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1
Bydoon, Maysa Said. "The Challenges of Refugees Protection". Journal of Arts and Humanities 6, n. 6 (15 giugno 2017): 35. http://dx.doi.org/10.18533/journal.v6i6.1206.
Testo completoAbstract (sommario):
<p>The current crises and civil war in many countries, increasingly challenge the rapid growth of influx of refugees. More recently, as a matter of fact, the asylum issue is one of the most important issues in the international community that shed lights on a violation of refugees’ rights and most importantly a safe area to live in. The article examines the refugee protection in light of the Convention relating to the Status of Refugees 1951 and Protocol relating to the Status of Refugees. It is true that such convention and its complementary protocol contribute in establishing the international law of refugee protection, however, its argues that the convention does not cover all people into danger in terms of refuges definition and principals of non refoulement.</p>
2
Almustafa, Maissaa. "Relived Vulnerabilities of Palestinian Refugees". Social & Legal Studies 27, n. 2 (12 dicembre 2017): 164–79. http://dx.doi.org/10.1177/0964663917746486.
Testo completoAbstract (sommario):
The international refugee protection regime failed in protecting millions of refugees during the current Syrian conflict. However, for more than half a million Palestinian refugees who have resided in Syria since 1948, this failure has been persistent since such time as they were never protected by the international protection regime. These Palestinian refugees are now reliving the trauma of their statelessness through the current Syrian conflict. Their lack of protection reveals a complex layering of the failure of the legal framework of refugee protection. This case demonstrates the limits of an international protection regime that was initially formulated to address a Eurocentric set of concerns. This article links the current protection gaps for Palestinian refugees from Syria with the structural flaws of the international refugee protection regime. The article argues that the particular legal frameworks that were established to govern the statelessness of Palestinian refugees since 1948 have contributed in prolonging this unresolved crisis and pushed stateless Palestinians into a new cycle of displacement and victimization.
3
Appleby, Kevin. "Strengthening the Global Refugee Protection System: Recommendations for the Global Compact on Refugees". Journal on Migration and Human Security 5, n. 4 (dicembre 2017): 780–99. http://dx.doi.org/10.1177/233150241700500404.
Testo completoAbstract (sommario):
On September 19, 2016, the United Nations (UN) General Assembly adopted the New York Declaration for Refugees and Migrants. This document launched a two-year process to develop a Global Compact on Responsibility Sharing on Refugees (“Global Compact on Refugees”) and a Global Compact for Safe, Orderly, and Regular Migration. With a record 65 million displaced persons in the world, the global community must come together to fashion a stronger protection regime for persons on the move. This paper outlines broad themes and specific recommendations that the Global Compact on Refugees should adopt on how to strengthen the global refugee protection system. The recommendations fall into several categories: (1) responsibility sharing for the protection of refugees; (2) filling in protection gaps; (3) balancing and replacing deterrence strategies with protection solutions; (4) refugee resettlement; and (5) building refugee self-sufficiency. Some of the key recommendations include: • the development of a responsibility-sharing formula to respond to large movements of refugees; • the development of an early warning system to identify and respond to nations in crisis; • the adoption of principles included in the Nansen and Migrants in Countries of Crisis initiatives; • the use of temporary protection measures to protect populations that flee natural disaster; • the adoption of model processes that ensure safe and voluntary return; • cooperation between destination and transit countries to expand refugee protections; • the provision of asylum and due process protections at borders; • the use of development assistance to ensure the self-sufficiency of refugees; • the adoption of a goal to resettle 10 percent of the global refugee population each year; • the establishment of a refugee matching system between refugees and resettlement countries; and • the adoption of coherent strategies, involving all sectors, to address large movements of refugees. This paper draws heavily, albeit not exclusively, from a series of papers published as a special collection in the Journal on Migration and Human Security1 on strengthening the global system of refugee protection.
4
SCHOTEL, BAS. "Legal Protection as Competition for Jurisdiction: The Case of Refugee Protection through Law in the Past and at Present". Leiden Journal of International Law 31, n. 1 (27 novembre 2017): 9–32. http://dx.doi.org/10.1017/s0922156517000565.
Testo completoAbstract (sommario):
AbstractThis article explores the structure of the legal protection of refugees in Europe today. To this end, it will contrast historical arrangements providing protection to refugees, namely church asylum in the late Middle Ages and refuge for religious minorities, with the current European refugee regime, that is the Common European Asylum System (CEAS), in particular the Dublin system. The central claim of this article is that a basic condition for the legal protection of refugees is the existence of multiple jurisdictions, which in turn caters for competition for jurisdiction. The official logic of the CEAS, however, endorses harmonization, unity and the hierarchy of jurisdictions rather than a competition between jurisdictions. This partially explains the difficulties under the CEAS in organizing the protection of refugees through law. In policy terms, this article supports calls for reconsidering the Dublin Regulation, since through the ‘single jurisdiction’ approach Dublin hampers the legal protection of refugees.
5
Fadil, Hamza, e Shen Yi. "Effectiveness of Regional Protection Program (RPP) Rezim - International Protection Regime - European Union (EU) in Germany". Journal of Public Administration and Governance 9, n. 4 (15 novembre 2019): 164. http://dx.doi.org/10.5296/jpag.v9i4.15830.
Testo completoAbstract (sommario):
Refugees migrate from their countries to other countries in the study of migration because of natural disasters, famine, difficulty in getting jobs, and fear of war or armed conflict in their countries. The problem of the Syrian refugee crisis in 2011 due to armed conflict made Syrian refugees leave their country for Europe. In 2011 Syrian refugees began to enter Europe through waters, then UNHCR announced the status of refugees and encouraged the EU to respond with refugee acceptance. In 2012 the EU then adopted the Regional Protection Program - International protection regime in accepting refugees. Germany was then very enthusiastic in accepting refugees, so there were many refugee destinations to get protection. Through the German resettlement scheme then received many refugees. Through the Balkan lane the EU then negotiated with Turkey which made it easier for refugees to enter Europe, then it had implications for the increasing number of refugees entering Europe in 2015. This caused fears of the Balkan countries so that the peak of the Balkan lane was closing which resulted in a reduction in German revenue from the original plan of acceptance. Therefore, the author wants to confirm whether the Regional Protection Program - International protection regime is quite effective in carrying out the reception of Syrian refugees in 2013-2015. The writer uses Arild Uderdal's regime effectiveness concept, which consists of several variables such as problem type, problem-solving capacity, and the level of collaboration then to confirm the effectiveness of this regime.
