Protection of Refugees, Returnees, Migrants, and Internally Displaced Persons Against Racism, Xenophobia, and Discriminatory Practices

Abstract

Given the rise of nativism, populism, and authoritarianism in the world, there is a need to examine the situation of foreigners and persons perceived to foreigners, including refugees and IDPs. There are currently three scenarios faced by refugees and IDPs: protracted camps/warehousing, urbanization, and detention. This article will outline the range of human rights violations and accountability gaps in each of the three scenarios faced by refugees, arguing that these are examples of structural xenophobia. It will discuss normative gaps within international law and analyze the role of compliance mechanisms in the UN Human Rights Treaty Body Regime and regional human rights bodies. The article underscores the risk of inaction by the international community in the face of discrimination against refugees, using the case study of Norway. The conclusion will suggest a way forward by supporting the proposal for a new Protocol to the UN Convention on the Elimination of Racial Discrimination addressing xenophobia.