From Refugees to Forced Migration: The UNHCR and Human Security1

Within UNHCR, there has been a shift in the emphasis on the meaning of protection. Protection of refugees is now primarily defined as security of refugees and refugee operations rather than in terms of the legal asylum process. The article examines the significance of UNHCR placing the refugee issue within both the larger context of forced migration as well as within the context of human security. The paper clarifies and documents a current and general focus of forced migration that includes the internally displaced as well as refugees and offers a framework for comprehending and dealing with the refugee problem that has shifted focus to the security dimension.     

A new asylum law for the KRI and Iraq: Reality or wishful thinking?

Despite having its own internal population displacement due to conflict and civil war, Iraq and the Kurdistan Region continue to accommodate large numbers of refugees from Iran, Palestine, Syria and Turkey. However, Iraq has not ratified the internationally recognized legal framework for the protection of refugees. Currently, the protection offered to asylum seekers in Iraq is regulated by secondary legislation, mostly in the form of administrative circulars. The lack of an applicable law regulating the status of asylum seekers has led to local-level ad hoc policy implementation. Similarly, the Kurdistan Region of Iraq has no legal provisions in its domestic legislation to regulate the status of refugees. This study presents: (a) the argument that Iraq must adopt legislation to regulate the entry, exit and stay of migrants, in line with international protection for both asylum seekers and the provision of adequate rights to refugees, and in accordance with international human rights standards; (b) a proposal for provisions for such legislation in Iraq; and (c) a timely impetus to re-energize local strategies aimed at filling these normative legal gaps through domestic agreements rather than regional and/or international ones.     

Navigating a Hostile Terrain: Refugees and Human Rights in Southeast Asia

Countries in Southeast Asia serve as origins, transit routes, and destinations for an increasing number of refugees, asylum seekers, and other people displaced by conflict and persecution. In this article, I consider existing academic literature on refugees and forced migration and situate current trends and processes related to refugees in Southeast Asia within such work. I begin by surveying sociology material on refugees and forced migration processes in general, also drawing from related fields of human geography and interdisciplinary refugee studies. I then review current mixed migration trends and corresponding state responses in the context of globalization and contemporary conflict in Southeast Asia, placing refugee movements within this setting. Finally, using examples from the region, I consider two rough areas of inquiry in need of further sociological exploration – (i) purposive transnational refugee actions and processes and (ii) the dynamic social spaces created and developed out of refugee migration. Human rights implications of these issues are considered throughout, and suggestions to reconsider human rights protection beyond nation‐state‐focused models are given.     

Factors Affecting Australia's Refugee Policy: The Case of the Kosovars

This article seeks to explain Australia's refugee policy and to identify the various objectives and factors that influence the development of that policy.
Australia's refugee programme seeks to: provide a humanitarian response and protection to individual refugees; participate responsibly in the international community; honour its Convention obligations; further the interests of the people of Australia; meet high standards of administration and; acknowledge as much as possible changes in refugee populations.
In fulfilling these objectives, Australian governments must weigh and balance various competing factors. These include: humanitarian responsibility, international obligations, social, political, economic and foreign policy factors, as well as efficient administration.
In balancing the relative importance of these factors, the Federal government hopes to fulfil all its refugee and humanitarian objectives. However, the pluralistic nature of Australian society and the often conflicting ideals associated with protection of Australia's interests and the preservation of the rights of refugees, means that fulfilment of these objectives is difficult.
This article examines the Australian government's response to the Kosovar conflict, to assess the relative success Australia had in fulfilling its refugee policy objectives and identifying the various factors that produced the final result.     

The needs of refugee women: a human-rights perspective

While the issue of giving women their human rights has been firmly placed on the agendas of international conferences, the plight of refugee women has gone largely unrecognized. Refugee women face rape, sexual abuse, sexual extortion, and physical insecurity. Such violations precipitate their flight, characterize their attempts to gain refugee status, and continue during their tenure in refugee camps, where they are excluded from positions of authority. Because the definition of refugees in the 1951 UN Convention Relating to the Status of Refugees omits sex as a grounds for determining refugee status or as a grounds on which it prohibits discrimination based on sex, the UN High Commissioner for Refugees decided in 1985 that such claims must fall under the classification of membership of a particular group. Unfortunately, agreement with this is discretionary for states. It has been argued that states which protect aliens from discrimination based on sex must afford the same privilege to refugees, but, again, such behavior is subject to debate. Concerns about the human rights of refugee women should be strengthened by being addressed in the existing framework of human rights conventions in international law, such as the Commission on the Status of Women and the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW). One recent advance in this area was the establishment of the Yugoslav and Rwanda War Crimes Tribunals which will investigate the sexual abuse of women during the armed conflicts. The issue of violence against women in every situation must remain on CEDAW's agenda. In addition, the Fourth World Conference on Women provides a welcome opportunity to place these issues in the forefront of global efforts to protect women.     

