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The broad adoption of the human-rights based approach to refugee education has not only accentuated the link between education provision and the realization of human rights; it has re-framed refugees as right-bearers. This conceptual shift from 'refugee as victim' to 'refugee as right-bearer' carries with it immense implications also for the way we think of the duty-bearers of refugee education. Once we re-conceptualize refugees as right-bearers, we acknowledge, too, the primacy of duty-bearers and 'global moral obligations'. In this article, I first consider the history of global governance of refugee education, dating back to the ratification of the 1951 UN Refugee Convention. In tracing the shifting role of stakeholders in refugee education, I note, in particular, how the burden of responsibility of education policy and provision has oscillated between local host communities and the UN High Commissioner for Refugees (UNHCR). Next, I look at how rights and responsibilities are conceptualized in forced displacement context, that is, in the absence of a nation-state--traditionally considered the primary duty-bearer of human rights. Finally, I turn to Kant's duty-based ethics, and suggest a Kantian perspective can help expand our understanding of duties and duty-bearers in global refugee education. [ABSTRACT FROM AUTHOR]

Even though inter-state forced displacement is heavily concentrated in the Third World and predominantly constituted of massive migration flows linked to objective and structural socio-economic factors, the protection provided by International Refugee Law remains based on a liberal Euro- and state-centric definition of refugees, culminating in a de facto exclusion of the great majority of the world's refugees. This article advocates the need to conceptually challenge the 1951 Convention refugee definition, proposing the Cartagena Declaration as a Third World human rights alternative to it. The delegitimization of the socio-economic refugee sustains and is sustained by the Western liberal and state-centric logic under which International Refugee Law functions. The recognition of socio-economic rights per se as a basis for refugee status under the Cartagena Declaration constitutes a rupture with that dysfunctional logic. Consequently, the Cartagena 'Spirit' provides, in theory, a comprehensive and up-to-date human rights refugee protection regime capable of encompassing all types of refugees. To materialise the discussion, the article critically analyses the Brazilian application of the Cartagena refugee definition to Venezuelan socio-economic refugees. It concludes that the Brazilian approach does not fully materialise the Cartagena 'Spirit' radical potential, putting into question the 'Spirit' practical feasibility. [ABSTRACT FROM AUTHOR]

A liberal politics is, in moral principle at least, a universalist politics: a politics that assumes that there is no "other"; there is only "us," all entitled to equal treatment. This ideal inspired the 1951 Refugee Convention, which now faces a crisis of consent in Western societies because of the sheer numbers of people claiming refugee protection. Public opinion is also turning against the universalist premise. Citizens ask why they should extend citizenship rights to strangers and why their state shouldn't be able to exclude whom it wants from its borders. How to respond to this crisis of consent? By defending the universalist right of persons in distress to seek asylum, but also by appealing to citizens to reconceive their relationship to strangers as a gift: they give welcome to strangers as a gift that confers obligations on the beneficiary, namely the obligation to live by the rules of the society that made the gift of asylum. [ABSTRACT FROM AUTHOR]

The South Asian region remains an epicentre of forced migration. Women comprise about half the region's refugee population, and many are traumatized by sexual and gender-based violence (SGBV) experienced in their countries of origin and during flight. The 1951 Refugee Convention is not well ratified in the region and few States have developed domestic asylum laws, relying instead on ad hoc policies, core rule of law principles, and constitutional provisions to facilitate refugees' access to essential legal protections. Many refugees in South Asia do not have a clear legal status, which can exacerbate rights violations, including SGBV. Over the years, through judicial activism, courts have developed a layered refugee law jurisprudence relying on criminal justice principles, executive orders, corresponding laws, and key international human rights treaties. These efforts have been complemented by the evolution of several formal and informal systems at the grassroots level, such as community-based dispute resolution mechanisms and State-run legal aid services, which have allowed refugee women and girls to access justice systems and seek redress. This article examines the legal strategies adopted by courts in Bangladesh, Pakistan, and India to uphold the rights of refugee women and girls and to protect survivors of SGBV, in particular. [ABSTRACT FROM AUTHOR]

This article examines how Türkiye evaluates the protection requirements of Afghan women fleeing from persecution in Afghanistan. It considers whether Türkiye grants refugee status to Afghan women as members of a 'particular social group' or on other Refugee Convention grounds. It analyses the jurisprudence of Türkiye's Administrative Courts and Regional Administrative Courts concerning international protection claims lodged by Afghan women between August 2021 and June 2023 to determine whether Türkiye follows a gender-sensitive interpretation of the Refugee Convention and respects the principle of non-refoulement. [ABSTRACT FROM AUTHOR]

