Artykuły w czasopismach na temat „Refugees – International cooperation”
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Triggs, Gillian D., i Patrick C. J. Wall. "‘The Makings of a Success’: The Global Compact on Refugees and the Inaugural Global Refugee Forum". International Journal of Refugee Law 32, nr 2 (czerwiec 2020): 283–339. http://dx.doi.org/10.1093/ijrl/eeaa024.
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Abstract The last five years have witnessed a dramatic increase in the number of forcibly displaced people worldwide, and a key part of the international response has been a multilateral and multi-stakeholder effort to develop an architecture to share more equitably and predictably the burden and responsibility for hosting and supporting the world’s refugees. This piece offers a reflective assessment of this regime-strengthening exercise – the key milestones of which have been the New York Declaration, the Global Compact on Refugees, and the first Global Refugee Forum – and assesses what has been achieved and what challenges still lie ahead. The Global Compact on Refugees is presented as the product of a ‘States plus’ approach to multilateralism that brought together a wide range of States, other stakeholders, and – importantly – refugees to fill a crucial gap in the international refugee protection regime. It seeks to do this by bolstering international cooperation with a view to enhancing protection and expanding access to solutions, building on existing and emerging trends, and laying the ground for future cooperation. The first Global Refugee Forum in December 2019 was an important and positive first step in the Compact’s implementation, but much more remains to be done before success can be declared. In postscript, the authors reflect on the emergence of the COVID-19 pandemic, its impact on the international refugee response regime, and the role for the Global Compact on Refugees in the response.
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Talwasa, Sanaa. "Türkiye’de “Daha İyi Bir Yaşam” Peşinde: Türkiye'deki Afgan Mültecilerin Durumunun İnsan Hakları Açısından Değerlendirilmesi". Üsküdar Üniversitesi Sosyal Bilimler Dergisi 2020, nr 11 (listopad 2020): 245–74. http://dx.doi.org/10.32739/uskudarsbd.6.11.76.
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Turkey hosts the vast majority, more than four million, of refugees in the world, and Afghans make up the second-largest group of this population. Turkey is considered both a transit, a gate toward European countries, and a destination country for refugees due to its geographical position. Nevertheless, the majority of asylum seekers in Turkey are Syrian who have moved into since 2011. The author claims that Turkey and international refugee supporters prefer Syrian refugees’ legal protection, which causes Afghans to suffer massive violations of basic human rights during their journey to Turkey, after arrival, and while seeking refugee status in Turkey. This paper considers current condition of Afghan asylum seekers’ international human rights in Turkey who are waiting for their final destination toward European countries. Similarly, this paper highlights the possible consequences of current strategies’ application on Afghan refugees’ human rights conditions based on UNHCR's most recent system. The author includes practical recommendations and suggestions for international society as well as Turkey to enhance the human rights condition of refugees, especially Afghans, since this concept requires global cooperation rather than only Turkey’s efforts.
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Morel, Michèle. "The lack of refugee burden-sharing in Tanzania: tragic effects". Afrika Focus 22, nr 1 (25.02.2008): 107–14. http://dx.doi.org/10.1163/2031356x-02201009.
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The United Republic of Tanzania has been and currently still is one of the most important host countries in the world for refugees. The majority of those refugees have been living in camps for many years and have no prospect of a durable solution of their situation via repatriation, integration or resettlement. As a result, Tanzania is confronted with protracted refugee situations. The purpose of this article is to answer the question who is responsible for the plight of these refugees. Tanzania’s national refugee policy since the 1960s is analysed, whereby a clear evolution can be observed from an ‘Open Door’ policy to a policy with heavy restrictions and the absence of local integration as a durable solution. However, it will be concluded that it is not Tanzania but the international community that is to be held responsible. There is a lack of international refugee burden-sharing, as evidenced by the lack of an international legal framework for durable solutions for refugees. A ‘common but differentiated responsibility’ should be the basis of international cooperation to solve protracted refugee situations such as those occurring in Tanzania.
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Dowd, Rebecca, i Jane McAdam. "INTERNATIONAL COOPERATION AND RESPONSIBILITY-SHARING TO PROTECT REFUGEES: WHAT, WHY AND HOW?" International and Comparative Law Quarterly 66, nr 4 (22.08.2017): 863–92. http://dx.doi.org/10.1017/s0020589317000343.
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AbstractWhile countries that receive refugees have certain legal obligations to assist and protect them, the legal duties of other States to step in and help relieve this burden is less clear. Despite multiple proposals, a mechanism to systematically, equitably and predictably allocate responsibilities between States at a global level has still not been agreed. The UN's High-Level Summit on Addressing Large Movements of Refugees on 19 September 2016 held some promise in this regard, but the resulting New York Declaration was more muted than earlier drafts. This article seeks to provide a unique insight into the meaning of responsibility-sharing and international cooperation from the perspective of individual States. It does so by examining statements they have made at various UN fora over the past decade. It focuses on the two main methods of sharing responsibilities, namely the provision of financial and other assistance to host countries, and the admission of refugees. It then considers the extent to which States perceive responsibility-sharing to be a legal obligation, as opposed to a voluntary undertaking, and analyses this in light of expert opinion. Finally, it discusses the principle of common but differentiated responsibilities, a concept drawn from international environmental law, and considers whether and how it might apply in the international refugee law context.
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Lambert, Hélène. "TEMPORARY REFUGE FROM WAR: CUSTOMARY INTERNATIONAL LAW AND THE SYRIAN CONFLICT". International and Comparative Law Quarterly 66, nr 3 (11.04.2017): 723–45. http://dx.doi.org/10.1017/s0020589317000124.
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AbstractThe rule of temporary refuge forms the cornerstone of the response of States to large-scale influx of refugees. In the context of civilians fleeing armed conflict, this legal rule imposes a positive obligation onallStates to admit and not to return anyone to a situation where there is a risk to life, and to provide basic rights commensurate with human dignity. Also implicit in the rule is the expectation of shared responsibility for large numbers of refugees and of international cooperation towards finding durable solutions. This article examines the customary international law of temporary refuge (also known as temporary protection) in relation to the Syrian conflict. It discusses implementation of the rule in the practice of three countries neighbouring Syria, and in the EU. It finds that the practice of Turkey, Lebanon and Jordan has been consistent with the rule of temporary refuge. However, the EU has decided not to use the Temporary Protection Directive; instead individual Member States have relied on the Refugee Convention and EU law, combined with various other measures not pertinent to temporary protection. It is concluded that shared responsibility is the linchpin of temporary refuge. Absent this keystone, the rule of temporary refuge is likely to continue to be implemented primarily in a regional context by those countries nearest to the country affected by the conflict, as in the case of Syria.
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Smeshko, E. I. "Sahrawi Refugees in Algeria: How Do “The People in Exile” Live?" Islam in the modern world 16, nr 2 (25.07.2020): 243–55. http://dx.doi.org/10.22311/2074-1529-2020-16-2-243-254.
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The article is devoted to the study of the conditions of life of the Sahrawi people who live in refugee camps in Algeria since 1970s due to the Western Sahara conflict. The process of political settlement of the Western Sahara conflict has been de facto suspended, however the situation in the Sahrawi refugee camps remains unstable and requires new solutions and international cooperation. The article provides a historical overview of the emergence of the refugee camps in Tindouf and examines existing mechanisms for international supporting the Sahrawi people. The author tends to analyze activities of the UN system organizations and agencies. Annual events within the framework of the FiSahara Film Festival to support Sahrawi are reported. Particular emphasis is placed on the role of Islam in Sahrawi society and the possibilities to benefit from the Islamic identity of the Sahrawi people to the Islamic cooperation and helping for refugees from Muslimmajority states. It is shown that the authorities of the unrecognized Sahara Arab Democratic Republic (the front POLISARIO) create the image of the secular Sahrawi community to overcome Islamophobia and receive humanitarian aid from a wide range of non-governmental organizations, including Christian and secular ones. At the same time, the true religious component of refugees’ life is hidden from the international community.
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Macaraig, Christine Elizabeth, i Fariz Pradipta Mursyid. "The Plight of Refugees in ASEAN Member Countries". Technium Social Sciences Journal 15 (20.01.2021): 633–46. http://dx.doi.org/10.47577/tssj.v15i1.2520.
