Refugee Law

Europe is currently experiencing a "refugee crisis", demonstrated by millions of displaced people unseen since World War II. This book examines the interface between the EU's response to irregular flows, in particular the main extraterritorial border and migration controls taken by the Member States, and the rights asylum seekers acquire from EU law.

"Remote control" techniques, such as the imposition of visas, fines on carriers transporting unsatisfactorily documented third-country nationals, and interception at sea are investigated in detail in a bid to assess the impact these measures have on access to asylum in the EU. The book also thoroughly analyses the rights recognised by the EU Charter of Fundamental Rights to persons in need of international protection, inclusive of the principle of non-refoulement, the right to leave any country including one's own, the right to asylum, and the right to remedies and effective judicial protection.

The fundamental focus of the book is the relationship between the aforementioned border and migration controls and the rights of asylum seekers and, most importantly, how these rights (should) limit the scope of such measures and the ways in which they are implemented. The ultimate goal is to conclude whether the current series of extraterritorial mechanisms of pre-entry vetting is compatible in EU law with the EU rights of forced migrants.

Come nasce il termine rifugiato? Come si è giunti all'attuale definizione di tale categoria migratoria? Il presente articolo ripercorre la storia della sua evoluzione, analizzando processi e avvenimenti che hanno reso questa figura ciò che è oggi. Frutto di un cortocircuito del sistema politico westfaliano, lo sviluppo del suo profilo contemporaneo rappresenta per certi aspetti il "negativo" dell'idea occidentale di libera circolazione. Ripercorrere tali vicende, contribuisce a mettere in luce le debolezze alla base delle distinzioni fra categorie migratorie.

How the term refugee was born? How did this migration category become what it is today? This article retraces the history of its evolution, analysing processes and events that contributed to shape this figure as we know it. The refugee's contemporary figure emerged from a breakdown in Westphalian international political system and then it developed to some extent in opposition to the western idea of freedom of circulation. The historical path of this type of migration highlights how weak are migrants categories' distinctions.

This article addresses the concern that decision-making in sexual orientation or gender identity (SOGI) asylum claims in Europe is often unfair, and that one way to remedy this is by improving the guidance provided to decision-makers when interpreting the Refugee Convention in respect of these claims. We begin by interrogating a number of different decision-making guidelines and models to assess whether they contribute to a fairer asylum system. We show that, for claims based on SOGI, success invariably depends on the decision-maker's assessment as to whether a claimant is, or would be perceived in their home country to be, a member of a SOGI minority, and so belongs to a Particular Social Group. Such focus risks neglecting analysis of the actual risk of persecution. We set out our own recommendation for a fairer approach based on prioritising SOGI-specific Country of Origin Information (COI) and the risk of persecution, rather than focusing on whether applicants are 'genuinely' members of a SOGI minority. We argue that this will lead to fairer outcomes that are less likely to be overturned on appeal and more consistent with the Refugee Convention's spirit and letter.

This Article examines the recent proliferation of walls and fences in Europe, fueled by the Dublin Regulation’s failure to distribute responsibility for asylum seekers equitably among European states. Legal scholarship does not lack literature bemoaning the failures of the E.U.’s Dublin Regulation — which dictates, generally, that the country where an asylum seeker first enters the E.U. is responsible for processing his or her claim for protection. Yet scholarship on border walls and fences, and what induces European states to construct them, is not prominent in the literature. The critiques lodged against the Dublin Regulation have primarily focused on its futility and unworkability. This Article argues that Dublin has failed asylum seekers in a more insidious way — by catalyzing the construction of Fortress Europe. The actions of European states during the contemporary refugee “crisis” illustrate this phenomenon particularly well.

Section II of this Article examines the contours of the international principle of responsibility-sharing; a principle that is supported throughout the history of refugee law as an ideal modality for managing refugee flows. Section III provides an overview of the Dublin Regulation and how it distorts the international responsibility-sharing principle and violates E.U. law requiring “solidarity and fair sharing of responsibility” among member states. Section IV traces the proliferation of border walls and fences in Europe around the height of the recent refugee crisis, arguing that the Dublin Regulation’s failure fueled European states to erect physical border barriers. It also explores the formidable combination of physical and legal barriers and how these mechanisms violate member states’ non-refoulement obligation. Section V analyzes proposals for improving Dublin, including efforts to better protect refugee rights and achieve a more equitable sharing of responsibility for protection seekers. This Article concludes by questioning how the E.U. can move forward and uphold the right of all persons fleeing persecution to seek and enjoy asylum in Europe.