Julia Caroline Morris's book, "Asylum and Extraction in the Republic of Nauru," explores the interconnectedness between the phosphate industry and the refugee processing industry in Nauru. By comparing the extractive value of phosphate mineral extraction with the treatment of asylum seekers, Morris sheds light on the social and economic dynamics of Nauru and exposes the capitalist and colonial structures underlying the refugee system. The book challenges existing narratives and calls for a complete reevaluation of the industry. It will be of interest to academics, practitioners, and activists in the fields of migration, critical border studies, and refugee law. [Extracted from the article]

The "Safe Third Country" principle in international refugee law refers to a State's ability to reject a person's asylum application if they have already been granted protection by another country in compliance with the 1951 Refugee Convention. However, asylum seekers face higher risks Of human trafficking because of their transient and vulnerable circumstances, and some of the most frequently implicated Safe Third Countries are consistently ranked in Tier 2 or below in the US State Department's annual Trafficking in Persons Report; this ranking indicates that they are not in full compliance with the minimum standards provided in the Trafficking Victims Protection Act. This Comment argues that asylum seekers who have experienced human trafficking throughouttheir migration journey should be exempted from Safe Third Country agreements with States that rank in Tier 2 or below. It will survey Greece, Turkey, and the Northern Triangle as examples of States often deemed to be Safe Third Countries, yet have recurring difficulties prosecuting human trafficking violations and protecting victims; this Comment will ultimately propose a solution as to how these exemptions can be implemented in practice. [ABSTRACT FROM AUTHOR]

The article reviews the limits of the Ezokola test in Canadian refugee law complicity decision-making, particularly the exclusion of guilt by association for the purposes of Article 1F(a) of the 1951 Convention Relating to the Status of Refugees. It analyzes the interpretation and application of the voluntariness, significance and knowledge elements of the Ezokola test in relation to an individual's contributions to crimes. Trends in court decisions on refugee protection cases are discussed.

The article examines the "Remain in Mexico" policy, also known as the Migrant Protection Protocols (MPP), which requires asylum seekers to wait in Mexico while their cases are processed in the United States. It discusses the criticisms of the policy, including concerns about the dangers faced by migrants and violations of domestic and international laws. The article also explores the reinstatement of the policy by the Biden administration and the challenges faced by asylum seekers at the border. It concludes with recommendations to protect the rights of asylum seekers and calls for congressional oversight and a reevaluation of immigration policies. [Extracted from the article]

The Global Compact on Refugees is touted by its supporters as a soft law instrument that advances solutions for refugees in a way that complements the fundamental human rights protections afforded by the hard law Refugee Convention. In practice, however, the Global Compact appears to have replaced the Refugee Convention as the centerpiece of multilateral dialogue about states' actions vis-à-vis refugees. This paper argues that the substitution of the Global Compact for the Refugee Convention is problematic from a human rights perspective because the Global Compact makes very little provision for refugees' rights and interests, instead focusing on the rights and interests of states. The Compact thus exerts a gravitational pull that distances the forced displacement response sector from the objective of realizing refugees' human rights. To counter this, the paper suggests a need for increased attention and deeper investment in bolstering the use of human rights treaty mechanisms and processes to enforce refugees' human rights. [ABSTRACT FROM AUTHOR]

In 2002 East Timor, following over 20 years of Indonesian occupation, became the world's youngest sovereign state. The violent nature of Indonesian occupation between 1975 and 1999 led to the displacement of many East Timorese who sought asylum in countries such as Australia and Portugal. This article argues that by trying to seek asylum in Australia, East Timorese refugees complicated Australia's bipartisan desire to pursue strong diplomatic relations with Indonesia. A hesitancy to recognise East Timorese arrivals as refugees, as a result of these priorities, was reflected through immigration schemes operating in the 1970s and 1980s such as the Family Reunion Program and Special Humanitarian Program. This impacted Australia's ability to balance its national interests in the Indo-Pacific and its humanitarian obligations, outlined in international legislation such as the 1951 Refugee Convention and 1967 Refugee Protocol. It also reflected broader diplomatic challenges Australia faced when addressing the situation in East Timor. Exploring this turbulent period in Australian foreign policy through the lens of immigration, this article contributes to research examining the role Australia played in the occupation of East Timor. It also investigates the meanings of dual representations of refugees as both victims and agents within migrant-centered historical accounts. [ABSTRACT FROM AUTHOR]

