Refugee Issues Research Articles

외국인의 인권

In 2001, the Korean Constitutional Court recognized the fundamental rights of non-citizens under the Korean Constitution by referencing them as “human rights.” The landmark decision had a significant meaning that the legal protection under the Constitution would be extended to non-citizens despite the textual limitations of the Constitution, which could have been interpreted that it confers fundamental rights only to citizens. Over the past around twenty years since then, however, the Court, in its rulings on the issues of migrants and refugees, retreated from protecting the rights of non-citizens on equal footing as citizens.
 Based on the review of the rulings since 2001, this article criticizes that the Court has rendered arbitrary and incongruent decisions that allow, as well as normalize, discriminatory treatment against migrants and refugees. The Court decided to grant constitutional protection to non-citizens only when the Court recognizes certain rights as a “human right,” as opposed to “citizens’ rights,” but it did so without any reference to specific criteria for judgment including international human rights law. The Court then relaxed the standard of review on constitutionality when the issues concern the restrictions against non-citizens, by explicitly stating that the level of constitutional protection for non-citizens may not be same as for citizens.
 In legitimizing the restrictions of fundamental rights against non-citizens, the Court relied on the assumption that foreigners are presumptively potential ‘illegal migrants’ who would harm social order. It also considered that the interests and benefits of citizens make valid reasons to justify the restrictions on non-citizens’ rights. This article discusses the irony how the Court in its rulings has undermined the principles of human rights while referencing to “human rights” as the basis of recognizing the constitutional rights of non-citizens.

Legal Framework for the Protection of Ukrainian Refugees: A Comparative Study

The article focuses on the issue of Ukrainian refugees who have been forced to flee abroad due to the ongoing conflict in Ukraine, and the complex and challenging legal framework for their protection. The study reviews relevant literature and previous studies on the legal framework for the protection of refugees, with a particular focus on the situation of Ukrainian refugees. The methodology for this article includes a comprehensive analysis of the existing legal instruments and frameworks that are applicable to refugees, including the 1951 Convention Relating to the Status of Refugees and the Temporary Protection Directive. The study aims to contribute to the ongoing discussion on the legal protection of Ukrainian refugees by providing a detailed analysis of the legal framework and identifying specific areas in need of improvement. The objective of the study is to further examine the legal framework for the protection of Ukrainian refugees and to identify ways in which the current system can be improved to better protect this vulnerable population.

AN ANALYSIS OF CULTURAL TRANSFORMATION OF THE OLYMPIC GAMES IN THE ERA OF GLOBALIZATION: THE EXAMPLE OF THE PARTICIPATION OF REFUGEE DELEGATIONS

In a world of deepening globalization, although peace and development are the themes of the times, the international community is faced with common issues such as climate change, refugee immigration, the North-South gap and international finance problems, which are inseparable from all countries and regions, and the trends towards anti-globalization and cultural nationalism are also on the rise. The International Olympic Committee (IOC), as a major international organization, has chosen to address some of these issues through an approach of international sport participation, upholding the spirit of the Olympic Games and passing it on in the era of globalization. This paper will explore the IOC’s commitment to achieving the global goals of peace and truce, solidarity and harmony, the community of all human beings, as well as its own cultural transformation, by introducing refugee delegations to the Olympic Games to send a signal of concern to the world about refugee issues.

Value Creation for Refugees by Social Partnerships: A Frames Perspective

Refugee crises are one of the grand challenges of the 21st century. Despite the theoretical importance attached to value created for beneficiaries in the partnership literature, research tends to focus on internal processes and value created for partners and partnerships, leading to widespread calls to further specify the value created by partnerships for beneficiaries. Applying an analytical framework from the value creation and social impact literatures, we report on a study of multiple social partnerships of a nongovernmental organization in the refugee issue field. Our results demonstrate that frames of refugees held by partners and in partnerships’ implementation contexts shape the value creation activities undertaken for beneficiaries, and determine whether value is created and what types of value. The dual contribution of this article comprises a rare empirical study of value creation activities for beneficiaries (here, refugees) and theorization of how and when implementation context affects value creation by partnerships.