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This paper identifies and analyzes the efforts of ASEAN member states in addressing the contemporary threats and hardships experienced by refugees. The situation is further exacerbated by the pandemic brought about by the COVID-19 coronavirus. As an international organization, ASEAN is expected to have a collective and cooperative strategy to address this. However, ASEAN member states do not exhibit large-scale collaborative efforts to resolve the plight of the refugees. Rather, mutual agreements seem to be limited to the host/transit country and the native country of the refugees. Liberal institutionalist theory that emphasizes the function of international institutions to aid multinationals cooperation in certain areas is used to explain ASEAN’s role to deal with the plight of refugees in South East Asia. It is recommended for ASEAN members to re-examine the potential of international relations in securing a safer and sustainable future for refugees.
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Garnier, Adèle. "Arrested Development? UNHCR, ILO, and the Refugees’ Right to Work". Refuge: Canada's Journal on Refugees 30, nr 2 (19.11.2014): 15–25. http://dx.doi.org/10.25071/1920-7336.39615.
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This article contributes to literature assessing power dynamics in the emerging global migration governance. Drawing on Barnett and Finnemore’s analysis of bureaucratic culture in international organizations, it investigates inter-agency cooperation between the Office of the United Nations High Commissioner for Refugees and the International Labour Organization in the promotion of refugees’ right to work in the last two decades. While the mandate and activities of both organizations appear to significantly intersect in the promotion of this right, practical constraints related to states’ diverging interests, differences in institutional structure, and discursive ambivalence in the situation of the refugee worker limit coordination and effectiveness.
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Betts, Alexander. "Institutional Proliferation and the Global Refugee Regime". Perspectives on Politics 7, nr 1 (12.02.2009): 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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Putri, Respati Triana, i Febri Tursandi Ar-Rasyid. "CONCRETIZE THE HANDLING AND PROTECTION OF REFUGEES ACROSS NATIONAL BORDERS IN INDONESIA". Journal of Law and Border Protection 2, nr 2 (17.12.2020): 109–18. http://dx.doi.org/10.52617/jlbp.v2i2.201.
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This paper was written to find out the state of application of international legal instruments regarding refugee cases in a cross-brick country and to find out why there was a flow of refugees across Indonesian borders. By conducting studies in several libraries so that a written paper is created which has several important points, namely first, the State of Indonesia as a developing country does not have to justify the contents of the 1951 convention and the 1967 Protocol, because the Indonesian state has practiced the contents of the international agreements that have been mentioned. And refugees will continue to enter and make Indonesia a transit point to occupy destination countries that have been targeted by refugees. Second, cooperation between the Indonesian government and international institutions such as IOM and UNHCR is believed to be able to solve the problem of refugees which continues to be present in the territory of the State of Indonesia even though in practice it is often problematic in the realm of immigration because there is no governing law in Indonesia or the Indonesian authorities that determine it. Refugee status for those who enter Indonesian territory without holding official letters or documents related to entry into Indonesian territory. Therefore, the Immigration Service classifies them as legal immigrants if they are part of the refugees and cooperate with UNHCR, which is an international institution as a follow-up to determine the status of immigrants.
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Salsabiil, Cinde, Dwi Nuryani i Happy Herlambang. "Immigration Detention Supervision Urgency". Journal of Law and Border Protection 1, nr 1 (28.05.2019): 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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Salehyan, Idean. "Conclusion: What academia can contribute to refugee policy". Journal of Peace Research 56, nr 1 (7.12.2018): 146–51. http://dx.doi.org/10.1177/0022343318812975.
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This conclusion to the special issue highlights the role of scholars in advancing the public discussion about forced migration. As countries around the world are adopting increasing restrictions on the entry of refugees, academic research can help to dispel some of the myths and apprehensions regarding the risks that forced migration entails. While refugees may be linked to conflict and violence in limited circumstances, the research generally demonstrates that robust international cooperation to manage refugee settlements, provide adequate humanitarian assistance, and integrate refugees into host communities, among other policies, can help to mitigate potential risks. Directions for future research and analysis are also discussed. Forced migration scholars should endeavor to collect more individual-level data; seek to understand factors that exacerbate or reduce security risks associated with cross-border militancy; conduct research on the long-term integration of refugees; and seek to understand the causes and consequences of resettlement and repatriation policies.
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Galas, M. L. "European Regional Cooperation in the Rectification of Destructiveness and Criminalisation of Crisis Migration". Humanities and Social Sciences. Bulletin of the Financial University 11, nr 2 (10.04.2021): 23–29. http://dx.doi.org/10.26794/2226-7867-2021-11-2-23-29.
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The article examines political-legal, institutional forms of regional pan-European cooperation to prevent destructiveness and criminalisation of unregulated and international humanitarian migration, refugees. These migration types are crisis, due to unfavourable sociocultural, infrastructure, financial-economic, ethno-social, environmental, political-legal, religious and other factors, harming traditional living environments. The testing of pan-European instruments on crisis migration is analysed on Germany’s example, one of the key recipient countries of the European Union. Promising forms of ordering unregulated and international humanitarian migration, refugees have corresponded with the state migration policy of the Russian Federation.
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Konaszczuk, Wojciech. "The Crisis of Security of an Individual in the European Union in the Context of Refugee Rights". Studia Iuridica Lublinensia 28, nr 1 (8.10.2019): 91. http://dx.doi.org/10.17951/sil.2019.28.1.91-104.
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<p>Globally, it is worth stressing that international law, European law and national laws must fulfill the same standards, considering the human rights laws. Since the end of the Second World War, the sphere of international human rights law, including the set of rights of human beings, increased tremendously. In the sphere of human rights, the set of refugees’ rights is one of the most important. On the other hand, the sphere of human rights since September 11 had to face the problems of security on a global scale. Today, security impacts the governments, international organizations, NGOs as well as human beings. Let us say that security influences both local and global policy. From this point of view, the article analyzes an important question: Is the human rights system able to function properly with the growing lack of security both in international and regional relations? Can the European Union and its Member States afford total acceptance of international refugee rights regulations referring to African natives? The article refers to the facts from the last few years which totally changed the attitude to human rights laws. It seems that today international organizations such as the United Nations and its specialized agencies should again work on the system of human rights referring to refugees, including legal aspects of counterterrorism. The author also takes into account the necessity of cooperation between the governments in a wider scale, including mutual cooperation and legal activity.</p>
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Gammeltoft-Hansen, Thomas. "International Cooperation on Migration Control: Towards a Research Agenda for Refugee Law". European Journal of Migration and Law 20, nr 4 (29.11.2018): 373–95. http://dx.doi.org/10.1163/15718166-12340035.
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Abstract This article sets out by reviewing the interplay between policy and law when it comes to measures aimed at deterring migrants and refugees. The current trend towards international cooperation represents a significant turning point, it is argued, creating important challenges for existing strategies of refugee and human rights lawyers. On this basis, and with a view to recent scholarship, the article explores three different avenues to address the current generation of deterrence. The first involves a step back to re-examine other bases for establishing extraterritorial human rights jurisdiction. Secondly, it is argued that existing efforts to establish state responsibility in the context of deterrence suffer from a Global North bias, and that more attention should be paid to the concurrent responsibility of partner states in regions of transit and origin, as well as the legal structures and litigation possibilities in these jurisdictions. Third and finally, the article makes a plea to move beyond narrow legal analysis in favor of more inter-disciplinary approaches highlighting the wider political and sociological dynamics pertaining to this area.
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Heins, Volker M., i Christine Unrau. "Refugees welcome: Arrival gifts, reciprocity, and the integration of forced migrants". Journal of International Political Theory 14, nr 2 (23.01.2018): 223–39. http://dx.doi.org/10.1177/1755088217753232.
