Indonesia can be considered fail to conduct its obligation under CRC. Hence Indonesia can be held responsible for its negligence in complying its obligation under the CRC. Nonetheless, there are measures that can be taken by the Indonesian Government through cooperation with international communities as well as corporations to tackle the challenges in implementing the CRC particularly in regards to refugee children. Keywords: Basic Rights, Refugee Children, State Responsibility
AbstrakPerang sipil di negara Timur Tengah dan beberapa negara di Afrika menghasilkan gelombang pengungsi yang mencari perlindungan ke Indonesia meningkat setiap tahunnya. Mereka lebih memilih untuk menunggu di negara transit daripada harus merasakan teror dan persekusi di negara asalnya. Indonesia bukan negara peserta Konvensi Jenewa 1951, namun dengan alasan kemanusiaan menampung untuk sementara para pencari suaka sampai status mereka jelas berdasarkan penilaian UNHCR. Sebesar 28% dari pengungsi yang terdaftar di United Nations High Commissioner for Refugees (UNHCR) Indonesia berumur di bawah 18 tahun. Menjadi anak yang berada di negara transit memang menjauhkan mereka dari ancaman kejahatan perang di negaranya, namun ternyata tidak seluruh hak asasi mereka dapat dipenuhi di negara transit. Konvensi Hak Anak 1989 mengatur kewajiban negara untuk memenuhi hak asasi anak dalam situasi apapun tanpa diskriminasi. Indonesia sebagai negara transit dan juga a peratifikasi Konvensi Hak-hak Anak 1989 (KHA) menghadapi dilema dalam menghadapi anak-anak pencari suaka. Artikel ini akan menganalisa apakah Indonesia melakukan pelanggaran terhadap pemenuhan hak bagi para pengungsi anak sehingga dapat dikenai tanggung jawab negara. Indonesia dapat dikatakan gaal dalam memenuhi kewajibannya berdsarkan KHA sehingga dapat diminta pertanggungjawaban atas kelalalainya. Namun terdapat berbagai upaya yang dapat dilakukan oleh pemerintah Indonesia dengan bekerjasama dengan berbagai Lembaga internasional maupun nasional serta perusahaan untuk mengatasi permasalahan dalam penerapan KHA terutama terkait hak pengungsi anak.
Kata Kunci: Hak-Hak Dasar, Pengungsi Anak, Tanggung Jawab Negara
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Ineli-Ciger, Meltem. "Protection Gaps and Temporary Protection." Max Planck Yearbook of United Nations Law Online 20, no. 1 (August 29, 2017): 408–35. http://dx.doi.org/10.1163/13894633_02001013.
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The Convention relating to the Status of Refugees (the 1951 Convention) does not address all the challenging questions posed by contemporary forced migration. The 1951 Convention does not deal with persons fleeing armed conflict, admission and large-scale movement of forced migrants in a clear and comprehensive manner. In addition to this, restrictive interpretation of the refugee definition provided in Art. 1 A (2) of the 1951 Convention by State authorities, popularity of non-entrée policies and the absence of solidarity in response to large-scale forced migration movements create protection gaps. A number of initiatives have been adopted at the national, regional and international level to remedy these gaps and one of them is temporary protection. This article focuses on protection gaps and temporary protection. The first part of the article explores the extent to which the 1951 Convention deals with persons fleeing armed conflict, admission and mass-influx situations, and it seeks to clarify the reason why there are protection gaps concerning these issues. Building on this analysis, the second part of the article defines temporary protection by reviewing temporary protection policies in Turkey, the United States and the European Union and it explores to what extent temporary protection regimes can remedy protection gaps and provide effective protection to forced migrants.
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Progin-Theuerkauf, Sarah. "Commissaire Général Aux Réfugiés et Aux Apatrides v. Mostafa Lounani (C.J.E.U.)." International Legal Materials 57, no. 6 (December 2018): 1080–96. http://dx.doi.org/10.1017/ilm.2018.47.
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On January 31, 2017, the Grand Chamber of the Court of Justice of the European Union rendered its judgment in the case Commissaire général aux réfugiés et aux apatrides v. Mostafa Lounani. In the judgment, the Court had to interpret the exclusion grounds of the EU Qualification Directive of 2004 that in its Article 12(2) has literally duplicated Article 1F of the 1951 Geneva Convention Relating to the Status of Refugees. It had to answer the question of whether an applicant for international protection can be excluded from being a refugee even though it is not established that he himself committed, attempted to commit, or threatened to commit a terrorist act as defined by the resolutions of the United Nations Security Council, but has “just” been convicted of participation in the activities of a terrorist group.
