International Refugee Protection Research Articles

How safe is the zone, and how voluntarily are the returnees? Turkey’s project for a ‘safe and dignified’ voluntary repatriation of Syrian refugees and the potential implementation of R2P on behalf of returnees

ABSTRACT The millions of refugees in Turkey are left in political limbo. Anti-refugee sentiment in society has also become an issue. However, in contradiction to the earlier Muslim solidarity rhetoric of ‘Muhajir and Ansar’, the Turkish government has been implementing its repatriation project that requires a ‘safe and dignified’ voluntary return of a million Syrian refugees to Turkey's safe zone in Northeast Syria. The article argues that the country's current political, economic and social conjuncture overshadows the voluntary character of the government's repatriation project and claims that Turkey's voluntary repatriation project does not meet the requirements of the international refugee protection regime. Building on the policy-oriented approach to international law, the article examines the potential implementation of the preventive dimension of Responsibility to Protect (R2P) on behalf of Syrian ‘returnees’. The article concludes that the ‘two-phase’ responsibility strategy that imposes responsibilities on the host country and the international community, which would be implemented simultaneously in Turkey's repatriation project, can protect returnees from possible danger in Syria. However, it can also set a precedent for future cases by filling a gap in International Refugee Law that does not address voluntary repatriation.

Crisis of Human Rights of Refugees and Asylum Seekers in Japan

The year 2022 marks the 40th anniversary of the start of Japan’s refugee recognition system. Despite being a prosperous democracy and a staunch supporter of the international system, Japan has consistently admitted only a small number of refugees. According to the Immigration Services Agency of Japan, the number of people recognised as refugees in 2022 reached a record high of 202, while those not recognised exceeded 10,000. Furthermore, the legislative bill to revise the Immigration Control Law, passed by the House of Councillors Judicial Committee on June 8, 2023, limits applications for refugee recognition to twice in principle. From the third application onwards, there is a possibility for forced deportation to the applicants’ home countries. This legislative bill can be seen as violating the human rights of refugees and asylum-seekers, contravening international human rights law, and the 1951 Convention Relating to the Status of Refugees. Therefore, this article specifically explores Japan’s stronger stance on control over protection, whether its low recognition rate indicates non-compliance with international refugee protection criteria, and the reasons behind this. These aspects will be methodically examined, employing rationalist, normative, and domestic institutional theories of international conformity. Finally, the article will suggest measures to improve Japan’s refugee recognition rate and enhance the protection of the human rights of refugees and asylum seekers.

International legal aspects of regulation of forced migration

The article examines the peculiarities of the legal regulation of the international legal regulation of forced migration and the determination of prospects for its development. The opinion is expressed that the emergence of new technical means and methods of production, means of communication, changes in the social sphere of states, deformation of the geopolitical space and many other factors of a socio-economic and political nature caused the growth of migration flows in the world. It has been established that the state policy in the field of population migration is designed to ensure the regulation of population migration movements, overcoming their negative consequences both for the international community, each country in general, and each migrant in particular.
 It is noted that the Universal Mechanism for the Protection of the Rights of Forced Migrants is based on the Convention Relating to the Status of Refugees of 1951 and the Protocol Relating to the Status of Refugees of 1967. In addition, it is emphasized that an important role in ensuring the international protection of refugees and asylum seekers is also played by the Recommendations acts adopted within individual UN bodies, as well as other universal documents supplementing the specified legal array.
 Based on the analysis of scientific points of view and legislation, the author comes to the conclusion that the main norms of international and regional acts in the field of forced migration, which serve as guidelines for domestic systems of legislation and law enforcement, as well as for global tools for solving the problems of forced migration in general, are the principles non-discrimination, non-refoulement, family unity, interstate cooperation, international solidarity and observance of the best interests of the child. The need to create effective mechanisms for the implementation of international legal documents in the field of forced migration, to strengthen the international responsibility of states, and to determine the optimal methods of final or long-term solutions to the refugee problem was noted.