6
Shalihah, Fithriatus, e Muhammad Nur. "Observations on the Protection of Refugees in Indonesia". Fiat Justisia: Jurnal Ilmu Hukum 15, n. 4 (30 giugno 2021): 361–86. http://dx.doi.org/10.25041/fiatjustisia.v15no4.2143.
Testo completoAbstract (sommario):
Pekanbaru City and Makassar City are areas that serve as refugee shelters in Indonesia. Generally, refugees in Pekanbaru City and Makassar City were only transiting, while the main destination was Australia. However, the Australian Government's strict policies resulted in refugees being held in Indonesia for many years. This research then examines how the protection of refugees in Pekanbaru City and Makassar City towards the granting of refugee rights granted by the Government and international organizations regarding the status of refugees so far. The author uses empirical/sociological legal research methods, which are conducted by observational research, by conducting surveys, and empirical or socio-legal approaches, namely through field observations, interviews, and literature studies. The results of this study found that Indonesia has respected the provisions of international law in protecting refugees in Indonesia. The handling of refugees in Indonesia For the most part, it has worked well in granting refugee rights under the provisions of international conventions on refugee status.
7
Hocké, Jean-Pierre. "Protection by Action". International Review of the Red Cross 28, n. 265 (agosto 1988): 325–27. http://dx.doi.org/10.1017/s0020860400074106.
Testo completoAbstract (sommario):
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.
8
Mwenyango, Hadijah, e George Palattiyil. "Health needs and challenges of women and children in Uganda’s refugee settlements: Conceptualising a role for social work". International Social Work 62, n. 6 (9 settembre 2019): 1535–47. http://dx.doi.org/10.1177/0020872819865010.
Testo completoAbstract (sommario):
With 1.36 million refugees, Uganda has witnessed Africa’s highest refugee crisis and is confronted with subsequent protection and assistance demands. The Government of Uganda and its partners are trying to support refugees to overcome the associated debilitating health conditions, and it recently shot to prominence in refuge management. Despite this, there are still gaps in health service provision for refugees. This article discusses the health situation of refugee women and children living in Uganda’s refugee settlements, explores the existing health service gaps, and argues that there is a need to extend the role of social work in health services for refugees.
9
Zubair, Muhammad, Muhammad Aqeel Khan e Muzamil Shah. "The Principle of non- Refoulement and its Role in the Protection of Refugees". Global Regional Review IV, n. II (30 giugno 2019): 478–87. http://dx.doi.org/10.31703/grr.2019(iv-ii).51.
Testo completoAbstract (sommario):
The protection available to refugees under the principle of non-refoulement is a well-established rule of the customary international law; which means that they can’t be shiftedagainst their well to their country where their life is at risk. A person who avails the protection of the principle of non-refoulement and other protections guaranteed under the international refugee instruments is considered a refugee. This principle is well established both under the Refugee Convention 1951 and Convention against Torture (CAT) 1984. This research revolves around the question that if a country is not a signatory to any refugee related instrument at international level nor has any domestic law related to refugees, sothen what precludes such a nation from expelling a person or group of persons from their territory? The paper explores the various protections available to refugees in general and under the principle of non-refoulement in particular.
10
Zubair, Muhammad, Muhammad Aqeel Khan e Muzamil Shah. "The Principle of non- Refoulement and its Role in the Protection of Refugees". Global Regional Review IV, n. III (30 settembre 2019): 456–65. http://dx.doi.org/10.31703/grr.2019(iv-iii).50.
Testo completoAbstract (sommario):
The protection available to refugees under the principle of non-refoulement is a well-established rule of the customary international law; which means that they can’t be shiftedagainst their well to their country where their life is at risk. A person who avails the protection of the principle of non-refoulement and other protections guaranteed under the international refugee instruments is considered a refugee. This principle is well established both under the Refugee Convention 1951 and Convention against Torture (CAT) 1984. This research revolves around the question that if a country is not a signatory to any refugee related instrument at international level nor has any domestic law related to refugees, sothen what precludes such a nation from expelling a person or group of persons from their territory? The paper explores the various protections available to refugees in general and under the principle of non-refoulement in particular.
11
Zubair, Muhammad, Muhammad Aqeel Khan e Muzamil Shah. "An Analysis Of The Legal Framework Of International Refugee Protection System". Global Political Review IV, n. I (30 marzo 2019): 1–10. http://dx.doi.org/10.31703/gpr.2019(iv-i).01.
Testo completoAbstract (sommario):
The article aims to investigate the legal framework of refugee protection system at regional and international level, which starts with the modern history of refugee system that when fleeing people from one region to another were considered as refugees. It further explores steps that were taken at the initial moment and how such system developed at the international level. The legal protection along with internationally accepted definition of refugees was achieved with the passage of time. The 1951 Refugee Convention is considered as the main foundation upon which the whole refugee system is based, was further augmented with the adoption of the 1967 Protocol, which removed the two main objections i.e. the temporal and geographical limitations from the Convention. The article explains the refugee definition, protections available under various instruments at regional and international level to refugees.
12
Diah Triceseria, Anak Agung Istri, Nurul Azizah Zayda e Rizka Fiani Prabaningtyas. "A New Approach to Refugee's Welfare through the Role of Community: Case Study of Refugee's Community Centre in Sewon". Global South Review 2, n. 1 (9 ottobre 2017): 1. http://dx.doi.org/10.22146/globalsouth.28847.