The increasing number of refugees each year has caused the government difficulties in handling refugee issues. The absence of law concerning refugees in Indonesia has caused weak coordination between related institutions in field. In this paper will discuss what the urgency, relevance, and obstacles faced by Indonesia in the process of ratification of the 1951 Convention and 1967 Protocol. This research was carried out using a normative juridical approach, by examining a legal problem and resolving it through applicable laws and regulations. The urgency to ratify this Convention can strengthen the human rights institutions in the country, although this is not the only indicator for good human rights implementation. It is because some human rights norms are in fact also regulated in domestic legislation in the current reform era this. Indonesia can not exclude the existence of the International Convention on Human Rights. Even it is necessary to bring the domestic and international factors closer. The relevance to ratify this Convention will enhance the international accountability of a country through a more objective and civilized way. Meanwhile, in terms of legal technical considerations, the ratification will strengthen and enrich the national legal instruments so that it will better ensure the progress and protection of human rights better. Ratification can even be a shortcut to bring closer the existing gap between legal instruments at the international and national levels. Obstacles faced are categorized into two aspects, namely the security and legal aspects. The security aspect caused by refugees is often seen as a threat to the state. While the legal aspects of the law are caused by the absence of comprehensive rules in regulating the refugees and asylum seekers in positive law in Indonesia that can weaken the coordination between agencies in the field. As a lawbased country that highly appreciate human rights, ratification of The 1951 Refugee Convention and 1967 Protocol must be a priority. Both instruments are relevant, since the substance is not only heavily loaded with regulation about human rights but also in line with cultural values and norms in Indonesia. As such, the process of ratification needs to consider the country readiness, in terms of technical, political and legal aspects, since those aspects are sometimes challenging. On this matter, ratification is expected to narrow the gap between national and international instruments of law. [ABSTRACT FROM AUTHOR]

Financial crimes were recently recognized by the Conseil d'État, France's supreme administrative court, as 'serious non-political crimes' for the purposes of exclusion under article 1F(b) of the Refugee Convention. Such an extension of the scope of article 1F(b) raises questions regarding the seriousness threshold of article 1F(b) and its link to bodily harm. A first approach would be to establish the indirect relationship between financial crimes and bodily harm. Another approach would be to discard the concept of bodily harm as being pivotal in understanding the scope of the exclusion clauses. This second solution would have crucial implications for the theoretical underpinnings of the exclusion clauses of article 1F of the Refugee Convention, namely on the concept of unworthiness. In this regard, the recognition of financial crimes as rendering an asylum seeker unworthy of protection highlights the link between exclusion and moral and societal concerns. [ABSTRACT FROM AUTHOR]

The article offers a perspective on the relevance of international refugee law in 2033. It points out the adaptability of the 1951 Refugee Convention to changing contexts and interpretation and considers the principle of non-refoulement in human rights law as an extension of protection to people facing risk to their life. It discusses the relevance of international refugee law in climate change and disasters and the use of artificial intelligence and machine learning in humanitarian assistance.

Persecution, a core concept of the 1951 Refugee Convention's definition of 'refugee', is generally thought to entail both serious harm and a failure of State protection. The predominant view in refugee law is that the harm a refugee fears will take place within their country of origin. Yet, trafficked persons who fear (transnational) re-trafficking experience harm mainly outside the country of origin. As such, their asylum claims raise difficult doctrinal issues, in particular regarding how the State of origin can be expected to protect against harm taking place outside its territory. This article seeks to answer this question by examining trafficking-based asylum claims from the United Kingdom and Germany and the relationship between future risk, harm, and State protection. It argues that to understand effective State protection against re-trafficking, it is necessary to pay attention to the individual types of harm experienced in the trafficking context and to their sequence. This allows an understanding of persecution as cumulative, with the State of origin's failure to protect against harm experienced in its territory resulting in additional harm experienced outside the country. This understanding of persecution resolves the doctrinal issues raised by trafficking-based asylum claims and has wider implications for individuals who experience harm in the context of irregular migration. [ABSTRACT FROM AUTHOR]

This article examines the interwoven relationship between article 1F (the exclusion provision) of the 1951 Refugee Convention and the inadmissibility scheme based on the grounds of security, violation of human or international rights, serious criminality, or organized criminality (SHSO) in Canada. Incorporating evidence from a literature review, case law, statistics, and interviews conducted with practitioners in Canada, this research demonstrates that Canada deliberately chooses to review the cases of refugee claimants about whom there are serious reasons to consider that they have committed grave crimes under the inadmissibility scheme rather than under article 1F. Accordingly, the article argues that the exclusion provision in Canada, through practice and with an intentional design, has turned into the inadmissibility proceeding. This shift from the exclusion provision to the inadmissibility scheme is problematic since using the broader SHSO grounds instead of article 1F violates Canada's international obligations under the Refugee Convention. [ABSTRACT FROM AUTHOR]