“My Life Has Ended”: Exploring the Refugee Protection Process and How it Affects Future Orientation in Refugees

Much of refugee protection focuses on the legal aspects within the international refugee protection regime, which arguably results in less attention being paid to the more practical aspects to the realisation of that protection including the processes the refugees have to undergo as well as its impacts. As a cornerstone of the international refugee protection regime, non-refoulement (the forcible return of people to countries where they face persecution) is also a jus cogens (peremptory norm from which no derogation is permitted) principle. While crucial in and of itself, a meaningful protection regime should ideally result in further non-violation of refugees’ human rights including the prevention of refugees being revictimised, particularly when undergoing processes intended in securing their protection. Through refugee narratives, this article takes us on a journey in exploring some of the ways in which the protection regime may contribute to harming refugees. Further, based on refugee testimonies, this article sheds light on the probable impacts to refugees’ future orientation, an outcome of having undergone the protection processes as they take the perilous journey from flight to resettlement. More critically, this article aims to open the discussion further with a view to improve protection outcomes and prevent revictimisation of the refugees themselves as they navigate these various processes.

Compatible Compacts? The “Social Life” of Vulnerability, Migration Governance, and Protection at the Zimbabwe–South Africa Border

The central argument of this paper is that interventions of humanitarian organizations at the Zimbabwe–South Africa border reveal the importance placed on making very clear distinctions between those needing protection and those who do not. This is the case even in times wherein migrants have other protection needs that fall outside these boundaries or intersect with those of others. These boundaries are retained in the stable definitions of migrant in/vulnerability that have been legitimized by the increased emphasis of two separate frameworks: one, the Global Compact for Safe, Orderly, and Regular Migration (GCM) for managing migration and the other, the Global Compact on Refugees (GCR) that determines a set of stable norms for international refugee protection. These mandates are also connected to other tidy, established identities of vulnerability that pertain to gender, health, legal standing, and persecution. In contexts marked by conflicting and overlapping experiences for persons on the move, and mixed migration flows, these ideas are unstable as a way of governing migration. This is because they can also reproduce and intensify social divisions that may lead to inconsistencies and unethical practices in international protection and migration governance for irregular migrants, as well as failures to respond to “the ‘social life’ of vulnerability.” We propose this novel concept in the paper to capture and reimagine the limits and possibilities for protection

International Human Rights Law and the Protection of Refugees in the Modern World

Purpose: The main objective of this study was to explore international human rights law and protection of refugees in the modern world.
 Methodology: The study adopted a desktop research methodology. Desk research refers to secondary data or that which can be collected without fieldwork. Desk research is basically involved in collecting data from existing resources hence it is often considered a low cost technique as compared to field research, as the main cost is involved in executive’s time, telephone charges and directories. Thus, the study relied on already published studies, reports and statistics. This secondary data was easily accessed through the online journals and library.
 Findings: The findings revealed that there exists a contextual and methodological gap relating to international human rights law and the protection of refugees in the modern world. Preliminary empirical review revealed that while international human rights law serves as a fundamental cornerstone for refugee protection, it is essential to bridge the gap between legal norms and practical implementation. Enhancing the protection of refugees in the modern world requires continued research, advocacy, and concerted efforts at the international, regional, and national levels to ensure that refugees are afforded the rights and dignity they deserve as they seek safety and refuge in an increasingly complex global landscape.
 Unique Contribution to Theory, Practice and Policy: The Liberalism theory, Constructivism theory and the Critical theory may be used to anchor future studies on the protection of refugees in the modern world. Recommendations made by the study include the following: strengthening implementation and compliance, enhancing regional and international cooperation, addressing root causes and prevention and engaging in legal reforms and adaptation.

