Rights Of Refugees Research Articles

In Search of Durable Solutions for Refugees in Indonesia: A State Security and Human Rights Protection Approach

The Indonesian government is experiencing difficulties in dealing with the refugee problem. This is because the number of refugees in the waiting period is increasing and the destination country limits the acceptance quota. Currently, the refugee problem in Indonesia is regulated in Presidential Regulation No. 125/2016. However, its implementation has not been optimal, as it is hampered by coordination and legal compliance factors. The implementation of the Presidential Regulation creates inconsistencies in legal norms with other regulations. Then, some local governments have begun to reject the presence of refugees. They are not willing to prepare shelters for refugees, because it burdens the budget. Currently, the government does not have a long-term solution that can be used to solve the refugee problem in Indonesia. This paper will discuss Indonesia’s role in solving the refugee problem by formulating strategic policies from a humanitarian perspective. This article uses socio-legal research with a qualitative approach. Although not a state party to the 1951 Convention, Indonesia has adopted various international laws that protect the human rights of refugees. However, its legal legitimacy is still disputed from the perspective of state security and sovereignty. Indonesia continues to be encouraged to ratify the convention to strengthen the promotion and defense of refugee rights. In fact, ratification can be a quick way to bridge the gap between international and domestic legal frameworks in addressing refugee issues in Indonesia. However, the government cannot wait to resolve this issue until the convention is ratified. There are several long-term solutions that can be practiced to address the refugee issue, including: pushing for human rights instruments to implement the basic rights of refugees; re-establishing the refugee issue as part of the National Human Rights Action Plan; revising Presidential Regulation No. 125/2016; and formulating a new policy with Indonesia, UNHCR, and giving greater authority to IOM to empower refugees while they wait to enter the destination country.

"The Greatest and Most Important Human Right": Citizenship and Bureaucratic Indifference in Refugee-UNHCR Correspondence

This article examines how refugees advocate for themselves with the UN Refugee Agency (UNHCR), and what responses their communications engender. It analyzes letters sent by refugees in Kenya to UNHCR headquarters in Geneva between 1983 and 1994. The findings underline a disjuncture between refugees’ efforts to constitute themselves as political agents, and UNHCR’s insistence on viewing them as depoliticized subjects. The refugees perform citizenship vis-à-vis UNHCR, using their shared identity as a basis for collective claims-making and trying to renegotiate their unequal relationship with the international organization. To empower themselves, they adopt the international organization’s own refugee rights vocabulary and play off different organizations and layers of UNHCR against each other. UNHCR’s responses (or lack thereof) demonstrate the consequences of its insulation and bureaucratization. These insights are especially noteworthy in light of recent progress on meaningful refugee participation in the refugee regime.

Perlakuan Diskriminatif Terhadap Pengungsi Kulit Hitam Di Ukrainperlakuan Diskriminatif Terhadap Pengungsi Kulit Hitam Di Ukraina

Introduction: When the Russian invasion of Ukraine caused thousands of refugees to seek refuge in neighboring countries, not a few of the black refugees were discriminated against and made it difficult for Ukrainian border officials to find protection. This fact illustrates the violation of Human Rights, especially for black refugees, because it is not in accordance with the 1951 Convention and the 1967 Protocol. This makes the author examine the Discriminatory Treatment of Black Refugees in Ukraine.Purposes of the Research: This study aims to examine how discriminatory treatment of black refugees can be qualified as a violation of human rights, how is the responsibility of UNHCR in dealing with the issue of refugees being discriminated againstMethods of the Research: This research is a normative juridical research by means of research conducted by collecting primary, secondary, tertiary data, obtained by using library research. The data that has been collected is analyzed systematically based on legal disciplines to achieve clarity on the issues to be discussedResults of the Research: The results obtained from this study are, discriminatory treatment of black refugees can be qualified as a violation of Human Rights because it violates the principles of Human Rights which are jus cogens, and is not in accordance with the rights of refugees as regulated in the 1951 Convention and 1967 Protocol. Then the responsibility of UNHCR (United Nations High Commissioner for Refugees) in dealing with the issue of discrimination against black refugees is coordinating with the Government of Ukraine and third countries or countries that provide asylum, in providing protection by providing facilities and ensuring that refugees are treated equally in fulfilling their rights, to find safe and appropriate shelter.

