Refugee Protection Research Articles

An Inquiry on the Legal Status and Protection of Climate Refugees from an International Law Perspective

An Inquiry on the Legal Status and Protection of Climate Refugees from an International Law Perspective

Fear of Crime and Anti-Refugee Sentiments: Evidence from Canada

Many states have witnessed growing xenophobia and hostility towards refugees alongside the framing of refugees as a serious security or criminal threat in public discourse. Making use of an original cross-national survey of adults in Canada, this article explores the link between fear of crime and negative views of refugees. Its results reveal that even after controlling for alternative explanations, people with more fear of crime are significantly more likely to express anti-refugee sentiments. These results have implications for understanding ongoing challenges in maintaining domestic support for refugee protection and the importance of dispelling myths that refugees are sources of criminality.

Climate-Related Displacement and U.S. Refugee Protection

Climate-Related Displacement and U.S. Refugee Protection

Procedural fairness in automated asylum procedures: Fundamental rights for fundamental challenges

In response to the increasing digitalization of asylum procedures, this paper examines the legal challenges surrounding the use of automated tools in refugee status determination (RSD). Focusing on the European Union (EU) context, where interoperable databases and advanced technologies are employed to streamline asylum processes, the paper asks how EU fundamental rights can address the challenges that automation raises. Through a comprehensive analysis of EU law and several real-life cases, the paper focuses on the relationship between procedural fairness and the use of automated tools to provide evidence in RSD. The paper illustrates what standards apply to automated systems based on a legal doctrinal analysis of EU primary and secondary law and emerging case law from national courts and the CJEU. The article contends that the rights to privacy and data protection enhance procedural fairness in asylum procedures and shows how they can be leveraged for increased protection of asylum seekers and refugees. Moreover, the paper also claims that asylum authorities carry a new pivotal responsibility as the medium between the technologies, asylum seekers and their rights.

Refugee Protection as a Public Good: What Benefits Do States Derive?

While a growing number of refugees is in need of humanitarian protection, most states are reluctant to admit them. For more than two decades, scholars have thought to understand this intricate challenge of international governance through the prism of collective action theory and the concept of refugee protection as an international public good. However, the specific benefits that states gain from refugee protection and that are assumed to constitute the public good remain surprisingly vague and under-specified. In this Reflection, we make three contributions to address this issue. First, we take stock of the literature and assess the evolution of the collective action theory in asylum governance. Second, we identify and conceptualize legitimacy, security, reputation, and development as four types of benefits that states derive from refugee protection. Third, we discuss the limitations of the dominant rational-choice approach and contend that the nature of refugee protection in the international realm is the product of international and domestic politics based on the contestation of interests and norms. These insights result in a series of recommendations for future research of refugee protection as a collective action problem.

Temporary Protection for Ukrainian Refugees in the Czech Republic and Poland

Abstract One of the most immediate effects of the Russian war against Ukraine was the unprecedented influx of Ukrainian refugees in some countries. This article analyzes temporary protection for Ukrainian refugees in two countries—the Czech Republic and Poland, which represent the countries most exposed to immigration from Ukraine. The authors compare the political and legal response of both countries to the institute of temporary protection to reveal similarities and differences in the scope, tools, and nature of temporary protection, including causes and consequences. Both countries go beyond the minimum standards set in the EU Temporary Protection Directive and differ in their approach to its implementation. The authors claim that although the concept of temporary protection has expanded with the current situation, it allows significant benefits in allowing fast-track integration into the labor market, which aligns with the concept of refugees’ “deservingness.” However, the duration of temporary protection is a major limitation to refugees’ integration due to the emphasis on voluntary return to the country of origin.

Surviving and Resisting Retrenchment: US Resettlement Organizations’ Responses to Trump-era Anti-refugee Policy

Abstract Retrenchment and erosion of refugee protections have been on the rise in multiple contexts around the world. In the United States, the Trump Administration’s refugee policies threatened the very survival of domestic resettlement institutions. The administration reduced the number of refugees, cut funds, and sewed confusion. In the face of restrictionist policies, how did refugee advocates respond? Leveraging a case study of resettlement organisations’ responses to Trump-era anti-refugee policies, this article demonstrates that administrators not only adapted creatively to survive the barrage of attacks but also engaged in meaningful political contestation. In circumscribed moments, administrators defied theoretical expectations: they placed the collective above the individual and challenged exploitative dynamics fundamental to US refugee programmes. This article draws on critical theory to analyse administrative resistance, repositioning bureaucrats as advocates in the process. In doing so, the article makes three main contributions. First, it elucidates the unseen role of bureaucrats as agents of progressive institutional change. Next, it offers new analytic purchase into puzzling organisational behaviour by foregrounding social relations of power. Finally, the article provides tools and resources for resettlement organisations navigating retrenchment globally.