Being migrant or nomadic or refugee in the Nusantara

PurposeLocal cultures under the nation-states have evolved and produced new concepts. Migrations and cultural interactions have also influenced the language. Thus, different conceptualisations of migration have developed in the “Malay World.” Language is not only a product of ecological and geographical environment, but it is also a result of human mobilisations and cultural intercourses. The differences caused by various Malay World conceptualisations are also related to different interactions, histories and social realities. In the “Malay World,” Bahasa Malaysia and Bahasa Indonesia are threatened by English hegemony. At this juncture, demonstrating these interrelationships helps one to understand local cultural intercourses between culture and social reality.Design/methodology/approachThis paper implements the critical discourse analysis, notably, the dialectical–relational approach to different conceptualisations in the “Malay World.” Thus, it aims to discuss the reasons behind the usage of migration-related terms in Indonesia and Malaysia. How migration terms mainly shape social forms, process and circulate in the social world is argued in this paper. The authors target to investigate the local meaning sets for migration concepts and explore self-reflectivity in and critique of the usage of established images between Bahasa Indonesia and Malay concepts, using a Critical Discourse Analysis framework. The discussion section attempts to analyse and explain dialectical relations between social norms and social elements.FindingsTrade diasporas, culture and identities of immigrants, cultural richness and multi-ethnicity have continuously diversified the conceptualisations. These concepts also indicate cultural dominations and exclusions. Thus, the migration dynamics in Southeast Asia might be understood by scrutinising these boundaries and patterns. This study showed that migration conceptualisations in the Malay world are substantially locally determined. Local wisdom and cultural codifications prevail in the migration context. A deeper understanding of the local context is essential in evaluating the international refugee protection mechanisms in these countries as neither Indonesia nor Malaysia are parties to the Geneva Convention Relating to the Status of Refugees.Research limitations/implicationsDefinitions of various types of migration are referred to in multiple terminologies throughout the Nusantara. While in Bahasa Melayu, migrant refers to pendatang, nomadic refers to nomad; refugee refers to pelarian, to migrate refers to berhijrah; in Bahasa Indonesia, migrant refers to migran, nomadic or nomad refers pengembara, refugee refers to pengungsi and migrate, or migration refers migrasi. At the same time, in the Nusantara, many communities define themselves according to their geographical features, such as Orang Sungai, Orang Laut or Orang Kuala. In this context, defining leads to a significant impact on shaping the discourses and approaches.Practical implicationsDefinitions determine the borders, flexibilities, plausibility and flows of terms. Critical Discourse Analysis especially placed emphasis on languages and their impacts on social reality. According to Critical Discourse Analysis, terms and their genealogies, transformations and limits are vital in order to comprehend social facts and truth. To understand the change and continuity of migration flow in Southeast Asia, scrutinising the migration-related terms is crucial. This study aims to examine those main terms, their connection with other words, and their transformation in the Malay world sociologically. This as such will shed more light on the social changes regarding genealogical relationships and their usage in daily life within the Critical Discourse Analysis.Originality/valueThis study aims to fulfil the gap between authentic concepts of migration literature in Nusantara. Although Bahasa Melayu and Bahasa Indonesia have a strong connection and interaction, migration definitions in these languages are separated from each other. Cultural and social elements greatly influence migration-connected terms in Bahasa Melayu and Bahasa Indonesia. Without this understanding and the absence of local context, any assessment of their refugee protection systems may be incomplete. This study deals with different cultural nuances and refinements and their migration conceptualisations and histories are based on the ground of their social realities.

Empirical Consequences of Normative Inadequacies: The Principle of Temporary Refuge and Protection Gaps

The article aims to propose an alternative analytical framework for examining the currently observable ineffectiveness of the international refugee protection regime. The described framework places the principle of temporary refuge and its inherent ambiguities at the centre of the analysis. To that effect, the scope and content of the principle of temporary refuge is considered with the particular focus on the presumable obligations of third states (i.e. states other than the recipient state) stemming from the principle. The analysis then turns to consideration of some of the examples of contemporary practice of temporary refuge in an attempt at framing it as one of the sources of a poor state of functioning of the international refugee regime. The paper also links the identified phenomenon to the concept of protection gaps as it was already outlined in the literature in order to clearly demonstrate the relationship between the content and contemporary practice of temporary refuge and inadequacies of the international refugee regime visible at the global level.