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Against competing political theories of the integration of immigrants, we propose to reframe the relationship between the populations of host countries and arriving refugees in terms of a neo-Maussian theory of gift exchange. Using the example of the European refugee crisis of 2015 and the welcoming attitude of significant parts of German civil society, we argue that this particular situation should be understood as epitomizing the trend toward internal transnationalism. Increasingly, the “international” is becoming part and parcel of the “domestic” sphere. Since Marcel Mauss was concerned with the question of how separate, culturally different communities can establish ties of solidarity and cooperation between each other, we use his work to answer key questions about the relations between international refugees and native citizens in their home countries: What are the expectations underlying gift-giving in the context of welcoming refugees? Should refugees feel obliged to repay the arrival gifts? How should we deal with the normative ambivalence of gift-giving and its potentially humiliating effects on those who receive gifts but are unable to reciprocate? Most importantly, how does gift theory help us to clarify the very concept of integration which is at the heart of recent debates on the ethics of immigration?
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McMillan, Kate, i Sriprapha Petcharamesree. "Towards an asean Model of ‘Responsibility-Sharing’ for Refugees and Asylum-Seekers". Asia-Pacific Journal on Human Rights and the Law 22, nr 1 (2.06.2021): 49–68. http://dx.doi.org/10.1163/15718158-22010005.
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Abstract The Andaman Sea crisis of 2015 focused global attention on asean’s response to mass refugee flows and generated calls for greater regional cooperation to protect the rights and safety of forced migrants. Such calls draw from the concept of ‘responsibility-sharing’; a concept that has long underpinned the international refugee regime. Scholars have responded to this challenge by identifying a range of ways in which asean countries might benefit from sharing responsibility for the refugees and asylum-seekers in their region. Based on interviews with 40 key asean-based actors working on migration and refugee issues across the governmental and non-governmental sectors, this article seeks to understand how the concept of responsibility-sharing for refugee protection is understood in four Southeast Asian countries: Thailand, Malaysia, Indonesia and Singapore. While it finds common agreement among the interviewees that the Andaman Sea crisis was a humanitarian disaster and that existing approaches to refugee issues in the region are ineffective, it also finds little to suggest that a regional approach to refugee issues is likely to develop in the short-to-medium term. On the other hand, interviewees identified a wide range of mechanisms through which bilateral, multilateral and global initiatives might assist the region to deal with refugee and asylum issues. Linking refugee issues with other issues that concern asean Member States and incremental progress towards embedding regional human rights norms via asean human rights institutions are identified as the most fruitful pathways towards regional cooperation to protect refugee rights and safety.
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Raska, Jan. "'Small Gold Mine of Talent': Integrating Prague Spring Refugee Professionals in Canada, 1968-1969". Refuge: Canada's Journal on Refugees 37, nr 1 (18.04.2021): 50–60. http://dx.doi.org/10.25071/1920-7336.40660.
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Following the August 1968 Soviet-led invasion of Czechoslovakia, 11,200 Prague Spring refugees were resettled in Canada. This movement included many experienced professionals and skilled tradespeople. This article examines how these refugees navigated language training and barriers to employment, including professional accreditation, and examines how this experience shaped bureaucratic and public views of refugee integration. The focus of this article is primarily on resettlement and integration efforts in Ontario, since roughly half of the Prague Spring refugees were permanently resettled in the province. The article outlines how, as part of its efforts to help the refu- gees with their economic and social integration, Canadian officials provided assisted passage, initial accommodations, help with securing Canadian employment, and English- or French-language training. Prague Spring refugees navigated professional obstacles, including securing accreditation of their foreign credentials and underemployment in their respective fields. Their successful resettlement and integration depended on intergovernmental cooperation between Canada and its provinces, and the assistance provided by local Czech and Slovak communities across the country.
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Muraszkiewicz, Julia. "A Right to Flee: Refugees, States, and the Construction of International Cooperation". International Journal of Refugee Law 28, nr 3 (październik 2016): 535–37. http://dx.doi.org/10.1093/ijrl/eew050.
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Yushkevych, Volodymur. "Major vectors of cooperation of the War Refugee Board with non-governmental organizations (1944 – 1945)". European Historical Studies, nr 11 (2018): 254–70. http://dx.doi.org/10.17721/2524-048x.2018.11.254-270.
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The article analyzes one of the areas of the operational work of the War Refugee Board, an American governmental agency that emerged at the end of the World War II. The purpose of the new US government structure was to plan and implement relief and rescue actions for Jews and Nazi minorities persecuted in wartime. This organization appeared in early 1944 due to the efforts of the Secretary to the Treasury Henry Morgenthau Jr. and with the support of President Franklin Roosevelt. The WRB complemented the international organizations system on refugees, the active participant of which was the US government. The article shows that during the sixteen months of its existence the researched governmental structure was able to carry out specific tasks in the territory of the neutral and occupied countries as it was subordinated exclusively by the American administration. On the other hand, the WRB appeared more flexible in its operational activities in comparison with International institutions and entities (the Intergovernmental Committee on Refugees and the United Nations Relief and Rehabilitation initiative) which needed overall consensus in decision-making process. It is revealed that the important part of the work of the War Refugee Board was to cooperate with public non-governmental organizations. The range of American Jewish and Christian structures that established close partnership with the War Refugee Board has been identified. Considerable attention is paid to the analysis of the main directions of bilateral cooperation. An important element in the implementation of US aid policy in the European armed forces was the involvement of a number of financial resources licensed by the US Department of Defense, of non-governmental organizations, mainly Jewish. It was reached that financial and diplomatic work in the neutral countries of Europe was an indispensable part of the work of the WRB, which was augmented by the cooperation with agents of non-governmental organizations on the occupied territories.
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Kunapalan, Hemamalani, Norafidah Binti Ismail i Aminurraasyid Bin Yatiban. "The Roles of Non-Governmental Organisations (NGOs) in Assisting Refugees: From Malaysia Context". Malaysian Journal of Social Sciences and Humanities (MJSSH) 5, nr 5 (17.05.2020): 89–94. http://dx.doi.org/10.47405/mjssh.v5i5.401.
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This conceptual paper is to determine the contribution of Non-Governmental Organisations (NGO’s) in Malaysia towards refugees in terms assisting to provide basic accommodation. The main questions in this study is how NGO assisting refugees to access basic facilities in Malaysia. This study also will address the responses and challenges faced by refugees to access basic necessities. NGO’s in Malaysia has various responsibilities in assisting refugees especially issues related to the serious illness and place for settlements. United Nations High Commissioner for Refugees (UNHCR) role in leading NGO’s in Malaysia in providing international protection and long-term solutions with cooperation from government policies will be discussed. Execution of policies and programs has many challenges and limitations which will be discussed in this conceptual paper.
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Ferstman, Carla. "Human Rights Due Diligence Policies Applied to Extraterritorial Cooperation to Prevent “Irregular” Migration: European Union and United Kingdom Support to Libya". German Law Journal 21, nr 3 (kwiecień 2020): 459–86. http://dx.doi.org/10.1017/glj.2020.29.
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AbstractExtraterritorial cooperation—including by providing funds, equipment, training, and technical support—has become central to policies aimed at preventing access of refugees and “irregular” migrants to particular countries and regions. But cooperating countries and international organizations have due diligence obligations under human rights law to take all reasonable steps to ensure that the cooperation they provide does not result in human rights violations, even when the violations are perpetrated extraterritorially by third parties. Consequently, they can become liable for the failure to exercise due diligence to prevent human rights violations from occurring in the receiving states. Also, they may incur responsibility for the resulting acts where they knowingly aided or assisted the receiving state to commit human rights violations with the support provided.International organizations and some states have begun to adopt human rights due diligence policies to assess and mitigate the risks of such cooperation. Using the examples of European Union and United Kingdom support to Libya, this Article analyzes the due diligence policies they have applied to extraterritorial cooperation in the area of border control and the detention of refugees and other migrants. It finds that the policies as implemented have provided only superficial scrutiny and argues that they should be made more robust and transparent. Ultimately, this will help mitigate the human rights risks associated with extraterritorial assistance, and ideally help ensure that assistance contributes to the strengthening of human rights protections in recipient countries.
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Chomariyah, Chomariyah. "NEEDED TO REGIONAL COOPERATION TO COMBAT PEOPLE SMUGGLING IN INDONESIAN WATERS". Hang Tuah Law Journal 1, nr 2 (4.06.2018): 196. http://dx.doi.org/10.30649/htlj.v1i2.30.