Invisibilization of the unwanted Others? Feminist, queer, and postcolonial perspectives on the 1951 Refugee Convention’s drafting

The 1951 Refugee Convention represents the legal cornerstone of today’s global refugee protection, which is supposed to apply to all refugees regardless of their origin, gender identity, or sexual orientation. But did the Convention’s drafters have such a complex approach in mind? This paper analyzes the Convention’s drafting at the United Nations and the final conference in the late 1940s and early 1950s from feminist, queer, and postcolonial perspectives. By drawing on subalternity and absence, and using interpretive analysis of historical sources, the paper focuses on politics—who was (not) involved in debates—and policy—who was (not) considered under the refugee definition. The analysis reveals pervasive asymmetries, with western androcentrism inherently shaping the drafting. The western, white, heterosexual man was the standard filter for the powerful decision-maker and the protection subject, whereas women, LGBTQ+ and colonized people were neglected in politics and policy. Their exclusion was not merely a side effect of the political landscape at the time but reflects the reproduction of western androcentric power, which ultimately invisibilized the subaltern Others in the creation of international refugee law.

REFUGEE STATUS AND TRANSFER TO THIRD COUNTRY: A CRITICAL APPRAISAL

The seminar paper, Refugee Status and Transfer to Third Country: A Critical Appraisal, explores the intricacies and difficulties linked to the transfer of refugees to third countries. The text delves into these transfers' legal and ethical aspects, emphasizing the possibility of diffusing responsibility and undermining refugee protection. The paper utilizes a qualitative research methodology, incorporating a thorough literature review, case studies, and document analysis to explore the legal frameworks, policy implications, and humanitarian consequences of refugee transfers. The study's findings highlight the intricate nature of refugee transfers, which aim to offer long-lasting solutions and ease the burden on frontline states but frequently encounter substantial obstacles. This study highlights the significance of strong legal and institutional frameworks, fair distribution of responsibilities, and a focus on human rights to safeguard the well-being and protection of refugees during transfer processes. The paper also emphasizes the possibility of responsibility diffusion and the politicization of refugee transfers, which can weaken the effectiveness of the international refugee protection regime. Ultimately, the paper argues for a fairer and more balanced approach to safeguarding refugees' well-being and human rights. It emphasizes the importance of upholding the dignity of refugees and fostering global collaboration and burden-sharing. There is a need to enhance legal and procedural safeguards, tackle the underlying factors that lead to forced displacement, and promote comprehensive integration programs in third countries. The study's theoretical framework and empirical analysis provide a more profound comprehension of the intricacies of refugee transfers and offer valuable insights for policymakers and practitioners involved in refugee protection.

The illegalisation of Rohingya refugees in India: a (non)citizenship crisis promoted by law and policy

ABSTRACT Detentions and a looming threat of deportations have significantly increased for Rohingya refugees since 2017, when the Indian government drastically changed its protection policy and categorised them as ‘illegal migrants’ under law. The result has been an impetus to the security authorities to proactively detect and monitor with the eventual aim to detain and deport Rohingya refugees to Myanmar. Fuelling such illegalisation process is the Indian authorities’ arbitrary manipulation and contraction of the long-standing hosting of certain ‘non-citizen’ refugees in the country to suit the politics of the day. In addition, the Supreme Court (ostensibly the arbiter of rights for all within India’s territory) recently issued an interim order which effectively approved this Rohingya refugee ‘illegalisation’ position, hardening the perilous illegalisation of the community in India. To interrogate these developments, the present article analyses the growing illegalisation through detention and deportation of Rohingyas in India by contextualising the conception of ‘non-citizenship’ as a legal status and a normative category. The article proposes that the notion of ‘non-citizenship’ must be engaged with in a broader analytical manner than a static illegality based on lack of documents, in legal, judicial and policy discussions around refugee protection in India.

Human Rights and the Refugee Crisis

Purpose: This study sought to explore human rights and the refugee crisis. 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 reveal that there exists a contextual and methodological gap relating to human rights and the refugee crisis. Preliminary empirical review revealed that significant gaps remained in the protection of refugee rights despite existing international frameworks and policies. It found that refugees frequently faced inadequate living conditions, limited access to essential services, and insufficient integration opportunities. The research also highlighted the growing impact of environmental factors, such as climate change, on displacement, revealing that current policies often failed to address these emerging challenges effectively. The study emphasized the need for a more integrated approach that combines immediate humanitarian relief with long-term strategies to enhance both protection and integration for refugees. Unique Contribution to Theory, Practice and Policy: The Human Rights Theory, Realist Theory in International Relations and the Constructivist Theory in International Relations may be used to anchor future studies on the refugee crisis. The study recommended several key actions to improve the response to the refugee crisis. It suggested enhancing international collaboration and coordination among various stakeholders to ensure more effective aid delivery. It also emphasized the need to incorporate environmental considerations into refugee policies and strengthen legal frameworks to better protect refugee rights. Additionally, the study advocated for improved access to essential services, community-based integration approaches, support for advocacy and capacity building, and long-term planning to ensure sustainable and effective responses to the refugee crisis.