Keywords: border wall, border fence, 1951 convention, 1951 refugee convention, asylum seeker, european union, eu law, nonrefoulement, border walls, dublin regulation, international responsibility-sharing, refugee law

Resumen: En este trabajo se analiza la existencia de un derecho a solicitar asilo tanto en el territorio del Estado como en frontera. Para ello se toman en consideración la normativa internacional sobre la materia, y la normativa de la Unión Europea, concretamente la Carta de Derechos Fundamentales de la Unión Europea y la Directiva de Procedimiento. El objetivo es determinar si Hungría mediante el rechazo en frontera de los refugiados, así como mediante la imposición de sanciones penales por el cruce ilegal, según la normativa húngara, de frontera, vendría a estar violando dicho de derecho a solicitar asilo. La confirmación de dicha violación, junto con la posible confirmación de las violaciones relativas a los procedimientos de asilo señaladas por la Comisión Europea en la carta de emplazamiento enviada a Hungría en 2015, planteamos podría permitir considerar a Hungría como país " no seguro " siendo de aplicación el artículo 3.2 del Reglamento de Dublín. Summary: This paper analyzes the existence of a right to seek asylum both, in the territory of the State and in the border of the State. For this purpose the international regulations on the matter, and the regulations of the European Union (namely the Charter of Fundamental Rights of the European Union and the Directive of Procedure) are taken into consideration. The aim is to determine whether Hungary through the border rejection of refugees, as well as by imposing criminal penalties for the illegal crossing, according to the Hungarian legislation, would violate the right to seek asylum. The confirmation of such a violation, along with the possible confirmation of violations concerning asylum procedures outlined by the European Commission in the letter of formal notice sent to Hungary in 2015, could allow considering Hungary as a " non-safe " country and applying article 3.2 of the Dublin Regulation.

"Solidarity is at the same time a foundation of European integration and a condition for its progressive development. This is true for both aspects of solidarity – as a principle of mutual responsibility, and as practical mutual assistance and support. For many years now, the Economic and Monetary Union and the Common European Asylum System have been in a deep crisis. The epicenter of such crises is Greece, but their root lies deeper, in a constitutional and legal framework that hinders the pursuit of the common interest and the development of solidarity. The efforts undertaken so far to remedy these shortcomings are not up to the challenge. And what is at stake is not only the success of two important integration projects, but the preservation of the values on which the Union is founded, above all democracy and fundamental rights.
***
La solidarité est à la fois un fondement de la construction européenne et une condition de son développement. Elle l’est dans ses deux dimensions : principe de responsabilité réciproque et action concrète d’assistance mutuelle. Depuis plusieurs années, l’Union économique et monétaire et le Système européen commun d’asile sont en crise. L’épicentre de ces crises est la Grèce, mais leur origine réside, en amont, dans un cadre constitutionnel ou légal empêchant l’affirmation de l’intérêt commun et le développement d’une action réellement solidaire. Les efforts entrepris jusqu’ici pour remédier à ces carences ne paraissent pas à la hauteur des défis. Or, l’enjeu n’est pas seulement la réussite de deux importants projets d’intégration, mais aussi la préservation des valeurs sur lesquels l’Union est bâtie, et tout particulièrement des principes de démocratie et de respect des droits fondamentaux."

This report is about “The Influx of Illegal Immigrants in Tanzania: The Question of Effective Border Control and the Appropriateness of the Law” the objective of it was to assess the law of Tanzania on the problem of the influx of illegal immigrants in Tanzania and the appropriateness of the legal framework governing the same, by taking into consideration the issue of effective border control in Tanzania and the possible challenges.

This study further, attempted to look at the law and enforcement practical aspects on curbing the influx of illegal immigrants in Tanzania. In the course of discussion, an overview of historical development and background of immigration issues and laws in Tanzania were traced. The study also made an appraisal of the law and administrative measures such as National Identity Cards and “Operesheni Kimbunga” and their effectiveness in curbing the influx of illegal immigrants.

The data which are primary data were collected through interview and questionnaire methods, secondary data was collected by using books, report presentations, internet source and articles. The findings show that the legal framework governing migration issues suffers from some inherent. Hence the paper at the end makes some recommendations in order to remedy the situation. The recommendations are aimed to call for the restructuring and facilitating enforcement of the established legal mechanisms, and to inspire new rules and amendment of the current law to cater for the prevailing problem of influx of illegal immigrants in Tanzania.