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People smuggling is a growing global crime that exposes thousands of migrants to unacceptable risks and challenges the integrity of international borders. In the last two decades, globalization and conflicts have seen an increase international migration flows. People smuggling is not a new phenomenon in Indonesia. It has developed steadily over the last 10 years in response to the increased demands of asylum seekers and refugees attempting to reach Australia by boat. Among the convicted people smuggling organizers are a number of rejected asylum seekers who stayed on in Indonesia for years. Some smugglers are former refugees but now hold Australian citizenship, granted to them after regular resettlement. Indonesia recorded nine boat accidents involving 728 asylum seekers in 2012, while in the following year the number rose to 23 involving 615 victims. Operation Sovereign Borders and they turn-back-the-boats policy from Australia, from December 2013 to March 2014, there were seven occurrences of boats being turned back to Indonesian waters. The result of research show that first, Indonesian government need regional cooperation to handling treated people smuggling in Indonesian waters. Regional cooperation would be a win-win solution for both countries. And second, the regional cooperation should be in line with prevailing Indonesian legislation
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Syahrin, Muhammad Alvi. "PERLINDUNGAN TERHADAP PENCARI SUAKA DAN PENGUNGSI MENURUT HUKUM ISLAM DAN HUKUM INTERNASIONAL (STUDI FILOSOFIS DAN ONTOLOGIS KEILMUAN)". Nurani: Jurnal Kajian Syari'ah dan Masyarakat 19, nr 1 (28.06.2019): 63–76. http://dx.doi.org/10.19109/nurani.v19i1.3156.
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The problem of refugees and the displacement of people in the country is the most difficult problem facing the world community today. Many discussions were held at the United Nations which continued to seek more effective ways to protect and assist these very vulnerable groups. Some people call for increased cooperation and coordination between aid agencies, others point to gaps in international regulations and call for further standards in this field. However, everyone agrees that this problem is a global and global problem. Therefore every approach and solution must be carried out comprehensively and explain all aspects of the problem from the causes of mass exodus to the elaboration of the necessary responses to overcome the range of problems of refugees from emergencies to repatriation. This study will discuss how the basic rules of protection for asylum seekers and refugees according to Islamic law and international law.
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Aldaghestani, Wesam Saheb. "International assistance to the Kingdom of Jordan". Международные отношения, nr 1 (styczeń 2020): 30–40. http://dx.doi.org/10.7256/2454-0641.2020.1.30891.
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This article discusses the questions of providing assistance by foreign countries and international organizations to the Kingdom of Jordan. Jordan is in the grip of Syrian crisis reflected in arrival of a significant number of refugees. This, in turn, affects the deterioration of the economic situation and security in the state. Jordan has received assistance from the Gulf Cooperation Council that played a key role in aiding Jordan during the local protests. The article uses the content analysis for declarations of Jordan, initiated by the Ministry of International Cooperation; as well as complex approach towards understanding an international subject that greatly contributes to this assistance. It is concluded the most assistance is provided by the United States and the neighboring Arab countries, which influences the political views of Jordan upon regional crucial problems. At the same time, Jordan faces financial deficit that led to organization of local demonstration on the Kingdom and put the Jordanian government into a situation of serious crisis.
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Pavelyeva, E. A., i R. Kh Paytyan. "Implementation of the Norms of International Law on the Legal Status of Refugees into the Legislation of the Russian Federation and the Mechanism for their Implementation". Siberian Law Herald 1 (2021): 106–11. http://dx.doi.org/10.26516/2071-8136.2021.1.106.
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The analysis of the application of the norms of international law in relation to the establishment of the legal status of refugees, their protection, granting of asylum in the Russian legal system is carried out. Conclusions are drawn about the inconsistency of some norms of national law with universal norms. Problems are identified at the term level. The necessity of supplementing the concept of «refugee» with new categories and features, such as armed conflicts in the country of habitual residence, is substantiated. In support of this thesis, an overview of Russian judicial practice is given. It is concluded that from a legal point of view, both at the universal and at the national levels, a very effective system of assistance to refugees has developed. However, in practice, when the need arises to implement such norms, numerous difficulties arise. It is recommended to solve these problems by eliminating the inconsistency of norms at different levels. The 1951 Convention has ceased to meet the needs and realities of the modern world order. The need to revise the entire system of norms in this area, and the implementation of innovations in national laws is revealed. The role of cooperation between the Office of the UN High Commissioner for Refugees and the national departments of the Russian Federation is analyzed, and the significant role of the Agency in improving the legislative framework of the Russian Federation is indicated. It is recommended to develop mandatory rules regarding the procedure for granting refugee status. It is proposed to give more legal force to the New York Declaration adopted in 2016, which fully fills the gaps in this area, but at the moment it is only advisory in nature. The tightening of the rules for granting legal status to refugees as a result of the analysis of current trends in the migration policy of Russia is revealed. It is recommended to find a balance of interests in terms of the ratio of the principles of sovereignty and respect for human rights and freedoms.
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Caron, Hallee. "Refugees, readmission agreements, and 'safe' third countries: A recipe for refoulement?" Journal of Regional Security 12, nr 2 (2017): 27–50. http://dx.doi.org/10.11643/issn.2217-995x171spc79.
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As states in the global North have adapted to the changing nature of irregular immigration through the adoption of legal instruments such as readmission agreements, academics in international relations (IR) and international law as well as human rights organizations have responded by critiquing failed attempts at refugee protection, putting forward their own frameworks, and documenting human rights violations and/or breaches of international law. Drawing upon Jennifer Hyndman and Alison Mountz's argument that current policies contribute to the externalization of asylum as well as Alexander Betts's work on cross-persuasion, this paper argues that readmission agreements with 'safe third country' clauses are inherently problematic in terms of refugee protection. Specifically, it examines the 1992 Readmission Agreement between Spain and Morocco as a way to investigate how these agreements work in practice as well as an illustration of how the North-South impasse (identified by Betts) is reified in international law. Focusing on readmission agreements with safe third country clauses and supplementing academic research on treaty interpretation and international law with analysis by policy experts and reports from human rights organizations, the analysis considers the consequences of third- party readmission agreements with regards to international cooperation on refugee protection.
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Stückelberger, Ch. "Post-corona World: Balancing International Cooperation and National Sovereignty". Journal of Law and Administration 16, nr 2 (26.06.2020): 10–17. http://dx.doi.org/10.24833/2073-8420-2020-2-55-10-17.
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Introduction. National governments play a key role in the Covid-19 Pandemic as they have to lead the national policy, under emergency law. This is the opposite of the globalization boom since the 1990s after the end of the bi-polar world, where many predicted and expected that national governments will no more be important as the global economy will be run by international companies and globalized markets. What is in the post-corona world the relation between national sovereignty and international cooperation? How much cooperation is needed just under the global threat of the pandemic?Materials and methods. This article is based on my presentation at the MGIMO International Conference on 25 May on “Pandemic as a motor of transformation» and on an extensive research over several years on the ethical concept of balancing opposite values, under the term Globalance [3], and applying this concept to thirty sectors of society, in the perspective of the experiences and new realities after the Covid-19 pandemic. The method is classical ethical decision making [See: 4] with a combination of collecting empirical data from social sciences (here only few) and normative orientation on fundamental values, based on philosophical and theological ethical concepts and principles (justifications not elaborated in detail in the article).Study results. The study focusses on the two values freedom and solidarity as value-poles with the ethical goal to show their relationality and balance them. These two values are applied to the poles of international cooperation and national sovereignty.Сonclusion. The Covid-19 pandemic shows the importance of sovereign national governments in handling such a pandemic within its territory and its shows the crucial global cooperation and strong respective multilateral institutions and mechanisms such as the WHO, but also ILO, UNCTAD, migration and refugees organisations, International Telecommunication Union ITU and financial institutions such as IMF and World Bank. A key aspect of Globalance is also the balance between national cybersovereignty and international cooperation for cybersecurity by fighting cybercrime.