Testo completoAbstract (sommario):
The role of state actor in refugee protection is seriously limited by the “nationalism” nature of a nation-state. In particular, there has been a lack of attention from Indonesia as implied by non-ratifying choice taken by the government. The problem here with this approach is, refugee’s rights are viewed as entitlement from state and should conform with the state’s interest. Thus, there needs to be a new approach in pursuing a refugee protection regime. This paper shifts the focus from the role of state to the roles played by other actors. This paper gives a particular focus on Refugee Community Housing in Sewon, Daerah Istimewa Yogyakarta. The Community Housing is an initiative from International Organization for Migration (IOM) which provides temporary settlement as well as living allowance for refugees. Our preliminary study found that the coordination among IOM, Jesuit Refugee Service (JRS)–an international NGO working to assist refugees, and Immigration Office of Yogyakarta—has to some extent demonstrated a better service and treatment to refugees than state’s philanthropy in general. Some limitations remains exist, but overall, community housing provides a foundation for a civil society-based refugee protection.
13
Wartini, Sri. "URGENSI PENGATURAN PERLINDUNGAN PENGUNGSI LINGKUNGAN AKIBAT PERUBAHAN IKLIM DALAM PERSPEKTIF HUKUM INTERNASIONAL". Jurnal Dinamika Hukum 17, n. 1 (2 maggio 2017): 15. http://dx.doi.org/10.20884/1.jdh.2017.17.1.706.
Testo completoAbstract (sommario):
Climate change refugess is caused by sudden impact disasters and slow onset disasters because of climate change. The climate change refugess is not included as the refugees which are regulated under the Refugees Convention 1951, since the climate refugees are not caused by persecution. Thus, it is necessary to find out a solution based on international law to provide legal protection to the climate change refugees. The aim of the research is to analyse comprehensively the urgency of legal protection to the climate refugees and to find out an appropriate legal protection fo them. The fundings of the research namely : First, there is a legal lacuna to the protection of climate change refugees ; second, The need to regulate the legal protection to the climate change refugees, since they become the victims of climate change.Key Words : Climate change refugees, global warming and urgency
14
Bastaki, Jinan. "Temporary Protection Regimes and Refugees: What Works? Comparing the Kuwaiti, Bosnian, and Syrian Refugee Protection Regimes". Refuge 34, n. 2 (10 dicembre 2018): 73–84. http://dx.doi.org/10.7202/1055578ar.
Testo completoAbstract (sommario):
Many states have responded to mass influxes of refugees fleeing generalized violence and war by setting up ad hoc and/or temporary protection regimes. These regimes have had various degrees of success, depending particularly on the length of stay of the refugees. This article will compare the approach of states to three separate refugee influxes—Kuwaiti refugees in the Gulf, Bosnian refugees in Germany, and Syrian refugees in Turkey—and will argue that efforts to harmonize temporary protection measures are desirable, but given that these situations tend to be prolonged, there must be greater responsibility sharing between states, in order to lead to greater integration of refugees in the host states.
15
Weiß, Anja. "Becoming a refugee. A life-course approach to migration under duress". Sociologias 20, n. 49 (dicembre 2018): 110–41. http://dx.doi.org/10.1590/15174522-02004904.
Testo completoAbstract (sommario):
Abstract This article offers a sociological approach to the ongoing debate about the distinction between refugees and migrants. It adopts a life-course perspective on seeking refuge. Seeking refuge is embedded not only in the legal regimes of refugee protection, but also in other institutional frameworks governing the life-course. Exploring continuities between migrants and refugees allows for a better understanding of whether and under what preconditions the refugee category is applied by administrations and accessed by refugees themselves. With the help of case studies selected strategically from a larger sample of narrative interviews with university educated migrants to Germany, Turkey, and Canada, the article shows how the implementation and administration of the Geneva Refugee Convention in Germany is organized in a manner that often diverges from the empirical reality of fleeing from persecution and lack of protection. On this basis, a broader comparison with migrants in Turkey and Canada who could fall under the Geneva Refugee Convention, but who mostly refrain from claiming asylum, shows that those with better resources and socio-spatial autonomy can, if well informed, find alternative options for gaining protection rather than claiming refugee status. Whether migrants under duress see themselves as refugees and whether they claim asylum does not only result from the persecution they face but also from specificities of legal and administrative frameworks, as well as their position in global structural inequalities and it is related to divergent degrees of socio-spatial autonomy.
16
Gordyn, Carly. "Pancasila and Pragmatism: Protection or Pencitraan for Refugees in Indonesia?" Journal of Southeast Asian Human Rights 2, n. 2 (1 dicembre 2018): 336. http://dx.doi.org/10.19184/jseahr.v2i2.8414.
Testo completoAbstract (sommario):
Since the 1970s Indonesia has been a transit country for refugees searching for resettlement. While it has not signed the 1951 Refugee Convention, Indonesia does allow the UNHCR to operate within its borders. Furthermore, Indonesian President Joko Widodo recently pledged humanitarian assistance to Rohingya refugees in Bangladesh. This paper asks what motivates Indonesia to assist refugees, despite not being a signatory to the 1951 Refugee Convention? What principles underlie Indonesia’s approach to refugees? Based on interviews conducted with government officials, practitioners, activists and academics in Indonesia, this paper finds that Indonesia is guided by Pancasila (Indonesia’s state ideology) and the preamble to its constitution in playing a humanitarian role in international society. At the same time, however, this humanitarian imperative is in tension with pragmatism. This means that there are a number of problems for refugee protection in Indonesia. This paper argues that while Indonesia is driven by humanitarian ideals in assisting refugees, it must sign the 1951 Refugee Convention to endorse its commitment to Pancasila and the preamble to the constitution, otherwise it risks using these foundations as simply pencitraan, or ‘window dressing’.
Keywords: Indonesia, refugees, Pancasila
17
Goodwin-Gill, Guy S. "Refugees: Challenges to Protection". International Migration Review 35, n. 1 (marzo 2001): 130–42. http://dx.doi.org/10.1111/j.1747-7379.2001.tb00008.x.
Testo completoAbstract (sommario):
By the end of the year 2000, the Office of the United Nations High Commissioner for Refugees will have been in existence for 50 years –which is probably some sort of record for an organization originally set up with just a three-year mandate. There were many reasons for so limiting the successor agency to the International Refugee Organization, but it is doubtful whether anyone seriously thought that refugee problems would be resolved so quickly, or indeed that UNHCR would develop into the highly operational, visible and extensively funded entity that we see today. Fifty years of experience nevertheless suggests that it is high time for an audit, for an evaluation of strengths, weaknesses and achievements, and a little strategic thinking about the future.