The Arduous Journey: Illegal Immigration from Pakistan to the UK

Illegal immigration from Pakistan to the UK is a complex issue with various factors at play. Societal turmoil, political instability, and economic inequality contribute to the challenges faced by undocumented immigrants upon arrival. These include geographical risks, financial constraints, legal complexities, and social adjustment difficulties. Despite negative impacts such as resource strain and community conflict, undocumented immigrants fill labor gaps and contribute positively to local economies. Governments must address root causes, reform legal frameworks, protect refugee rights, and promote global collaboration. Tightening border control, combating human trafficking, and funding integration programs are crucial steps. Efforts should focus on dialogue, partnership, and affirming the rights of all individuals regardless of legal status.

Three approaches to the 1951 convention: The case for a dialectical approach

Abstract This article explores three different methodological approaches to the UN 1951 Convention on the Status of Refugees—and international refugee law (IRL) more broadly. These are termed the internal, external and dialectical approaches. It is argued that the dialectical approach, which combines elements of the internal and external approaches using a materialist postcolonial perspective helps make out in the light of changing conditions a more persuasive case for liberal interpretation and reform of the 1951 Convention. Put differently, the article is about the limitations and failings of mainstream IRL scholarship, which essentially pursues an internal approach to the 1951 Convention. It is equally about the need to decolonize and transform the pedagogy and research of IRL. This article concludes with some suggestions to advance refugee rights that would allow the 1951 Convention to respond more effectively to the protection needs of refugees around the world.

A Transnational Network Analysis of Refugees in Crisis

Over 3,000 articles from 2012–2022 in Spanish and English across the US, Mexico, Guatemala, Nicaragua, El Salvador, and Honduras were manually coded to better understand how refugees in crisis were framed in both home and destination countries. This study uses a detailed frame analysis and a broad transnational network analysis to highlight each refugee attribute on the media agenda that then informs policy across nations. While there is wide variation in the immigration policies of the countries sampled, there was nearly uniform negative framing and clustering of identical negative attributes across all countries sampled. This negative transnational homogenization of news content problematises the idea of unique journalism norms and may have profound “real world” consequences that can further stigmatize refugees throughout the Americas. This research also found that the valence of content became more negative and emotive over time. This suggests that the debate around immigration will continue and even escalate as a battleground of politics and culture—and that refugees may be portrayed even more negatively across media in the future. Given this increasing negativity and emotionality in coverage, societies may see more nationalistic—and xenophobic—immigration policies throughout the Americas and a less empathetic focus on the human rights of refugees.

Education and Coloniality in the Nordics

Current research maintains that the Nordic countries, despite their contextual differences, are prone to amnesia and sanctioned ignorance in relation to their colonial histories, legacies, and structures (Eriksen, 2021; Fjellheim, 2023; Höglund & Andersson, 2019; Jore, 2022; Keskinen et al., 2019; Kuokkanen, 2023; Loftsdóttir & Jensen, 2012; Mikander, 2016; Pashby et al., 2020. As Quijano (2000) describes, European colonialism from the 15th century did not end with historical colonialism based on territorial occupation; enduring power and knowledge structures were installed in and through modernity, described as coloniality. Coloniality entails a specific colonial matrix of power (CMP), grounded in race as an organizing principle. CMP permeates social, political, environmental, and epistemological systems of capitalist modernity in local and context-specific ways. This special issue (SI) aims to advance critical discussions about coloniality in relation to education in the Nordic region. Education has been proven to reproduce coloniality, epistemic violence and racism, but represents at the same time potential avenues towards decolonial, socially just and sustainable futures. A decolonial conversation must give room for a diversity of voices. This is due, not least, to the harsh pushbacks experienced by researchers who raise these concerns in the Nordic context. As scholars, we see worrying signs emerging from the consequences of mainstreaming of radical right-wing politics. These include cuts to welfare and development aid and limiting rights for refugees – all aspects which have commonly been seen as intrinsic to Nordic national identities. The recent case of Tobias Hübinette, a scholar in critical race and whiteness studies, is an alarming example of how academics are being threatened. A supporter of the radical right wing enrolled in his class recorded and disrupted the lecture, attempting to silence Hübinette’s research on questions about racism in general. Despite the student being a threat to university staff and students, they were not expelled (Norheim et al., 2023). The case highlights the need for joining forces and making space for conversations across the Nordic community of researchers engaged in the issues of race, racism, whiteness, and coloniality. The first articles in this SI were written by Jore and Fagerheim Kalsås, and open with theoretical discussions concerning approaches to coloniality in Nordic education. The following contributions show the richness of the field, taking on a diversity of approaches, including poststructuralist and critical whiteness theories, post- and decolonial perspectives, and indigenous methodologies, as well as more empirically oriented and descriptive pieces. Although these methodological strands have many overlaps and are in practice often combined in research, they are also at certain points conflicting (cf. Eriksen & Jore, 2023; Finbog, 2023; Groglopo & Suarez-Krabbe, 2023; Keskitalo & Olsen, 2021). We do, however, consider diversity as a strength. Coloniality is complex and can be considered a foundational concept that encompasses many distinct processes and structures at multiple levels (Kuokkanen, 2023). With this editorial, the aim is to provide background knowledge and an axis of navigation for the articles in this SI. We start with a brief recap on the multiple ways in which colonialism, racial violence, and white supremacy form part of the history of the Nordic countries. As this overview shows, decolonial perspectives have been surprisingly belated in the region. We then give a brief introduction to education and decolonization in the Nordic region – a subject that is much better explored in the individual contributions. Then, finally, we draw special attention to acknowledging indigenous perspectives in analyzing decoloniality in the Nordic region and intra-Nordic relations.