O Direito Internacional dos Refugiados, em sentido tradicional, assenta ainda no sistema da Convenção de Genebra, e no conceito do refugiado perseguido. Não obstante, outros instrumentos vieram enriquecer este ramo do direito, alargando a proteção a outras categorias de pessoas, em função de diferentes razões, e com novas garantias. Ainda assim, o futuro dos movimentos migratórios reclama por evoluções neste ramo do direito, que cada vez mais passará a ser um “direito da proteção internacional”, abarcando um número diferenciado de “imigrantes forçados”, e reclamando novos deveres estaduais. O caminho passará, julgamos, pelo reconhecimento da incapacidade de os Estados conseguirem responder isoladamente às futuras necessidades de proteção internacional, impondo-se uma verdadeira mudança de paradigma assente numa ideia de “governança global” das migrações forçadas.

“So laws are words, and words are us…” The deepness and wisdom in this excerpt of a masterpiece written by Welsh poet Owen Sheers to mark the 800 years of the sealing of Magna Carta, beautifully summarizes the relevance that narrative, linguistics and philosophy have in refugee and forced migration studies and its social interaction. This is a fact that emerged in parallel and iteratively with the development of my PhD dissertation “Women, Peace and Security in refugees” – justifying the addition of a chapter that aims to give notoriety to linguistics, creating a constructive debate among professionals of different fields of expertise and fundamentally proposes to explore the deepness of new seas opened by Saussure.

Num contexto em que, na ordem jurídica portuguesa se assiste a um crescimento exponencial do contencioso de asilo, o presente artigo visa reflectir sobre a importância do papel do advogado na defesa dos direitos das pessoas carecidas de proteção internacional. Em primeiro lugar, procede-se a uma breve panorâmica dos conceitos gerais deste ramo do Direito, antes de se enumerar alguns casos de violação de direitos em que o advogado pode ser chamado a intervir. Tais direitos podem ser direitos gerais, i.e., direitos que são titulados por todos, mas que podem revestir alguma especificidade quando estão em causa pessoas carecidas de proteção internacional, bem como direitos específicos, i.e., direitos especialmente destinados à proteção destas categorias de pessoas. Finalmente, procederemos à análise dos vários meios de efetivação destes direitos a que o advogado pode recorrer, os quais decorrem das garantias de um procedimento justo e de tutela jurisdicional efetiva. Abstract In a context where the Portuguese legal system witnesses an exponential growth in asylum litigation, this article aims to analyse the importance of the lawyer's role on defending the refugees' and asylum seekers' rights. First, we provide a brief overview of the general concepts of this branch of law, and we illustrate some cases in which the lawyer may be called upon to intervene. These cases may be arise for the protection of several types of rights: general rights, i.e. rights which are recognized to every person but that may have some specificity in the case of persons lacking international protection, and specific rights, i.e. rights which are specially aimed at protecting these categories of persons. Finally, we will analyze several guarantees that can be claimed by the lawyer for the enforcement of these rights. These guarantees arise from the right to a fair procedure and to an effective judicial remedy.

The contours of Canadian refugee policies have in recent years fluctuated from a narrative of 'bogus' refugees requiring a tough approach of interdiction to one of urgent humanitarian assistance. These rapid discursive shifts highlight the fragility of how Canada's humanitarian responses, and its place in the world, are conceptualized. Using the case study of Canada's responses to the Syrian conflict, this short paper argues that state responses must be critically interrogated in order to move away from homogenizing narratives grounded in tropes such as 'fear', 'floods' and 'crisis', which continue to impact how state, media, and public discourse handle the influx of refugees. Examining how the Canadian state performs its sovereignty in response to the Syrian conflict is instructive to reveal its broader nation-building projects, ones which utilize particular tropes of fear to justify suspicion and exclusion of bodies that have been cast as dangerous and uncontrollable. While Canada is once again presenting itself as a global leader in refugee and human rights issues, it remains to be seen whether these more humane policies can withstand the continuing millennial border anxieties of the West when facing the prospect of resettling increasingly large numbers of refugees.