The Dark Side of Democracy: Migration, Xenophobia and Human Rights in South Africa

South Africa prides itself on having one of the most progressive constitutions in the world. The Bill of Rights guarantees a host of basic political, cultural and socio-economic rights to all who are resident in the country. Yet there have been persistent reports that citizen intolerance of non-citizens, refugees and migrants has escalated dramatically since 1994.
This article documents this process through presentation of results of national public opinion surveyed by the Southern African Migration Project (SAMP).
The surveys show that intolerance is extremely pervasive and growing in intensity and seriousness. Abuse of migrants and refugees has intensified and there is little support for the idea of migrant rights. Only one group of South Africans, a small minority with regular personal contact with non-citizens, is significantly more tolerant.
These findings do not augur well for migrant and refugee rights in this newly democratic country, or early acceptance of the UN Convention on the protection of migrant workers.     

Culture,Structure, and the Refugee Experience in Somali Immigrant Family Transformation

This analysis suggests a theoretical refinement of migrant acculturation theories to deal specifically with refugee acculturation experiences. Using the case of family dynamics among Somali refugees in Minnesota, we find that the same factors that are theorized to affect voluntary migrants are also important for refugees. Specifically, the nature of exit from the sending society, the reception in a new location, and group characteristics all appear to be important. However, within the category of exit from the sending society, there are specific concerns that will be more relevant to refugees than to “voluntary” migrants. Specifically, the ongoing condition of the sending society and the effects of any transitions on transnational ties are critically important in the refugee context. We demonstrate how the societal upheaval that created the Somali refugee community also affected culture and connections within Somalia, and how this has an ongoing impact on the US Somali refugee community. We argue that it is valuable to refine the acculturation framework when considering refugees.     

The Politics of Recognition: Jewish Refugees in Relief Policies and Human Rights Debates, 1945-1950

This essay analyses the place of Jewish survivors in the refugee system established by the West in the aftermath of the Second World War. Departing from the literature of trauma and mourning, this article addresses Holocaust survivors as migrant refugees subjected to international categorisations, relief policies and human rights debates. Between 1945 and 1950, Jewish refugees were recognised as an ideal-type community of victims by western humanitarianism. Recognition entailed symbolic and material entitlements, and eventually rewarded Holocaust survivors with historical, political and territorial vindication. As opposed to other refugee groups who entered the market of international compassion in the 1940s, Jewish refugees were granted full status of political victims.     

The Politics of Recognition: Jewish Refugees in Relief Policies and Human Rights Debates, 1945–1950

This essay analyses the place of Jewish survivors in the refugee system established by the West in the aftermath of the Second World War. Departing from the literature of trauma and mourning, this article addresses Holocaust survivors as migrant refugees subjected to international categorisations, relief policies and human rights debates. Between 1945 and 1950, Jewish refugees were recognised as an ideal-type community of victims by western humanitarianism. Recognition entailed symbolic and material entitlements, and eventually rewarded Holocaust survivors with historical, political and territorial vindication. As opposed to other refugee groups who entered the market of international compassion in the 1940s, Jewish refugees were granted full status of political victims.     

Principles of Protection for Internally Displaced Persons

For forced migrants who have not left their country but are internally displaced persons, human rights law provides an important framework through which to analyse and address their plight. Two principal reasons underpin this assertion.
First, owing to the compelling need: human rights violations cut across all phases of internal displacement, causing its occurrence, characterizing the conditions of physical insecurity and material deprivation in which the internally displaced often find themselves, and impeding equitable and lasting solutions.
Second, as internally displaced persons remain within the territory of their state, refugee law does not apply and, instead, human rights law provides the fundamental basis for addressing their plight. In addition to human rights law, other standards of international law are also relevant, namely international humanitarian law when displacement occurs in situations of armed conflict and refugee law by analogy.
Drawing on these three standards of international law, Guiding Principles on Internal Displacement have been developed which set out what protection should mean for internally displaced persons in all phases of displacement. This article traces the origins and provides an overview of the content of the Guiding Principles, the text of which is reproduced in full in the Appendix.     

The law of migrants

While it is acknowledged that international migration law is attracting increased interest, this law merely describes the conditions of admission, sojourn, employment, and exit of migrants, thus amounting in many respects to a restatement of the law of aliens considered in a different perspective. This article concentrates on the humanitarian aspects of migration law, in an attempt to determine the possibility of joint promotion and dissemination of human rights, international humanitarian law, refugee law, law of migrants, and relief law. Refugees are protected by a series of international legal instruments, both universal and regional, which are complemented, if need be, by resolutions of the competent bodies. 2 reasons why the law of migrants deserves to be highlighted and developed are: 1) we have seen that the characteristic aspects of migration are either ignored or only partially taken into account by existing law, and 2) it is important that individuals should be protected in every circumstance. There exists a relatively narrow basis for joint action; since this must be built on points of convergence, a preliminary step consists of identifying this common denominator. The forms which joint action may take can be less structured and reflected in the individual practice of each organization The sine qua non of successful joint action is an awareness of the enterprise's ultimate goal: to assure in every circumstance better protection for human beings, whatever their legal status may be.     