Prinsip Non-Refoulement Penanganan Pengungsi dan Relevansinya dalam Perspektif Kebijakan Selektif Keimigrasian

Immigration is a matter of the movement of people into and out of Indonesian territory which is motivated by several factors such as socio-cultural, political and economic which are the reasons why foreigners migrate. The Immigration Office is under the Directorate General of Immigration and is the responsibility of the Ministry of Law and Human Rights and has the authority to regulate the presence and activities of foreigners while they are in Indonesian territory. Immigration adheres to a selective policy system, which means that only useful and useful foreigners are allowed to enter Indonesian territory and do not disturb the country's sovereignty. International law applies the principle of non-refoulement, namely prohibiting the expulsion or refusal of foreigners to return to their country of origin for certain reasons. This principle aims to protect the human rights of refugees. National interests are not linear with international legal interests. Therefore, refugees cannot be separated from Immigration's responsibility in carrying out supervision and providing enforcement of immigration law. This research uses a normative-empirical research method which refers to the provisions in primary and secondary legal studies. Researchers collect related data from legal principles, legal conceptions, views, legal doctrines, statutory regulations and the legal system as the main focus.

Pengaturan Tentang Pengungsi Dan Tanggung Jawab UNCHR Bagi HAM Para Pengungsi

Introduction: The changes and developments of the times until now have not provided a reference for the development of international law as a whole, including in dealing with refugees.Purposes of the Research: This study aims to examine and analyze UNHCR's responsibility for the human rights of refugees in terms of international law and the regulation of refugees in terms of international law.Methods of the Research: This type of research is normative juridical where the research is carried out by collecting primary, secondary and tertiary data obtained using library research. The data that has been collected is analyzed qualitatively, the description of which is arranged systematically based on legal disciplines to achieve clarity on the issues to be discussed.Results of the Research: The results of the study show that the international standard rules that have been agreed upon by the nations of the world related to the legal arrangements for refugees are contained in the 1951 Convention and the 1967 Protocol on the Status of Refugees. Another instrument is the Declaration of Human Rights because the refugee issue is closely related to human rights issues. In addition, there is also the UNHCR Statute which contains the roles, duties and authorities of UNHCR as an international institution dealing with refugees. UNHCR is an international institution formed, sheltered and an extension of the United Nations to specifically deal with issues related to refugees. On December 14, 1950, the UNHCR Statute established the function of UNHCR, namely to provide international protection, under the auspices of the United Nations, to refugees. In particular, UNHCR has four roles, namely as initiator, facilitator, mediator & conciliator, and as determination. In dealing with Myanmar refugees in Thailand, UNHCR uses 3 methods to deal with the refugee problem, namely Repatriation, Local Integration, and Resslement.