This research provides the first detailed, evidence-based analysis of current policy and practice in relation to age disputes of children and young people seeking asylum in the UK. The specific aims of the research are:
- To examine existing policy and practice in relation to age assessment by the Home Office, local authorities and others;
- To examine the implications of age dispute issues and of a child being treated as an adult for the way in which the asylum application is assessed, including the information that is (and is not) taken into account in making the decision, vulnerability to and experience of detention, and the consequences of the decision, including
actual and potential removal from the UK;
- To examine the consequences of age dispute issues and of a child being treated as an adult for the provision of legal representation, education, housing, welfare and support to children, including any inconsistencies or differences between local authorities in their approaches to the issue of age dispute and the nature and
extent of any provision made;
- To identify any child protection issues which arise in age disputed cases as a result of detention, inappropriate accommodation provision by local authorities and the National Asylum Support Service (NASS) and lack of access to existing child protection mechanisms;
- To consider the implications for children’s mental and emotional well-being of having their stated age disputed and the consequences for their personal and educational development; and
- To develop concrete and practical policy recommendations on an appropriate process for agreeing age in the asylum context, and on the relationship between the process of age assessment, the asylum determination process and support and leaving care arrangements.

It is hoped that the findings of the research will lead to reductions in the number of disputes, improvements in the assessment process, and the establishment of appropriate mechanisms for reviewing the assessment process without recourse to the courts.

The 1951 Convention Relating to the Status of Refugees (“Refugee Convention”) defines ‘persecution’ based on five enumerated grounds: race, religion, nationality, membership of a particular social group, and political opinion. This list of protected groups has not changed in the nearly 70 years since its inception, although the political and social context that gave rise to the Refugee Convention has changed. This article examines how ‘membership in a particular social group’ (“MPSG”) has been interpreted, then surveys international human rights law, transnational criminal law, international humanitarian law, and international criminal law instruments to determine whether MPSG can encompass the broader protections afforded under other international law regimes. It concludes that the enumerated grounds are largely consistent with other instruments and protects, or at least has the potential to protect, many of the other categories through MPSG. However, as this ground is subject to d...

Enacted on June 28, 2002, the Immigration and Refugee Protection Act, which refers explicitly to section one of the Convention against Torture, extended protection to a new category of persons, namely, « person in need of protection».  This article discusses how the courts will interpret subparagraph 97(1)a) of the Act when determining whether a person is a « person in need of protection » as defined by the Act. 
The author suggests that the inclusion of the subparagraph in question constitutes a direct implementation of the principle precluding the turning back of a person who faces the risk of being tortured to his or her country of origin. Through a brief overview of the principles governing the integration of international law into Canadian domestic law, the author purports that the Courts have an obligation to interpret the word « torture » in accordance with the Convention, as well as the international definition of the word.
The author then proceeds to circumscribe the breadth of the international definition of torture by examining each of the constituents of the term: the conduct, the intention and object of the conduct, the identity of the author of torture and the exclusions.  In doing so, she assesses the interpretation which different international instruments, jurisprudence and external documents have attributed to these four components, including the work of  the Human Rights Committee and the Committee against Torture, as well as the jurisprudence of both the European and Inter-American Courts of Human Rights.

While the author concedes that to date, no Canadian decision rests on the conformity of the definition of torture with Section one of the Convention, she nevertheless concludes by highlighting the case of Bouaouni c. Canada to convey the manner by which international legal documents can and should continue to shape the courts’ interpretation of subparagraph 97(1)a).

This article discusses the argument that a new and different armament -i.e., the refugee as a weapon- has entered the world's arsenals. Evidence is provided that even though refugees are clear proof of humanitarian crises and despite the UN resolutions, they are being used as pawns to serve political, social and military agendas. They fall into the category of a hybrid weapon armament since their use neutralizes most of the conventional assets in a confrontation. Liberal democracies should expect the deployment of such weapons against them and should be prepared well enough to contain them.