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Charles, Lorraine. "Refugees but not Refugees: The UAE’s Response to the Syrian Refugee Crisis Viewed through the Lived Experience of Syrians in Abu Dhabi." Journal of Refugee Studies 34, no. 2 (June 1, 2021): 1423–40. http://dx.doi.org/10.1093/jrs/feab014.
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Abstract The UAE is not a signatory to the the United Nations 1951 Refugee Convention and its 1967 Protocol. As such, it does not recognize individuals fleeing war or persecution as refugees. Instead, the UAE has allowed for the presence of Syrians and other vulnerable populations within its existing migration framework, the kafala system, using the temporary visas offered under this labour migration system as ‘an asylum policy by proxy’ or ‘quasi-asylum policy’. Despite this restrictive local response, the UAE is extremely generous internationally. The contradictory nature of the UAE’s response will be highlighted, where on one hand, it restricts admissions, yet on the other, it has been generous in terms of international aid to the Syrian crisis—the UAE’s version of the grand compromise. This research ultimately aims to understand how the UAE’s policy of ‘migrants’ (referring to temporary labour admissions), not ‘refugees’, and its ‘quasi-asylum policy’ has impacted the lived experience of a group of vulnerable Syrian families in Abu Dhabi.
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Frelick, Bill. "What’s Wrong with Temporary Protected Status and How to Fix It: Exploring a Complementary Protection Regime." Journal on Migration and Human Security 8, no. 1 (February 26, 2020): 42–53. http://dx.doi.org/10.1177/2331502419901266.
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Executive Summary Temporary Protected Status (TPS) became part of the US protection regime in 1990 to expand protection beyond what had been available under the US Refugee Act of 1980, which had limited asylum to those who met the refugee definition from the United Nations’ 1951 Refugee Convention. The TPS statute authorized the attorney general to designate foreign countries for TPS based on armed conflict, environmental disasters, and other extraordinary and temporary conditions that prevent designated nationals from returning in safety. While providing blanket protection that very likely has saved lives, TPS has nonetheless proven to be a blunt instrument that has frustrated advocates on both sides of the larger immigration debate. This article evaluates the purpose and effectiveness of the TPS statute and identifies inadequacies in the TPS regime and related protection gaps in the US asylum system. It argues that TPS has not proven to be an effective mechanism for the United States to protect foreigners from generalized conditions of danger in their home countries. It calls for changing the US protection regime to make it more responsive to the risks many asylum seekers actually face by creating a broader “complementary protection” standard and a more effective procedure for assessing individual protection claims, while reserving “temporary protection” for rare situations of mass influx that overwhelm the government’s capacity to process individual asylum claims. The article looks at alternative models for complementary protection from other jurisdictions, and shows how the US asylum and TPS system (in contrast to most other jurisdictions) fails to provide a mechanism for protecting arriving asylum seekers who do not qualify as refugees but who nevertheless would be at real risk of serious harm based on cruel, inhuman, or degrading treatment or punishment or because of situations of violence or other exceptional circumstances, including natural or human-made disasters or other serious events that disturb public order, that would threaten their lives or personal security. The article proposes that the United States adopt an individualized complementary protection standard for arriving asylum seekers who are not able to meet the 1951 Refugee Convention standard but who would face a serious threat to life or physical integrity if returned because of a real risk of (1) cruel, inhuman, or degrading treatment or punishment; (2) violence; or (3) exceptional situations, for which there is no adequate domestic remedy.
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McKeever, David. "EVOLVING INTERPRETATION OF MULTILATERAL TREATIES: ’ACTS CONTRARY TO THE PURPOSES AND PRINCIPLES OF THE UNITED NATIONS’ IN THE REFUGEE CONVENTION." International and Comparative Law Quarterly 64, no. 2 (March 31, 2015): 405–44. http://dx.doi.org/10.1017/s0020589315000032.
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AbstractThe 1951 Refugee Convention does not apply to a person with respect to whom there are serious reasons for considering that ‘he has been guilty of acts contrary to the purposes and principles of the United Nations’ (Article 1(F)(c)). To date, this exclusion clause has generally been interpreted by courts, commentators and UNHCR in a static manner which fails to take into account developments in international law and practice. This paper considers the ‘evolutive approach’ to treaty interpretation, generally, and applies this approach, alongside standard rules of treaty interpretation, to Article 1(F)(c). This paper challenges a number of assertions commonly made regarding this clause, and concludes that it should be interpreted to the effect that conduct amounting to serious or sustained human rights violations, such that would constitute ‘persecution’ for the purposes of Article 1(A)(2) of the Convention, meets the standard for exclusion under Article 1(F)(c).
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Osóbka, Przemysław. "Climate Change and the Convention Relating to the Status of Refugees of 28 July 1951." Polish Review of International and European Law 10, no. 1 (April 21, 2021): 103–20. http://dx.doi.org/10.21697/priel.2021.10.1.04.
