Saturday, August 22, 2015
Friday, August 21, 2015
Sunday, August 2, 2015
Presentation Planner
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Tuesday, July 28, 2015
Why Can’t Refugees Get Lawyers?
From The New York Times:
Why Can’t Refugees Get Lawyers?
The U.S. government forbids overseas asylum applicants from bringing legal counsel to hearings, making the process unfair and less efficient.
www.nytimes.com/2015/07/28/opinion/why-cant-refugees-get-lawyers.html?mwrsm=Email
Why Can’t Refugees Get Lawyers?
The U.S. government forbids overseas asylum applicants from bringing legal counsel to hearings, making the process unfair and less efficient.
www.nytimes.com/2015/07/28/opinion/why-cant-refugees-get-lawyers.html?mwrsm=Email
Sunday, July 26, 2015
International Refugee Law and Refugee Policy: The Case of Deterrence Policies
Thomas Gammeltoft-Hansen, "International Refugee Law and Refugee Policy: The Case of Deterrence Policies" Journal of Refugee Studies 27(4): 2014.
Development of deterrence policies in three key respects:
Introduction
Does International Refugee Law Matter?
the non-refoulement principle, was described as ‘an exceptional limitation of the
sovereign right of states to turn back aliens to the frontiers of their country of origin’ by the Israeli delegate Nehemiah Robinson at the Ad Hoc Committee on Statelessness and Related Problems
Development of deterrence policies in three key respects:
- deterrence policies are non-entrée policies designed to restrict access to asylum
- deterrence policies are progressive mechanisms that aim to physically or legally prevent refugees from reaching the asylum state
- deterrence policies as part of a state's migration control has become a foreign policy issue
Attempts to explain states' ambiguous relationship to international refugee law by trying to explain the development of deterrence policies (ie. lack of political support, lack of respect for international refugee law, politicization of refugee law itself) have been unsatisfactory.
Gammeltoft-Hansen's article seeks to offer the missing link by aligning refugee scholars' arguments in terms of liberal institutionalism, IR realism, and critical legal studies and thus provide a more nuanced understanding of the interplay between international refugee law and politics.
This 'theoretical triangulation' is to avoid a priori theorization that interdisciplinary scholarship, especially international law and international relations, is prone to.
Gammeltoft-Hansen's article seeks to offer the missing link by aligning refugee scholars' arguments in terms of liberal institutionalism, IR realism, and critical legal studies and thus provide a more nuanced understanding of the interplay between international refugee law and politics.
This 'theoretical triangulation' is to avoid a priori theorization that interdisciplinary scholarship, especially international law and international relations, is prone to.
The Progressive View
The Realist View
The Critical View
The Power of Human Rights and Refugee Law
Creative Legal Thinking as Political Strategy
Conclusion
| Danish Institute for Human Rights http://www.humanrights.dk/staff/thomas-gammeltoft-hansen |
Sunday, July 19, 2015
International Courts
http://www.asil.org/insights/volume/19/issue/11/presence-and-politics-international-criminal-court
Koh, Steven Arrigg "Presence and Politics at the International Criminal Court"American Society of International Law 19(11): 2015.
http://jurist.org/hotline/2015/07/G%C3%A9raldine-Mattioli-Zeltner-CAR-Special-Court.php
Géraldine Mattioli-Zeltner "Taking Justice to a New Level: The Special Criminal Court in the Central African Republic" Jurist 9 July 2015
Koh, Steven Arrigg "Presence and Politics at the International Criminal Court"American Society of International Law 19(11): 2015.