Refugee Return, Reintegration, and Sustainable Futurity: Politics, Pitfalls and Possibilities of Repatriation in Post/Conflict Situations

ABSTRACT With conflict and displacement among the most pressing issues of our time, refugee repatriation and reintegration are integral to post-conflict development and enduring peace. Regarded by the UN as a durable solution, repatriation has come to be viewed as the most viable option given the prevailing global landscape of increased displacement and stringency of national policies towards asylum seekers. These realities have also engendered a pragmatic turn from the principle of voluntariness to an emphasis on safety and the politicisation of the humanitarian agenda that destabilise the foundational principles of the refugee protection regime. Drawing upon the experiences of the Cambodian refugee repatriation in 1992–93, the more recent repatriation of Burmese refugees1 from Thailand and insights from other instances of return, this paper examines the politics, pitfalls, and possibilities of Southeast Asian refugee repatriation following political settlements, prompted as they were by political and other exigencies rather than the restoration of peace and stability. With attention to the relationships between refugees, refugee originating and receiving countries, and the UNHCR, it underscores the predicament, ambivalence, and dismissal that undergird refugee return. It interrogates notions of voluntariness in the context of constrained choice, and of safe and dignified return, citizenship, and belonging in the context of fragile peace. It also reflects on the delimitation of accountability by the changing status of refugees when they re-crossed the border and argues for looking at repatriation and re-integration as a continuum, and for centering sustainability and the restoration of refugee futurity in the discourse of return.

Destination Elsewhere: Displaced Persons and Their Quest to Leave Postwar Europe by Ruth Balint

<i>Destination Elsewhere: Displaced Persons and Their Quest to Leave Postwar Europe</i> by Ruth Balint

The Responses of Pakistan and Turkey to Refugee Influxes: A Comparative Analysis of Durable Solutions to Protracted Displacements

This research aims to study how Turkey and Pakistan (the world’s largest refugee hosting countries) have reacted to and managed protracted refugee challenges. In the context of Pakistan, the study explores the Afghan refugee influx since the late 1970, while for Turkey the focus is on the Syrian refugee inflow since 2011. While cognizant of contextual differences (time and space) between these two countries, we aim to comparatively explore policies, best practices, and short and long-term solutions developed to protracted displacement issues in each country. To do this we intend to comparatively explore the role of institutional environments and the international refugee regime in resolving protracted refugee issues in a chronological sequence. First, we investigate how each state’s “open-door policies” toward the first influx of refugees evolved into ad-hoc solutions in the course of protracted displacement. Second, we comparatively assess multilevel integration approaches and solution strategies at the macro (states and their cooperation with countries of origin and inter-governmental organizations such as the UN High Commissioner for Refugees (UNHCR) and International Organization for Migration (IOM)), meso (interventions/implementations), and micro levels (civil society and refugee-led initiatives). Third, we examine how refugee policies in each country are negotiated with national and international humanitarian and refugee agencies, including regional organizations and countries of origin. Theoretically, this article is grounded on a macro structural approach (state’s international humanitarian obligations and responsibilities), refugee diplomacy (state’s use of diplomatic tools, process administering refugees), and management theories.

COVID-19 in Bangladesh: A systematic review of the literature from march 2020 to march 2021

COVID-19 has undoubtedly absorbed the global public's angst. It has quickly disturbed global life and will have long-term and short-term consequences on several sectors. This comprehensive review study's goal is to discover what research has been done in a year since the beginning of coronavirus in Bangladesh. Consequently, the current study examined the pervasiveness and affiliation of social and economic issues, health and psychological issues and individual perceptions, key challenges, strategies and policy systems, public health, online education, agriculture and food security, criminal activities related to outbreaks, Rohingya refugee issues, and the quality of domestic violence behaviors. The review used electronic databases such as Web of Science, PubMed, PubMed Central, and Scopus to find published material. This study reviewed chosen papers, removing redundancies and including 43 pertinent articles. Among the 43 study items, fourteen were qualitative (32.56%), six mixed (13.95%), and the rest were quantitative (53.49 %). This study helps to identify the issues with current documentation by focusing on interconnected factors and studying COVID-19 events and scenarios. Thus, governments and other stakeholders should reassess these controversial issues to formulate a policy that takes into consideration the situation in Bangladesh and other COVID-19 affected countries.

