Refugee Question as an International Global Problem

The problem of refugees is a phenomenon characteristic of contemporary international relations. It can take an individual form (as a result of individual persecutions of a racial, religious, national or political character) or the form of mass relocations, especially in the face of military conflicts or general breaching of human rights. The purpose of this paper is to present the refugee question as an international global problem that may appear in any region of the world, impacting the situation of states and societies, that is perceived as both a threat and a fundamental challenge for the entire international community.

PALESTINIAN REFUGEES-HOW CAN A DURABLE SOLUTION BE ACHIEVED? CEPS Middle East Working Paper No. 6, July 2003

From the Introduction. The refugee question is at the core of the conflict between Israel and the Palestinians. Palestinians were first displaced as a direct consequence of the 1948 war and its aftermath. Twenty years later, another wave of Palestinian refugees was created as a consequence of the war during which Israel occupied the West Bank and the Gaza Strip. The purpose of the present paper is to: • deliver a critical analysis of past approaches to deal with the refugee issue in the various attempts to resolve the conflict between Israel and the Palestinians; • discuss lessons to be learned from the settlement and its implementation mechanisms in Bosnia and Herzegovina; and • propose a direction for a long-term strategy for the international community that avoids past pitfalls and could ultimately lead both parties to an agreement.

To adopt refugee quotas or not: Is that the question? CEPS Commentary, 2 October 2015

One of the most controversial initiatives taken by the EU in response to the recent influx of refugees has been a provisional relocation system, aimed at the distribution of 120,000 asylum-seekers from Greece and Italy to other EU member states. This commentary explores the flaws in the current Dublin system and evaluates whether the new approach will prove more effective and humane.

Engaging with the promises of education : African refugee students in Australian secondary schools

The research reported in this paper investigated the engagement of students who arrived in Australian secondary schools as refugees from Africa. Enrolment of large cohorts of refugees from Africa is a relatively new phenomenon in the English-speaking West. The literature provides evidence that emotional engagement with the promises of schooling is strong for many of the young African refugees. Students envision successful professional careers as doctors, engineers, lawyers, and IT experts; they envision returning to their country as professionals able to help the people. The question investigated in this paper is: How does schooling in Australia impact on young African refugees’ education and career aspirations? Engagement is understood in Bourdieuian terms as dispositions to be and to become an educated person. This is a disposition which entails fundamental belief in the value of the stakes of schooling. The data analysed in the paper were produced in a study undertaken in the state of Queensland where 5000 of the 39 000 African refugees who have arrived in Australia since 2000 have settled. Semi-structured interviews were conducted with students and their parents and teachers after arrival in an intensive language school, and then after transition to a regular secondary school. The findings show both the durability and malleability of educational dispositions in conditions of dramatic social change occasioned by refugee experience. Engagement in the stakes of schooling is both built and eroded as students flee their homelands for countries of refuge. Previously unimaginable educational dreams are possible for some; but for others, long-held dreams become unattainable. The paper concludes with recommendations for better supporting young people through this re-shaping of self.

Developing a best practice model of refugee maternity care

Background: About one third of refugee and humanitarian entrants to Australia are women age 12—44 years. Pregnant women from refugee backgrounds may have been exposed to a range of medical and psychosocial issues that can impact maternal, fetal and neonatal health. Research question: What are the key elements that characterise a best practice model of maternity care for women from refugee backgrounds? This paper outlines the findings of a project which aimed at developing such a model at a major maternity hospital in Brisbane, Australia. Participants and methods: This multifaceted project included a literature review, consultations with key stakeholders, a chart audit of hospital use by African-born women in 2006 that included their obstetric outcomes, a survey of 23 African-born women who gave birth at the hospital in 2007—08, and a survey of 168 hospital staff members. Results: The maternity chart audit identified complex medical and social histories among the women, including anaemia, female circumcision, hepatitis B, thrombocytopenia, and barriers to access antenatal care. The rates of caesarean sections and obstetric complications increased over time. Women and hospital staff surveys indicated the need for adequate interpreting services, education programs for women regarding antenatal and postnatal care, and professional development for health care staff to enhance cultural responsiveness. Discussion and conclusions: The findings point towards the need for a model of refugee maternity care that comprises continuity of carer, quality interpreter services, educational strategies for both women and healthcare professionals, and the provision of psychosocial support to women from refugee backgrounds.

