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72. The “Right to Remain Here” as an Evolving Component of Global Refugee Protection: Current Initiatives and Critical Questions
- Author:
- Daniel Kanstroom
- Publication Date:
- 01-2017
- Content Type:
- Journal Article
- Journal:
- Journal on Migration and Human Security
- Institution:
- Center for Migration Studies of New York
- Abstract:
- 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.
- Topic:
- Human Rights, International Cooperation, Border Control, Refugees, and Humanitarian Crisis
- Political Geography:
- Africa, United States, Europe, France, South Africa, Germany, Australia, Mexico, and Global Focus
73. "Their Priority Is Not The People": Civilian Views On Peace Operations In Africa
- Author:
- Thijs Van Laer
- Publication Date:
- 09-2017
- Content Type:
- Working Paper
- Institution:
- Global Peace Operations Review
- Abstract:
- “Their priority is not the people of Somalia,” a Somali woman who had recently fled to the Dadaab refugee camp in Kenya said about peacekeepers in her home country. “It is the government and themselves.” Unfortunately, this view is not unique. Civilians in countries with peace operations often experience a wide gap between them and those missions. Yet, at a time when peacekeeping is at a crossroads—again—and under increasing financial pressure, it is more important than ever to solicit and acknowledge the views of the citizens who are affected by peace operations. Their suggestions on how to bolster results should be taken into account in the ongoing debates about successes, failures, and costs of peace operations. However, despite an acceptance in the ever-quoted HIPPO report that “engaging with host countries and local communities must increasingly be regarded as core to mission success” and despite the acceptance of protection of civilians as a core norm for UN peacekeeping, realities on the ground demonstrate that too little has been done to access or include these voices. Between October 2015 and April 2017, International Refugees Rights Initiative (IRRI) conducted close to 200 interviews with civilians in South Sudan, Sudan (Darfur) and Somalia about how they perceive the peace operations in their countries. The three missions in those countries, all of which are mandated by the UN Security Council, embody the range of different options available to implement the strategic partnership between the African Union and the UN, from a fully-fledged UN mission in South Sudan (UNMISS), to a joint AU-UN mission in Darfur (UNAMID) and an AU-operated mission in Somalia (AMISOM). While all three operate in significantly different contexts, they all have “little peace to keep” and have been often criticized for their limitations in implementing their mandate, especially when it comes to the protection of civilians. All three missions have also been reviewed this year. UNAMID has been restructured and its troop numbers have been seriously reduced; the UN and AU have just concluded a joint review of AMISOM and strengthened the focus in its mandate on withdrawal and handover to Somali security forces. UNMISS faces some minor budget cuts and a review, even as reinforcement by a Regional Protection Force is slowly being implemented. While much of what was talked about by the Somalis, South Sudanese, and Darfuris interviewed during the course of the research was specific to their context, a number of similarities and trends emerge from their responses, despite the strategic, operational, and contextual differences between the three missions. These trends are important, not only for any new rounds of high-level policy debates, but also for addressing the strategic challenges for protection of civilians and the rock-bottom popularity of peacekeepers among the civilians they are supposed to protect.
- Topic:
- Human Rights, United Nations, Refugees, Peace, and Civilians
- Political Geography:
- Kenya, Africa, Sudan, Darfur, Somalia, and South Sudan
74. Anglers of Men: the Politics of Rescuing African Migrants in the Mediterranean Basin
- Author:
- Lorenzo Rinelli
- Publication Date:
- 12-2017
- Content Type:
- Journal Article
- Journal:
- Review of Human Rights
- Institution:
- Society of Social Science Academics (SSSA)
- Abstract:
- This article theorizes the dynamics that emerge from the intimate relationship between contemporary African migration, liquid borders, and law around the channel of Sicily, between Italy and Libya. There, in the same waters where Ulysses and Aeneas roamed for years, whose epic journeys are considered foundational within the European identity narrative, today the trajectories that migrants boats traverse are disrupting and shuffling the European geographical limits. As a response, states are enacting a policy of containment that renders African migrants’ presence at sea invisible, while criminalizing human solidarity enacted by private organizations as well as individuals. Making use of a legal discourse analysis I will dig the premises behind the antinomic concept of criminal solidarity that emerges today in Europe as a somehow coherent system of thought, shaped by laws, codes of conduct, rules, and rulings. Specifically, by analyzing the rulings of one tribunal in Sicily, I will make an attempt to expose how rigid conceptions of borders naturalize state’s efforts to define the limits of national territory, while conversely, I will consider how the micropolitics of justice are capable of shaping the contours of discourses on current migration.