The Dynamics of Refugee Return: Syrian Refugees and Their Migration Intentions

AbstractWe study the drivers of refugees' decision making about returning home using observational and experimental data from a survey of 3,003 Syrian refugees in Lebanon. We find that the conditions in refugee-hosting countries play a minor role. In contrast, conditions in a refugee's home country are the main drivers of return intentions. Even in the face of hostility and poor living conditions in host countries, refugees are unlikely to return unless the situation at home improves significantly. These results challenge traditional models of decision making about migration, where refugees weigh living conditions in the host and home countries (“push” and “pull” factors). We offer an alternative theoretical framework: a model of threshold-based decision making whereby only once a basic threshold of safety at home is met do refugees compare other factors in the host and home country. We explore some empirical implications of this new perspective using qualitative interviews and quantitative survey data.

The Reasons behind Europe’s Double Standard Attitude toward Refugees from Mena and Ukraine

In the face of the European refugee crisis in 2015 and the Ukraine conflict in 2022, Europe has shown opposite attitudes towards two types of refugees. Europe seems to be more welcoming to Ukrainian refugees than it is to some MENA refugees. This study explores the reasons behind such “double standards” through religion, language, stereotypes of MENA, and Eurocentrism. The study results show that the double standard attitude of Europe towards MENA refugees and Ukrainian refugees is mainly reflected in the reports of the news media and the policies issued for refugees. The study points out that the relatively negative attitude towards MENA refugees in Europe stems from the contradiction between Islam and Christianity, the fundamental ethnic and linguistic connection between MENA and Ukrainians and Europeans, and the social construction of European perceptions of MENA. Ultimately, Eurocentrism allowed Europe to help its countrymen, the Ukrainian refugees. This study compared the differences between MENA refugees and Ukrainian refugees, laying a foundation for future research on refugee issues. Moreover, this study advocates equal humanitarian assistance to refugees from the perspective of a community of shared futures for mankind.

Planetary Ethics: Rereading Seyla Benhabib in the Age of Climate Refugees

In the Anthropocene, humans are drastically impacting the Earth system. Though the numbers are disputed, millions of climate refugees might soon appear worldwide due to, for example, rising sea levels. To better tackle these intertwined ecological and migrational crises, I expand on Seyla Benhabib’s theoretical legacy by discerning within it a multidimensional framework containing mutually intersecting moral, legal, and political dimensions. Within this framework, I argue, Benhabib approaches the issue of climate refugees from three different yet supplementary discourses. From her engagement with discourses on cosmopolitanism and global justice, she endorses reforming the Refugee Convention to include climate refugees. From her contribution to discourses on human rights and human dignity, Benhabib opens the door for a human right to the environment to better protect climate refugees. Against the backdrop of her longstanding work to reformulate a feminist and critical-theoretical discourse ethics, I argue, Benhabib puts forward an ecocentric planetary ethics that embraces climate refugees and the rest of nature. In all, I conclude that Benhabib’s legacy demonstrates the need for a multidimensional approach to climate refugees in times of ecocrisis.

Determinants of Intended Return Migration among Refugees: A Comparison of Syrian Refugees in Germany and Turkey

Little is known about whether Syrian refugees intend to return to their origin-country and what affects their return migration intentions. We introduce a theoretical framework for voluntary return, identify the refugees’ decision-making context, and empirically assess the model with a sample of 577 Syrian refugees living in Germany and Turkey in 2018. Three return scenarios were presented in the survey: (i) returning to Syria within two years, (ii) returning when Syria is as safe as before the civil war, and (iii) ever returning. The three scenarios were conceived very differently by the refugees, highlighting the dynamic nature and context dependency of the concept of voluntary return. Syrian refugees in Turkey were more likely to regard their stay as temporary (76 percent), compared to those in Germany (55 percent, p-value of difference = .000). Similarly, structural factors of the origin- and host-countries, that is, the origin-governorate and the current location, were considerably influencing return intentions. Concerning individual factors, female and highly educated refugees had a lower willingness to return. Those who were married were less inclined to return in the short run, yet refugees who self-identified as poor indicated their desired return in the long run. We also analyzed whether random exposure to information regarding return impacted refugees’ intentions. We found a negative, albeit insignificant, impact of information, suggesting that host governments cannot expect (rapid) information dissemination to impact refugees’ decision-making about voluntary return. Our findings underscore that neither proximate nor distant host-countries should bank on the speedy return of the Syrian refugees.

