Ethics and Practice of Refugee Repatriation


Book Description

Mollie Gerver considers when bodies such as the UN, government agencies and NGOs ought to help refugees to return home. Drawing on original interviews with 172 refugees before and after repatriation, she resolves six moral puzzles arising from repatriation using the methods of analytical philosophy to provide a more ethical framework.




No Return, No Refuge


Book Description

Refugee displacement is a global phenomenon that has uprooted millions of individuals over the past century. In the 1980s, repatriation became the preferred option for resolving the refugee crisis. As human rights achieved global eminence, refugees' right of return fell under its umbrella. Yet return as a right and its practice as a rite created a radical disconnect between principle and everyday practice, and the repatriation of refugees and Internally Displaced Persons (IDPs) remains elusive in cases of forced displacement of victims by ethnic conflict. Reviewing cases of ethnic displacement throughout the twentieth century in Europe, Asia, and Africa, Howard Adelman and Elazar Barkan juxtapose the empirical lack of repatriation in cases of ethnic conflict, unless accompanied by coercion. The emphasis on repatriation during the last several decades has obscured other options, leaving refugees to spend years warehoused in camps. Repatriation takes place when identity, defined by ethnicity or religion, is not at the center of the displacing conflict, or when the ethnic group to which the refugees belong are not a minority in their original country or in the region to which they want to return. Rather than perpetuate a ritual belief in return as a right without the prospect of realization, Adelman and Barkan call for solutions that bracket return as a primary focus in cases of ethnic conflict.




Refugee Rights


Book Description

Of the over 33 million refugees and internally displaced people in the world today, a disproportionate percentage are found in Africa. Most have been driven from their homes by armed strife, displacing people into settings that fail to meet standards for even basic human dignity. Protection of the human rights of these people is highly uncertain and unpredictable. Many refugee service agencies agree advocacy on behalf of the displaced is a key aspect of their task. But those working in the field are so pressed by urgent crises that they can rarely analyze the requirements of advocacy systematically. Yet advocacy must go beyond international law to human rights as an ethical standard to prevent displaced people from falling through the cracks of our conflicted world. Refugee Rights: Ethics, Advocacy, and Africa draws upon David Hollenbach, SJ's work as founder and director of the Center for Human Rights and International Justice at Boston College to provide an analytical framework for vigorous advocacy on behalf of refugees and internally displaced people. Representing both religious and secular perspectives, the contributors are scholars, practitioners, and refugee advocates—all of whom have spent time "on the ground" in Africa. The book begins with the poignant narrative of Abebe Feyissa, an Ethiopian refugee who has spent over fifteen years in a refugee camp from hell. Other chapters identify the social and political conditions integral to the plight of refugees and displaced persons. Topics discussed include the fundamental right to freedom of movement, gender roles and the rights of women, the effects of war, and the importance of reconstruction and reintegration following armed conflict. The book concludes with suggestions of how humanitarian groups and international organizations can help mitigate the problem of forced displacement and enforce the belief that all displaced people have the right to be treated as their human dignity demands. Refugee Rights offers an important analytical resource for advocates and students of human rights. It will be of particular value to practitioners working in the field.




Unjust Borders


Book Description

States restrict immigration on a massive scale. Governments fortify their borders with walls and fences, authorize border patrols, imprison migrants in detention centers, and deport large numbers of foreigners. Unjust Borders: Individuals and the Ethics of Immigration argues that immigration restrictions are systematically unjust and examines how individual actors should respond to this injustice. Javier Hidalgo maintains that individuals can rightfully resist immigration restrictions and often have strong moral reasons to subvert these laws. This book makes the case that unauthorized migrants can permissibly evade, deceive, and use defensive force against immigration agents, that smugglers can aid migrants in crossing borders, and that citizens should disobey laws that compel them to harm immigrants. Unjust Borders is a meditation on how individuals should act in the midst of pervasive injustice.




The Ethics and Practice of Refugee Repatriation


Book Description

Mollie Gerver considers when bodies such as the UN, government agencies and NGOs ought to help refugees to return home. Drawing on original interviews with 172 refugees before and after repatriation, she resolves six moral puzzles arising from repatriation using the methods of analytical philosophy to provide a more ethical framework.




Refugee Repatriation


Book Description

Voluntary repatriation is now the predominant solution to refugee crises, yet the responsibilities states of origin bear towards their repatriating citizens are under-examined. Through a combination of legal and moral analysis, and case studies of the troubled repatriation movements to Guatemala, Bosnia and Mozambique, Megan Bradley develops and refines an original account of the minimum conditions of a 'just return' process. The goal of a just return process must be to recast a new relationship of rights and duties between the state and its returning citizens, and the conditions of just return match the core duties states should provide for all their citizens: equal, effective protection for security and basic human rights, including accountability for violations of these rights. This volume evaluates the ways in which different forms of redress such as restitution and compensation may help enable just returns, and traces the emergence and evolution of international norms on redress for refugees.