“Não há maneira de me conformar com a ignorância”, disse certa vez o escritor angolano José Eduardo Agualusa ao comentar o espanto com que ouvira uma jovem portuguesa insurgir-se contra a possibilidade de seu país receber refugiados árabes – pessoas que, segundo ela, não possuíam quaisquer laços de sangue e de cultura com Portugal. Para além da inegável miscigenação presente ao redor do mundo desde que o homem iniciou sua jornada a partir da África – o que seria razão suficiente para abordar o tema do deslocamento forçado sob diferente perspectiva –, o espanto é também causado pela ausência de empatia com a situação de milhões de seres humanos. Este livro tem o objetivo de tratar do direito dessas pessoas em um diálogo que não interessa apenas à comunidade acadêmica voltada ao estudo da disciplina do direito internacional, mas a todos que se inquietam com o tema do direito dos refugiados. Produto das intenções do colonizador em manter o controle sobre as colônias, o direito internacional como projeto imperialista é revisitado neste estudo, que toma como referência as chamadas Abordagens de Terceiro Mundo do Direito Internacional como forma de resistência do Sul global à hegemonia do Norte global. Nessa perspectiva, o eurocentrismo, sem dúvida ainda dominante, passa a coexistir com a crescente influência dos países periféricos na arena internacional. Se “os refugiados estavam presentes no Terceiro Mundo quando a Convenção de 1951 foi adotada, mas não eram vistos como pessoas de interesse”, aos poucos essa realidade impõe-se ser revista. É assim que o direito internacional dos refugiados, concebido exclusivamente para atender aos desdobramentos da Segunda Guerra Mundial, passa a levar em conta também as diferentes realidades regionais. A importância social de estudos como este, ao exporem a criação do mito da diferença no direito internacional dos refugiados, mostra-se indiscutível para a reformulação da definição clássica de refúgio. É na busca dessa ampliação de horizontes e consequente incremento dos mecanismos de proteção e de promoção da pessoa humana que esta obra se edifica, abordando também, com profundidade, o caso da imigração haitiana para o Brasil e a aprovação da nova Lei de Migração brasileira de 2017.

Bloomsbury Press / Hart Law (2021) In this novel approach to law and literature, Robert Barsky delves into the canon of so-called Great Books, and discovers that many beloved characters therein encounter obstacles similar to those faced by contemporary refugees and undocumented persons.

The struggles of Odysseus, Moses, Aeneas, Dante, Satan, Dracula and Alice in Wonderland, among many others, provide surprising insights into current discussions about those who have left untenable situations in their home countries in search of legal protection.

Law students, lawyers, social scientists, literary scholars and general readers who are interested in learning about international refugee law and immigration regulations in home and host countries will find herein a plethora of details about border crossings, including those undertaken to flee pandemics, civil unrest, racism, intolerance, war, forced marriage, or limited opportunities in their home countries.

Table of Contents
Introduction: Opening Up the Great Books
I. Canons, Great Books and Classics
II. 'Popular' Culture
III. From Cultural Reflection to Legal Protection
IV. Why Fiction? What About the Real World?
V. From Escapism to Engagement
VI. From Empathy to Revelation

1. Spreading Disease, or Inoculating Us from Intolerance?
I. Pandemics in Literature and Culture
A. The Arc of Disease, Suffering and Death
II. The Foreignness of Diseases
III. The Rhetoric of Blame
A. From Vulnerable to Unwanted and Diseased
IV. The Plague
V. From Symptoms to Panic
VI. Creating Empathy
VII. Limbo and the Will to Move Around
VIII. From Quarantines to Quarrels to Empathy?
IX. Art in the Time of Cholera
X. Crossing the Border into Obscenity
XI. Predicting Post-Pandemic Politics

2. Following Pathways, Networks and Guides
I. The Cessation Clause
II. Following Intermediaries in Religious Texts
III. Human Smugglers
IV. Language Issues and Displacement
V. Pursuing the Land of Milk and Honey
VI. Divine Intermediaries and Shift s to Immigration Policy
VII. Guides from Behind the Veil
VIII. Intermediaries to Eden
IX. From Freedom Fighter to Refugee
X. From Civil War to Hell
XI. A Reluctant Follower
XII. Fleeing with Loved Ones
XIII. The Purposeless Quest
XIV. Constantly on the Road
XV. The Search for Treasure
XVI. The Promised Land

3. Opening Doors and Scaling Walls
I. From Protection to Integration
II. From Victim to Slave
III. Supplicating Before the Gatekeeping King
IV. Consulting Constituents on Border Policy
V. Opening the Right Doors
VI. Doors, Doorways and the People Hidden Behind Them
VII. Before the Law
VIII. Ill-Advised Strategies for Opening Doors
IX. Real-World Gatekeeping
X. Rights at the Border
XI. Behind Closed Doors
XII. Doors Towards Metaphysical Voyages