Why Refugees Rebel: Towards a Comprehensive Theory of Refugee Militarization

Militarization by refugees can have problematic outcomes. It can undermine the sovereignty and stability of the host state, perpetuate a transnational conflict and obstruct international efforts to resolve it, and present difficulties in the provision of humanitarian assistance to needy populations. Existing literature privileges structural explanations for militarization while neglecting the agency, interests and internal politics of refugee groups. In this paper, I offer a comprehensive theory of refugee militarization that emphasizes the importance of endogenous factors, including political and economic motivations, in the context of broader structural factors, including political opportunities and resource mobilization, mediated by the presence of militancy entrepreneurs. This theory helps integrate the motivation of refugees, and the discursive framing used by militancy entrepreneurs to mobilize them, with capacity for militant activity. The need for case studies and specific policy recommendations for host states, non‐governmental organizations and international stakeholders are discussed.     

Managing International Migration in Australia: Human Rights and the “Last Major Redoubt of Unfettered National Sovereignty”

This article challenges the view of many commentators that the capacity of liberal democracies to regulate international migration has been significantly compromised by the growth of international human rights norms and the role of independent judiciaries in enforcing those norms. Focusing on three Australian case studies that deal with deportation, mandatory detention of refugee claimants, and judicial review of migration decisions, the article concludes that international and domestic legal constraints still leave very substantial latitude to liberal democratic States to regulate the size and composition of international immigration flows. With only modest qualifications, migration policy remains “the last major redoubt of unfettered national sovereignty.”     

Refugee movements and Turkey

There has been a long tradition in the Ottoman Empire and the Turkish Republic of receiving refugees. There were Jewish refugees from the Spanish Inquisition, Hungarians and Poles fleeing revolts in 1848-9, and those of Turkish descent and usually from the Balkans. Concurrent with this trend is the history of refugees and immigrants leaving Turkey, such as many Armenians, Greeks and Jews leaving at the turn of the century, and after 1923 and the Treaty of Lausanne. Little is currently published on the topic. This article defines a refugee; provides an overview of the refugee problems of the 1980's due to Bulgarian, Kurdish, and Turkish refugees; and the legal and political aspects. As a country of origin, there is discussion of the political and economic aspects of Turkish asylum seekers in Europe. The potential refugee flows to and from Turkey are also examined. I) For this study, refugees are victims of political violence and are persecuted for political or religious beliefs, ethnic or racial background, or war. In Turkey, there are national refugees, international refugees outside the Convention, and UNHCR Convention refugees. During the 1980's all 3 groups were arriving: from eastern Europe, Iranian Kurds, Iraqis, and ethnic Turks from Bulgaria and Afghanistan. The Turkish restricted acceptance of the 1951 Convention on Refugees creates serious humanitarian and security consequences for refugees other than those from eastern Europe and of Turkish ethnicity. Political considerations play an important role in treatment where security threats outweigh humanitarian need. The case is given for Kurdish refugees. II) Asylum seekers from Turkey in Western Europe was determined between 1986-90 to be 185,000 from applications. These figures have risen steadily due to the political instability and military activity of areas bordering Iraq and Syria, the Emergency Region. In addition there are economic and employment problems, and there has been a suspension of human rights. Europe in return has tightened legislation and procedures to differentiate economically motivated refugees from authentic political asylum seekers. Further research is needed to investigate refugee problems. Further refugees may come due to the promotion of a Black Sea Cooperation Region and easier crossings of borders to the former Soviet Republics. Ethnic Turks in Moldavia or Romania or Bulgaria may leave due to unrest. Factors affecting asylum seekers are improvements in Turkey's human rights record, repeal of bans of the Kurdish language, completion of the South Eastern Development Project, and the European government policy on asylum.     

The Global Compact for Migration: what could it mean for women and gender relations?

ABSTRACT

Under half of international migrants throughout the world are women. While large movements of people, human rights and humanitarian crises, and migrant deaths are not new, the public attention given to the arrivals of refugees and migrants to the shores of Europe has compelled governments to engage in a multilateral manner. In September 2016, the United Nations General Assembly held its first-ever summit dedicated to large movements of refugees and migrants, reaffirming the importance of existing legal instruments to protect refugees and migrants, and also foreseeing the development of two new Global Compacts: one on refugees, and the other for safe, orderly and regular migration. This article examines the process to elaborate the Global Compact for Safe, Orderly and Regular Migration from a gender-responsive perspective. It takes into consideration the advocacy role that the Women in Migration Network and other civil society stakeholders have played in its development, identifies the various opportunities and gaps within the Global Compact, and explores how women’s organisations and development organisations can promote change for women in migration under the new Global Compact.     