Condemned to Repeat?


Book Description

Humanitarian groups have failed, Fiona Terry believes, to face up to the core paradox of their activity: humanitarian action aims to alleviate suffering, but by inadvertently sustaining conflict it potentially prolongs suffering. In Condemned to Repeat?, Terry examines the side-effects of intervention by aid organizations and points out the need to acknowledge the political consequences of the choice to give aid. The author makes the controversial claim that aid agencies act as though the initial decision to supply aid satisfies any need for ethical discussion and are often blind to the moral quandaries of aid. Terry focuses on four historically relevant cases: Rwandan camps in Zaire, Afghan camps in Pakistan, Salvadoran and Nicaraguan camps in Honduras, and Cambodian camps in Thailand. Terry was the head of the French section of Medecins sans frontieres (Doctors Without Borders) when it withdrew from the Rwandan refugee camps in Zaire because aid intended for refugees actually strengthened those responsible for perpetrating genocide. This book contains documents from the former Rwandan army and government that were found in the refugee camps after they were attacked in late 1996. This material illustrates how combatants manipulate humanitarian action to their benefit. Condemned to Repeat? makes clear that the paradox of aid demands immediate attention by organizations and governments around the world. The author stresses that, if international agencies are to meet the needs of populations in crisis, their organizational behavior must adjust to the wider political and socioeconomic contexts in which aid occurs.




No Refuge


Book Description

Syrians crossing the Mediterranean in ramshackle boats bound for Europe; Sudanese refugees, their belongings on their backs, fleeing overland into neighboring countries; children separated from their parents at the US/Mexico border--these are the images that the Global Refugee Crisis conjures to many. In the news we often see photos of people in transit, suffering untold deprivations in desperate bids to escape their countries and find safety. But behind these images, there is a second crisis--a crisis of arrival. Refugees in the 21st century have only three real options--urban slums, squalid refugee camps, or dangerous journeys to seek asylum--and none provide genuine refuge. In No Refuge, political philosopher Serena Parekh calls this the second refugee crisis: the crisis of the millions of people who, having fled their homes, are stuck for decades in the dehumanizing and hopeless limbo of refugees camps and informal urban spaces, most of which are in the Global South. Ninety-nine percent of these refugees are never resettled in other countries. Their suffering only begins when they leave their war-torn homes. As Parekh urgently argues by drawing from numerous first-person accounts, conditions in many refugee camps and urban slums are so bleak that to make people live in them for prolonged periods of time is to deny them human dignity. It's no wonder that refugees increasingly risk their lives to seek asylum directly in the West. Drawing from extensive first-hand accounts of life as a refugee with nowhere to go, Parekh argues that we need a moral response to these crises--one that assumes the humanity of refugees in addition to the challenges that states have when they accept refugees. Only once we grasp that the global refugee crisis has these two dimensions--the asylum crisis for Western states and the crisis for refugees who cannot find refuge--can we reckon with a response proportionate to the complexities we face. Countries and citizens have a moral obligation to address the structures that unjustly prevent refugees from accessing the minimum conditions of human dignity. As Parekh shows, there are ways we as citizens can respond to the global refugee crisis, and indeed we are morally obligated to do so.




The Oxford Handbook of International Refugee Law


Book Description

This Handbook draws together leading and emerging scholars to provide a comprehensive critical analysis of international refugee law. This book provides an account as well as a critique of the status quo, setting the agenda for future research in the field.




Temporary Protection in Law and Practice


Book Description

Temporary protection is a flexible tool of international protection, which offers sanctuary to those fleeing humanitarian crises, and currently affects the lives and legal status of millions of forced migrants. However, the content, boundaries and legal foundation of temporary protection, remain largely undefined or unsettled. There are only a few instruments that provide guidance to states on how to respond to mass influx situations and how to implement temporary protection regimes. In Temporary Protection in Law and Practice, Meltem Ineli-Ciger takes a step towards clarifying those undefined aspects of temporary protection, by examining temporary protection’s legal foundation in international law and its relationship with the Refugee Convention. The book also reviews temporary protection policies in Europe, Southeast Asia, Turkey and the United States, with a view to identifying elements that enhance and compromise the legality and viability of temporary protection regimes. Building on this analysis and legal limitations to the freedom of states to conceptualize different aspects of temporary protection, this book provides guidance to states on how to introduce and implement a viable temporary protection regime, which operates within the boundaries of international law and international human rights law.