Embodiment of structural vulnerability: illness experiences among Somali refugee women in urban displacement

ABSTRACT Objectives Forced migration and its subsequent sequelae have caused refugees to face significant adversities throughout the displacement process, making them susceptible to significant health issues. Refugees displaced in Africa are a group especially vulnerable to poor health outcomes, experiencing a documented decline in overall physical and mental health status and rise in mortality from non-communicable diseases (NCDs). Despite the heightened health risks experienced by Somali refugees, particularly women, research into their complex illness experiences and co-/multimorbid health conditions is scarce, leaving a gap in our understanding of the multifaceted health challenges of this population. Design Using structural vulnerability theory, this study explores how the broader host context shapes illness experiences for Somali refugee women in Kenya. Specifically, we describe the factors associated with illness experiences of urban Somali refugee women and how this compares with women with other similarly situated identities, such as Somali Kenyan women, other/non-Somali refugees, and Kenyan women. In-depth interviews were conducted with 43 women in Eastleigh, Kenya. Results Using hybrid thematic analysis, the emergent themes were grouped into three distinct domains: (1) multimorbid, complex illness experiences, (2) embodiment of structural vulnerability, and (3) distinct/shared vulnerability among refugee/non-refugee women. Results suggest that illness experiences of displaced refugee women are inextricably linked to traumatic experiences before displacement, as well as the experiences of transmigration stressors and the hostile socio-legal dynamics encountered post-displacement. Conclusions Our findings also have implications for the need to consider intersectional identities when examining for differential exposure to structural risks and the susceptibility to poor health experiences as well as supports the need for urgent change and improvement in systems of social protection and basic care for refugees experiencing prolonged displacement.

Addressing Impacts from Climate Change Within International Legal System: More Precise Distribution of Responsibilities

As the international challenges resulting from climate change become emergent, how to reform international law and institutions to reduce the effects of climate change has become a crucial issue. This paper carries out surveys on regulating and restructuring the present international law system about current issues and provides suggestions for further practice. We can also consider building a climate club. The existing climate regulation mechanism needs to improve, leading to problems such as carbon leakage and free riding. Climate clubs can urge countries to fulfill their obligations by rewarding member states that fulfill their obligations and cracking down on non-member states. Apart from efforts in environmental governance, the international law system should also attach attention to the issue of climate refugees as a reaction to climate change. The last article argues that international society should provide legal protection for climate refugees, and it is reasonable for them to acquire a formally defined legal status for future humanitarian care. This thesis also explores the potential role of regional bodies in addressing climate change outside of the United Nations Framework Convention on Climate Change (UNFCCC) and the legitimacy of their responsibilities based on constitutional treaties, their role in regulating the international commons, and their relationship to the UNFCCC. Based on this, this thesis suggests that regional institutions take on more responsibility in regulating state obligations and propose possible solutions to the climate change crisis. CBDR is an essential principle in the cooperation among countries to solve the problem of global climate change. It makes global cooperation fairer and more effective but also generates some problems. The main problem is that there is no clear division of responsibilities between countries, and policies must be implemented. This paper proposes three ways to divide responsibilities and argues that companies must actively participate in global emission reduction activities.

Climate Refugees in India: Seeking Security between Disaster Diplomacy and Strategic Ambiguity

Abstract Among the 100 million refugees and displaced persons in 2022, the category of “climate refugees” has become more salient, yet countries still do not know how to handle it. Two aspects of climate refugees also remain understudied; how climate refugees are perceived, since they are viewed through the dual lenses of climate risks and migratory flows and how these perceptions impact policies. Climate refugees are thus doubly impacted by the spill-over effect of securitization processes in the fields of climate change and immigration. This paper analyzes how climate- and migration-security legislation in a resource-constrained nation conceptualizes climate refugees, and how their diverse conceptual categories spill over into policymaking and create a mutually beneficial and humanitarian approach for host and migrant populations. This paper uses India as a case study based on its historical practice of refugee protection despite significant resource constraints, high risk of inbound climate refugees, participation in key global agreements, and domestic discourse over climate and immigration securitization. Using policy analysis and expert interviews, this study demonstrates that India successfully exemplifies a broadly humanitarian climate mobility regime in the South Asian region through relocations, Humanitarian Assistance and Disaster Relief operations, and ad hoc legal protection. Despite crucial structural limitations, India illustrates a democratic global south template implicitly recognizing migrants’ vulnerability to climate change and attempts to minimize risk, with potential for replication in other developing and developed nations. This normative policy framework, notwithstanding its limitations, presents an alternative to the threat-centric and unsustainable securitization of climate migration practiced in the Global North.

