Maria O’Sullivan
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199578986
- eISBN:
- 9780191595202
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199578986.003.0008
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter focuses on the so called ‘protracted’ refugee situations which have proved the most problematic in terms of human security in Africa and the way in which recent United Nations High ...
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This chapter focuses on the so called ‘protracted’ refugee situations which have proved the most problematic in terms of human security in Africa and the way in which recent United Nations High Commissioner for Refugees (UNHCR)-led initiatives may address these concerns. The chapter first outlines the legal and political environment in which refugee movements occur, the nature of refugee flows in Africa, and the security concerns which have arisen from these. It then discusses the meaning of ‘human security’ as it applies to refugee situations. It considers the implications that recent UNHCR initiatives and the restrictive refugee policies of many asylum host states may have for the human security of refugees within Africa. Finally, the chapter questions whether the concept of ‘human security’ is one that should be utilized in the refugee context at all.Less
This chapter focuses on the so called ‘protracted’ refugee situations which have proved the most problematic in terms of human security in Africa and the way in which recent United Nations High Commissioner for Refugees (UNHCR)-led initiatives may address these concerns. The chapter first outlines the legal and political environment in which refugee movements occur, the nature of refugee flows in Africa, and the security concerns which have arisen from these. It then discusses the meaning of ‘human security’ as it applies to refugee situations. It considers the implications that recent UNHCR initiatives and the restrictive refugee policies of many asylum host states may have for the human security of refugees within Africa. Finally, the chapter questions whether the concept of ‘human security’ is one that should be utilized in the refugee context at all.
Agnès Hurwitz
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199278381
- eISBN:
- 9780191706998
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199278381.001.0001
- Subject:
- Law, Criminal Law and Criminology, Public International Law
In managing the growing number of refugees arriving in the industrialised world, beginning at the end of the 1970s, States have devised increasingly restrictive policies. The objectives of these ...
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In managing the growing number of refugees arriving in the industrialised world, beginning at the end of the 1970s, States have devised increasingly restrictive policies. The objectives of these measures have been to restrict access to the territory or, at least, to asylum procedures. Thus, while international co-operation in the refugee field traditionally focused on protection and assistance, the last two decades have been characterised by the emergence of transnational policies aimed at containing refugee flows, primarily on the European continent. The convoluted refugee routes — often described as ‘secondary’ or ‘irregular’ movements of refugees between countries of origin and their final destination — have been among States' major preoccupations. To combat what they often perceive to be proof of the fraudulent or manifestly unfounded nature of asylum claims, European States have passed legislation or agreed on international instruments designed to allocate and even evade responsibility for the examination of asylum applications. Even bolder solutions have been advocated more recently, such as the outsourcing of asylum procedures through regional or offshore schemes. This book presents a critical legal analysis of the mechanisms and arrangements devised by States to tackle secondary movements of refugees, and offers innovative solutions to the protection crisis afflicting the global refugee regime. After providing a breakdown of the various legal tools used by States to combat secondary refugee movements, it argues that, while the legality of these various arrangements is in doubt, the most appropriate way to address these protection failures is to strengthen and develop adequate international accountability mechanisms.Less
In managing the growing number of refugees arriving in the industrialised world, beginning at the end of the 1970s, States have devised increasingly restrictive policies. The objectives of these measures have been to restrict access to the territory or, at least, to asylum procedures. Thus, while international co-operation in the refugee field traditionally focused on protection and assistance, the last two decades have been characterised by the emergence of transnational policies aimed at containing refugee flows, primarily on the European continent. The convoluted refugee routes — often described as ‘secondary’ or ‘irregular’ movements of refugees between countries of origin and their final destination — have been among States' major preoccupations. To combat what they often perceive to be proof of the fraudulent or manifestly unfounded nature of asylum claims, European States have passed legislation or agreed on international instruments designed to allocate and even evade responsibility for the examination of asylum applications. Even bolder solutions have been advocated more recently, such as the outsourcing of asylum procedures through regional or offshore schemes. This book presents a critical legal analysis of the mechanisms and arrangements devised by States to tackle secondary movements of refugees, and offers innovative solutions to the protection crisis afflicting the global refugee regime. After providing a breakdown of the various legal tools used by States to combat secondary refugee movements, it argues that, while the legality of these various arrangements is in doubt, the most appropriate way to address these protection failures is to strengthen and develop adequate international accountability mechanisms.