This article argues that the Global Compact for Safe, Orderly and Regular Migration (GCM) is not only a breakthrough for a rights-based approach in international migration governance but also an asset to the international protection system. By way of example, three key issues of the European Union's (EU) Common European Asylum System are discussed: access to protection, reception conditions, and detention. These examples illustrate that faithfully implementing the Migration Compact would require the EU and its Member States to make significant changes in their asylum policy. The parallel emergence of the Global Compact on Refugees (GCR) may suggest otherwise – namely, that the GCM is not relevant for refugees and other protection-seeking migrants. However, the legal construction that best serves the object and purpose of both documents is the assumption that the two Compacts have an overlapping scope of application. The GCM addresses specific protection needs of protection-seeking migrants who are not covered by the 1951 Refugee Convention, and it serves as an umbrella, strengthening the core human rights of migrants regardless of their status, including protection-seeking migrants. Hence, the GCM improves the international protection system as a whole and should be acknowledged as such. [ABSTRACT FROM AUTHOR]

This article discusses the experiences of an Irish diplomat involved in high-level diplomatic negotiations, focusing on the importance of considering the collective good and pursuing agreements that benefit humanity as a whole. The author specifically highlights their leadership roles in global negotiation processes at the United Nations, including the review of the Millennium Development Goals and the development of the Sustainable Development Goals. The challenges and complexities of these negotiations are described, emphasizing the need for consensus and cooperation among member states. The author also shares their experiences in brokering major agreements at the UN, highlighting the involvement of civil society organizations, the complexity of the issues, and the need to balance the interests of different countries. The importance of clear vision, inclusive approaches, and effective communication in achieving collective agreements is emphasized. The Sustainable Development Goals and the New York Declaration on Large Movements of Refugees and Migrants are praised for their contributions to global public goods and their resilience. The author also draws on their experiences in negotiating the Good Friday Agreement in Ireland to highlight lessons learned about leadership for the collective good. [Extracted from the article]

Copyright of GWP: Gesellschaft Wirtschaft Politik is the property of Verlag Barbara Budrich GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Since its origins in the 1980s, the concept of safe third country (STC) has increasingly been used to deter and curb 'irregular migrant' arrivals. A burgeoning body of research has considered these measures throughout the world, particularly in the European Union (EU), Canada, Australia, and the United States. While much STC scholarship has been doctrinal in nature and has focused on the protection standards required in a third State, some of the literature has also examined more theoretical questions. Against this background, this article explores the consequences of the STC concept for refugees and their (in)ability to seek and enjoy asylum by drawing on critical border studies literature. The article first conceptualizes this concept with reference to theories of bordering, dissecting the STC concept as a bordering tool which constructs subjects as worthy and unworthy of protection, and decides where the latter are to be protected. It then explores how this concept has been operationalized within the EU's Common European Asylum System and the implications of this phenomenon for refugees, using the Greek–Turkish context as a case study. The article particularly considers the developments after the EU–Türkiye Statement of 18 March 2016 and a joint ministerial decision of 8 June 2021 by which Greece formally designated Türkiye as a STC. It reveals that while these measures came in response to the so-called irregular arrivals at the Greek–Turkish border, thousands of refugees affected by these measures have been either removed from the Greek territory and returned to Türkiye without protection, or trapped in limbo in Greece because of their removal from the EU asylum system. The article demonstrates that the STC concept, which is increasingly used as a bordering practice, spatially and temporally prevents certain people from being recognized and treated as refugees in accordance with the Refugee Convention. [ABSTRACT FROM AUTHOR]

Understanding the role of external actors is essential to understanding the United Kingdom's (UK) securitization agenda in the field of asylum. Whilst the internal dynamics of securitization in migration and asylum and its links to the Brexit referendum have been extensively analysed, the externalization of asylum and its connection to the so-called 'hostile environment' policy have received less attention. This article addresses this gap, and focuses on how the Nationality and Borders Act 2022 and the UK–Rwanda Memorandum of Understanding for the relocation of asylum seekers advance the externalization of asylum post-Brexit. It examines how these reforms reinforce the securitization that characterizes the UK's asylum and migration policy and evaluates how they exclude asylum seekers from access to basic human rights, in violation of the 1951 Refugee Convention and the European Convention on Human Rights. [ABSTRACT FROM AUTHOR]