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The article deals with The United Nations Convention relating to the Status of Refugees, Geneva, 28.7.1951 in the context of climate change consequences. Refuge is strictly defined category in the acts of international law. It does not include environmental and climatic reasons to leave one’s country of origin. However, in 1990, the Intergovernmental Panel on Climate Change (IPCC) drew attention to the fact that human migration could be one of the greatest effects of climate change. The author also analyzes the meaning of the provisions of Article 3 and Article 8 ECHR in the discussed area. The article tries to give an answer to the question whether and why it is necessary to apply the Geneva Convention to climate change refugees if they can be protected under core human rights treaties. It is of greatest interest to the extent where if refers to the climate change refugees situation in New Zeeland and Australia. These states seem to be pioneers in giving refugees protection due to climate change consequences. Probably adaptation of the 1951 Convention to the challenges facing the international community in connection with climate change will in itself become an expression of its responsibility for the consequences of these changes and their impact on individuals and entire communities.
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Özbek, Nimet. "Refugees as scapegoat for terrorism." Journal of Human Sciences 15, no. 4 (October 26, 2018): 1968. http://dx.doi.org/10.14687/jhs.v15i4.5531.
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In the last five years, there has been a growing concern about the fact that there might be some terrorist mix in the surge of refugees fleeing war-torn Muslim-majority countries. The concern resulted in people rethinking about refugees are granted asylums. Some Europeans call for their governments to quit bringing to their countries any more refugees at all. This however goes against what these countries agreed and signed in the 1951 Convention and the 1967 United Nations Protocol concerning the status of refugees. In this article, it will be examined if it is true that migrants bring terrorists with them, how this proposition itself came to be, and whether or not there are rock solid data to support it. As it will be discovered in the following paragraphs, there is no direct correlation between refugees and terrorist activities that take place in different places which happen to be hosting refugees. Instead, the idea security threat in refugee host countries and migrants they accommodate roots from attitude the people in those countries have towards migrants, demographic differences as well as real world issues. The solution to this misconception requires both refugees and receiving nations to collaborate; such as the refugees helping authorities to identify any terrorist recruiter who may be lurking among them and on the other hand the authorities should devise a seamless system of border control in order to know who enters their countries and who leaves. They can also engage in activities helping the public to distinguish between terrorists and migrants by raising awareness.
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Bastari, Gema Ramadhan. "Kemerosotan Norma Keamanan Manusia dalam Kebijakan Imigrasi Australia Setelah Tahun 1992." Jurnal Hubungan Internasional 11, no. 1 (November 1, 2018): 53. http://dx.doi.org/10.20473/jhi.v11i1.6022.
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This paper will discuss about the degeneration of human security as a norm that dictates Australia’s immigration policy. As one of the originator of 1951 United Nations Convention Relating to the Status of Refugees, Australia should comply to the idea that refugee must be protected at all costs, even if they went through irregular channel of migration. However, the tightening of Australia’s immigration since 1992 puts this compliance under serious question. The fact that every irregular immigrants entering Australia has to be either detained in an offshore detention center for indefinite amount of time or getting turned back by naval ship means that Australia can no longer tolerate irregular immigration. While this act can probably be justified if those immigrants are part of people smuggling scheme, the same cannot be said if those immigrants were a genuine refugee. In that regard, this paper argues that the norm of human security in Australia has been degenerating and got replaced by the norm of state security. This argument will be proven by using the theory of norm diffusion. However, since the theory cannot explain why certain international norms disappear, this paper will complement it by using the theory of norm degeneration. This paper concludes that globalization and the rise of international terrorism is the biggest factor for the degeneration of human security norm in Australia.
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Papanicolopulu, Irini. "Hirsi Jamaa v. Italy. Application No. 27765/09." American Journal of International Law 107, no. 2 (April 2013): 417–23. http://dx.doi.org/10.5305/amerjintelaw.107.2.0417.
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In a unanimous judgment in the case Hirsi Jamaa v. Italy, the Grand Chamber of the European Court of Human Rights (Court) held that Italy’s “push back” operations interdicting intending migrants and refugees at sea and returning them to Libya amounted to a violation of the prohibition of torture and other inhuman or degrading treatment under Article 3 of the European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR or Convention), the prohibition of collective expulsions under Article 4 of Protocol 4 to the Convention, and the right to an effective remedy under Article 13 of the Convention. Hirsi Jamaa is the Court’s first judgment on the interception of migrants at sea and it addresses issues concerning the 1982 United Nations Convention on the Law of the Sea and the 1979 International Convention on Maritime Search and Rescue, as well as the 1951 Convention Relating to the Status of Refugees.
