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Resisting Refugees

Europe

Questions to Ponder during...

The War in Syria

  • As of 2016 The War in Syria has:
  • Claimed more than 250,000 lives
  • Forced over 11 million out of their homes

  • Problems for IDP's in Syria
  • 5 million lack food, water, medicine
  • Under constant threat of bombing

Countries on Balkan Transit Route

America

Refugee Crisis in Europe and Middle East

  • Is there a better way to handle international genocide issues than the way outlined in the Genocide convention?
  • Is it a good idea for nations to get involved in International Affairs like genocides? Is it a human rights obligation?
  • Do you agree with the things that do and don't constitute torture?
  • Can torture be justified?
  • Should the nexus requirements remain part of the refugee definition?
  • Are states doing enough to assist IDP's?
  • Who is truly responsible for protecting and enforcing the human rights of refugees?
  • What are the rights these refugees should have in foreign countries?
  • What is too far when it comes to governments intervening in the refugee crisis?
  • In the U.S., driven in part by a tumultuous presidential election season, the discourse about admitting and resettling refugees has grown contentious.

  • The IRC (International Rescue Committee) continues to stress that refugees are the single most scrutinized population to enter the United States and that “they are the victims of terror, not the perpetrators of it.”

Problems in Neighboring Countries

Darfur, Sudan

Refugees' Problems:

  • unable to work legally
  • live in poverty
  • lack of access to basic services
  • must rely on humanitarian assistance

95% of Syrians are fleeing to:

  • Iraq
  • Jordan
  • Turkey
  • Lebanon

These countries are buckling under the stress due to lack of funding from the international community

  • Events occurring in Sudan perfectly fit the label for genocide:
  • “the violence targeted an ethnic group for destruction, was systematic and intentional, and was state supported”

  • National rulers found a valuable loophole to avoid taking action: if the crisis was not labeled “genocide”, then they would not need to get involved

Genocide

Definition: the deliberate killing of a large group of people, especially those of a specific ethnic group or nation

The Genocide Convention

  • Agreement developed after the Holocaust, in which many different nations vowed to never allow destruction of targeted ethnic, racial, or religious groups again

  • Essentially, international action must be taken if certain crises were labeled “genocide”

The Issue with the Genocide Convention

The Loophole

When the time for action came about, countries didn't want to get involved in other's international issues

Nations involved in the Genocide Convention wanted the benefits of the treaty, but were reluctant to hold up their end of the bargain

If a crisis is labeled "genocide" then the parties involved in the Genocide Convention...

  • Were required to “undertake [action] to prevent and punish” the crisis
  • May also call on the U.N. to “take such action…for the prevention and suppression” of crises

The Key...

The Genocide Convention was unclear on the "who" and the "what"

  • This lack of action in Sudan led to great criticism and debate from various news outlets and activist groups

Torture

Looking Forward:

The Genocide Convention enlisted its members into a positive obligation to other countries; however, it failed to make a clear statement

Who should step up?

  • The UN Human Rights System
  • The UN Security Council
  • International Criminal Court

Domestic Obligations

• Take measures to prevent torture

• Make acts of torture punishable

• Investigate allegations of torture

• Give victims a platform to address issues

• Train police so they do not engage in torture

Defining Torture:

  • Severe pain or suffering
  • (can be physical or mental)
  • Goal - to obtain information/confession/coerce them into something
  • Preformed or allowed by the state

What is considered "Severe"??

Extraterritorial Obligations

"Torture" vs "Degrading Treatment"

Non Refoulement

Prosecute alleged Terrorists

Inter-state complaint system

Ex: Filartiga and Pinochet

Torture Justified?

  • "the ticking time bomb"
  • It's technically prohibited

Persecution

Arguments against:

  • Sure they have the right person?
  • "Admit to make it end"
  • Creating a terrorist

- a threat to life or freedom

Gender Persecution Examples

  • FGM
  • Cultural practices

The Right to Health and Food

Refugees' Rights

Everyone has a right to asylum when their human rights have been compromised

State Obligations:

What constitutes a refugee?

RESPECT

Internally Displaced Persons (IDP)

13.7 Million IDP's

PROTECT

11.4 Million refugees

FULFILL

The Stats

  • "a refugee in their own country"
  • Face persecution, but unable to flee
  • so not technically a refugee
  • Outside their own country
  • Have a true fear of persecution
  • That's based on at least 1 of the following
  • Race
  • Religion
  • Nationality
  • Membership to a social or political group

2.3 million from Iraq

3 million from Afghanistan

State Obligations

Common Health Issues

  • 500,000 maternal deaths / year
  • HIV killed 25 million
  • Affects an additional 33 million
  • 2004 Tsunami
  • Protect against refoulement
  • The "first country of asylum"
  • "Safe countries of origin"

Food

  • Quality, not quantity
  • Violation to human dignity

  • 900 million chronically hungry

International Obligations

Fisher, Myers, Quinlan

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