International protection of the rights of refugees and displaced persons

International protection of the rights of refugees and displaced persons

Access to Justice. Safeguarding Migrant and Refugee Rights Before Domestic Courts and Administrative Bodies in the European Union: Three Case Studies

Access to Justice. Safeguarding Migrant and Refugee Rights Before Domestic Courts and Administrative Bodies in the European Union: Three Case Studies

Fen Plantation: Commons, Calvinism, and the Boundaries of Belonging in Early Modern England

AbstractIn the first half of the seventeenth century, several foreign plantations were established on wetlands drained during a wave of ambitious state-led projects across eastern England. The lines of solidarity and separation forged by this little-known episode in the history of migration pose important questions about how emergent notions of nationhood intersected with local and transnational, religious and economic communities. This article investigates the causes and consequences of the settlement of Calvinist refugees on drained commons in Hatfield Level. It argues that fen plantation expands understanding of the relationship between English agricultural improvement and imperial expansion in the British Atlantic, as migrant communities acted in the service of empires and states while forging transnational Protestant networks. As Calvinists and cultivators, however, the settlers were met with hostility in England. While the crown encouraged foreign plantation as a source of national prosperity, Laudian church authorities identified it as a threat to religious conformity, the state, and society, muddying depictions of English governors as guarantors of refugee rights. Local efforts to violently expel settlers from Hatfield Level, meanwhile, were rooted in fen commoners’ defense of customary rights, as parallel communities sought to enact rival environmental and economic models. The settler community interpreted these experiences through the lens of transnational Protestant adversity, entangling their quest for religious freedoms with their remit as fen improvers. Moving beyond dichotomous arguments about xenophobia, this article traces the transnational imaginaries, national visions, and emplaced processes through which collective identities and their sharp edges were constituted in early modern England.

The Right of Return: The Only Future for Palestine

Since the October 7, 2023, the world has been deeply affected by the ongoing conflict in Gaza, resulting in the tragic loss of countless innocent lives. To gain a comprehensive understanding of the current situation in Gaza, it is imperative to delve into its historical roots. This commentary offers a meticulous and critical examination of the Palestinian Nakba and the enduring Israeli-Palestinian conflict. It underscores the profound and lasting repercussions of historical events such as the Balfour Declaration and the British Mandate on Palestine, shedding light on the profound displacement and suffering endured by the Palestinian population. Furthermore, this commentary advocates for the fundamental right of Palestinian refugees to return to their homeland, presenting it as a pivotal element in the path towards conflict resolution and lasting peace. Lastly, it scrutinizes the roles played by international powers and their policies, highlighting their impact on perpetuating the conflict.

Pros and Cons of the EU–Turkey Refugee Deal and Why the Cons Prevail

The ‘EU–Turkey deal’ is a catchy nickname of the official document the ‘EU–Turkey Statement’; a result of meetings between EU and Turkey leaders. Although the EU–Turkey deal served as a basis for actions taken in relation to migration both on the side of the EU with its member states and on the side of Turkey, its legal nature remains questionable. Accusations emerged that the EU–Turkey deal resulted in the EU states’ failure to comply with the obligations in the field of human rights, particularly the rights of refugees. Yet, according to the judicial review, the individual member states are the ones responsible for implementing the EU–Turkey deal. The purpose of this article is to examine migration-related issues of the EU–Turkey deal. As the EU–Turkey Statement deals mainly with the status of Syrian refugees, legal implications of their status after the deal are one of the main subjects of this research. This article focuses primarily on the deal’s legal effects and its predominantly negative effects.

The Role of the Serbian Constitutional Court in the Area of Asylum and Migration

The Constitutional Court in Serbia protects the constitutionality and legality of human rights and freedoms guaranteed by the 2006 Constitution. However, its role in asylum- and migration-related matters is limited. There are two reasons for this: the Court very narrowly interprets its own competencies which results in the rejection of the majority of constitutional complaints, and the Court serves as a protector of state authorities rather than a protector of the human rights of asylum seekers, refugees, and migrants. The jurisprudence of the Constitutional Court in this area relates to several matters: the application of a safe third country principle, rights concerning the asylum procedure, and issues relating to the freedom of movement and detention of migrants. Therefore, the Court has been unable to develop clear and coherent practice in this area. However, it is worth noting that the Court invokes relevant standards derived from the jurisprudence of the European Court of Human Rights, although the application of those standards usually does not lead to a decision to uphold the constitutional complaint. It also relies on other international sources, such as the UN Refugee Agency reports on specific countries, various United Nations and Council of Europe instruments, and reports of non-governmental organisations. Finally, the Court is not interested in the case law of the Court of Justice of the European Union (EU), despite the fact that Serbian legislation in this area is inspired by the EU acquis. Serbia is not a member state of the EU, but as a candidate country it is in the process of aligning its own legislation and practice, and referral to the jurisprudence of the Court of Justice would provide guidance on how to interpret domestic provisions, such as subsidiary protection.