18
Aldoghmi, Hamzah S. "R2P and Refugee Protection: Framing the Responsibility to Protect Prima Facie Refugees Fleeing Mass Atrocity Crimes". Global Responsibility to Protect 11, n. 1 (14 gennaio 2019): 104–34. http://dx.doi.org/10.1163/1875984x-01101006.
Testo completoAbstract (sommario):
Recently, there has been increasing recognition that the Responsibility to Protect principle (R2P) and refugee protection are inextricably linked and conceptually connected. The question remains, however, whether the link between the two protection frameworks can provide a basis for the protection of prima facie refugees fleeing mass atrocity crimes. This article identifies that prima facie refugees have the right to protection irrespective of where they arrive. It finds that the prima facie provision is one that exists under international refugee law and is highly relevant to the R2P principle. R2P facilitates a framework of prima facie protection, but it must include the political and legal norms of R2P and international refugee law. The article argues that expanding the idea of R2P and refugee protection as an interlinked agenda offers a protection-oriented framework to address the protection needs of prima facie refugees fleeing mass atrocity crimes.
19
Arif, Kamrul Hasan. "The Rohingya Refugees in Bangladesh: Non-refoulement and Legal Obligation under National and International Law". International Journal on Minority and Group Rights 27, n. 4 (25 settembre 2020): 855–75. http://dx.doi.org/10.1163/15718115-02702014.
Testo completoAbstract (sommario):
Bangladesh is now the largest Rohingya refugee-hosting country in the world. 2017 saw the largest and fastest Rohingya refugee influx from Myanmar to Bangladesh. The very first influx took place in 1978 after just seven years of its independence. Despite being a non-signatory to the 1951 Refugee Status Convention, Bangladesh has an obligation to protect refugees under national and international laws. The legal basis of international protection comes from the different bodies of international law including customary international law. The basic customary international law applicable to the refugees found in the core international human rights instruments. The aims of this research are to find out the legal obligations and challenges of Bangladesh in the protection of refugees under the constitutional and statutory laws of Bangladesh. This research also aims to focus on the role of protecting refugees under different bodies of regional and international law including the principle of non-refoulement.
20
Savun, Burcu, e Christian Gineste. "From protection to persecution: Threat environment and refugee scapegoating". Journal of Peace Research 56, n. 1 (7 dicembre 2018): 88–102. http://dx.doi.org/10.1177/0022343318811432.
Testo completoAbstract (sommario):
The security consequences associated with refugee flows are among the most widely studied aspects of forced migration. While the majority of this research program has focused on how refugee movements affect the risk of political violence, scant scholarly attention has been paid to violence perpetrated against refugees. Building upon the state repression literature, we argue that refugees are particularly vulnerable to the violation of their physical integrity rights in the wake of terrorist attacks in host states. Governments are pressured to respond to security crises but prefer to take actions without jeopardizing public support. In this context, refugee groups can be strategically attractive targets of repression because they lack electoral power and citizens are often supportive of government crackdown against foreigners in times of security crises. Given that leaders have stronger incentives to respond to voters’ demands quickly in democracies, we expect the effect of terror attacks on violence against refugees to be stronger in democratic host states. Using a novel global dataset on anti-refugee violence between 1996 and 2015, we show that refugees are more likely to be exposed to violence by the coercive agents of the state in the wake of security crises. We provide suggestive evidence that the repression of refugees is more consistent with a scapegoating mechanism than the actual ties and involvement of refugees in terrorism. The findings reveal that the well-being of uprooted populations is particularly at risk when host countries face a security threat.
21
Nurainun, Nurainun, Raditya Afrisal Hidayat, Mohammad Syaifur Rijal, Dennis Darmawan Jo e Petrus Avelino F.T. "Legal Protection for Refugees Without Identity from Country of Origin". Hang Tuah Law Journal 4, n. 1 (3 giugno 2020): 1. http://dx.doi.org/10.30649/htlj.v4i1.133.
Testo completoAbstract (sommario):
<p>Currently refugee issues have become a concern for every country. It was marked by the existence of the 1951 Refugee Convention to overcome this problem. However, Indonesia is not a party to that Convention, there is no article mention about refugees’ permits in Immigration Law. To grant their own status are the authority of UNHCR through their representatives who are placed in the Immigration Office. When refugees are crossing the countries without carrying identity cards these refugees are arrested by the State security apparatus. The method used in this study is a normative juridical research method. The results of this study indicate that the permits for refugees is not known in the Immigration Act, it does not mean that Indonesia can expel refugees to their home countries. Where refugees must be protected by all countries.</p><p> </p><p> </p>
22
Alva, Jenica, e Irawati Handayani. "Regionalism as a Solution to Refugee Protection in ASEAN". PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, n. 02 (agosto 2019): 379–406. http://dx.doi.org/10.22304/pjih.v6n2.a9.
Testo completoAbstract (sommario):
The problem of refugees has become a global phenomenon that brings widespread impacts to all involving parties. The humanitarian crisis of the Rohingya ethnic group increased the number of refugees in ASEAN who needs international protection. However, legal and political framework governing refugee protection in ASEAN is still very insignificant. This research is to answer whether regionalism is successful in resolving the problem of refugees in international level and whether a regionalism approach can be applied in ASEAN level to deal with refugees. This study used normative juridical research methods with literature study techniques. Based on the results, the study revealed that regionalism has successfully solved the problem of refugees. However, the development of regionalism needs to be improved to deal with mass-influx problems. Regionalism has succeeded in encouraging world regions such as Europe, Africa, and Latin America to form various binding regional mechanisms (CEAS, OAU Convention, and Cartagena Declaration). Compared to the universal approach, regionalism is a better option because of its flexible nature. It also provides choices to member states in handling refugee protection activities. Based on the comparison of regionalism practices from the three regions, the regionalism approach in ASEAN has a great potential to solve refugee problems more effectively.
23
Alva, Jenica, e Irawati Handayani. "Regionalism as a Solution to Refugee Protection in ASEAN". PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, n. 02 (agosto 2019): 379–406. http://dx.doi.org/10.22304/pjih.v6n2.a9.