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Kristin, Debby, i 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, nr 1 (30.01.2021): 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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Belloni, Milena. "Learning How to Squat: Cooperation and Conflict between Refugees and Natives in Rome". Journal of Refugee Studies 29, nr 4 (1.11.2016): 506–27. http://dx.doi.org/10.1093/jrs/few033.
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Garito, Maria Amata. "Uninettuno University for Refugees: a Model of Network for an Education without Boundaries". Advances in Social Sciences Research Journal 7, nr 10 (6.11.2020): 454–66. http://dx.doi.org/10.14738/assrj.710.9168.
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In the European countries, and especially in Italy, one of the hardest challenges we are facing these days is the escalating crisis of migrants and refugees coming from the Arab World and Sub-Saharan Africa countries. The history of universities tells us that the first Universities realized a networked model in which students shaped their own study path, moving from one institution to another across Europe in order to attend the lectures by the best lecturers from different Universities. The Medieval higher education system, therefore, acted as a bridge between different cultures, fostering knowledge exchange, sharing and construction based on a networked organizational model, and an educational model promoting discussions and debates (questio and disputatio). Nowadays, ICT technologies, and above all the Internet, allow Universities to re-create a network of knowledge and of students and professors, sharing experiences and competences from different social and cultural backgrounds. The International Telematic University UNINETTUNO developed and implemented an internalization model and a psycho-pedagogic model, whose main characteristics are described in this paper, promoting the collaboration among Universities from the United States, Europe, Asia and above all from the Arab World Countries. Through this collaborations, UNINETTUNO developed the first higher education portal in the world which is available in 5 languages (Italian, English, French, Arabic and Greek), enrolled students from 168 countries of the world. The success of these international cooperation activities inspired UNINETTUNO in the creation of an Internet-based portal (The University for Refugees — Education without Boundaries, that will be presented in this paper) allowing refugees and migrants to access the University for free from any place across the world, providing services like: Recognition of the study title, Recognition of Professional Skills, Language Learning courses, Health Services, Mutual Rights and Duties. This initiative, launched in 2016, became a true laboratory of intercultural and interlingual communication that promotes a truly effective model of cooperation and inclusion with refugees and students from different parts of the world.
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Lavenex, Sandra. "The UN Global Compacts on Migration and Refugees". Global Governance: A Review of Multilateralism and International Organizations 26, nr 4 (23.11.2020): 673–96. http://dx.doi.org/10.1163/19426720-02604009.
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Abstract As process-oriented, inclusive, legally nonbinding frameworks deemed to promote cooperation in the pursuit of agreed objectives, the Global Compacts for Migration and Refugees adopted in December 2018 introduce modes of experimentalist governance in fields where states have hitherto opposed (new) multilateral commitments. This article retraces the introduction of experimentalist elements in the compacts’ architecture and critically discusses their potential and limits in such contested policy fields. It concludes that given the depth of normative and distributive conflicts, the compacts are unlikely to generate substantive innovation, as experimentalist theory would suggest. They may, however, help to counter the erosion of existing commitments.
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Klug, A. "Strengthening the Protection of Migrants and Refugees in Distress at Sea through International Cooperation and Burden-Sharing". International Journal of Refugee Law 26, nr 1 (1.03.2014): 48–64. http://dx.doi.org/10.1093/ijrl/eeu008.
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Handayani, Dwi Wahyu. "Penanganan Penyelundupan Manusia Di Wilayah Pesisir Provinsi Lampung". Andalas Journal of International Studies (AJIS) 8, nr 1 (29.06.2019): 88. http://dx.doi.org/10.25077/ajis.8.1.88-103.2019.
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Coastal Lampung is one of the areas visited by immigrant, the asylum seekers, before heading to the destination country. They come from Afghanistan, Bangladesh, Myanmar, Pakistan, Sudan, and Somalia. Immigrants left their home countries because of conflict and socio-economic conditions. The concept of maritime development must pay attention to the social security aspect of illegal immigrants, and people smuggling. The specific purpose of this study is to get a development model for cooperation in handling human smuggling in the Lampung Coastal Region. This study uses the Lani Kass formula regarding non traditional security threats. From the formula, the researcher will explain the descriptive qualitative method of three aspects, such as vulnerability, the intention of the foreigners’s arrival and state capabilities. The result of this study shows that there is already a model of cooperation for handling people smuggling in Lampung, including to reach the coastal areas. Inter-party cooperation coordinated by the Ministry of Political, Legal and Security Coordination involves up to the regional government. The efforts to handle people smuggling in Lampung was intense around 2008 and faded around 2015. There was a dependency from the part of the regional government on the central government's budget and programs, and cooperation initiated by the central government with international organizations such as IOM, UNHCR and the destination countries of the refugees. The increasing cases have not been responded to by the government with adequate regulation and handling efforts. Indonesia has not signed a refugee convention, also affects the absence of regional regulations regarding people smuggling. Key words: People Smuggling, Vulnerability, Intention, State Capabilities, Local Government
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Blondin, Donald, i Arjen Boin. "Cooperation in the Face of Transboundary Crisis: A Framework for Analysis". Perspectives on Public Management and Governance 3, nr 3 (21.01.2020): 197–209. http://dx.doi.org/10.1093/ppmgov/gvz031.
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Abstract The nation state is discovering the limits of its crisis management capacities. The Ebola and Zika outbreaks, the financial crisis, the downing of flight MH17 over Ukraine, sinking ships overfilled with refugees, cyber-attacks, urban terrorism and existential environmental threats serve as strong reminders of the complex origins and transboundary dimensions of many contemporary crises and disasters. As these transboundary aspects of modern crises become increasingly manifest, the need for international, collaborative responses appears ever clearer. But that collaboration does not always emerge in time (or at all). Even in the European Union, which has various transboundary crisis management mechanisms in place, the willingness to initiate joint crisis responses varies. This observation prompted our research question: Why do states collaborate in response to some transboundary crises but not others? We bring together the crisis and collective action literatures to formulate a theoretical framework that can help answer this question. This article identifies crucial factors that facilitate a possible pathway toward a joint response.
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Elie, Jérôme. "The Historical Roots of Cooperation Between the UN High Commissioner for Refugees and the International Organization for Migration". Global Governance: A Review of Multilateralism and International Organizations 16, nr 3 (19.12.2010): 345–60. http://dx.doi.org/10.1163/19426720-01603005.
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Yavuz, Ömer, i Sefa Mızrak. "Acil Durumlarda Okul Çağındaki Çocukların Eğitimi: Türkiye’deki Suriyeli Mülteciler Örneği". Göç Dergisi 3, nr 2 (4.10.2016): 175–99. http://dx.doi.org/10.33182/gd.v3i2.578.