Aggressive geopolitics and questions about the theory of space

In the 21st century, no nation is immune from the problem of forced displacement, and many countries and communities are showing extraordinary generosity and compassion towards those who are forced to flee. However, the distribution of refugees around the world is still significantly skewed towards less affluent regions. Nearly 90% of UN-mandated refugees live in low- and middle-income countries, often very close to situations of conflict. Countries that are among the least developed host a quarter of all refugees in the world. The international refugee protection system developed after World War II was designed to respond to the potentially destabilizing effects of population displacement. International solidarity and responsibility-sharing are essential but often elusive elements of this system, vital to protecting the rights of refugees wherever they are, as well as providing support to host countries. At a time when solidarity and responsibility-sharing are needed more than ever, states are concerned about the security concerns of international terrorism and are once again focusing on border controls. Hostility towards foreigners is on the rise in many countries, and physical and legal barriers designed to prevent irregular migration affect many people who are trying to find security. As the authors of this Handbook attempt to explain, border management and refugee protection are not mutually exclusive. States can and should put in place robust mechanisms to identify individuals in need of protection, just as they can and should identify individuals who may pose a security threat. On the other hand, it should be noted that the states themselves are the cause of conflicts, since aggressive geopolitics leads to wars, changes in borders, and sometimes the creation of new states and, accordingly, people are forced to leave their homes. In the study of international relations, the question of interleaving, refugees and their new space has arisen, which causes new conflicts in the new space. In the theory of territories and space, there are several views on these issues, the coverage of these issues is the task of the presented article.

Is Australia a Model for the UK? A Critical Assessment of Parallels of Cruelty in Refugee Externalization Policies

Abstract For several years, Australia has been regarded by some politicians and observers in Europe as a model for hard-line policies towards refugees. At the same time, Australia’s implementation of refugee externalization measures has been subject to considerable scholarly attention and critique. Although the Australian approach has featured prominently in political debates in several European states, this article analyses the implications of a possible adoption of the Australian offshore detention approach for refugee policy-making in the UK, and the consequences this will have for the integrity of the international refugee protection regime. The article considers how states might influence each other’s policies—both directly and indirectly—by focusing on a case study of offshore detention and processing with regard to Australia’s influence on—and similarity to—the UK, to the extent that we observe policy parallels, as the article brings to light substantial policy convergence of detrimental practice of these two countries.

The Vulnerability of Young Refugees Living in Reception Centres in Luxembourg: An Overview of Conditions and Experiences across Subjective Temporal Imaginaries

Vulnerability has become a key concept in discourses and policies on international protection and reception of refugees. In this context, the notion has been described as a tool to provide special provisions to groups at higher risk or one to perpetuate political agendas within increasingly hostile reception systems. However, vulnerability as an analytical concept has received less attention, with both policymakers and scholars often employing different conceptualisations of vulnerability or treating it as a self-explanatory condition. Building on a previous conceptual elaboration, this paper sets out to apply an understanding of vulnerability as multi-layered, dynamic and embedded in a study of the lived experiences of a group of potentially ‘vulnerable’ migrants, based on ‘fixed’ contextual criteria. Drawing from in-depth interviews with young adults who obtained refugee status in Luxembourg but still live in ‘temporary’ reception centres, this paper provides a wide analytical overview of the conditions of vulnerability encountered by this specific group of migrants, in the process of building their lives in a new country. Following the participants’ subjective temporal imaginaries of past, present and future, the analysis highlights and problematises conditions of structural, situational and experiential vulnerability emerging from their accounts and experiences, and discusses their possible implications.

عدم طرد اللاجئ في القانون الدولي

Abstract The principle of non-refoulement is considered one of the basic principles in the international refugee law, as it protects the refugees from falling at the hands of the authorities persecuting them. The rights that the refugees enjoy according to the international conventions is considered as obligations over the refugees’ host State. The most important of which are: Right to protection against refoulement and constraining the host State’s authority regarding the expulsion of the refugee. The international refugee law rejects the expulsion of the refugee. Also, the principle of Non Refoulement is well entrenched in customary international law; it is binding for contracting and non-contracting states. In addition, he Contracting States shall not expel a refugee lawfully in their territory save on grounds of national security or public order. Articles (32) and (33) of the 1951 refugee convention are the core of international refugee protection. Keywords: Refoulement of Refugee, Host State, the 1951 refugee convention.