Testo completoAbstract (sommario):
The problem of refugees has become a global phenomenon that brings widespread impacts to all involving parties. The humanitarian crisis of the Rohingya ethnic group increased the number of refugees in ASEAN who needs international protection. However, legal and political framework governing refugee protection in ASEAN is still very insignificant. This research is to answer whether regionalism is successful in resolving the problem of refugees in international level and whether a regionalism approach can be applied in ASEAN level to deal with refugees. This study used normative juridical research methods with literature study techniques. Based on the results, the study revealed that regionalism has successfully solved the problem of refugees. However, the development of regionalism needs to be improved to deal with mass-influx problems. Regionalism has succeeded in encouraging world regions such as Europe, Africa, and Latin America to form various binding regional mechanisms (CEAS, OAU Convention, and Cartagena Declaration). Compared to the universal approach, regionalism is a better option because of its flexible nature. It also provides choices to member states in handling refugee protection activities. Based on the comparison of regionalism practices from the three regions, the regionalism approach in ASEAN has a great potential to solve refugee problems more effectively.
24
Gilbert, Geoff. "The protection of refugees in international law post September 11 2001". Yearbook of International Humanitarian Law 6 (dicembre 2003): 389–408. http://dx.doi.org/10.1017/s1389135900001392.
Testo completoAbstract (sommario):
The protection of refugees in international law is always a complex mix of legal obligations and policy considerations. Unfortunately, the reaction against refugees post September 11 has ignored both the facts and the pre-existing law.This paper addresses how refugees have fared in international and domestic law post September 11 2001. Given that a refugee, by definition, has lost the protection of her/his state, there is no body, other than the United Nations High Commission for Refugees (UNHCR), which is able to respond in the face of unjustified restrictions on the rights accorded to this most vulnerable group.The first thing to note is that none of the people involved in the events of September 11 was a refugee. Equally, immediately after the events of September 11, approximately 100,000 Afghans fled Kabul fearing revenge attacks by the United States. At the same time, under pressure from Pakistan and Iran, the United Nations High Commission for Refugees facilitated the repatriation of 215,000 Afghan refugees.
25
Alva, Jenica. "[BOOK REVIEW] Refugees, Regionalism, and Responsibility". PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, n. 03 (dicembre 2019): 638–42. http://dx.doi.org/10.22304/pjih.v6n3.a11.
Testo completoAbstract (sommario):
Penelope Mathew is a Professor of International Law and a Dean in Griffith Law School, Australia. She is a profound researcher in refugee law topics. She is admired for her innovative idea to promote regionalism as a tool for governments to leverage better protection for refugees. Studying an underexplored topic, Mathew is able to synthesize the complexity of regionalism in a simple manner to be understood easily by readers. The book is divided into two parts. The first part consists of three sub-parts: (1) regionalism position in international politics and refugee law; (2) philosophical and ethical reasons of states’ responsibility in the case of refugees; and (3) steps and actions for states to share responsibility in handling refugees. The second part looks at the regional arrangements for the protection of refugees in some detail, whether they have resulted in better refugee protection and durable solutions.
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Alva, Jenica. "[BOOK REVIEW] Refugees, Regionalism, and Responsibility". PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, n. 03 (dicembre 2019): 638–42. http://dx.doi.org/10.22304/pjih.v6n3.a11.
Testo completoAbstract (sommario):
Penelope Mathew is a Professor of International Law and a Dean in Griffith Law School, Australia. She is a profound researcher in refugee law topics. She is admired for her innovative idea to promote regionalism as a tool for governments to leverage better protection for refugees. Studying an underexplored topic, Mathew is able to synthesize the complexity of regionalism in a simple manner to be understood easily by readers. The book is divided into two parts. The first part consists of three sub-parts: (1) regionalism position in international politics and refugee law; (2) philosophical and ethical reasons of states’ responsibility in the case of refugees; and (3) steps and actions for states to share responsibility in handling refugees. The second part looks at the regional arrangements for the protection of refugees in some detail, whether they have resulted in better refugee protection and durable solutions.
27
Stevens, Dallal. "What Do We Mean by Protection?" International Journal on Minority and Group Rights 20, n. 2 (2013): 233–62. http://dx.doi.org/10.1163/15718115-02002005.
Testo completoAbstract (sommario):
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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GUZZI, ANDRÉ CAVALLER. "The role of social protection structures in the economic integration of refugees: analysis of Syrian refugees in the city of São Paulo". Cadernos EBAPE.BR 19, n. 2 (giugno 2021): 365–76. http://dx.doi.org/10.1590/1679-395120200031.
Testo completoAbstract (sommario):
Abstract This paper aims to analyze the role of social protection structures in the economic integration of refugees. While most of the literature on economic integration focuses on refugee access to formal workforce, this paper explores the importance of social protection in the integration process and how it paves the way for greater economic integration. This paper investigates both formal social protection structures and informal ties within immigrant communities that help refugees obtain a basic income while they are in the process of integration. Brazil has no national program for economic integration of refugees and, in terms of social protection structures, they are recipients of the same social assistance programs that are offered to the low-income population. By looking at a conditional cash transfer program, Bolsa Família, and analyzing the access and outcomes of this program for Syrian refugees in the city of São Paulo, this paper shows the limitations of providing these programs to refugees without considering their specificities. In conclusion, for a stronger economic integration, formal structures of social protection need to be more efficient and better address refugees’ needs. In order to conduct this work, I used academic and news articles, and interviewed members from the government and civil society organizations who work with refugee integration.
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Sutiarnoto, Sutiarnoto, Jelly Leviza e Saiful Azam. "ROHINGA STATELESS PERSONS: ROLE OF UNHCR IN REFUGEE PROTECTION AND LACK OF ADEQUATE LEGAL PROTECTION IN INDONESIA". Yustisia Jurnal Hukum 9, n. 2 (31 agosto 2020): 287. http://dx.doi.org/10.20961/yustisia.v9i2.43196.