Code-Switching, Memory and the (Im)possibility of Return in Ghada Karmi’s Return: A Palestinian Memoir

ABSTRACT This article examines the role of code-switching in recreating the place, Palestine, that contemporary Palestinian memoirist Ghada Karmi was expelled from by providing a close analysis of the code-switched expressions and the plurality of voices and perspectives that this linguistic and cultural phenomenon imply in her work Return: A Palestinian Memoir. While code-switching is a feature of diasporic writings, Karmi uses many code-switched expressions related to food, clothes, honorific titles and the historical event of Nakba so as to linguistically return to Palestine. However, Karmi’s engagement with Palestine from past to present, her exploration of the political transformation of Palestine and her inability to feel connected to today’s Palestine raises the spectre of co-existence between Palestinians and Israelis if Palestinian refugees return physically to Palestine. This possibility of co-existence between the two warring nations is further highlighted by Karmi’s use of Hebrew code-switched words, which exist alongside code-switched words related to precolonial Palestine.

Afghan Refugees in Pakistan and Syrian Refugees in European Union: A Comparative Analysis

Displaced persons are Refugees, cross borders under coercion by force, leave motherland and difficult to return safely to home of parents. Root word is ‘refuge’ from which ‘refugee’ is derived, it means hiding and shelter from danger. Pakistan is not signatory of Refugee Convention 1951 but member of the United Nations (UN). Afghan refugees are living in Pakistan for approximately four decades, the Government of Pakistan provides favorable treatment and atmosphere to Afghan Refugees in Pakistan. Resultantly, Pakistan has been suffering terrorism, political instability, and economic dropdown though after left of Unites States of America (USA) in 2021, many more Afghan Refugees are expected to migrate to Pakistan. International Community is required to work and ensure peace and stability in Afghanistan in order to ensure returning back of Afghan Refugees to their parent’s home safely and work for stability and peace of Afghanistan and the region so that they live there peacefully. According to Universal Declaration of Human Rights’ (UDHR) article 14: everybody has freedom and right to enjoy, seek asylum from persecution in other countries. Asylum right not invoked if (i) genuinely arising prosecutions from non-political crimes, or (ii) acts repugnant to principles and purposes of United Nations, and Convention Relating to Status of Refugee signed in 1951 under United Nations High Commissioner for Refugees (UNHCR). There are 145 signatories currently to Refugee Convention 1951 but Pakistan has not yet acceded to Refugee Convention 1951. According to Refugee Convention 1951 preamble: freedom under fundamental rights enjoyed by human beings under Charter of the UN and UDHR without discrimination. The UN has assured efforts to expand freedom under fundamental rights to refugees. Communitarian Critique research methodology is deployed to help understand issues of refugees. Qualitative methodology is used while conducting this research, an analytical and comparative methods to analyze and compare Government of Pakistan’s treatment of Afghan refugees in Pakistan approximately for 4 decades as compare to Syrian Refugees’ treatment by European Union (EU). The largest populated migrants refugee country of the world for 4 decades is Pakistan, approximately 5 million Afghan nationals migrated to Pakistan during Cold War and approximately around 1.3 million still living in Pakistan and they are not willing to go back to Afghanistan specially after withdrawal of USA in 2021. The International Community is required, requested, and suggested to wish, help, and endeavor to build up economies of Afghanistan and Pakistan and try to strengthen stability and peace so that remaining Afghan nationals who are living as refugees in Pakistan can go back to their motherland safely, happily, and live there peacefully.

Promoting social inclusion among asylum seekers and refugees living in the south east region of Melbourne, Australia, through volunteering.