Making a Change! Exploring Refugee Youth’s Civic Engagement in Out-of-School Programs to Cultivate Critical Consciousness

Abstract Out-of-school time (OST) programs provide important contexts for youth’s development and well-being. Moreover, OST programs have the potential to serve as an anchor for refugee youth who lack familiarity with U.S. schools and communities. Youth civic engagement encompasses activities that are critical for empowering young people to participate in political, economic, and social initiatives, becoming agents of positive change. While civic engagement has been deemed an important activity, research that highlights refugee youth’s motivation, benefits, and engagement in civic duties within local communities is limited. Drawing on a critical consciousness framework, which entails becoming more aware of structural injustice and positioning oneself to participate in systemic change, this phenomenological study explores refugee youth’s motivation and types of civic engagement in OST programs. In-depth interviews were conducted with 15 refugee youth resettled in Chicago, Illinois. These youth described the motivations leading them to become civically engaged, such as a sense of duty or obligation to learn and advocate for the rights of refugees and to build a sense of community with their peers and mentors. Recommendations are offered about how schools and community partners can assist refugee students in becoming more civically involved in OST settings.

Integration of Refugee Rights in Teacher Training in Kenya

Integration of Refugee Rights in Teacher Training in Kenya

Legal Protection of Refugee Rights: Challenges and Solutions

This paper focuses on the legal protection of refugee rights in a global context marked by forced migration and armed conflicts. Starting with an analysis of the evolution of the refugee concept and the development of relevant international regulations, the paper explores the legal status of refugees and the fundamental rights they possess under international law. The main rights examined include the right to asylum and non-refoulement, as well as the rights to life, liberty, and security, social and economic rights, rights of refugee children, and rights of refugee women. Additionally, the role of international agencies and non-governmental organizations in ensuring the legal protection of refugees is analyzed, along with the challenges and obstacles they face in practice. Finally, it proposes reforms and recommendations to enhance the legal protection of refugee rights with the aim of strengthening the effective application of international norms in this crucial area. This paper contributes to a comprehensive understanding of the legal protection of refugee rights and offers perspectives for a more efficient approach to this pivotal issue in the international community.

Ambiguity and migration governance in the satellite city of Duzce, Türkiye

Türkiye has adopted regulations to manage migration and refugee flows requiring the cooperation of non-governmental organizations (NGOs) since the early 2000s. Even though the basic rights of refugees, such as health and access to educational aid, are defined by regulations, there are barriers that cause discrimination by the authorities of the institutions providing these rights and services, despite the fact that refugees are registered to access these rights. Due to these barriers, which are caused by the lack of standardized procedures, local institutions also tend to put national security first before providing the services refugees need. Based on in-depth interviews with 39 key informants—including refugees, public employees and NGO workers, this paper examines how national migration policy is reflected in local practices, using Duzce city as the example. The paper also shows how refugees develop their own survival strategies through informal mechanisms in response to this situation.

Solidarity and the protection of migrants under European Union law

The management of migration flows in the European Union (EU) faces significant challenges due to the substantial increase in migrants and refugees. The lack of cohesion and modernization in the common migration policy weakens the protection of their rights. In this context, solidarity plays a vital role in addressing legal demands, particularly in EU Law, where it serves as a fundamental principle. This study aims to analyze the legal concept of solidarity within EU Law, with a specific focus on the protection of migrant rights. Adopting a theoretical approach, the research utilizes documental and bibliographical analysis. The study is divided into two parts. The first part examines solidarity in the context of international law and EU law, considering its challenges and significance in state-to-state relations. The second part explores solidarity as a fundamental principle for safeguarding the rights of migrants in the EU. It investigates the role and operationalization of solidarity within specific legal frameworks. The findings reveal that the unique social, political, and economic circumstances of each state or group of states present significant obstacles to the effective implementation of solidarity and the protection of migrant rights. The future of common migration policies in the EU remains uncertain. Therefore, it is crucial to harmonize regulatory instruments, enhance migration management, and address the socio-political and economic challenges to ensure adequate protection for migrant rights. This study emphasizes the need for a more cohesive and comprehensive approach to managing migration flows within the EU, aiming to guarantee the fundamental rights of migrants and refugees. Overcoming existing obstacles and promoting the effective implementation of solidarity are essential in improving migration policies and strengthening mechanisms for the protection of human rights.