Testo completoAbstract (sommario):
<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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McMaster, D. "RESETTLED REFUGEES: Temporary Protection Visas: Obstructing Refugee Livelihoods". Refugee Survey Quarterly 25, n. 2 (1 gennaio 2006): 135–45. http://dx.doi.org/10.1093/rsq/hdi0131.
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Adelman, Howard. "From Refugees to Forced Migration: The UNHCR and Human Security". International Migration Review 35, n. 1 (marzo 2001): 7–32. http://dx.doi.org/10.1111/j.1747-7379.2001.tb00002.x.
Testo completoAbstract (sommario):
Within UNHCR, there has been a shift in the emphasis on the meaning of protection. Protection of refugees is now primarily defined as security of refugees and refugee operations rather than in terms of the legal asylum process. The article examines the significance of UNHCR placing the refugee issue within both the larger context of forced migration as well as within the context of human security. The paper clarifies and documents a current and general focus of forced migration that includes the internally displaced as well as refugees and offers a framework for comprehending and dealing with the refugee problem that has shifted focus to the security dimension.
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Zimmermann, Inga, Kerstin Rosenow-Williams, Katharina Behmer-Prinz e Alina Bergedieck. "Refugee Protection Standards in Transition: Studying German NGOs and Public Administrations". Refugee Survey Quarterly 39, n. 1 (3 dicembre 2019): 76–99. http://dx.doi.org/10.1093/rsq/hdz015.
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Abstract From 2014 to 2015, the number of asylum applications increased by 155 per cent in Germany, which has severely altered Germany’s refugee response system. This article analyses resulting local-level changes in the protection standards for refugees. It sheds light on the interplay between municipal and organisational actors in implementing protections concepts and measures for refugee accommodations. The study applies a neo-institutional research framework to explain organisational behaviour at the level of non-governmental organisations and public administration asking how the security needs of refugee women are met at the “street-level bureaucracy”. Through empirical fieldwork, it shows that in 2018, gender-specific protection standards were higher than before 2014 due to mechanisms of regulative, normative and mimetic isomorphism. The joint development of Minimum Standards for the Protection of Refugees and Migrants in Refugee Accommodation Centres in 2016 by the United Nations Children's Fund, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth and numerous non-governmental organisations has supported this process. The research combines current debates in refugee studies with theoretical concepts from organisational sociology, gender studies and policy research.
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Crépeau, François, e 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, n. 1 (1997): 239–61. http://dx.doi.org/10.1017/s0829320100005263.
Testo completoAbstract (sommario):
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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Fitzpatrick, Joan. "Temporary Protection of Refugees: Elements of a Formalized Regime". American Journal of International Law 94, n. 2 (aprile 2000): 279–306. http://dx.doi.org/10.2307/2555293.
Testo completoAbstract (sommario):
Temporary protection of refugees (TP) gained surprising prominence during the 1990s as a response to forced migration, at times seeming poised to displace the regime based on the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. The unprecedented Humanitarian Evacuation Programme to airlift Kosovar refugees to temporary safety in European and more distant states exemplifies TP’s appeal and adaptability. The Kosovo experience, by restoring faith that some mass influxes are genuinely temporary, may reinvigorate enthusiasm for TP, which had flagged during the endgame to the Bosnian refugee crisis.
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Diab, Suha. "Fear and (In)Security: The Canadian Government’s Response to the Chilean Refugees". Refuge: Canada's Journal on Refugees 31, n. 2 (2 dicembre 2015): 51–62. http://dx.doi.org/10.25071/1920-7336.40309.
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This article examines Canada’s response to the Chilean refugee crisis in 1973. It explores the conditions that made the resettlement of Chilean refugees possible, despite the reluctance of the Canadian government to provide protection for them. The article focuses on the relation between the Canadian overnment’s regulatory discourses and practices on the one hand, and the Canadian public’s contestation of, and challenges to, such discourses and practices on the other. The Chilean refugee crisis revealed that the Canadian refugee protection regime was subject to political ideology, with very little consideration given to the suffering of refugees constructed as a threat to Canadian social, political, and economic well-being. However, civil society played a pivotal role in compelling the government to take a stance toward the refugees, though the government was able to control refugee reception by being deliberately selective about which lives it would save. The visibility and the success of the Canadian public in advocating on behalf of the Chilean refugees demonstrated the potential of this emerging civil power to affect refugee policies and practices while also revealing its limitations.
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Danielson, Nora. "Channels of Protection: Communication, Technology, and Asylum in Cairo, Egypt". Refuge: Canada's Journal on Refugees 29, n. 1 (10 ottobre 2013): 31–42. http://dx.doi.org/10.25071/1920-7336.37504.
Testo completoAbstract (sommario):
Communication between service providers and refugees about services, legal processes, and rights helps shape refugees’ experience of asylum but has, in Cairo, Egypt, been a source of misunderstandings and conflict. Based on qualitative pilot research, this paper explores the practices, challenges, and potentials of information technologies old and new in facilitating access to asylum in this southern city. Interviews with refugee and service providers and review of previous technology-based initiatives show that although service providers tend to rely on oral information transfer, other channels—print, phone, text messaging, websites, social media—hold significant capacity for growth. Existing practices and initiatives in Cairo demonstrate the potential for technology-based projects to overcome the geographic barriers of the urban setting and the range of literacy and languages in Cairo’s refugee communities. However, service providers and refugees require further funding and institutional support if this potential is to be realized.
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Lamb, Nicole, e Gerhard Hoffstaedter. "‘We walk, we laugh, we dance’: refugee experiences of older Chin women in Kuala Lumpur". Ageing and Society 40, n. 5 (13 novembre 2018): 1021–38. http://dx.doi.org/10.1017/s0144686x18001502.
Testo completoAbstract (sommario):
AbstractOlder persons are among the most vulnerable of refugees seeking protection in Malaysia, yet seldom are they the focus of the work of the United Nations High Commissioner for Refugees, local charities or non-government organisations. In-depth ethnographic research with a group of older Chin women in Kuala Lumpur demonstrates both the vulnerability and resilience of older refugees in urban environments. Older refugees play a crucial role in sustaining families and communities. They provide much-needed support to refugee communities who struggle to meet the needs of everyday life in the absence of protection protocols.