This article describes the Refugee Health Volunteer Program; a Monash Health initiative that aimed to promote social inclusion among asylum seekers and refugees within the south-eastern region of Melbourne, Australia. This article also presents the evaluation findings of this strategy. This mixed-methods evaluation aimed to determine the impact of the Volunteer Program at both an individual and organisational level. Volunteers completed a survey (n=39) and participated in interviews (n=14), and staff working alongside volunteers at Monash Health Community completed a survey (n=82). Volunteers attributed a range personal benefits to their involvement in the Refugee Health Volunteer Program; reporting improvements across all survey domains, including "Personal development," "Skill development," "Health and wellbeing," "Sense of trust and inclusion," "Social development." Further, within the interviews participants discussed that through volunteering they had made friends, developed new skills and felt their emotional wellbeing had improved. Staff members (n=82) working at Monash Health Community also reflected positively on the program, reporting that volunteers increased organisational capacity and enhanced their personal understanding of asylum seeker and refugee issues. This program has successfully responded to an emerging need within the local asylum seeker and refugee community. Applying a social determinants framework acknowledges the fundamental impact of social connectivity on wellbeing. SO WHAT?: Many of the factors that adversely impact the wellbeing of asylum seekers and refugees sit beyond both individual and organisational control. However, this article defines an effective volunteering model that fosters social inclusion and promotes emotional wellbeing among humanitarian arrivals in Australia, within the confines of the existing context.

REFUGEE CRISES IN THE CONTEMPORARY WORLD: AN ISLAMIC PERSPECTIVE

The Issue of refugees is one of the fundamental political cum international humanitarian crisis in the contemporary world. This Contemporary crisis is by and large the result of political unrest, armed conflicts and violence within the Muslim World. Questions like how should these refugees be treated in the Muslim world? What is the status of refugees in Islam vis a viz Western world? What is the historical treatment given to refugees in Muslim civilization and should refugees be treated as citizens of the host countries? The main purpose of this paper shall be to find out answers to these questions while attempting to find a common ground between the two perspectives of how refugees shall be treated in the contemporary world.

СПОЖИВЧІ МОТИВАЦІЇ НА РИНКУ LUXURY ГОДИННИКІВ УКРАЇНИ ТА ІТАЛІЇ: ДОПАНДЕМІЙНІ І ДОВОЄННІ ТЕНДЕНЦІЇ ТА ПЕРСПЕКТИВИ

This article examines consumer motivation within the luxury watch markets of Ukraine and Italy before the onset of the COVID-19 pandemic and the war in Ukraine, as well as their future prospects following the conflict's conclusion. The expert survey indicates that both countries share similar motivations and purchasing behavior, with social status, fashion, and personal preferences serving as the primary drivers for luxury consumption. Ukrainian consumers exhibit more overtly demonstrative behavior driven by status, wealth, and social group alignment. Italians prioritize social motives, prestige, fashion, horological art, and status display. Brand and price are significant in Ukraine, while brands and influencers impact Italian consumers' choices. Perception maps reveal that Patek Philippe and Audemars enjoy the most favorable brand image, with Rolex following closely behind as Italy's leading luxury watch brand. The study shows that the COVID-19 pandemic positively impacted market development, generating an unfulfilled demand that increased sales and prices for luxury watches, with collectors demonstrating rapid demand growth. A new trend in purchasing vintage non-working watches for their stylish appeal emerged. However, the ongoing war in Ukraine caused severe damage to both markets, with demand in Ukraine plummeting. Nevertheless, both markets' stable consumer motivation and purchasing patterns enable the prediction of a swift recovery in demand for luxury watches during the post-war period. The return of refugees from Europe and other countries to Ukraine will contribute to the Europeanization of Ukraine, potentially promoting European values that could positively impact the vintage watch segment, which was unpopular among Ukrainians before the war. Additionally, the rapid reconstruction of the country under a national "Marshall Plan" will likely give rise to another trend in the luxury watch market.