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Acil durumlar, toplumdaki bütün insanları etkilemekle birlikte özellikle çocuklar, bu olayların olumsuz etkilerinden görece çok daha fazla etkilenmektedir. Çocukların başa çıkma kapasiteleri yetişkinlerde olduğu gibi tam anlamıyla gelişmediği için acil durum sonrasında ortaya çıkan kaotik duruma adapte olmaları daha zor olmaktadır. Dahası acil durumlar, çocukların gelecek yaşantılarını doğrudan etkileyen eğitim faaliyetlerinin aksamasına yol açabilir. Bu nedenle eğitim konusu afet yönetimi politika ve uygulamaları açısından göz önünde bulundurulması gereken önemli bir husustur. Özellikle savaş ya da iç karışıklıklar nedeniyle yaşadığı yeri terk ederek başka bir bölge veya ülkeye sığınan kişilerin eğitimi çok daha karmaşık bir sorun oluşturmaktadır. Bu çalışmanın amacı acil durum yönetimi perspektifinden mültecilere yönelik yapılan eğitim yardımlarını incelemek ve bu bağlamda Türkiye'deki Suriyeli mültecilere yapılan eğitim yardımlarını eleştirel bir bakış açısıyla değerlendirmektir. Okul çağındaki mültecilerin eğitimine yönelik uygulamalar, acil durumlarda eğitim ve eğitim hakkı literatüründen yararlanılarak Türkiye'deki Suriyeli mülteciler örneğinde incelenmiştir. Türkiye, mültecilerin eğitimi için öğretmen desteğinden okul yapımına kadar birçok yardım gerçekleştirmektedir. Buna rağmen çok sayıda okul çağındaki mülteci çocuk eğitime erişememektedir. Suriyeli mülteciler için eğitim açısından görülen iki temel sorun vardır. Birincisi, yerinden edilmişliğin doğal bir sonucu olan fakirliktir. İkincisi ise geçerliliği olan diplomaların verilememesidir. Sorunların çözümü için hükümetler, uluslararası kuruluşlar ve sivil toplum kuruluşları arasındaki işbirliği ve koordinasyonun artırılması gerekmektedir.Anahtar Kelimeler: Acil durum, Eğitim, Eğitim yardımı, Mülteci, SığınmacıEducation of School-age Children in Emergencies: The Case of Syrian Refugees in TurkeyAbstractEmergencies affect all people in society, but especially children are relatively much more effected from adverse effects of these events. Because, unlike adults, children’s coping capacities are not yet fully developed. Thus it is more diffucult for children to adapt to the chaotic aftermath of an emergency situation. Moreover emergencies can cause distruption in education which directly affect their future. Hence, education is an important issue to be taken into consideration in terms of disaster management policies and practices. Education of refugees constitutes a much more complex problem. This study aims to examine the educational assistance offered to refugees from an emergency perspective and to evaluate the educational assistance provided for Syrian refugees in Turkey. Policy and practices for the education of school-age Syrian refugees in Turkey have been examined with reference to emergency and right to education literature. Turkey aids refugees in many ways including providing teachers to school construction for education of refugees. However, a large number of school-age refugees still have no access to education. There are two basic problems in education of Syrian refugees: First is poverty which is a direct result of becoming a refugee. The second is unrecognised education certificates. To address these problems, there is need for increased cooperation and coordination between governments, international organizations and non-govermental organizations.
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Kanstroom, Daniel. "The “Right to Remain Here” as an Evolving Component of Global Refugee Protection: Current Initiatives and Critical Questions". Journal on Migration and Human Security 5, nr 3 (wrzesień 2017): 614–44. http://dx.doi.org/10.1177/233150241700500304.
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This article considers the relationship between two human rights discourses (and two specific legal regimes): refugee and asylum protection and the evolving body of international law that regulates expulsions and deportations. Legal protections for refugees and asylum seekers are, of course, venerable, well-known, and in many respects still cherished, if challenged and perhaps a bit frail. Anti-deportation discourse is much newer, multifaceted, and evolving. It is in many respects a young work in progress. It has arisen in response to a rising tide of deportations, and the worrisome development of massive, harsh deportation machinery in the United States, Germany, the United Kingdom, France, Mexico, Australia, and South Africa, among others. This article's main goal is to consider how these two discourses do and might relate to each other. More specifically, it suggests that the development of procedural and substantive rights against removal — as well as rights during and after removal — aids our understanding of the current state and possible future of the refugee protection regime. The article's basic thesis is this: The global refugee regime, though challenged both theoretically and in practice, must be maintained and strengthened. Its historical focus on developing criteria for admission into safe states, on protections against expulsion (i.e., non-refoulement), and on regimes of temporary protection all remain critically important. However, a focus on other protections for all noncitizens facing deportation is equally important. Deportation has become a major international system that transcends the power of any single nation-state. Its methods have migrated from one regime to another; its size and scope are substantial and expanding; its costs are enormous; and its effects frequently constitute major human rights violations against millions who do not qualify as refugees. In recent years there has been increasing reliance by states on generally applicable deportation systems, led in large measure by the United States' radical 25 year-plus experiment with large-scale deportation. Europe has also witnessed a rising tide of deportation, some of which has developed in reaction to European asylum practices. Deportation has been facilitated globally (e.g., in Australia) by well-funded, efficient (but relatively little known) intergovernmental idea sharing, training, and cooperation. This global expansion, standardization, and increasing intergovernmental cooperation on deportation has been met by powerful — if in some respects still nascent — human rights responses by activists, courts, some political actors, and scholars. It might seem counterintuitive to think that emerging ideas about deportation protections could help refugees and asylum seekers, as those people by definition often have greater rights protections both in admission and expulsion. However, the emerging anti-deportation discourses should be systematically studied by those interested in the global refugee regime for three basic reasons. First, what Matthew Gibney has described as “the deportation turn” has historically been deeply connected to anxiety about asylum seekers. Although we lack exact figures of the number of asylum seekers who have been subsequently expelled worldwide, there seems little doubt that it has been a significant phenomenon and will be an increasingly important challenge in the future. The two phenomena of refugee/asylum protections and deportation, in short, are now and have long been linked. What has sometimes been gained through the front door, so to speak, may be lost through the back door. Second, current deportation human rights discourses embody creative framing models that might aid constructive critique and reform of the existing refugee protection regime. They tend to be more functionally oriented, less definitional in terms of who warrants protection, and more fluid and transnational. Third, these discourses offer important specific rights protections that could strengthen the refugee and asylum regime, even as we continue to see weakening state support for the basic 1951/1967 protection regime. This is especially true in regard to the extraterritorial scope of the (deporting) state's obligations post-deportation. This article particularly examines two initiatives in this emerging field: The International Law Commission's Draft Articles on the Expulsion of Aliens and the draft Declaration on the Rights of Expelled and Deported Persons developed through the Boston College Post-Deportation Human Rights Project (of which the author is a co-director). It compares their provisions to the existing corpus of substantive and procedural protections for refugees relating to expulsion and removal. It concludes with consideration of how these discourses may strengthen protections for refugees while also helping to develop more capacious and protective systems in the future. “Those guarantees of liberty and livelihood are the essence of the freedom which this country from the beginning has offered the people of all lands. If those rights, great as they are, have constitutional protection, I think the more important one — the right to remain here — has a like dignity.” Supreme Court Justice William O. Douglas, 19522 “We need a national effort to return those who have been rejected … and we are working on that at the moment with great vigor.” Angela Merkel, October 15, 20163
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Kvashnin, Yuri. "EUROPEAN CITIES AS MIGRATION POLICY ACTORS". Contemporary Europe, nr 100 (31.12.2020): 105–16. http://dx.doi.org/10.15211/soveurope72020105116.
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The article examines the urban dimension of cross-border migration to the EU countries and the role of cities in the political, economic and socio-cultural integration of labor migrants and refugees. Faced with a sharp increase in migration flows, municipal administrations are forced to develop their own ways of responding to the migration challenge, which in some cases contradict the policies implemented at the national level. The main typological models of migration governance are considered. The key factors affecting urban approaches are identified, such as the nature and dynamics of migration flows, the distribution of competences between the central and local administrations, the balance of various actors in urban politics – municipal authorities, opposition parties and movements, civil society organizations. Particular attention is paid to the development of intercity cooperation in the field of migration, aimed at sharing experiences and best practices, providing mutual assistance in the resettlement of refugees, as well as joint lobbying of urban interests at the supranational level.
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Kvashnin, Yuri. "European Cities as Migration Policy Actors". Contemporary Europe 100, nr 7 (31.12.2020): 101–12. http://dx.doi.org/10.15211/soveurope72020101112.
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The article examines the urban dimension of cross-border migration to the EU countries and the role of cities in the political, economic and socio-cultural integration of labor migrants and refugees. Facing a sharp increase in migration flows, municipal administrations are forced to develop their own tools to tackle the migration challenges, which in some cases contradict the policies implemented at the national level. The main typological models of migration governance are considered. The key factors affecting urban approaches are identified, such as the nature and dynamics of migration flows, the distribution of competences between the central and local administrations, the balance of various actors in urban politics – municipal authorities, opposition parties and movements, civil society organizations. Particular attention is paid to the development of intercity cooperation in the field of migration, aimed at sharing experiences and best practices, providing mutual assistance in the resettlement of refugees, as well as joint lobbying of urban interests at the supranational level.
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Nagy, Boldizsár. "Hungarian Asylum Law and Policy in 2015–2016: Securitization Instead of Loyal Cooperation". German Law Journal 17, nr 6 (1.11.2016): 1033–82. http://dx.doi.org/10.1017/s2071832200021581.