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Mohammadi, Sina. "Latino and Central American Asylum Seekers in the United States of America During the Trump Administration." Cuestiones Políticas 38, Especial (October 25, 2020): 406–20. http://dx.doi.org/10.46398/cuestpol.38e.27.
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The purpose of the article was to examine the Trump administration's asylum policy applied to Central American and Latino applicants. The United States has grappled with refugee problems in recent decades, and in 2018 Trump signed an executive order to detain families seeking to immigrate to the United States without separating from one another. With this decree, a new approach was formed in the policy of the United States government, which emphasizes the severe restrictions on the entry of asylum seekers and immigrants. In the methodological, it is a documentary research close to hermeneutics. It is concluded that, although the United States government has cited security concerns as an excuse to restrict the entry of asylum seekers, especially Latinos from Central American countries, this political approach is in conflict with the national legislation of the United States that stipulates that any citizen Foreigner arriving at any point along the US border, or at official exit points, has the right to apply for asylum. Furthermore, the implementation of such a policy is contrary to the end of the 1951 Convention, which focuses on the protection of refugees without distinction.
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Sutiarnoto, Sutiarnoto, Jelly Leviza, and Saiful Azam. "ROHINGA STATELESS PERSONS: ROLE OF UNHCR IN REFUGEE PROTECTION AND LACK OF ADEQUATE LEGAL PROTECTION IN INDONESIA." Yustisia Jurnal Hukum 9, no. 2 (August 31, 2020): 287. http://dx.doi.org/10.20961/yustisia.v9i2.43196.
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<table width="583" border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="371"><p><em>This article aimed to study about h</em><em>ow</em><em> </em><em>role of UNHCR in refugee protection</em><em> and </em><em> the legal protection for Rohingya refugees in Medan municipality</em><em>. </em><em>According to data from the United Nations High Commissioner for Refugees (hereinafter abbreviated to UNHCR) </em><em>since</em><em> January 2012, there were 3275 asylum seekers and 1052 refugees</em><em>. </em><em>Most refugees come to Indonesia with the hope of being permanently resettled elsewhere, often in America or Australia, but increasingly stringent immigration policies, massive underfunding and a lack of resources to sustain the influx of newcomers have left them stuck here.</em><em> </em><em>This research uses a sosio-legal research with statute approach, conceptual approach, and case approach. </em><em>There are several provisions regarding refugees, but none have specifically discussed the handling of refugees in Indonesia. The positive law of immigration in Indonesia does not contain any special provisions (lex specialis) for asylum seekers and refugees. Because Indonesia has not ratified the 1951 Convention and 1967 Protocol, the Indonesian government does not have the authority to deal with refugee problems. The authority to handle refugees is given to international organizations such as UNHCR which is a UN organization, IOM, ICRC and various other organizations or NGOs engaged in the humanitarian sector. However, the handling of this international organization has not been implemented optimally due to obstacles</em><em></em></p></td></tr></tbody></table>
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Summerfield, Derek. "Commentary." Advances in Psychiatric Treatment 8, no. 4 (July 2002): 247–48. http://dx.doi.org/10.1192/apt.8.4.247.
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What prior assumptions might a psychiatrist bring into the room when the patient is an asylum-seeker? First, as a member of the public he or she is likely to have a view on asylum-seeking as a sociological phenomenon – up to 5 million have sought asylum in Western Europe in the past decade – and on how ‘deserving’ the average case is. After all, two adversarially opposed constructions of asylum-seeking have predominated. Governments, and the conservative social sectors, have stressed the prevalence of ‘bogus' applications by people who are essentially economic migrants, portraying them as wily, determined and tough rather than as having suffered. On the other side are the agencies and interests who support asylum-seekers, and the liberal and radical social sectors. They portray asylum-seekers as people who had no choice but to run from their countries, innocent of any thought but to escape further persecution and the risk of death. This portrayal invokes the image of suffering and vulnerability rather than resilience and agency. The reality is the muddied, uneven terrain that lies between these two entrenched positions. Many asylum-seekers do not have stories that easily fit the definition of a political refugee in the 1951 United Nations Convention. Even those with the clearest-cut cases – such as those with a credible history of torture – usually cannot prove it; few are vulnerable in any medically attestable sense and, however much they have suffered, they continue to make choices and actively engage with their situations. All asylum-seekers are looking for a better life for themselves and their children.
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Adjolohoun, Horace S. "African Commission on Human and Peoples’ Rights Resolution 234 on the Right to Nationality." International Legal Materials 53, no. 2 (April 2014): 413–17. http://dx.doi.org/10.5305/intelegamate.53.2.0413.