As a non-signatory to the 1951 Refugee Convention and its 1967 Protocol, Saudi Arabia is often portrayed as a State that refuses engagement with the global legal norms and supporting institutions focused on the protection of refugees. This article contends that this is not the case, and closely examines Saudi Arabia's relationship with the international refugee regime by asking what was Saudi Arabia's role in the drafting of the main refugee protection instruments, and what is its approach – past and present – to acceding to the 1951 Convention? How does Saudi Arabia engage with the United Nations High Commissioner for Refugees (UNHCR) – on the global plane but also through UNHCR's activities in the country? Drawing on hitherto unresearched material from the UNHCR archives pertaining to the years 1962–94, as well as interviews with key government and UNHCR actors, this article argues that Saudi Arabia engages substantively with the international refugee regime. It discusses how Saudi Arabia participated in the drafting processes of the main refugee protection instruments and shows that accession to the 1951 Convention appears to have been seriously considered at certain junctures. The article also explores Saudi Arabia's relationship with UNHCR. In addition to focusing on Saudi Arabia's role in the UNHCR Executive Committee, it looks more closely at UNHCR's activities in the country, identifying three phases of UNHCR involvement – establishment (1987–97), expansion (1998–2005), and consolidation (2005–). It finds that UNHCR's approach to Saudi Arabia is characterized by pragmatism rather than by principle, and that Saudi Arabia has been able to influence the way UNHCR implements its mandate in the country, as well as beyond. Importantly, Saudi Arabia is a gatekeeper for UNHCR operations in the Gulf region and in Muslim-majority countries more generally. Similarly, UNHCR is an important vessel for Saudi Arabian humanitarianism. [ABSTRACT FROM AUTHOR]

We are honoured to present this special issue of the I Refugee Survey Quarterly i on the contemporary role of the global refugee regime in Africa. THE GLOBAL REFUGEE REGIME IN AFRICA TODAY The global refugee regime remains difficult to define, with no legal or even agreed definition.[2] As a result, it is frequently left undefined in policy discussions and academic articles. Indeed, the papers show how different forms of State marginalisation instrumentalise refugee regime norms, categories and laws to realise broader political goals of African governments. The third theme that arises through the five papers is I resisting the refugee regime. i Supporting previous research on this topic, Hetaba et al. highlight how many forced migrants in Egypt prefer to settle informally due to the perceived barriers in obtaining refugee status through UNHCR and the host State. [Extracted from the article]

In the early 1980s, the People's Republic of China (PRC) and Japan joined the international refugee regime. This timing similarity is puzzling due to the stark differences between the PRC as a communist and authoritarian state versus Japan as a prime example of capitalist development and democratization. Moreover, although both signed the 1951 Refugee Convention and the 1967 Refugee Protocol without major reservations, neither of them has fully implemented these treaties. Discussions regarding the PRC's and Japan's engagement with the international refugee regime tend to start with the beginning of the Indochina refugee crisis in 1975. However, this article shows that the early decades of their interaction with the international refugee regime are of crucial importance for a full understanding of the timing and form of accession to the international refugee regime. Although the Southeast Asian refugee crisis played an important role as a trigger, it was the changing character of the international refugee regime and the transformations of state identity in both countries that set the ground for the signing of the refugee-related conventions. [ABSTRACT FROM AUTHOR]

This study compares the legal frameworks of Hungary and Indonesia in dealing with the massive influx of refugees in their respective countries. While Hungary has successfully reduced the number of asylum seekers through a “ fortress” approach using its Asylum Act of 2007, Indonesia’s legal framework, as seen in Presidential Regulation 125/2016, lacks the procedures for converting asylum seekers into refugees. This is compounded by the absence of a refugee status determination process in Indonesia, making it challenging to provide assistance to increasing numbers of asylum seekers entering the state yearly. To address this problem, Indonesia must first make national legal changes that reflect its sociopolitical realities before ratifying the 1951 Refugee Convention and the 1967 Protocols. In contrast, Hungary’s legal framework, while effective in reducing the number of asylum seekers, has been criticized for being restrictive and failing to respect human rights. [ABSTRACT FROM AUTHOR]