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The study describes Hungary's policy towards asylum seekers and refugees in the tense period of 2015–2016 before and after the erection of fences at its southern borders of Hungary. It offers a theoretical explanation of the legal measures and practical actions. After briefly reviewing the factual basis, that is the magnitude of the movements and the number of decisions taken in the EU and in Hungary and the pertinent legal changes in 2015–2016 it elaborates the theoretical fundaments. Securitization majority identitarian populism and crimmigration are invoked as explanatory frames. The paper then reassembles the factual elements under six headings showing them in a new light. These are: denial, deterrence, obstruction, punishment, free riding constituting lack of solidarity and breaching the law (international, European, domestic). Finally the question is raised if all these moves are compatible with the duty of loyal cooperation of Member States with each-other and the EU as prescribed by article Article 4 (3) TEU.
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Zayzda, Nurul Azizah, i Sri Wijayanti. "Negara Maritim Indonesia, Migrasi Tidak Teratur, dan Hak Pengungsi Lintas Batas". Insignia Journal of International Relations 3, nr 02 (18.11.2016): 48. http://dx.doi.org/10.20884/1.ins.2016.3.02.472.
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AbstrakMakalah ini membahas kebijakan Indonesia sebagai sebuah negara maritim dalam menghadapi persoalan migrasi tidak teratur, khususnya disini yang berdampak pada pencari suaka dan pengungsi lintas batas. Isu migrasi tidak teratur masih merupakan persoalan yang dihadapi oleh negara maritim yang memiliki akses terbuka berupa laut yang menjadi jalur utama perjalanan migran menuju negara tujuan. Sebagai negara yang terletak di jalur pelayaran utama dunia, di tengah tengah benua Australia dan Asia, Indonesia seringkali dihadapkan pada persoalan ini dimana Indonesia menjadi jalur atau negara transit pengungsi dan pencari suaka yang kebanyakan datang dari wilayah Timur Tengah dan Asia Selatan. Menurut data UNHCR, saat ini terdapat sekitar 13 ribu pengungsi dan pencari suaka di Indonesia, dan jumlah ini meningkat dari tahun-tahun sebelumnya. Indonesia sebagai negara maritim memiliki prinsip bahwa kepulauan dan kelautan Indonesia merupakan satuan pertahanan dan keamanan Indonesia (Zen, 2000, dikutip dari Geomagz, 2016). Namun penting untuk lebih jauh melihat bagaimana prinsip ini memandang hak asasi manusia dalam isu krisis kemanusiaan seperti pengungsi lintas batas dan pencari suaka. Makalah ini bertujuan untuk menjelaskan bagaimana karakter kemaritiman yang diambil Indonesia berpengaruh terhadap cara Indonesia menyikapi pengungsi lintas batas yang melakukan perjalanan dengan penyelundupan manusia. Makalah ini dibatasi lebih lanjut kepada bentuk kerjasama internasional untuk menangani penyelundupalajan manusia yang diinisiasi oleh atau melibatkan Indonesia. Dari sini kemudian ditarik kesimpulan mengenai hambatan pemenuhan hak pengungsi lintas batas dalam sistem internasional yang berdasarkan kedaulatan negara-bangsa.Kata-kata kunci: negara maritim, penyelundupan manusia, hak-hak pengungsi lintas batas, pencari suaka.
AbstractThis paper discusses the policy of Indonesia as a maritime country in addressing the issue of irregular migration, especially that impact on asylum seekers and refugees. The issue of irregular migration is still faced by maritime nations that have open access in the form of sea which became the main route of migrant journey to the destination country. As a country located in the world's major shipping lanes, in the middle of the continent of Australia and Asia, Indonesia is often faced with this problem given that Indonesia is a transit country of refugees and asylum seekers mostly from the Middle East and South Asia. According to data from UNHCR, there are currently about 13 thousand refugees and asylum seekers in Indonesia, and this number increased from previous years. Indonesia as a maritime country has a principle that Indonesia is an archipelago while maritime is part of its defense and security unit (Zen, 2000, cited from Geomagz, 2016). However it is important to further see how this principle oversees the issue of human rights in humanitarian crises such as refugees and asylum seekers.This paper aims to explain how the maritime character of Indonesia affects its ways to address refugee travel with people smuggling. This paper is further limited to the forms of international cooperation to tackle human smuggling initiated by or involving Indonesia. The obstacles to meet the refugee rights in the international system that is based on the sovereignty of the nation-state is then concluded.
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Mearsheimer, John J. "Bound to Fail: The Rise and Fall of the Liberal International Order". International Security 43, nr 4 (kwiecień 2019): 7–50. http://dx.doi.org/10.1162/isec_a_00342.
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The liberal international order, erected after the Cold War, was crumbling by 2019. It was flawed from the start and thus destined to fail. The spread of liberal democracy around the globe—essential for building that order—faced strong resistance because of nationalism, which emphasizes self-determination. Some targeted states also resisted U.S. efforts to promote liberal democracy for security-related reasons. Additionally, problems arose because a liberal order calls for states to delegate substantial decisionmaking authority to international institutions and to allow refugees and immigrants to move easily across borders. Modern nation-states privilege sovereignty and national identity, however, which guarantees trouble when institutions become powerful and borders porous. Furthermore, the hyperglobalization that is integral to the liberal order creates economic problems among the lower and middle classes within the liberal democracies, fueling a backlash against that order. Finally, the liberal order accelerated China's rise, which helped transform the system from unipolar to multipolar. A liberal international order is possible only in unipolarity. The new multipolar world will feature three realist orders: a thin international order that facilitates cooperation, and two bounded orders—one dominated by China, the other by the United States—poised for waging security competition between them.
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Kysel, Ian M., i Chantal Thomas. "The Contested Boundaries of Emerging International Migration Law in the Post-Pandemic". AJIL Unbound 114 (2020): 349–53. http://dx.doi.org/10.1017/aju.2020.67.
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One measure of how and whether the COVID-19 pandemic reshapes the emerging field of international migration law will be the extent to which transnational civil society and activist movements can counteract the intensification of state border controls that the pandemic has triggered. Before the pandemic, transnational efforts to establish a new normative framework for migration seemed to be accelerating. These efforts included new, if non-binding, global compacts on refugees and migration, and new, if modest, efforts at facilitating global cooperation, alongside innovative approaches to scholarly engagement. Such developments arguably contributed to an emerging framework for protecting migrants under international law. Has the pandemic defeated this potential? State responses to the pandemic have eschewed multilateralism, brought migration to a near standstill, and ignored well-established human rights obligations. Moreover, states are poised to deploy a range of new border management technologies and even more assertively manage migration in the name of “health proofing” borders. Yet at the same time, some progressive state practices have emerged alongside a call from the UN Secretary-General to “reimagine human mobility for the benefit of all.” In this essay, we chart some areas of potentially progressive expansion beyond the status quo, noting not only the substance but also the process by which these norms are emerging.
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Schon, Justin. "A Right to Flee: Refugees, States, and the Construction of International Cooperation. By Phil Orchard. Cambridge: Cambridge University Press, 2016. 312p. $31.99." Perspectives on Politics 15, nr 4 (20.11.2017): 1200–1201. http://dx.doi.org/10.1017/s153759271700264x.
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van Dessel, Julia. "International Delegation and Agency in the Externalization Process of EU Migration and Asylum Policy: the Role of the IOM and the UNHCR in Niger". European Journal of Migration and Law 21, nr 4 (26.11.2019): 435–58. http://dx.doi.org/10.1163/15718166-12340060.
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Abstract This article examines the role of the International Organization for Migration (IOM) and the United Nations High Commissioner for Refugees (UNHCR) in the implementation of the European Union (EU) migration and asylum policy in Niger. Building on policy analysis and qualitative interviews with stakeholders, it contributes to the literature on the externalization process of EU borders. The first part of the article focuses on the international and local context in which this process has taken place in Niger since 2015. The second part refers to the principal-agent (PA) theory inspired from economics to model the dynamics of the delegation relationships linking the European Commission (EC) to the IOM and the UNHCR in Niger. It is argued that the two main objectives pursued by the EU through the externalization of its migration and asylum policy—namely the offshoring of border control and the outsourcing of asylum claims processing—are respectively fulfilled by the IOM and the UNHCR in Niger. As such, this article highlights how the cooperation of International Organizations (IOs) is critical to enable the EU to filter and restrict human mobility from the Sahel region.