38
Sandelind, Clara. "Costs of refugee admission and the ethics of extraterritorial protection". European Journal of Political Theory 20, n. 1 (13 dicembre 2017): 116–37. http://dx.doi.org/10.1177/1474885117738118.
Testo completoAbstract (sommario):
Many affluent states seek to discharge their responsibilities to refugees through extraterritorial policies, which limit the number of refugees that they admit whilst contributing to protection in a third country. Is this morally permissible? I argue that under non-ideal circumstances, where states’ non-compliance with their duties to refugees are persistent, such policies can be permissible. However, extraterritorial protection must satisfy two conditions. First, it must come about through bilateral or multilateral agreements. Second, the protection provided must allow for full integration in a new society. I argue that the lower the costs a state bears for admitting refugees to its territory, the higher its contribution to extraterritorial protection must be. This notion of costs is illustrated by exemplifying how refugee admission may impose costs to the self-determination and equality of the hosting state.
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Hathaway, James C. "The Conundrum of Refugee Protection in Canada: From Control to Compliance to Collective Deterrence". Journal of Policy History 4, n. 1 (gennaio 1992): 71–92. http://dx.doi.org/10.1017/s0898030600006515.
Testo completoAbstract (sommario):
Canadian policy on the protection of refugees has evolved through three distinct traditions. During the first era, refugee protection was constructed as a matter of immigration control. Indeed, until the middle of the twentieth century, Canada had no law or policy specifically oriented to the admission of refugees. Refugees simply applied for permission to enter Canada under the auspices of the general immigration scheme, the primary purpose of which was to promote domestic economic interests. The erosion of this historical view of refugees as immigrants has occurred only gradually, such that even today most refugees protected by Canada must meet immigration selection criteria, in addition to showing that they are at risk in their home country.
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Suyastri, Cifebrima. "Pendekatan Hubungan Internasional Terhadap Perlindungan Pengungsi : Menjelaskan Inisiatif Kebijakan Pemerintah Indonesia dan UNHCR". Frequency of International Relations (FETRIAN) 2, n. 1 (21 maggio 2020): 88–113. http://dx.doi.org/10.25077/fetrian.2.1.88-113.2020.
Testo completoAbstract (sommario):
A major problem with this research is the arrival of refugee in Indonesia as a human security issue because this issue stems from the non-traditional concept of security that attracts international relations researchers, because of the presence of refugee from abroad without any regulation and explaining that refugees can threaten the stability of regional security. The arrival of refugees has implications on economic, social, environmental, and health problems for the host country. There was an immense amount of debate about the possibility of states adopting extraterritorial approaches to asylum processing and refugee protection, and about such policies’ compatibility with international refugee and human rights law. De-territorialize refugee protection and of UNHCR’s strategy in the evolving consultations. The issues of who, why, and how to protect refugees pose a series of normative challenges that can only be addressed by recognizing the dynamic nature of refugee protection today. Our answers have implications for institutional design. On one hand, this is a way of potentially making refugee protection sustainable in the long run. Some argue, however, that refugees acquire rights over time, which necessitates some kind of pathway to naturalization and ultimately citizenship. The most basic and significant norm of the international refugee regime emerges from the decision to allow states to take direct control of the process of refugee determination and to establish a legal framework permitting the screening of refugee applicants on a variety of national interest grounds. In this way, the refugee regime reproduces the state as the normal form of political organization, and the actor empowered to make life and death decisions over the human population. This research methodology is qualitative with literature study methods and case studies with a single instrument using participant observation techniques and in-depth interviews.
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Içduygu, Ahmet, Aysen Ustubici, Izem Aral e Balacan Ayar. "Legitimising settlement of refugees: unpacking humanitarianism from a comparative perspective". Geografie 122, n. 4 (2017): 449–75. http://dx.doi.org/10.37040/geografie2017122040449.
Testo completoAbstract (sommario):
Refugee protection and humanitarianism have evolved hand in hand in the post- World War 2 era despite shortcomings. Since the 1980s however, we have witnessed a weakening of the international protection regime and a restrictive and securitised approach to asylum. The current situation of Syrian refugees has revealed that the international protection system falls short of efficiently responding to protracted refugees situations. In the context of selective and declining humanitarianism, our analysis moves from the international context to the national context to demonstrate how government officials legitimise receiving mass numbers of refugee. This article scrutinises the political discourse of refugee reception in Turkey and Germany as two countries receiving a high number of refugees. Through analysis of political statements in both countries between 2011 and 2016, we explore how international humanitarianism has taken different shapes in the discourse of government officials. Our findings reveal the general trend that humanitarianism in the case of refugee reception manifests itself selectively, reflecting not only humanitarian obligations stemming from international law but also political, cultural and economic priorities of governments.
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Abou-El-Wafa, Ahmed. "The Right to Asylum between Islamic Shari’ah and International Refugee Law: Consequences for the Present Refugee Crisis". Max Planck Yearbook of United Nations Law Online 19, n. 1 (30 maggio 2016): 305–36. http://dx.doi.org/10.1163/18757413-00190011.
Testo completoAbstract (sommario):
In Islam, all legitimate motives for asylum are valid. From its beginning, Islam has provided for the granting of refuge as well as the protection of refugees. The Islamic concept, practices and principles on the matter are clear and unambiguous. Islamic Shari’ah embraces a comprehensive set of rules concerning this topic on the one hand; on the other hand, the greatest number of refugees are actually Muslims and those hosting them are nearly all Muslim States. The refugees currently fleeing to Europe from Muslim States may be divided into two groups, namely: those pushed to flee their countries under threats of war, torture or persecution; and those motivated to improve their status quo. It is self-evident that the first ones are the ‘true refugees’ in the eyes of Islam as well as international refugee law.
43
Wojnicz, Piotr. "PROBLEM UCHODŹCÓW W WYBRANYCH DOKUMENTACH STOLICY APOSTOLSKIEJ W KONTEKŚCIE STANDARDÓW MIĘDZYNARODOWYCH". Civitas et Lex 15, n. 3 (29 settembre 2017): 36–53. http://dx.doi.org/10.31648/cetl.2468.