Copyright of Belügyi Szemle (2010) is the property of Ministry of Interior of Hungary and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Rohingya crisis has been widely recognized as one of the most significant human rights and humanitarian crises in recent times. The crisis has also led to the displacement of millions of Rohingya refugees who have been forced to flee their homes and seek the protection of neighboring countries. The paper begins by exploring the history and development of the nonrefoulment principle and its incorporation into international refugee law including various legal instruments, legal framework and mechanisms, and treaties that have modified the principle including the 1951 convention relating to the status of refugees and its 1967 Protocol with an Indian perspective. The paper then analyses the application of the non-refoulment principle to specify the situation of Rohingya refugees, including the challenges and obstacles they face in accessing protection from forced return. Further, this paper explores the role of international organizations and actors in upholding the non-refoulment principle and protecting the human rights of refugees, especially the efforts of the United Nations High Commissioner for Refugees (UNHCR). [ABSTRACT FROM AUTHOR]

Copyright of Estudios de Derecho is the property of Estudios de Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article explores Turkey's century-long asylum policies by highlighting two enduring policy considerations. The first is Turkey's process of convergence with the norms and principles of the global refugee regime. The second is the persistent practice of granting refugees protection of a temporary nature. These two policy considerations are discussed by employing the conceptual frameworks of 'policy diffusion' and the 'nationalizing migration state.' The study concludes that Turkey's asylum policies have been shaped by the tension between these two policy considerations over the past century. [ABSTRACT FROM AUTHOR]

Recent scholarship has insightfully explored the colonial roots of the UN Refugee Convention of 1951. In this work I seek to extend this line of argument by situating the adoption of the Additional Protocol of the Refugee Convention (1967) in relation to the transformations of international order following the Second World War. Contra the conventional account, this article shows that the Additional Protocol was created in no small part due to fears that the UN Refugee Convention would be unable to claim universal status due to competing 'regional' refugee conventions. Breaking down four meanings of 'universal' and drawing on archival documents of the Organization of African Unity (OAU), the Asian-African Legal Consultative Committee and the United Nations High Commission for Refugees, I explore efforts by newly independent African and Asian countries to find voice in an exclusionary international order. Reading the Bangkok Principles and OAU Convention as collective subaltern resistance against efforts to discipline newly independent states offers new insights into contemporary international struggles and brings refugee studies into productive dialogue with critical international relations. [ABSTRACT FROM AUTHOR]

The ongoing Syrian conflict has resulted in millions of refugees fleeing the country since 2011. In 2015, the Malaysian government pledged to host 3000 Syrian refugees to continue their lives safely in Malaysia before returning to Syria when the war ends. However, Malaysia has not ratified the 1951 Refugee Convention or its 1967 Protocol, which serves as an international treaty that recognises refugees' status and protects their rights. Due to the non-existence of a legal framework to protect refugees and externally displaced persons, this article argues that human security threats are very likely to be faced by Syrian refugees in Malaysia, despite the implementation of the Syrian Migrant Temporary Settlement Program (PPSMS) by the Malaysian government. Through qualitative research and in-depth interviews with selected government officials, Syrian refugees and non-governmental organisations (NGOs), the analysis in this article revealed that there are major security concerns that have impacted existing Syrian refugees in Malaysia, which can be viewed from different interdependent human security dimensions, such as political, economic, health and social security. [ABSTRACT FROM AUTHOR]

This article examines the construction of identity and the 'particular social group' (PSG) under the 1951 Refugee Convention. In particular, it analyses the ways in which the identity of a non-binary asylum claimant is discussed in the Mx M case in the UK, and what the implications of this might be for the project of queering the PSG. The article identifies four central challenges for queering and navigating the PSG, informed by Judith Butler's notion of a 'double movement'. These are the demand for recognition; the threat of erasure and/or misrepresentation; the contestation of universal, objective and/or essentialist categories; and the inseparability of violence from resistance. The article argues that strategic flexibility offers the greatest potential for individual claimants and for the wider project of queering the PSG, rather than trying to resolve the challenges by consistently adopting any single approach to PSG construction. [ABSTRACT FROM AUTHOR]

Since the beginning of the Russian invasion of Ukraine more than one million Russian citizens have left Russia. This Russian migration is a political protest against Vladimir Putin’s regime — people are leaving due to their opposition to the war, persecution by authorities, and fear of mobilization — and are writing about this migration online. Despite fulfilling the Convention Relating to the Status of Refugees (1951 Refugee Convention or the Geneva Convention of 28 July 1951) conditions, these Russian migrants have not yet received international recognition, and most live in total uncertainty in poor countries in the South Caucasus and Central Asia with temporary visas and no possibility of entering Europe. This paper has two purposes. The first is to describe this group of migrants that challenges the definition of who is a refugee, in the context of this specific military conflict. The second purpose is to examine digital narratives published by these Russian migrants, characterized by a sense of living in uncertainty [ABSTRACT FROM AUTHOR]