Implications and opportunities of the international refugee protection regime for national human rights institutions in Africa

The upsurge in the global numbers of refugees and asylum seekers since 2015 and the resultant protection failures witnessed particularly in Europe led to renewed debates on the need to reform the refugee protection regime to identify pathways that would enhance protection. Key in these debates was the need to identify actors that could enhance the refugee protection regime, including accountability for failures to protect. Among such actors identified are national human rights institutions. This article situates NHRIs within the nexus between international human rights law and international refugee law to frame an understanding of their role in the refugee protection regime. It then considers the evolution of the international refugee protection regime in light of the emergence of NHRIs and critically reviews their positioning with reference to the mandate of the United Nations High Commissioner for Refugees and the Global Compacts on Refugees and Migration. Specific opportunities at the African regional level are subsequently discussed to support the assertion that NHRIs can perform a specific role in promoting the effective implementation of refugee rights, including as avenues for state accountability.

Ending Exclusion from Refugee Protection and Advancing International Justice

In any utopic vision of the international refugee protection regime at least these two conditions ought to prevail: (1) all those who are genuinely in need of refugee protection will be granted international protection; (2) all those who are responsible for criminality, especially, serious international crimes, shall be held criminally liable. This presumes that the so-called “exclusion clauses” of the 1951 Refugee Convention, Article 1F, and those found in the regional refugee rights instruments (1969 OAU Convention, 1984 Cartagena Declaration, 2011 EU Qualifications Directive) are not required. No one would be excluded from refugee protection who meets the definition of refugee as found in these international refugee rights instruments. By the same token, anyone who is responsible for serious criminality, especially, serious international crimes, (as defined by the 1998 Rome Statute of the International Criminal Court) shall be held criminally liable. This serves the ideal of bringing an end to impunity for serious international criminality and ensuring everyone is held accountable for their contribution for the persecution of others. Accordingly, the first part of this article presents the thesis that serious criminality should be part of the inclusionary portions of the definition of who is a refugee and not its exclusionary portions, Article 1F of the 1951 Refugee Convention. Indeed, Article 1F, it is argued, is antiquated and no longer conforms to contemporary international norms and principles and can result in injustices to refugee applicants. Given the inherent complexity and difficulties with Article 1F and the fact it is no longer required, it can be repealed and Article 1A(2), the definition of who is a refugee, can be amended to not include anyone who is responsible for the commission of serious criminality. Moreover, when there is sufficiently reliable and trustworthy evidence that a refugee applicant is responsible for serious criminality then they can be prosecuted and by doing so both ending impunity for serious international crimes and advancing international justice can be achieved. The second part of the article is a commentary on the first part and raises a word of caution. The thesis of this part is that before adopting any radical solution with respect to the exclusion clause, it would be useful to provide a broader context to the issues raised. The commentary raises some questions regarding the underlying assumptions in the first part, specifically, in its examination of the human rights and international criminal justice framework. These questions are on three levels, namely conceptual, legal, and practical. The commentary concludes with some overarching observations in respect to the criticisms raised and the proposal submitted.

The Development of Asylum Law in Turkey Within the Framework of the European Union's Harmonization Process

The impact of the European Union (EU) on international policy in Turkey is already regarded as minimal because of the absence of genuine membership prospects. Nevertheless, the approval by Turkey of the asylum laws in the past that fulfills virtually all of the EU's requirements speaks to the continued impact of the EU throughout this policy position. Most of our web-based study's academic scholars believed EU membership to be a key element in the passage of the bill. The conversations with Turkish State officials, as well as the European Commission, show how the EU affected the drafting process. This study discusses the influence and development of Europeanization on policy structures in Turkey within the asylum and refugee policy framework. It looks at the effect of Europeanization on the transition of Turkish pre-accession to the EU. Also, it explores how Turkey carries out its duties at the policy level in relation to an international refugee protection framework as well as asylum seekers harmonization.