Human Rights,Income and International Migration

This study contributes to the literature of migration studies by addressing the question: why does international migration persist despite welfare improvements in migrant‐sending countries? We propose that the human rights condition of the origin countries is an important determinant of global migration. Although the human rights issue is not new to researchers in migration studies, the concern is primarily about the rights of migrants, refugees, asylum seekers or migrant workers in a host country. We undertake a bilateral panel data analysis to examine the pattern of global bilateral migration between 1995 and 2010. We find that international migration is positively associated with human rights conditions and income. Similar results are also obtained when we control for multilateral resistance and possible sample selection biases in a panel context. Our study implies that efforts to promote human rights may also be assessed in relation to their contribution to migration flows.     

Refugee remittances: conceptual issues and the Cuban and Nicaraguan experiences

"This article assesses the notion that the determinants of remittances generated by refugee flows, particularly from Communist-inspired systems, are different from those associated with labor migrations....These differences have a major bearing on how labor migrants and refugees perceive their relationship with countries of origin. The propensity of labor migrants to dissociate themselves from the home country is considerably less than among refugees whose perceptions are mediated by opposition to the ruling regime and other factors, such as political relations between refugee-sending and refugee-receiving countries and whether or not there has been a regime change or one is expected to occur. The conceptual issues elaborated here are based on the Cuban-American experience, but also reflect an assessment of Nicaraguan emigration during the 1980s."     

Not Bound but Committed: Operationalizing the Global Compact on Refugees

The Global Compact on Refugees is not legally binding, but it gives rise to commitments by the international community as a whole. It is also rooted in international refugee law, international human rights law and international humanitarian law. This article addresses how the GCR cannot give rise to binding obligations in international law, yet provide for enhanced protection and assistance to refugees and hosting communities, and establish commitments for a fairer and more predictable sharing of burdens and responsibilities. It does this by reference to other non‐legally binding international documents and rules of law. Additionally, the use of indicators to measure states’ and other international actors’ performance in operationalizing the GCR provides a framework to measure commitments; coupled with greater humanitarian and development co‐operation, commitments can be better facilitated even if the GCR is not legally binding. Finally, the sharing of burdens and responsibilities is also fulfilled by the emphasis on solutions.     

Protection of Migrants' Human Rights: Principles and Practice

In principle, migrants enjoy the protection of international law. Key human rights instruments oblige the States Parties to extend their protection to all human beings. Such important treaties as the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights have been ratified by more than 140 states, but many political, social or economic obstacles seem to stand in the way of offering those rights to migrants. In an attempt to bridge this protection gap, the more specifically targeted International Convention on the Protection of All Migrant Workers and Members of their Families was created and adopted by the United Nations in 1990. This treaty is not yet in force, but the number of States Parties is increasing towards the required 20. In the past few years the human rights machinery of the United Nations has increased its attention towards migrants' human rights, appointing in 1999 the Special Rapporteur on the Human Rights of Migrants. Governments, as the acceding parties to international human rights instruments, remain the principal actors as guardians of the human rights of all individuals residing in their territories. Receiving countries are in a key position in the protection of the migrants that they host. However, active defence of migrants' rights is politically difficult in many countries where anti‐immigrant factions are influential. Trafficking in migrants is one example of the complexity faced by states in formulating their migration policies. On the one hand, trafficking has made governments increasingly act together and combine both enforcement and protection. On the other, trafficking, with its easily acceptable human rights concerns, is often separated from the more migration‐related human smuggling. The latter is a more contentious issue, related also to unofficial interests in utilizing cheap undocumented immigrant labour.     

Iraqi refugees in Jordan: lessons for practice with refugees internationally

Asylum seekers, refugees who are resettled in third countries or those who are forced into refugee camps, present new challenges to social work practitioners. In an attempt to advance theory and develop specialised practice in the area of refugee studies within social work as an international profession, we argue that whatever the flight context, the country of asylum or of resettlement, there is a process underlying what Malkki referred to as refugeeness. This article focuses on the situation of Iraqi refugees in Jordan as an example of the challenges that confront today's refugees. We show that salient issues raised in a local community centre's needs assessment mirror those elements that are central to integration processes that have been discussed in much of the refugee studies literature across the world. We show how these concerns are closely linked to processes that resettled refugees and asylum seekers face, regardless of the country of resettlement. We introduce a framework for analysing an individual refugee's situation and show how an international phenomenon is linked to local practice.