This paper investigates whether and how International Law on Indigenous Peoples (ILIP) can complement protections granted under International Refugee Law (IRL) and International Human Rights Law (IHRL) to refugees in camps in Thailand. Presently, there are over 90,000 refugees from Myanmar in Thailand, confined to nine camps along the Thailand–Myanmar border. These refugees belong to different ethnic minority groups, but the vast majority are Karen—Indigenous Peoples from the Thailand–Myanmar border regions. They have fled to Thailand due to persecution by Myanmar authorities and segments of the Myanmar population. To date, Thailand has refused to become a party to the 1951 Refugee Convention or its 1967 Protocol. The country has failed to develop an asylum system and its laws continue to regard refugees as 'illegal migrants'. These refugees have been surviving in conditions of profound rightlessness. I posit that ILIP has a critical role to play in addressing the protection gaps and limitations in IRL and IHRL. In particular, the ILIP system of collective rights is vital in recognising the specific needs of refugees who are indigenous peoples. ILIP therefore provides a potent tool to make IRL and IHRL more responsive to the protection needs of indigenous refugees. [ABSTRACT FROM AUTHOR]

In the article two different international protection mechanisms for persons who are forced to leave their homes for the sake of personal safety and the safety of their children (refugee status and temporary protection) which are currently provided for in European law are examined and compared. The main international document that regulates the issue of refugees is the UN Convention on the Status of Refugees of 1951. The issue of temporary protection is regulated by the EU Council Directive № 2001/55/EC of 07/20/2001, which was activated for the first time in history by the EU Council Decision № 2022/382 of 03/04/2022 to protect persons fleeing Ukraine due to a large-scale invasion by Russian armed forces began on 24 February 2022. The grounds for obtaining refugee status are individual and internal in nature (reasonable fears of a person becoming a victim of persecution), and therefore a long and complex administrative procedure for obtaining it. The grounds for obtaining temporary protection have a collective and obvious external nature (a mass influx of forcibly displaced persons in connection with a real threat), and, accordingly, the maximally simplified and fast (immediate) procedure confirming that the person is covered temporary protection. [ABSTRACT FROM AUTHOR]

Italy abolished the 'geographical limitation' permitted by the 1951 Refugee Convention only in 1990. Thereafter, it could award refugee status to people in flight from countries outside Europe. Why did Italy come so very late to this resolution? To answer this question, this article intercuts analysis on various different fronts: the strategies of successive national governments; the actual presence on Italian soil of people needing asylum, and the response of local communities; and Italy's location in the international setting. It demonstrates that until the end of the 1970s the Italian authorities continued to see the refugee issue as principally a problem for its internal policy. Italy remained disconnected from the global turn in policy on refugees, which many historians have placed in the period that spans the late 1950s and early 1960s. In their view, state institutions, voluntary agencies, and the international public experienced profound changes at this time in their perception of refugees, starting to see them as a problem at the global level rather than just affecting Europe. For Italy, however, this was not the case, and we therefore need to question the actual impact of the global turn delineated by the studies. [ABSTRACT FROM AUTHOR]

This study examines Rohingya living in Malaysia. Myanmar's discriminatory citizenship laws have stripped nearly all Rohingya of their citizenship, making them the largest stateless ethnic group in the world. Malaysia is one of the most popular destinations for the displaced Rohingya from Myanmar. As Malaysia is not a signatory to the 1951 Refugee Convention and its 1967 Protocol, the Rohingya are not entitled to any legal protection under the existing law in their host country. This study aims to identify the challenges faced by displaced Rohingya regarding their right to work, and the response from the Malaysian government. The methodology used for this research is a multi-site case study with the case study sites being Kuala Lumpur, Selangor, Terengganu, and Pahang. After intensive fieldwork and meetings with different stakeholders, this research revealed that Malaysian people are sympathetic to the Rohingya and wish to assist them within their limited capacities. Overall, this study argues that there is no consistent government policy and a lack of coordination between the Malaysian government and international agencies working to improve the welfare of the Rohingya. [ABSTRACT FROM AUTHOR]