4. Confronting Inhospitable Spaces and Hostile Hosts
I. Storms, Floods and the Purging of Unwanted Civilisations
II. The Romantic Refugee
III. Mary and Percy Shelley: Feminist and Atheist
IV. Refugees in a Time of Climate Change
A. Mary Shelley, Victor Frankenstein and His Monster: Climate Refugees
B. Percy Shelley's Perspective on Climate and Geomorphology
C. Lord Byron: Catastrophism, Climate Change and Ensuing Darkness
V. From Creation of the Earth to Apocalypse
VI. Being Misled into the Wrong Paradise
VII. Finding Revelation Instead of Refuge
VIII. From Persecution to Punishment
IX. Chance Encounters
X. Finding Hell
XI. Transformation into Darkness

5. Encounters with Aliens, Monsters and Terrorists
I. Monsters in the Great Tradition
II. Insidious Monsters in the (Real) World
III. First Encounters
IV. The Monstrous Unfamiliar
V. A Refugee Amongst Refugees
VI. Confronting Your Neighbour: The Monster
VII. Identifying the Monsters, then Living with Them
Conclusion: From Persecution to Wonderland

The reality is that UNHCR has to work with inconsistent and inadequate funding from States that lack the political will and contravene the principles of the convention and statute. There is the other question: is the 1951 understanding of refugee protection still attainable today? Cold war politics meant that protection was granted easily to refugees from enemy States and hence making UNHCR’s work easier, although the circumstances are different today. Yes, it may be true that UNHCR has abandoned some of its main principles but it is also important to remember the context of how this has happened.

Refugee Law is built upon the legal foundation of the 1951 Convention Relating to the Status of Refugees and the following 1967 amending Protocol. These documents assume, prima facia, the inviolability of state sovereignty, as expressed in the UN Charter, which “is based on the principle of the sovereign equality of all its Members” . These principles include non-intervention in the affairs of other states, and the sacrosanct nature of Westphalian borders. Refugee Law presupposes these notions, and constructs its legal framework accordingly

The Convention relating to the Status of Refugees (the 1951 Convention) does not address all the challenging questions posed by contemporary forced migration. The 1951 Convention does not deal with persons fleeing armed conflict, admission and large-scale movement of forced migrants in a clear and comprehensive manner. In addition to this, restrictive interpretation of the refugee definition provided in Art. 1 A (2) of the 1951 Convention by State authorities, popularity of non-entree policies and the absence of solidarity in response to large-scale forced migration movements create protection gaps. A number of initiatives have been adopted at the national, regional and international level to remedy these gaps and one of them is temporary protection. This article focuses on protection gaps and temporary protection. The first part of the article explores the extent to which the 1951 Convention deals with persons fleeing armed conflict, admission and mass-influx situations, and it seeks to clarify the reason why there are protection gaps concerning these issues. Building on this analysis, the second part of the article defines temporary protection by reviewing temporary protection policies in Turkey, the United States and the European Union and it explores to what extent temporary protection regimes can remedy protection gaps and provide effective protection to forced migrants.

By April 2020, Uganda was one of the top refugee hosting countries in the world and the largest in Africa with over 1.4 million refugees. Uganda has been generally described as being friendly to refugees and in 2006 passed a law, the Refugees Act, which has internationally been recognized as a progressive law. However, there is a discrepancy between the provisions of the Act and the country's practice. This article analyzes this discrepancy and the factors behind it by focusing on specific provisions of the Act. It further situates the Act within the broader constitutional context and analyzes the legal framework and practice of naturalization of refugees. In particular, the analysis shows that diplomatic relationships between Uganda and the countries from which refugees flee play a crucial role in determining how refugees are treated and to what extent they are allowed to access their rights.

Taught to 40 second- and third-year JD students at the University of Alberta Faculty of Law, during the Winter Semester in 2018-2019. The syllabus has been revised and expanded compared to my 2017 McGill immigration law syllabus, and includes a substantial additional bibliography and filmography on the subject matter of each lesson.

This dissertation is about ordinary people, living all over the world, who have one extraordinary thing in common: they do not hold any nationality at all. They are The World’s Stateless. 

Statelessness is based on the absence of legal relationship between an individual and a State and for many, statelessness brings real hardship, characterized by lack of ac¬cess to a wide range of rights and services that others take for granted. Statelessness can even be a factor integral to experi¬ences of acute discrimination and per¬secution, or give rise to sentiments of an identity lost or denied and so awareness of the human impact of statelessness can offer motivation to ad¬dress the phenomenon, as a better un¬derstanding of the extent and scope of the problem enables a more effective re¬sponse.