- Topic:
- Human Rights, Migration, Law, Refugees, and Borders
- Political Geography:
- Africa, Europe, Libya, and Mediterranean
75. Mixed, Perilous and Other Migrations: Do African Lives Matter?
- Author:
- Mojúbàolú Olufúnké Okome
- Publication Date:
- 12-2017
- Content Type:
- Research Paper
- Institution:
- Ìrìnkèrindò: a Journal of African Migration
- Abstract:
- This is a trying period for anyone that pays attention to African migration. Migrants’ gruesome deaths while in transit are given more coverage. Of these, those in the Mediterranean Sea, and to a lesser extent, the Sahara Desert make it more into the news. But there are also deaths in places in-between. Some are reported. Others are not. One only gets glimpses of such deaths when repatriated migrants mention or lament them. There has been more coverage of Libyan “Slave auctions,” at least after CNN released taped evidence from such markets (Elbagir, Razek, Platt, & Jones, 2017). The African Union (AU) and selected African states, including Nigeria, (which by dint of its sheer population size in the African continent, has more citizens caught up in the movements of migrants intent on getting out of their countries to realize dreams of social, economic and political security elsewhere), belatedly responded (Ibuot & Okopie, 2017; Daily Nation, 2017; Busari, 2017). Some have not bothered to do so. It is amazing that Nigeria and other African countries have embassies and diplomatic representative in Libya, yet, there was no previous report, awareness, response, nor were any measures whatsoever taken to document, respond to, and correct the abuses of citizens and violation of their human rights. What then is the value and utility of diplomatic representation? How do African governments understand their responsibilities to citizens? What is the function of the media in these countries? What is the duty of the AU?
- Topic:
- Diplomacy, Government, Human Rights, Migration, Media, and Violence
- Political Geography:
- Africa and African Union
76. Climate Change and Human Rights: The Case of the Ethiopian Famine
- Author:
- Melissa Rary
- Publication Date:
- 04-2017
- Content Type:
- Working Paper
- Institution:
- Center on Human Rights Education, University of Denver
- Abstract:
- With effects of climate change becoming more prominent, it is important to examine what climate change will mean in terms of human rights and the impact on the most vulnerable populations. The UN Office of the High Commissioner for Human Rights emphasizes “increasing frequency of extreme weather events and natural disasters, rising sea-levels, floods, heat waves, droughts, desertification, water shortages, and the spread of tropical and vector-borne diseases” as a few of the many adverse effects resulting from climate change. Moreover, these issues threaten the enjoyment of the most basic rights including right to life, water, food, sanitation, among many others. Ethiopia, a country with over 80% of its population living in multidimensional poverty, is no beginner when it comes to dealing with famines. The Ethiopian Civil war began with a coup d’etat in 1973, which was largely a result of unrest after Emperor Haile Selassie refused to respond to the 1972 famine. In 1984, Ethiopia suffered a worse, more publicized famine, which is said to have killed over a million people. International initiatives were able to secure international aid, but political instability into 1991 led to lower rates of development as compared to its other Sub-Saharan neighbors. In the midst violence, a large sector of the Ethiopian population was lost, and the Ethiopian economy collapsed as a result of the government’s resistance to welcome international aid in rebel-controlled areas. The Federal Democratic Republic of Ethiopia was established in 1991 and was followed by a shift in Ethiopia’s resistance to international aid, ultimately jumpstarting the upwards trend of development.