As the conflict in Ukraine continues to worsen and individuals flee from the country, many face the next challenge of acquiring some form of recognition and protection in the states protecting them. The European Union (EU) is experimenting with a new approach that may serve as a model for others that sacrifices some of the protections of the Refugee Convention for speed and efficiency. While it borrows the same concepts, framework, and core rights from the Refugee Convention, it remains unclear whether that status and its rights will be interpreted and implemented in line with the traditional application of the Convention. It also remains unclear whether the new system serves to simply avoid refugee recognition at all. As this experiment unfolds, other states are watching to see if adopting similar approaches would work for them. As an alternative, and in parallel, Europe may also begin considering Ukraine for EU membership, thus granting Ukrainians EU citizenship. Again, here such fast-tracked status would constitute an experiment, deviating from the typically slow EU accession process. Thus, the conflict in Ukraine, and the resulting influx of people fleeing the conflict, is triggering a highly experimental, emergency approach to providing protection, status, and rights that may serve as a model for other states in future situations of mass influx. [ABSTRACT FROM AUTHOR]

Sections III and IV consider whether duties to needy migrants are more stringent than duties to the distant needy because, unlike the distant needy, needy migrants will be harmed (or its moral equivalent) if they are prevented from making themselves safe by being excluded from territory controlled by wealthy states. And assisting needy migrants might also assist the distant needy - migrants to wealthy countries may send remittances home, or may eventually return with new skills that aid development. Duties not to block needy migrants from using resources produced in wealthy countries that these migrants need are no more stringent than duties to assist the distant needy. As no needy migrant has a right to be saved, wealthy states do not wrong any particular needy migrant by failing to save that migrant. Horrific scenes of needy migrants attempting to enter wealthy countries, often after expensive, arduous, and dangerous journeys, move many to believe that more such migrants should be permitted to enter and reside. [Extracted from the article]

Drawing on a detailed history of the 'ceased circumstances' cessation clause that was invoked for Eritrean refugees in 2002, this article highlights why the starting point for any analysis of the application of article 1C(5) of the 1951 Convention relating to the Status of Refugees must focus as much on politics as on law. This is not only because of the impossibility of insulating States and the United Nations High Commissioner for Refugees (UNHCR) from the political pressures that surround any determination of 'ceased circumstances' in a particular country, but also because the very standards on which such a determination rests are inherently relational, circumstantial, and political. Despite guidelines on the application of the clause promoting an 'objective and verifiable' approach, they rest on assessments of a 'functioning' government and 'effective' protection, of acceptable standards of human rights, and of the 'best interests' of refugees, all of which are geographically and historically contingent. The article thus argues that focusing on the legal standards that ostensibly underpin any invocation of article 1C(5) may perpetuate the fallacy that these standards can ever be objectively determined and, in focusing attention on how to better clarify these thresholds and conditions, this approach may, in certain instances, divert attention from confronting the political pressures that govern the application of the clause. [ABSTRACT FROM AUTHOR]

The 1951 Convention relating to the Status of Refugees (Refugee Convention) provides protection for people with a well-founded fear of persecution who find themselves outside their country of nationality. The treaty not only sets out a legal status for those recognized as refugees by the country of asylum, but also certain civil, political, social, and economic rights throughout the refugee status determination process. Yet, despite being faced with the highest numbers of displaced people since the Second World War, States parties to the Refugee Convention routinely fail to meet the standards set out by the Convention. This article explores how domestic courts enforce treaty compliance not as a matter of international law, but rather by using the concept of constitutional dignity. The discussion examines how constitutional courts around the world have used dignity as both a substantive right and a functional standard in order to fulfil the promises of the Refugee Convention. The article concludes with an argument for dignity as a powerful tool to fill gaps in refugee protection globally. [ABSTRACT FROM AUTHOR]

Sections III and IV consider whether duties to needy migrants are more stringent than duties to the distant needy because, unlike the distant needy, needy migrants will be harmed (or its moral equivalent) if they are prevented from making themselves safe by being excluded from territory controlled by wealthy states. And assisting needy migrants might also assist the distant needy - migrants to wealthy countries may send remittances home, or may eventually return with new skills that aid development. Duties not to block needy migrants from using resources produced in wealthy countries that these migrants need are no more stringent than duties to assist the distant needy. As no needy migrant has a right to be saved, wealthy states do not wrong any particular needy migrant by failing to save that migrant. Horrific scenes of needy migrants attempting to enter wealthy countries, often after expensive, arduous, and dangerous journeys, move many to believe that more such migrants should be permitted to enter and reside. [Extracted from the article]

The article analyzes the evolution of the concept of refugee and the regulation of regional systems for the protection of human rights. It highlights the invocation of the UNHCR for Latin American states to recognize Venezuelan migrants as refugees. Relevant international conventions are mentioned, such as the Convention on the Status of Refugees and the Protocol on the Status of Refugees. The article concludes that Venezuelan migrants should be recognized as refugees and suggests that Peru carry out a collective recognition. The document compiles references and citations from different sources related to the topic of refugees and international protection. [Extracted from the article]