In this spectacular research I intend to discover whether the international community has reacted satisfactorily to address this vulnerable and sensitive issue of Statelessness. And two separate, yet complimentary conventions aimed at addressing statelessness: the 1961 Convention on the Reduction of Statelessness and the 1954 Convention Relating to the Status of Stateless Persons are taken as the point of consideration as they are only specifically designed ‘legal regime’ to deal with the statelessness at the global level.
An assessment is considered as to whether the conventions are adequately relevant, realistic and effective in meeting the goal of protection of individuals or, then again, whether they have become redundant in view of more recent developments in international (human rights) law.
Thereafter, this work is profoundly designed for providing a basis for recommending improvements, whether this involves the further support, implementation and supervision of the existing Statelessness Conventions or the use of alternative or construction of new instruments. But the indistinguishable purpose of this research will be to raise the level of awareness of all those involved in the effort to address this fascinating issue as because awareness of the human impact of statelessness can offer motivation to ad¬dress the phenomenon, as a better un¬derstanding of the extent and scope of the problem might enables a more effective re¬sponse.
I focused first on the actual avoidance or prevention of statelessness – as the most favorable outcome – and later on the protection of the rights of those persons who nevertheless find themselves stateless.


Key words: statelessness, right to nationality, protection and reduction of stateless people

The OHB of Refugee and Forced Migration Studies - edited by Elena Fiddian-Qasmiyeh, Gil Loescher, Katy Long and Nando Sigona - has now been published in paperback and is available to purchase with a 30% discount with the code on this flyer. 53 excellent chapters by leading academics, policy makers and practitioners.

The book provides an in-depth discussion of democratic theory questions in relation to refugee law.

The work introduces readers to the evolution of refugee law and its core issues today, as well as central lines in the debate about democracy and migration. Bringing together these fields, the book links theoretical considerations and legal analysis. Based on its specific understanding of the refugee concept, it offers a reconstruction of refugee law as constantly confronted with the question of how to secure rights to those who have no voice in the democratic process. In this reconstruction, the book highlights, on the one hand, the need to look beyond the legal regulations for understanding the challenges and gaps in refugee protection. It is also the structural lack of political voice, the book argues, which shapes the refugee’s situation. On the other hand, the book opposes a view of law as mere expression of power and points out the dynamics within the law which reflect endeavors towards mitigating exclusion.

The book will be essential reading for academics and researchers working in the areas of migration and refugee law, legal theory and political theory.

Table of Contents:

Introduction
I. The refugee
Chapter 1 Who is a refugee?
Chapter 2 Who decides who is a refugee?
II. Democracy’s edges
Chapter 3 Citizenship and the claiming of rights
Chapter 4 Democracy between the need for institutions and demands of inclusion
III. The legal conditions of refugees’ political voice
Chapter 5 Institutions of refugees’ political participation
Chapter 6 The role of associative rights for refugees’ political voice
Chapter 7 Humanitarian government and the political membership of refugees
Chapter 8 Representation of refugees in international forums
Outlook

The Convention on the Rights of the Child Committee has tasked Myanmar with establishing measures to address child forced labour violations, principally the worst forms.  This paper focuses on forced child labor in fisheries and proffers the definitive difference between compliance and enforcement measures.  A critical analysis and interpretation of international legal instruments is included as a source of enforcement measures to address Myanmar’s endemic of forced child labor abuses.  The research concludes with discussion on Deterrence Theory as a viewpoint for invoking article 33 of the International Labour Organization’s Constitution actions for ongoing noncompliance.

I will start the essay by addressing the actions of the international community during the 1994 genocide in Rwanda. This will follow with a brief history of the two ethnic groups, the Tutsi and the Hutu, dating from pre-colonial times with a view to establish how the colonial influence has impacted the two ethnic groups into conflict and rivalry, despite long periods of ‘democratic’ living. I
will then argue the IMF-World Bank structural adjustment program caused the deterioration of Rwanda’s economy as another cause, which has influenced the genocide. This will be followed by evidence showing the direct responsibility of the main actors of the international community with a focus on the U. S. and the UK  support of the Rwandan Patriotic Front to secure a legal presence in Rwanda due to geopolitical interests in having access to the Congo’s mineral wealth. I will also argue the accuracy of the officially supported narrative of the genocide, presenting conclusive evidence towards the alternative narrative, which suggests the U.S. and its allies interests in overthrowing the Hutu-based Rwandan government. Finally this essay will briefly discuss post-genocide Rwanda and the crisis in the Congo, coming to the conclusion that mass human rights violations continue to be perpetrated in the Rwanda and neighbouring Congo due to main international actors’ overpowering  geopolitical interests.