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The right to a nationality is well established in international human rights law. In 1954 and 1961, the United Nations adopted the Convention Relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness, respectively. Inspired by Article 15 of the Universal Declaration of Human Rights, the two Conventions provide for a right to nationality and prohibit deprivation or denial of nationality. In 2012, the United Nations Office of the High Commissioner for Refugees (UNHCR) drafted four guidelines on statelessness that expand on provisions of the 1954 and 1961 UN Conventions. They contain guidance sections directed specifically at governments, civil society organizations, legal practitioners, decision-makers and the judiciary as well as UNHCR and other UN agency staff involved in addressing statelessness.
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DUNSTAN, R. "United Kingdom: Breaches of Artice 31 of the 1951 Refugee Convention." International Journal of Refugee Law 10, no. 1-2 (January 1, 1998): 205–13. http://dx.doi.org/10.1093/ijrl/10.1-2.205.
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Dunstan, R. "United Kingdom: breaches of Article 31 of the 1951 Refugee Convention." International Journal of Refugee Law 10, no. 1 (January 1, 1998): 205–13. http://dx.doi.org/10.1093/ijrl/10.1.205.
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McInnis, Leila. "Refugee Agencies: A Role for Anthropology." Practicing Anthropology 34, no. 4 (September 1, 2012): 29–33. http://dx.doi.org/10.17730/praa.34.4.166048831q17033t.
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This discussion reports my study of a refugee agency, Catholic Charities of Tennessee Refugee Services, which took place during the summer of 2010. My goal was to determine what role an anthropologist could play, if any, in such an organization. A refugee is defined by the United Nations as "a person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country" (United Nations 1951). The Catholic Charities Refugee Services was developed to aid these displaced persons in finding new homes within the United States during the 1970s in response to the influx of refugees from Southeast Asia.
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Cunliffe, Alex. "The Refugee Crises: A Study of the United Nations High Commission for Refugees." Political Studies 43, no. 2 (June 1995): 278–90. http://dx.doi.org/10.1111/j.1467-9248.1995.tb01712.x.
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Recent events in international relations have raised the prospect of the United Nations organization attempting to provide a much more positive role in world affairs. This is also true for the constituent parts of the United Nations, in particular the United Nations High Commission for Refugees whose responsibilities have grown in recent years as the world's refugee population has multiplied and changed in character. The paper analyses the general development of the UNHCR from its establishment in 1951 and assesses its contemporary role as an actor in a post-Cold War environment. The claims of both critics and supporters of the UNHCR are considered on the light of the contemporary, political and financial pressures facing the organization. The paper also considers the character of UNHCR policy and durable solutions to the problem of a rising refugee population. The general analysis is illustrated by the changing role of the UNHCR in dealing with the arrival of the Vietnamese Boat People into Hong Kong from 1979.
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Hocké, Jean-Pierre. "Protection by Action." International Review of the Red Cross 28, no. 265 (August 1988): 325–27. http://dx.doi.org/10.1017/s0020860400074106.
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The Office of the United Nations High Commissioner for Refugees (UNHCR) was set up in 1951 with the main function of providing protection for refugees. This mandate corresponded to the task immediately confronting it, that of solving the refugee problem affecting Europe in the aftermath of the Second World War.
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Lawrence, Jeanette A., Agnes E. Dodds, Ida Kaplan, and Maria M. Tucci. "The Rights of Refugee Children and the UN Convention on the Rights of the Child." Laws 8, no. 3 (August 31, 2019): 20. http://dx.doi.org/10.3390/laws8030020.
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Refugee children are identified as rights-bearers by the United Nations Convention on the Rights of the Child (CRC), but their rights are not uniformly honored in the policies and practices of contemporary states. How the CRC’s safeguards for refugee children’s rights are honored depends partly on what it means to be ‘a refugee child’ and partly on how the claims of refugee children’s rights are recognized, respected, and implemented in international and national legal and bureaucratic systems. We examine the CRC’s affirmation of the rights of the child and analyze the CRC’s articles in relation to the rights related to the life circumstances of refugee children and state responsibilities. Following an analysis of resistance to the CRC’s mandates by contemporary states, we relate refugee children’s rights to their refugee and developmental experiences and argue for repositioning refugee children into the center of protection dialogue and practice, internationally and nationally.
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Sivakumaran, S. "Exclusion from Refugee Status: The Purposes and Principles of the United Nations and Article 1F(c) of the Refugee Convention." International Journal of Refugee Law 26, no. 3 (August 21, 2014): 350–81. http://dx.doi.org/10.1093/ijrl/eeu031.
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Crépeau, François, and Leanne Holland. "Temporary Protection, Continuing Insecurity: A Regime Replacing Convention Protection of Refugees in Violation of International Law." Canadian journal of law and society 12, no. 1 (1997): 239–61. http://dx.doi.org/10.1017/s0829320100005263.