ВПЛИВ ОБУМОВЛЕНОЇ ВІЙНОЮ ВИМУШЕНОЇ МІГРАЦІЇ ЗА КОРДОН НА СТАН ТРУДОВОГО ПОТЕНЦІАЛУ УКРАЇНИ В КОНТЕКСТІ СОЦІАЛЬНОЇ СТІЙКОСТІ

The labor potential is an important component of the country's economic potential, and its quan-titative and qualitative characteristics significantly affect the rate of economic growth and social sus-tainability. The article presents the general theoretical foundations of the concept of social sustainabil-ity, the main milestones of its formation, key principles and concepts. The information base for the study of migration flows and their expected impact on the qualitative and quantitative characteristics of the labor potential was based on statistical data from Ukraine and countries that have provided asylum to forced migrants. The results of sociological surveys were also used, dozens of which were conducted by international organizations, foreign and Ukrainian think tanks during the war year. An analysis of the available estimates and reservations to them allowed us to formulate the author's assumption about the real number of refugees from Ukraine who have taken refuge in Europe, the United States, and Canada, as well as voluntarily or forcibly ended up in the Russian Federation. The socio-demographic charac-teristics of those who left indicate a significant outflow of working-age people, including a large number of highly skilled workers. A serious risk is posed by the emigration of children and young people, and their failure to return threatens the Ukrainian economy not only with a reduction in labor supply in the near future, but also with a deterioration in its quality characteristics and a loss of Ukraine's demo-graphic potential in the medium and long term. The massive out-migration of the population had a negative impact on effective demand, which is an important driver of the economy.The author proves the expediency of formulating and implementing the state policy of Ukraine aimed at counteracting these negative challenges, which is a prerequisite for ensuring social sustaina-bility. During the period of military operations and post-war recovery, state policy measures in the area of preserving and utilizing labor potential should be as effective as possible and aimed at creating a favorable environment for the return of war refugees to Ukraine and their reintegration into Ukrainian society.

CHARACTERISTICS OF THE MAIN TRENDS IN THE SPHERE OF INTERNATIONAL MIGRATION FROM UKRAINE DURING THE CONDITIONS OF WAR

The purpose of the publication is to study the essence and current state of international migration in Ukraine during the war. This issue is especially relevant in the context of the current economic crisis caused by a full-scale war on the territory of Ukraine. To achieve the goal, general scientific methods were used: statistical and calculation-mathematical - with the help of which all the necessary initial information was formed for the analysis of international migration in Ukraine during the full-scale invasion of the russian Federation on Ukrainian territory. Using the method of scientific generalization, the relevance of the topic in the conditions of the economic crisis caused by the war was revealed. Russia's full-scale invasion of Ukraine provoked Europe's largest wave of refugees since World War II. To form the basis of the research, first of all, the dynamics of forced international migration in Ukraine, the structure of migrants by gender, age group, level of education and field of employment were analyzed. The main results of the research, which represent a scientific novelty, were: a proposal to create a State institution for work with the Ukrainian diaspora, which, among other things, will be responsible for the development of ties between Ukraine and Ukrainian migrants. The practical significance of the obtained results lies in the creation of a State institution for work with the Ukrainian diaspora, which, among other things, will be responsible for the development of Ukraine's ties with Ukrainian migrants and the introduction of institutional mechanisms to assist Ukrainian citizens in returning to their homeland, namely: assistance in restoring destroyed housing, lending for starting one's own business, humanitarian and financial assistance for current needs, medical care and social assistance; targeted projects supporting refugees and guaranteeing their employment. The main factor in the reconstruction of Ukraine after the war will be the return of Ukrainian refugees who are currently abroad. Trusting millions of migrants will require the work of the state in many directions: from security to social.

Сирийский кризис во внешней политике Турции

The article analyzes Turkey’s policy in the framework of the Syrian crisis. The Arab Spring brought dramatic changes to the region, and Syria has since become an area of never ending conflict. At the first stage of the war in Syria, Ankara demonstrated a moderate position in relation to the events in that country, but it soon turned to harsh criticism of the B.Assad regime. Special attention is paid to Turkish military operations in Syria. The interaction with Russia and the United States within the framework of the Syrian settlement is analyzed. The issue of Syrian refugees and their impact on Turkey EU relations are also discussed. It is concluded that in the context of the 2023 elections Ankara has moved to a more constructive position on the Syrian crisis.