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Gill, Nick. "The suppression of welcome". Fennia - International Journal of Geography 196, nr 1 (27.05.2018): 88–98. http://dx.doi.org/10.11143/fennia.70040.
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One way to interpret the organisation of refugee welcome in Europe is by thinking about the tension between the official response and the grassroots response to the events. This tension has evolved in different ways in different countries, but in general it is possible to distinguish between a bureaucratic tendency to abstract welcome into a specific problem or policy domain, and a different, often opposite, tendency to welcome in spontaneous, solidaristic and autonomous ways. Starting from the premise that welcome necessarily entails more than simply permitting entry and is inherently emotional and relational, this lecture explores a series of questions. How can genuine, spontaneous welcome be preserved under the pressure of statist and nationalistic logics and demands? How can we hold onto welcome as something meaningful when it seems to be under attack from not only right-wing nationalists and factions that draw spurious connections between refugees and security threats, but also the very architecture of bureaucracy? What relationship does welcome share with legalistic logics and practices? To what extent can welcomers and welcoming initiatives be supported by international cooperation, global organisational and communication systems, and resource-gathering mechanisms? And what role can research play in improving our understanding of welcome? By raising these questions the lecture aims to initiate a discussion about the nature, practicalities and possible futures of welcome in geography and the social sciences more broadly.
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Genina, Víctor. "Proposals for the Negotiation Process on the United Nations Global Compact for Migration". Journal on Migration and Human Security 5, nr 3 (wrzesień 2017): 682–93. http://dx.doi.org/10.1177/233150241700500307.
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On September 19th, 2016, the United Nations (UN) General Assembly adopted Resolution 71/1, the text of the New York Declaration for Refugees and Migrants (the “New York Declaration”). Resolution 71/1 is the outcome document of the high-level plenary meeting on addressing large movements of refugees and migrants, held at the UN headquarters. The New York Declaration reflects how UN member states have decided to address the challenge of large movements of people in two main legal categories: asylum seekers/refugees and migrants. Resolution 71/1 includes an annex titled “Towards a Global Compact for Safe, Orderly and Regular Migration” (the “global compact for migration” or “global compact”). This document is comprised of several thematic issues related to international migration that will be the basis of a globally negotiated agreement on how member states should respond to international migration at the national, regional, and international levels, as well as to issues related to international migration and development. The global compact for migration is intended to be adopted at a conference on international migration and development before the inauguration of the 73rd annual session of the UN General Assembly in September 2018. This paper addresses how UN member states should plan to address international migration in the future. It does not refer to refugees and asylum seekers: a global compact on refugees will be drafted by the United Nations High Commissioner for Refugees (UNHCR) in 2018, and to be presented to the UN General Assembly for states' consideration during its 73rd annual session, which starts in September 2018.1 For those who have been involved in migration issues within the United Nations, the fact that member states have finally agreed to convene an international conference on international migration represents a major achievement. It is the result of an extended process that started decades ago and was made possible by a long chain of efforts by many state delegations and other stakeholders. The global compact for migration will not be the first outcome document dealing exclusively with international migration. A declaration2 adopted at a high-level meeting at the United Nations in October 2013, for example, paved the way for the 2018 conference. Nonetheless, the global compact represents a unique opportunity to address international migration comprehensively and humanely. This paper contributes to the discussion on the elements that should be included in the global compact for migration. The paper is divided into two sections. The first section analyzes the main elements of Annex II, “Towards a Global Compact for Safe, Orderly and Regular Migration,” and the criteria that needs to be adopted in order to achieve a substantive outcome. In particular, participants in the negotiation process should aim to balance the concerns of states and the members of host societies, on one hand, with the needs and rights of migrants, on the other. The second section includes proposals to enrich the final global compact for migration and takes into account two documents written by two different actors within the UN system, the Special Representative of the Secretary-General on Migration, and the Special Rapporteur on the Human Rights of Migrants. In particular, the paper proposes that the global compact for migration: • sets forth principles that can inform the actions of governments in relation to international migration at all levels; • enunciates a clearer definition of state protection responsibilities in relation to migrants in crisis situations and so-called “mixed flows”3; affords a substantive role to civil society organizations, the private sector, and academic institutions in the global compact's follow-up and review process; • defines the institutional framework for the implementation and follow-up of the global compact within the United Nations, including through the work of the UN High-level Political Forum on Sustainable Development (HLPF); • establishes a mechanism to fund migration policies for states that lack enough resources to invest sufficiently in this task; and • builds a cooperation-oriented, peer-review mechanism to review migration policies. The paper has been conceived as an input for those who will take part in the negotiation of the global compact for migration, as well as those who will closely follow those negotiations. Thus, the paper assumes a level of knowledge on how international migration has been addressed within the United Nations during the last several years and of the complexities of these negotiation processes. The author took part in different UN negotiation processes on international migration from 2004 to 2013. The paper is primarily based on this experience.4
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Karageorgiou, Eleni. "The Distribution of Asylum Responsibilities in the EU: Dublin, Partnerships with Third Countries and the Question of Solidarity". Nordic Journal of International Law 88, nr 3 (29.08.2019): 315–58. http://dx.doi.org/10.1163/15718107-08803003.
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Because of the scale of global displacement, in particular from Syria, the European Union (EU) has stressed the need to work on an effective asylum and immigration policy through more robust forms of cooperation internally, between Member States, and externally, with third countries. This contribution investigates the extent to which the EU rules for distributing asylum responsibilities genuinely address the requirement of solidarity set out in EU law. It focuses on the Dublin system, which forms the main intra-EU responsibility allocation mechanism, and on the EU–Turkey partnership as an external mechanism. It suggests that instead of relieving countries that have disproportionate protection responsibilities and guaranteeing protection for every individual in need, such practices achieve the opposite. They ensure that overburdened countries remain the main protection providers and that the movement of refugees is strictly managed. This leads to the debasement of the right to asylum contrary to international and European law.
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Lukic, Vesna. "Relations between information and communication technologies and international migration". Stanovnistvo 55, nr 2 (2017): 53–68. http://dx.doi.org/10.2298/stnv170505004l.
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The paper focuses on the topic of the impact of Information and Communication Technologies (ICT) on the international migration phenomenon According to the discussed literature, there is an impression that ICTs change the essence of migration and monitoring of migration flows. It also suggests that migration and migrants? needs shape the development of ICT services intended to them, but they also shape the content of social media. The impact of new technologies on international migration (before migration, during migration and upon arrival in the country of destination) has been discussed through an overview of empirical research findings in Serbia and other countries. In this context, the ICT users relevant to the migration process (individuals and interest groups) have been more closely determined and discussed, the aspects of the relations between ICTs and migration have been highlighted, as well as their implications for individuals and society. The considered aspects of relations of ICTs and international migration at different stages of the migration process and their severe implications for individuals and society, in our opinion, point to the need for cooperation of users of information and communication technologies relevant to the migration process in different domains ? the spheres of influence of ICTs. We believe that is how the potential of ICTs will be exploited in an adequate way, for benefit of both ? migrants and other relevant interested parties. While widely accepted by individuals, information and communication technologies have just begun to be recognized as important for migration policy in Serbia and generally, in terms of their opportunities and challenges. In Serbia, only recently (as of the 2011 Census) there has been data available on the use of ICTs by certain migrant groups (long-term settled refugees from former Yugoslav republics). Also, the qualitative surveys on the use of ICTs during the migration by transit asylum seekers have recently started. That can also be said for the research, where ICTs serve for gaining knowledge on migrants and attitudes towards immigrants. Although not voluminous, academic literature on the use and implications of ICTs use in the migration process in Serbia points to greater use of ICTs by certain groups of migrants (long-term settled refugees from former Yugoslavia) in relation to the local population. There are also generational and gender differences in the use of ICTs by migrants. When it comes to transit asylum seekers in Serbia, the use of ICTs at various stages of migration and for various purposes (among them are the selection of the country of destination, the route of movement, but also contact with other migrants and smugglers) is observed.