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AbstractThe system of temporary protection set out in accordance with the conclusions of the Executive Committee of the United Nations High Commissioner for Refugees (Excom) offers the necessary guarantees for the protection of the refugee under such a system. However, regimes of temporary protection recently established in a number of states (for example Germany and the United States) do not respect the conclusions of Excom nor theConvention Relating to the Status of Refugees of 1951and are based on the objective of controlling migratory flows.
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Stagl, Jakob Fortunat. "A flight to Rome: Ernst Rabel's intellectual itinerary." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 79, no. 3-4 (2011): 533–52. http://dx.doi.org/10.1163/157181911x596420.
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AbstractHow can one explain that Ernst Rabel (1874–1951), born in Vienna, with Jewish roots, became the architect of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and one of the foremost authorities ever on Private International Law? Was this a mere coincidence or was his method of looking for similarities in the law of di erent nations rather than looking for its disparities the product of an universalism rooted in the example of the Roman Empire and its law and the experience of the multiethnic Empire of the Hapsburgs?
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Pulla, Venkat Rao, and Kanchan Prasad Kharel. "The Carpets and Karma: the resilient story of the Tibetan people in two settlements in India and Nepal." Space and Culture, India 1, no. 3 (March 1, 2014): 27. http://dx.doi.org/10.20896/saci.v1i3.33.
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This paper is about the Tibetan people in two settlements, mainly in Nepal and India. Tibetan ref-ugees started crossing the Himalayan range in April 1959, in the wake of the Dalai Lama’s flight into exile and landed mostly in Nepal and India. Tibetans around the world do not know their fu-ture nor do they appear unduly worried. Most of them appear resilient and hopeful to see a ‘free Tibet’ a dream closer to their hearts, someday in the future. In this paper, we delve at their deep association between their philosophy of life based on the principles of ‘karma’ and their everyday economic avocation of weaving ‘carpets’. We find that these people weave their lives around kar-ma and the carpets. Karma embodies their philosophical and spiritual outlook while carpets, mats and paintings symbolise their day-to-day struggles, enterprises to cope, survive, thrive and flour-ish. The ‘karma carpet’ symbolises their journey into the future. The Tibetans although a refugee group do not have the same rights and privileges comparable to other refugees living in the world decreed under the United Nations Conventions. In this paper, we present the socio-economic situ-ation of these refugees, their enterprise and their work ethic that makes them who they are in the Nepalese and in Indian societies. For this research, we have triangulated both desk studies and personal narratives from focus groups and interviews to present a discussion centred on the Ti-betan struggle for human rights and their entrepreneurship through the carpet industry mainly in Nepal and India.
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Khamala, Charles A. "‘When Rescuers become Refoulers: Closing Kenya’s Refugee Camps amid Terrorism Threats’ and leaving vulnerable groups out in the cold." Africa Nazarene University Law Journal 8, no. 1 (2020): 1–29. http://dx.doi.org/10.47348/anulj/v8/i1a1.
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Kenya’s counter-terrorism measures, following entry into Somalia, relocated refugees to designated camps. However, by violating a refugee’s freedom of movement, mass relocation contravenes the African Charter on Human and Peoples’ Rights (ACHPR). Regional jurisprudence informed the Kenyan High Court’s Kituo cha Sheria v Attorney General decision holding that mass refugee relocation is indeed refoulement. It necessarily discriminates, punishes disproportionately, and may amount to a ‘failure to protect’ refugees against torture, a crime against humanity. However, the United Nations Convention Relating to the Status of Refugees (Refugees Convention) merely prohibits hosts from returning escapees to countries where they are targeted for persecution. Conversely, refugees who are either reasonably regarded as threatening national security or reasonably suspected of serious crimes are deemed to ‘waive’ their non-refoulement right. Nonetheless, the court’s legal moralism insisted that states should prove ‘waiver’ and never torture refugees. Invoking an ‘individual criminality’ principle required proof of a refugee’s dangerousness. Suspects can furthermore not be condemned unheard. Therefore, establishing whether ‘mass waiver’ is possible, is problematic. Are blanket relocation directives justifiable simply because proving ‘reasonable belief’ of refugees committing terror acts or serious crimes are difficult? Although Samow Mumin Mohamed v Cabinet Secretary, Ministry of Interior Security and Co-Ordination condoned mass refugee relocation Refugee Consortium of Kenya v Attorney did not. Curiously, to clarify the ambiguity Kenya National Commission on Human Rights v Attorney Genera elevated the required standard of proof for ‘waiver’ under the Refugees Convention to one of ‘beyond reasonable doubt.’ Previously, in Coalition for Reform and Democracy (CORD) v Republic of Kenya legislative caps on refugee numbers were rejected. Subsequently, a new Refugee Bill (2019) proposes to legalise confining refugees to designated camps. This article applies common-law principles of the duty on rescuers to evaluate whether mass refugee relocation refoules.