Oceanic cosmopolitanism: the complexity of waiting for future climate refugees

ABSTRACT Waiting may feel like wasted time for people inhabiting small, low-lying, and extremely vulnerable island states as they await rising sea levels. Their homes may soon become uninhabitable due to climate change. The interplay between accelerating natural hazards, an increasing number of climate refugees, and the lack of adequate international refugee protection can prolong their waiting time. Therefore, I examine this experience within the complexity of the waiting framework consisting of existential, legal, and natural waiting. I explore the negative implications of climate refugees’ waiting and how such waiting may be prevented.

Queering migration temporalities: LGBTQI+ experiences with waiting within Germany’s asylum system

ABSTRACT Since 2016, the European Union has made further efforts to streamline and simplify the procedure for international refugee protection. Despite this, asylum claimants in Europe often wait up to four years (or even longer) for a final decision. This article focuses on LGBTQI+ experiences with waiting. This paper examines “waiting” as an inherent part of EU migration policy and practice that is sexualized and racialized. What does it mean to live a life in limbo where the anticipation of the future collapses into the insecurity of the present, and, how is this tied up with sexual orientation and/or gender identity? Based on empirical data collected over 14 months in Southern Germany and using the lenses of migration and queer temporalities, this article shows how LGBTQI+ asylum claimants navigate wait time and create spaces of resistance from where to challenge racialized and sexualized forms of state legal violence.

British Nationality and Borders Bill and the international protection of refugees in the light of the concept of community interest in international law

The crisis that Europe faced in 2015 has never been resolved and countries have adopted different strategies to deal with the influx of migrants . Some of them raise serious legal doubts for good reason. One of the new national solutions currently in the process of passing is the new migration plan announced by the United Kingdom in the Nationality and Borders Bill last year. The aim of the reform is to improve the British asylum system and to fight effectively illegal immigration and people smuggling.The aim of the article is to present the most important assumptions of the British reform in the field of grant- ing refugee status. The analysis would allow to assess the compliance of the designed solutions with international obligations, the fulfilment of which should form the basis of the asylum policy of each State being a party to the 1951 Convention relating to the Status of Refugees. The main aim of the article, however, is to draw attention to the fact that the international protection of refugees should be equated with community interests and referring to the individual interest of the State is an erroneous and dangerous assumption.

Polityka Polski względem rozwoju uniwersalnego systemu ochrony uchodźców a polskie uwarunkowania konstytucyjne

The article aims at exploring the relationship between constitutional framework regulating conduct of Polish public authorities on the international fora and the observed actions of these authorities with regards to international endeavour to enhance the functioning of the international refugee protection system. The dogmatic approach has been applied in order to examine scope and content of relevant norms pertaining to the problem in question. Moreover, findings of political science were utilized to establish some of the motives as well as consequences of the said actions of the government and to confront them with relevant constitutional norms. Position of Polish national authorities towards development of international refugee protection system has been appraised in light of the Constitution. The Author expresses a conviction that, in light of the said position, the values expressly affirmed by the Constitution are not accounted for in a satisfactory degree.

Rebuilding peace in exile: bringing together the Women, Peace and Security Agenda and the International Refugee Protection Regime in Turkey

ABSTRACT Refugee women are generally depicted as vulnerable and dependent subjects and excluded from peacebuilding efforts. This article is a response to the need for balancing the protection needs of refugee women and their participation in decision-making processes. It brings two different but complementary frameworks, namely the International Refugee Protection Regime (IRPR) and the United Nations Security Council’s Women, Peace and Security (WPS) Agenda, into conversation through a gender analysis. The article shows that bringing these two frameworks together can overcome each other’s limitations regarding refugee women’s agency. Through analysing legal and policy frameworks together with the existing literature on refugee women and the WPS Agenda, this article focuses on Turkey as a case study. This article argues that implementing the IRPR and the WPS Agenda together in a national action plan in Turkey would strengthen refugee women’s protection and promote their agency as actors of peacebuilding in exile.