- Topic:
- Climate Change, Environment, Human Rights, and Famine
- Political Geography:
- Africa and Ethiopia
77. Women and the African Peace and Security Architecture
- Author:
- Hussaina J. Abdullah
- Publication Date:
- 05-2017
- Content Type:
- Working Paper
- Institution:
- Social Science Research Council
- Abstract:
- The African Union (AU) has adopted the issues of peace and security and gender equality as part of its social transformation agenda on the continent. Specifically, the organization aims to promote peace, security, and stability on the continent; protect human and peoples’ rights in accordance with the African Charter on Human and Peoples’ Rights and other relevant human rights instruments; and promote sustainable development as well as the integration of African economies.1 The objective of this study is to provide a comprehensive overview and analysis of how women’s rights in situations of armed conflict and post-conflict contexts have been mainstreamed into various mechanisms, structures, and instruments of the AU’s African Peace and Security Architecture (APSA). As part of this exercise, this study conducts a critical examination of the links between APSA’s goal of promoting peace and security and the AU’s Gender Equality Architecture’s (GEA) goal of promoting and protecting the rights of women on the continent.
- Topic:
- Security, Gender Issues, Human Rights, Regional Cooperation, and African Union
- Political Geography:
- Africa
78. Teaching Peacebuilding in African Universities: Bridging the Gap between the Field and the Classroom
- Author:
- Isaac Olawale Albert
- Publication Date:
- 09-2017
- Content Type:
- Working Paper
- Institution:
- Social Science Research Council
- Abstract:
- While conflict is a normal, healthy part of all communities, teaching people how to deal with conflict without resorting to violence by helping them to use new approaches to overcome barriers can be effective in bringing about progressive change.1 Educating for peace is crucial due to the normalization of violence and its influence on well-being. As a human right, students must learn about a healthy life, for everyone can be sustained without violence as a response to conflict. In peace education lessons about the sources of and responses to conflict, students analyze current problems and how they can be avoided, as well as responsibly managed. They need a vision of a peaceful future as a foundation for peacemaking and skills for constructing it.
- Topic:
- Conflict Prevention, Human Rights, Peacekeeping, and Academia
- Political Geography:
- Africa
79. From Early Warning to Early Action in Somalia: What can we Learn to Support Early Action to Mitigate Humanitarian Crises?
- Author:
- Emma Feeny
- Publication Date:
- 10-2017
- Content Type:
- Policy Brief
- Institution:
- Oxfam Publishing
- Abstract:
- More than three years after it was initiated in the aftermath of the 2011 famine, the early-warning, early-action trigger mechanism for Somalia remains a work in progress. This paper looks at how the mechanism has functioned during the 2016/7 drought crisis response, uncovers a widespread consensus about the value of the tool, and explores the challenges involved in developing the dashboard, generating support and putting in place an accountability framework. It looks for learning around the effectiveness of such tools, which could potentially support similar models in other countries. This paper also highlights suggestions from a range of stakeholders regarding actions that might support greater buy-in to the dashboard and broader collaboration at all levels, helping ensure the mechanism meets its aim of facilitating decision making for early action, thereby better protecting the people of Somalia.
- Topic:
- Human Rights, Famine, Humanitarian Crisis, and Disaster Management
- Political Geography:
- Somalia and Africa
80. Canaries in the Coal Mines: An analysis of spaces for LGBTI activism in Malawi
- Author:
- Philip Browne
- Publication Date:
- 12-2017
- Content Type:
- Special Report
- Institution:
- The Other Foundation
- Abstract:
- The question of lesbian, gay, bisexual, transgender and intersex (LGBTI) rights continues to be a point of struggle and strife, extending from the depths of Malawi’s political history. Since its independence in 1964, the twenty eight- year dictatorship of Kamuzu Banda enforced a strict national Christian morality which has been sustained to the present day. The experiences and challenges facing LGBTI people in Malawi are shaped by laws, policies and practices that are informed by prevailing social, religious and cultural norms, that in turn shape public discourse around sexual minorities as contrary to Malawi’s culture and morality. The public debate on homosexuality has been complex, unpredictable and contested, and provides a snapshot of the difficulties LGBTI people face. Anti-homosexuality discourse has largely been driven by religious and cultural chauvinism.
- Topic:
- Human Rights, LGBT+, Exclusion, and Activism
- Political Geography:
- Africa and Malawi