Claudena M. Skran
- Published in print:
- 1995
- Published Online:
- October 2011
- ISBN:
- 9780198273929
- eISBN:
- 9780191684081
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198273929.003.0008
- Subject:
- Political Science, International Relations and Politics
This chapter explores the international refugee regime's impact on the prevention of refugee movements worldwide. The chapter discusses the attempts made by certain actors in the international ...
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This chapter explores the international refugee regime's impact on the prevention of refugee movements worldwide. The chapter discusses the attempts made by certain actors in the international refugee regime for confronting the root causes of refugee flows. The outcome of efforts for preventing and controlling refugee movements in the inter-war years are studied extensively in the chapter. The chapter also examines the efforts of certain actors in the international refugee regime to expand the functions of the regime to include dealing with the causes of refugee movements.Less
This chapter explores the international refugee regime's impact on the prevention of refugee movements worldwide. The chapter discusses the attempts made by certain actors in the international refugee regime for confronting the root causes of refugee flows. The outcome of efforts for preventing and controlling refugee movements in the inter-war years are studied extensively in the chapter. The chapter also examines the efforts of certain actors in the international refugee regime to expand the functions of the regime to include dealing with the causes of refugee movements.
- Published in print:
- 2010
- Published Online:
- June 2013
- ISBN:
- 9780804758819
- eISBN:
- 9780804773706
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804758819.003.0008
- Subject:
- Political Science, International Relations and Politics
This chapter, which investigates the effect of conflict on public health through forced migration and the generation of refugee flows, discusses the deteriorating impact of forced migration on key ...
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This chapter, which investigates the effect of conflict on public health through forced migration and the generation of refugee flows, discusses the deteriorating impact of forced migration on key indicators of population health and the positive effect of democracy, national income, and economic openness on health achievement. It evaluates the linkages among war, forced migration, and health outputs for the period from 1965 to 1995, and suggests that states which host large numbers of refugees will experience a decline in their health achievement.Less
This chapter, which investigates the effect of conflict on public health through forced migration and the generation of refugee flows, discusses the deteriorating impact of forced migration on key indicators of population health and the positive effect of democracy, national income, and economic openness on health achievement. It evaluates the linkages among war, forced migration, and health outputs for the period from 1965 to 1995, and suggests that states which host large numbers of refugees will experience a decline in their health achievement.
Violeta Moreno-Lax
- Published in print:
- 2017
- Published Online:
- October 2017
- ISBN:
- 9780198701002
- eISBN:
- 9780191770517
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198701002.003.0011
- Subject:
- Law, Human Rights and Immigration
This chapter summarizes the overall conclusions to which the findings arrived at in previous chapters lead. The research points to a persistent disregard of the particular position of exiles in ...
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This chapter summarizes the overall conclusions to which the findings arrived at in previous chapters lead. The research points to a persistent disregard of the particular position of exiles in relation to pre-border controls. It emphasizes how the general references to human rights and refugee law introduced in each of the instruments analyzed in Part I are insufficient to guarantee the rights identified in Part II. While ‘integrated border management’ (IBM) measures include some recognition of their potential impact on access to asylum in the Member States, no provision is made for adequate procedures and remedies through which compliance with the protection obligations imposed by EU law would be ensured in practice. On this basis, the chapter closes with a final assessment of IBM tools as currently operationalised, suggesting that either these be adapted to the fundamental rights acquis or abandoned as incompatible with the founding values of the EU.Less
This chapter summarizes the overall conclusions to which the findings arrived at in previous chapters lead. The research points to a persistent disregard of the particular position of exiles in relation to pre-border controls. It emphasizes how the general references to human rights and refugee law introduced in each of the instruments analyzed in Part I are insufficient to guarantee the rights identified in Part II. While ‘integrated border management’ (IBM) measures include some recognition of their potential impact on access to asylum in the Member States, no provision is made for adequate procedures and remedies through which compliance with the protection obligations imposed by EU law would be ensured in practice. On this basis, the chapter closes with a final assessment of IBM tools as currently operationalised, suggesting that either these be adapted to the fundamental rights acquis or abandoned as incompatible with the founding values of the EU.