Testo completoAbstract (sommario):
Migration has many forms. Refugeeism is one of them. The international community hascreated the entire system of legal protection for refugees. The Catholic Church actively worksfor refugees. The attitude of the Church positively influences on the process of social adaptationof refugees in a new society. The Catholic Church demands solidarity and hospitality for refugees.
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Barbour, Brian, Lilianne Fan e Chris Lewa. "A Whole-of-Society Approach to the Rohingya Refugee Crisis: Strengthening Local Protection Capacity in South and South-East Asia". Asia-Pacific Journal on Human Rights and the Law 22, n. 1 (2 giugno 2021): 28–48. http://dx.doi.org/10.1163/15718158-22010003.
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Abstract In 2020, Rohingya men, women, and children continue to embark across the Bay of Bengal and Andaman Sea, and States continue to lack safe and predictable disembarkation protocols and standards. From a protection perspective, the situation in 2020 has played out as it did in 2015 showing a lack of progress. After decades of discriminatory policies, denial of basic human rights, and targeted violence, at least 1.5 million stateless Rohingya refugees have fled Myanmar’s Rakhine State to seek refuge in the region and scattered locations around the globe, often surviving horrendous journeys by sea in the hope of disembarking with even marginally better prospects. The reception of the Rohingya in each of their places of refuge has been mixed, but it has rarely if ever been one of unqualified welcome. How do we engage with challenges that seem so intractable? The academic literature looking at refugee protection in the Asian region has largely dealt with its absence or inadequacy. Yet if we look more closely at any specific context in Asia, we can see that States may have laws, policies, or practices that can be utilised to recognise or respond to protection needs; international institutions like the United Nations High Commissioner for Refugees (unhcr) are often recognised and permitted to conduct protection activities; civil society actors in every jurisdiction have developed substantial capacity for operationalising protection in practice; and refugees themselves are coping and contributing to their own protection in every case. It is at the national and local levels where protection capacity must be built towards implementation of a ‘whole-of-society’ approach.
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Biermann, Frank, e Ingrid Boas. "Preparing for a Warmer World: Towards a Global Governance System to Protect Climate Refugees". Global Environmental Politics 10, n. 1 (febbraio 2010): 60–88. http://dx.doi.org/10.1162/glep.2010.10.1.60.
Testo completoAbstract (sommario):
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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Goodwin-Gill, G. S. "Rwanda-Zaire: Refugee Camps and the Protection of Refugees". International Journal of Refugee Law 8, n. 4 (1 ottobre 1996): 630–33. http://dx.doi.org/10.1093/ijrl/8.4.630.
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Holvikivi, Aiko, e Audrey Reeves. "Women, Peace and Security after Europe's ‘refugee crisis’". European Journal of International Security 5, n. 2 (27 aprile 2020): 135–54. http://dx.doi.org/10.1017/eis.2020.1.
Testo completoAbstract (sommario):
AbstractSince its inception in 2000, the Women, Peace and Security (WPS) agenda has conceptualised the conflict-affected woman as a subject worthy of international attention, protection, and inclusion. In the wake of Europe's ‘refugee crisis’, this article examines how the remit of WPS has broadened from women in conflict zones to refugees in Europe's borderlands. A minority of European states now attend, in their WPS policy, to these conflict-affected women on the move. This inclusion productively challenges established notions of where conflict-affectedness is located. It exposes Europe as not always peaceful and safe for women, especially refugees who flee war. Conversely, the dominant tendency to exclude refugees from European WPS policy is built on a fantasy of Europe as peaceful and secure for women, which legitimises the fortressing of Europe and obscures European states’ complicity in fuelling insecurity at their borders, cultivating an ethos of coloniality around the WPS agenda. The inclusion of refugees is no panacea to these problems. If focused solely on protection, it repositions European states as protective heroes and conflict-affected women as helpless victims. The WPS framework nonetheless emphasises conflict-affected women's participation in decision-making and conflict prevention, opening space for recognising the refugee women as political actors.
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Betts, Alexander. "Institutional Proliferation and the Global Refugee Regime". Perspectives on Politics 7, n. 1 (12 febbraio 2009): 53–58. http://dx.doi.org/10.1017/s1537592709090082.
Testo completoAbstract (sommario):
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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Katsoni, Spyridoula. "Impacts of the interpretative interaction between international human rights law and the Refugee Convention". Cambridge International Law Journal 10, n. 1 (21 giugno 2021): 96–120. http://dx.doi.org/10.4337/cilj.2021.01.05.
Testo completoAbstract (sommario):
The article addresses the issue of interpretative interaction between international human rights law (IHRL) and the Refugee Convention against the background of an ongoing academic debate on the primacy or complementarity of the protection granted to refugees through IHRL. Specifically, it highlights the multifarious ways in which decision-makers and academics have sought interpretative guidance from IHRL in order to interpret the provisions of the Refugee Convention and vice versa. Moreover, it identifies the interpretative patterns to which this guidance has led. Ultimately, the article contributes to the debate through the identification of the impacts of interpretative interaction between IHRL and the Refugee Convention on the question of protection of refugees.
50
Moretti, Sebastien. "Keeping Up Appearances". European Journal of East Asian Studies 17, n. 1 (21 giugno 2018): 3–30. http://dx.doi.org/10.1163/15700615-01701001.
Testo completoAbstract (sommario):
Abstract The fact that most Southeast Asian States are not party to the main instruments pertaining to the protection of refugees has given rise to the ‘rejection of international refugee law’ theory, which has largely dominated the literature on the issues pertaining to refugees in Southeast Asia. Based on an analysis of the practices of Southeast Asian States with regard to refugees, this article argues that although they are not party to the 1951 Convention, the main countries of asylum in the region, i.e. Thailand, Malaysia and Indonesia, de facto treat differently the people they acknowledge to be in need of some sort of protection: that is, refugees. Unlike other irregular migrants, refugees are protected against non-refoulement and, to a certain extent, are also protected from detention for irregular entry into the territory of another State. In doing so, Southeast Asian States maintain a ‘fiction’ according to which they preserve sovereignty over the borders of their countries while in reality largely accepting the limitations posed by international refugee law.