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Naumik, A. T. "International Law and Detention of US Asylum Seekers: Contrasting Matter of D-J- with the United Nations Refugee Convention." International Journal of Refugee Law 19, no. 4 (October 17, 2007): 661–702. http://dx.doi.org/10.1093/ijrl/eem070.
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Laser-Maira, Julie Anne, and Elsa Campos. "Working Towards a Culturally Competent Practice with Mexican Immigrants." International Journal of Social Work 5, no. 1 (March 8, 2018): 37. http://dx.doi.org/10.5296/ijsw.v5i1.12572.
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In this politically charged times, the plight of Mexican immigrants have been incorrectly characterized and ridiculed. We believe clinicians need to better understand who they are and how to become culturally competent to work effectively with Mexican immigrants. The United Nations High Commissioner for Refugees (1951) defines a political refugee as “a person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country…” In contrast, an economic refugee is a person seeking refugee status in another country for economic reasons. With political refugee status comes both legal and financial support by the U.S. government. However, an economic refugee is not afforded such opportunities. In the United States, there are 660,477 political refugees (Dovidio & Esses, 2001), additionally, it is estimated that there are five to eight million economic refugees who are without legal documents (Yakushko & Chronister, 2005). It is believed that of this five to eight million economic refugees, 95% are from Mexico (Yakushko & Chronister). This translates to 4,750,000 to 7,600,000 Mexican economic refugees. Though U.S. legislation has tried to control the number of economic refugees entering the country and expel economic refugees already living within its borders, the reality is that great majority of the 4,750,000 to 7,600,000 individuals are gainfully employed and will probably stay in the United States until they have earned sufficient money to be able to return to Mexico and survive economic deprivation. With such staggering numbers of economic refugees seeking the opportunity to make a living within the United States, it is becoming increasingly important to address the mental health needs of such individuals. Although federal policy often dictates the exclusion of funding opportunities for services to economic refugees, the reality is that there is an ethical responsibility to provide services to all individuals despite legal status or country of origin.
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Warner, Koko. "Human Migration and Displacement in the Context of Adaptation to Climate Change: The Cancun Adaptation Framework and Potential for Future Action." Environment and Planning C: Government and Policy 30, no. 6 (January 1, 2012): 1061–77. http://dx.doi.org/10.1068/c1209j.
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The first-time-ever agreed-upon text on migration, displacement, and planned relocation in the United Nations Framework Convention on Climate Change (UNFCCC) climate negotiations process was informed by recent empirical research, and will shape how human mobility is dealt with under adaptation. Migration, displacement, and planned relocation feature in the text of the Cancun Adaptation Framework as technical cooperation issues which highlight activities that help to guide adaptation funding. Human mobility in the UNFCCC context is distinct from other policy fora—like international protocols and expanding mandates of existing frameworks such as the 1951 Geneva Convention. Operationally oriented solutions and discussions are moving forward in a UNFCCC process through the Cancun Adaptation Framework [paragraph 14(f)], the Climate Finance and the Adaptation Committee, and the Subsidiary Body on Implementation's Work Program on Loss and Damage. These and other policy processes catalyze nationally and regionally driven work on the topics of migration, displacement, and planned relocation in the context of climate change.
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COHEN, CYNTHIA PRICE. "The United Nations Convention on the Rights of the Child: Implications for Change in the Care and Protection of Refugee Children." International Journal of Refugee Law 3, no. 4 (1991): 675–91. http://dx.doi.org/10.1093/ijrl/3.4.675.
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WEINSTEIN, HARVEY M., and ERIC STOVER. "Asylum Evaluations—The Physician's Dilemma." Cambridge Quarterly of Healthcare Ethics 11, no. 3 (May 17, 2002): 303–4. http://dx.doi.org/10.1017/s0963180102210129.
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In the following paper, Annemiek Richters of the University of Leiden in the Netherlands addresses the dilemmas faced by health professionals who are asked to evaluate and provide supporting documentation for those refugees who seek political asylum in the countries of Europe. It is in the politically charged arena of asylum applications, government regulations, and public policy where bioethics, human rights, and health converge. Despite the 1951 Convention on Refugees, a treaty signed by nations around the world to safeguard the rights of those who are displaced, and other treaties that protect the rights of vulnerable populations, refugee and asylum policies have become increasingly strict in an effort to deter those who would seek safety. This tightening of borders in the countries of the West challenges physicians who find themselves caught between obligations to treat, to advocate, and to challenge policies that make treatment a potentially dangerous proposition. Unfortunately, the World Trade Center attacks have exacerbated the problem by labeling asylees and refugees as potential terrorists and subject to deportation.