Cosmopolitan Pariahs: The Moral Rationale for Exclusion under Article 1F

Abstract This article reconstructs the moral rationale for exclusion under article 1F of the 1951 Convention relating to the Status of Refugees. The idea that certain refugees may be ‘undeserving’ of refugee protection because of past criminality is incompatible with a reading of the international refugee law regime as a human rights regime. Instead, the best reconstruction of exclusion’s moral rationale is to construe it as a non-punitive form of blame, under which the international community withdraws the beneficence and goodwill necessary to enter into thicker relations of shared residence and potential citizenship. Some troubling implications of this construal of exclusion are briefly explored.

Revolving Doors: How Externalization Policies Block Refugees and Deflect Other Migrants across Migration Routes

AbstractMigrant destination states of the Global North generally seek to stem irregular migration while remaining committed to refugee rights. To do so, these states have increasingly sought to externalize migration control, implicating migrant origin and transit states in managing the movement of persons across borders. But do externalization policies actually have an impact on unauthorized migration flows? If yes, do those impacts vary across different migrant categories given that both asylum seekers and other migrants can cross borders without prior authorization? We argue that these policies do have an impact on unauthorized migration flows and that those impacts are distinct for refugees and other migrants. Using data on “irregular/illegal border crossings” collected by Frontex, the Border and Coast Guard Agency of the European Union (EU), we first find that the geographical trajectories of refugees and other migrants who cross EU borders without authorization are distinct. Using a novel method to estimate whether individuals are likely to obtain asylum in 31 European destination states, we find that “likely refugees” tend to be concentrated on a single, primary migratory route while “likely irregular migrants” may be dispersed across multiple routes. Through an event study analysis of the impact of the 2016 EU–Turkey Statement, a paradigmatic example of externalization, we show that the policy primarily blocked likely refugees while deflecting likely irregular migrants to alternative routes. Our findings ultimately highlight how externalization policies may fail to prevent unauthorized entries of irregular migrants while endangering refugee protection.

Between aid and rights: Humanitarian international NGOs responding to the crisis of European refugee protection

The ongoing crisis of refugee protection in Europe exemplifies a tension between providing humanitarian aid and fighting for human rights. Some recent studies have been highly critical of humanitarian action in this context, suggesting that giving aid to refugees in Europe is a substitute for and suppression of human rights work (Dittmer and Lorenz 2021a; Cuttitta 2018; Ticktin 2016). However, humanitarian aid comprises both, humanitarianism and human rights. This study investigates how humanitarian international non-governmental organisations (INGOs) have striven to protect refugees from North Africa, the Middle East and Ukraine from 2015 to 2023. During this time, many have established new programs in Europe. A content analysis of documents by four humanitarian INGOs shows how they work to integrate both, aid and rights, in their refugee work. This creates certain tensions. For example, the analysis suggests that localisation is one way to integrate human rights into humanitarian action, however at the risk of compromising humanitarian principles.

Peran Imigrasi dalam Perkembangan Migrasi di Indonesia

This paper provides a comprehensive overview of migration patterns in Indonesia, covering both historical and modern movements. It covers a range of topics, including colonial migration, labor migration in the late 1900s and the present, as well as the difficulties faced by asylum seekers passing through the region and the effect on local government and coordination. The use of data collection methods including the examination of books or documents is usually categorized as a qualitative methodology. The main purpose of this data collection effort is to systematically gather pertinent information that will be used to strengthen the research variables and indicators. The Indonesian government views Indonesia primarily as a transit location for refugees, and not as a long-term settlement site. This implies that current measures do not provide adequate long-term protection for refugees. The lack of clear laws and regulations in Indonesia regarding refugees results in the absence of crucial social, economic, and cultural rights for this vulnerable population.

Legal Means to Protect Refugees: A Critical Study of Concepts Related to the Refugee Protection

This study delves into the comprehensive understanding of refugee protection by examining the legal concepts associated with international protection. It highlights key challenges refugee protection efforts face and explores the legal foundations and methodologies employed to achieve this objective. The research sheds light on international and regional legal mechanisms for safeguarding refugees while briefly discussing the protection of refugees in Islamic law. The central question addressed in this research revolves around the role of international and regional cooperation in providing effective protection and ensuring the safety of refugees. The study yields a range of findings and offers corresponding recommendations. Notably, the research underscores the significance of agreements as crucial legal instruments enacted to protect refugees. Furthermore, it emphasizes that the foremost guarantee for such protection lies in refraining from expelling or deporting refugees to their countries of origin without ensuring their safety upon return. The recommendations to advocate for countries to accede to international conventions on refugees and their protocols.

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.