http://jurist.org/hotline/2015/07/G%C3%A9raldine-Mattioli-Zeltner-CAR-Special-Court.php
Géraldine Mattioli-Zeltner "Taking Justice to a New Level: The Special Criminal Court in the Central African Republic" Jurist 9 July 2015
Sunday, July 12, 2015
Tuesday, July 7, 2015
Mediterranean Migration Crisis
4 main sending countries - Syria, Somalia, Afghanistan, Eritrea
![]() |
| Migration routes to Europe ©HRW |
| UNHCR 2015 planning figures for Syrian Arab Republic[1] | |||||
|---|---|---|---|---|---|
| Type of population | Origin | January 2015 | December 2015 | ||
| Total in country | Of whom assisted by UNHCR | Total in country | Of whom assisted by UNHCR | ||
| Total | 6,781,380 | 3,529,300 | 6,757,670 | 4,026,000 | |
| 1. PoC planning figures in this table are based on trends and registration data from early 2014. In light of the evolving situation in the Syrian Arab Republic and Iraq, updated projections will be presented in any forthcoming appeals for supplementary requirements in 2015 for the Syria and Iraq situations, including the 2015 Regional Refugee and Resilience Plan (3RP). 2. Refugee figure for Iraqis is a Government estimate | |||||
| Refugees | Afghanistan | 1,200 | 1,200 | 1,000 | 1,000 |
| Iraq[2] | 126,580 | 24,500 | 113,670 | 22,000 | |
| Somalia | 900 | 900 | 800 | 800 | |
| Various | 600 | 600 | 500 | 500 | |
| Asylum-seekers | Afghanistan | 120 | 120 | 80 | 80 |
| Iraq | 850 | 850 | 740 | 740 | |
| Sudan | 400 | 400 | 290 | 290 | |
| Various | 740 | 740 | 590 | 590 | |
| Internally displaced | Syrian Arab Rep. | 6,500,000 | 3,500,000 | 6,500,000 | 4,000,000 |
| Stateless | Stateless | 150,000 | - | 140,000 | - |
Syria
almost 4 million Syrian refugees in neighboring countries and North Africa; half are children
Turkey - 1.7 million Syrian refugees
Lebanon - almost 1.2 million (1/4 of its population)
http://www.unhcr.org/pages/49e486a76.html#
http://www.eui.eu/DepartmentsAndCentres/RobertSchumanCentre/ReflectingOn/17062015Fargues.aspx "'Celebrating' World Refugee Day with four million Syrian refugees on our doorstep" by Philippe Fargues, Migration Policy Centre - European University Institute
Afghanistan
In March 2015 alone, more than 20,000 newly displaced due to conflict - up from the 11,000 the previous month - and adding to the existing 850,000 internally displaced throughout the country (UNHCR)
Why the difficult journey to Europe?
inhospitable situation for Afghan refugees, asylum seekers, and migrants in Iran +
inability to return to Afghanistan because of security risks
^ Human Rights Watch, Unwelcome Guests: Iran’s Violation of Afghan Refugee and Migrant Rights, November 2013. The situation for Afghans in Pakistan, which has hosted about 1.5 million registered Afghan refugees for over 30 years and where an estimated one million unregistered Afghans live, is also of concern. See “Pakistan: Stop Forced Returns of Afghans,” Human Rights Watch news release, February 22, 2015; and Human Rights Watch, “We Are the Walking Dead:” Killings of Shia Hazara in Balochistan, Pakistan, June 2014.
inability to return to Afghanistan because of security risks
^ Human Rights Watch, Unwelcome Guests: Iran’s Violation of Afghan Refugee and Migrant Rights, November 2013. The situation for Afghans in Pakistan, which has hosted about 1.5 million registered Afghan refugees for over 30 years and where an estimated one million unregistered Afghans live, is also of concern. See “Pakistan: Stop Forced Returns of Afghans,” Human Rights Watch news release, February 22, 2015; and Human Rights Watch, “We Are the Walking Dead:” Killings of Shia Hazara in Balochistan, Pakistan, June 2014.
Eritrea
“I love my country, but I hate the way it is there. If I go back, they will put me in prison.” —Mogos, 26, Lampedusa, May 15, 2015The most common patterns of abuse prompting Eritreans to flee:
- open-ended military conscription (greatest, most common reason)
- forced labor during conscription
- arbitrary arrests, detentions, and enforced disappearances
- torture and other degrading treatment in detention
- restrictions on freedoms of expression, conscience, and movement
- repression of religious freedom
- land expropriations and government discrimination (Afar and Kunama ethnic groups)
No independent media
No local independent nongovernmental organisations
Indefinite military conscription - By law, each Eritrean must serve 18 months in national service starting at age 18.
Commission on Inquiry on human rights in Eritrea established in 2014
Commission's report published / presented in June 2015 (29th HRC Session) concluded that violations “in the areas of extrajudicial executions, torture (including sexual torture), national service and forced labour may constitute crimes against humanity.”
Somalia
Children
Somalia has one of the lowest rates of school enrolment in the world - more than 80 percent of primary-aged Somali children are no longer in or have never been to school
Somali children comprised the third largest national group of unaccompanied children who reached Italy by sea in 2014
2011 famine
Conflict in Libya
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