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Missbach, Antje, and Gunnar Stange. "Muslim Solidarity and the Lack of Effective Protection for Rohingya Refugees in Southeast Asia." Social Sciences 10, no. 5 (May 8, 2021): 166. http://dx.doi.org/10.3390/socsci10050166.
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Southeast Asia has the weakest normative frameworks for refugee protection of any region in the world apart from the Middle East. Only two out of ten member states of the Association of Southeast Asian Nations (ASEAN) have signed the 1951 International Refugee Convention. Nevertheless, the 2012 ASEAN Human Rights Declaration explicitly mentions the right to seek and receive asylum ‘in accordance with the laws of such State and applicable international agreements’ (ASEAN 2012). One of the litmus tests for this right has been the regional treatment of the Rohingya, a Muslim minority from Myanmar that faces forced displacement, discrimination, and large-scale state violence. Based on media content analysis and a scientific literature review, this paper sheds light on how ASEAN’s most prominent Muslim member countries, Indonesia and Malaysia, advocate on behalf of the forcibly displaced Rohingya. In particular, this paper focuses on competing forms of political interventions and shifting notions of Muslim solidarity. While Indonesia and Malaysia have been very vocal in bilateral, regional, and international forums to criticise the Myanmar government for their violation of basic human rights, both countries remain highly reluctant to offer sanctuary to Rohingya refugees, of which several thousand have attempted to reach Indonesia and Malaysia. This research finds that the notion of Muslim solidarity remains a symbolic rhetoric primarily directed at domestic audiences and the failure to render effective protection to refugees has rather increased over the last five years.
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O’Sullivan, Charles, and Delia Ferri. "The Recast Reception Conditions Directive and the Rights of Asylum Seekers with Disabilities: Opportunities, Challenges and the Quest for Reform." European Journal of Migration and Law 22, no. 2 (June 19, 2020): 272–307. http://dx.doi.org/10.1163/15718166-12340077.
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Abstract In recent years, the European Union (EU) has, like much of the developed world, experienced a sustained period of inward migration from refugee-producing States in Africa and the Middle-East. This ‘refugee crisis’ has placed a strain not only on the political will of the EU institutions and Member States to find a satisfactory resolution to deal with the flow of migrants, but also on their ability to put in place fair processes for any resulting claims for asylum and to adequately support the needs of asylum seekers while those claims are being processed. This article discusses the latter issue from a discreet angle, focusing on how the EU has addressed the needs of asylum seekers with disabilities. As a party to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which enjoys sub-constitutional status within the EU legal order, the EU is obligated to interpret all legislation in light of the Convention. Thus, this article seeks to assess the degree to which Directive 2013/33/EU on the material reception conditions for asylum seekers can protect and promote the rights of asylum seekers with disabilities and fulfill the ‘human rights model of disability’ embedded within the CRPD. It also assesses the most recent proposal to replace the Directive, and examines whether the potential shortcomings within it have been addressed thus far. Ultimately, it finds that the ambiguities and lack of procedural certainty within the current Directive provide too much room to derogate from the standards arguably mandated by the Convention, and these have yet to be addressed within the new Proposal.
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Vaghri, Ziba, Zoë Tessier, and Christian Whalen. "Refugee and Asylum-Seeking Children: Interrupted Child Development and Unfulfilled Child Rights." Children 6, no. 11 (October 30, 2019): 120. http://dx.doi.org/10.3390/children6110120.
Full textAbstract:
The 21st century phenomenon of “global displacement” is particularly concerning when it comes to children. Childhood is a critical period of accelerated growth and development. These processes can be negatively affected by the many stressors to which refugee and asylum-seeking children are subjected. The United Nations Convention on the Rights of the Child (CRC) is the most ratified human rights treaty in history, with 196 States Parties (SPs). The CRC provides a framework of 54 articles outlining government responsibilities to ensure the protection, promotion, and fulfillment of rights of all children within their jurisdictions. Among these are the rights of refugee and asylum-seeking children, declared under Article 22 of the CRC. Refugee and asylum-seeking children, similarly to all other children, are entitled to their rights under the CRC and do not forgo any right by virtue of moving between borders. The hosting governments, as SPs to the CRC, are the primary duty bearers to fulfill these rights for the children entering their country. This manuscript provides an overview of the health and developmental ramification of being displaced for refugee and asylum-seeking children. Then, an in-depth analysis of the provisions under Article 22 is presented and the responsibilities of SPs under this article are described. The paper provides some international examples of strengths and shortcomings relating to these responsibilities and closes with a few concluding remarks and recommendations.