Egregious human rights violations have compelled some lesbian, gay, bisexual, and transgender people to seek refuge in countries with better human rights protection. Whilst this movement of refugees essentially began in the early 1990s, it is only in 2008 that the United Nations High Commissioner for Refugees (UNHCR) has directly addressed the issue by releasing the UNHCR Guidance Note on Refugee Claims Relating to Sexual Orientation and Gender Identity. The most significant feature of the Guidance Note is that with its release, the UNHCR has recognized that sexual minorities have encountered a specific set of problems in having the refugee definition applied to their claims. This commentary argues that while the Guidance Note provides a first and necessary interpretive road map for decision-makers responsible for determining such claims, it should not be viewed as a full and complete analysis of refugee claims based on sexual orientation and gender identity.

Paper prepared for the Immigration and Refugee Board of Canada in support of a presentation made to the Board members on sexual orientation, gender identity and the refugee determination process. The paper reviews developments and issues specific to lesbian, gay, bisexual and transgendered refugees and the Canadian inland refugee determination process.

Pro gradu -tutkielma käsittelee sosiaalityötä osana kotoutumista. Tutkielman tarkoituksena on lisätä ymmärrystä pakolaisasiakkaiden kanssa tehtävän työn erityispiirteistä ja tuoda esiin miten monin eri tavoin asiakkaat merkityksellistävät samaa palvelua. Tässä tutkielmassa pakolaisella tarkoitetaan oleskeluluvan kansainvälisen suojelun perusteella saanutta ihmistä. Tutkimustehtävänä on selvittää millaisia merkityksiä asiakkaat antavat kotouttavalle sosiaalityölle ja mitkä tekijät edistävät tai estävät asiakkaan valtaistumista. Tässä tutkielmassa valtaistuminen nähdään siirtymänä marginalisoidusta pakolaisesta tasavertaiseksi yhteiskunnan jäseneksi.

Tutkielma on laadullinen tapaustutkimus, jonka aineisto on kerätty haastattelemalla yhdeksää erään suuren kaupungin kotouttavan sosiaalityön asiakkaana ollutta ihmistä. Teemahaastattelut on toteutettu neljänä yksilöhaastatteluna ja kolmena ryhmähaastatteluna kevään ja kesän 2015 aikana. Aineisto on analysoitu käyttäen teoriaohjaavaa sisällönanalyysiä.

Tämän tapaustutkimuksen perusteella kotouttavan sosiaalityön organisaatiolähtöisyys ja rakenteelliset ongelmat asettuvat asiakkaan valtaistumisen esteeksi. Tällöin asiakas on passiivinen tekemisen kohde työntekijän ollessa aktiivinen toimija. Palvelu on riittämätöntä tai se ei vastaa asiakkaan tarpeisiin. Asiakkaan valtaistumista edistää asiakkaan ja työntekijän välinen toimiva vuorovaikutussuhde. Tuttuun työntekijään syntynyt luottamuksellinen suhde ja työntekijän tavoitettavuus ovat tärkeitä tekijöitä yksilön ja yhteisön välisen suhteen vahvistamisessa. Asiakkaan yksilöllisen tilanteen ottaminen työskentelyn lähtökohdaksi on asiakaslähtöisyyden perusta.

Tutkielman aihe on ajankohtainen, koska kansainvälistä suojelua saavien ihmisten määrä on kasvussa. Jokaisella ihmisellä on pakolaisuudesta huolimatta oma tarinansa ja yksilölliset tarpeensa ja tavoitteensa, jotka selvittämällä voidaan tarjota hänen tarpeisiinsa vastaavaa palvelua. Asiakasmäärien kasvaessa myös kunnan peruspalvelujen ja kolmannen sektorin tarve kotoutumisen tukena kasvaa.

Below you can find available my recently evaluated legal assignment in the course of #MaritimeLaw, under the supervision of Prof. Lia Athanassiou. This theoretical analysis, running through the entire spectrum of the charter-contract, mainly concerns the practical settlement of a legal dispute, due to a possible breach of contractual obligations of the parties, such as deviation of ship's route, late arrival at port due to covid-19 ect.