Women from refugee backgrounds and their experiences of attending a specialist antenatal clinic : narratives from an Australian setting

Problem: In response to an identified need, a specialist antenatal clinic for women from refugee backgrounds was introduced in 2008, with an evaluation planned and completed in 2010. Question: Can maternity care experiences for women from refugee backgrounds, attending a specialist antenatal clinic in a tertiary Australian public hospital, be improved? Methods: The evaluation employed mixed methods, generating qualitative and quantitative data from two hospital databases, a chart audit, surveys and interviews with service users, providers and stakeholders. Contributions were received from 202 participants. Findings: The clinic was highly regarded by all participants. Continuity of care throughout the antenatal period was particularly valued by newly arrived women as it afforded them security and support to negotiate an unfamiliar Western maternity system. Positive experiences decreased however; as women transitioned from the clinic to labour and postnatal wards where they reported that their traditional birthing and recuperative practices were often interrupted by the imposition of Western biomedical notions of appropriate care. The centrally located clinic was problematic, frequently requiring complex travel arrangements. Appointment schedules often impacted negatively on traditional spousal and family obligations. Conclusions: Providing comprehensive and culturally responsive maternity care for women from refugee backgrounds is achievable, however it is also resource intensive. The production of translated information which is high quality in terms of production and content, whilst also taking account of languages which are only rarely encountered, is problematic. Cultural competency programmes for staff, ideally online, require regular updating in light of new knowledge and changing political sensitivities.

The Credibility and Authoritativeness of Documentary Information in Determining Refugee Status: The Canadian Experience

This article reviews the origins of the Documentation, Information and Research Branch (the 'Documentation Center') of Canada's Immigration and Refugee Board (IRB), established in 1988 as a part of a major revision of the procedure for determination of refugee status. The Documentation Center conducts research to produce documents describing conditions in refugee-producing countries, and also disseminates information from outside. The information is available to decision-makers, IRB staff, counsel and claimants. Given the importance of decisions on refugee status, the article looks at the credibility and the authoritativeness of the information, by analyzing the structure of information used. It recalls the different types of information 'package' produced, such as a country profiles and the Question and Answer Series, the Weekly Madia Review, the 'Perspectives' series, Responses to Information Requests and Country files, and considers the trend towards standardization across the country. The research process is reviewed, as are the hiring criteria for researchers, the composition of the 'collection', how acquisitions are made, and the development of databases, particularly on country of origin (human rights material) and legal information, which are accessible on-line. The author examines how documentary information can be used by decision-makers to draw conclusions as to whether the claim has a credible basis or the claimant has a well-founded fear of persecution. Relevant caselaw is available to assess and weigh the claim. The experience of Amnesty International in similar work is cited for comparative purposes. A number of 'safeguards' are mentioned, which contribute to the goal of impartiality in research, or which otherwise enhance the credibility of the information, and the author suggests that guidelines might be drafted to explain and assist in the realization of these aims. Greater resources might also enable the Center to undertake the task of 'certifying' the authoritativeness of sources. The author concludes that, as a new institution in Canadian administrative law, the Documentation Center opens interesting avenues for the future. Beacause it ensures an acceptable degree of impartiality of its research and the documents it produces, it may be a useful model for others tribunals adjudicating in fields where evidence is either difficult to gather, or is otherwise complex.

Contextualizing discretion : micro-dynamics of Canada’s refugee determination system

À une époque où l'immigration internationale est de plus en plus difficile et sélective, le statut de réfugié constitue un bien public précieux qui permet à certains non-citoyens l'accès et l'appartenance au pays hôte. Reposant sur le jugement discrétionnaire du décideur, le statut de réfugié n’est accordé qu’aux demandeurs qui établissent une crainte bien fondée de persécution en cas de retour dans leur pays d'origine. Au Canada, le plus important tribunal administratif indépendant, la Commission de l'immigration et du statut de réfugié du Canada (CISR), est chargé d’entendre les demandeurs d'asile et de rendre des décisions de statut de réfugié. Cette thèse cherche à comprendre les disparités dans le taux d’octroi du statut de réfugié entre les décideurs de la CISR qui sont politiquement nommés. Au regard du manque de recherches empiriques sur la manière avec laquelle le Canada alloue les possibilités d’entrée et le statut juridique pour les non-citoyens, il était nécessaire de lever le voile sur le fonctionnement de l’administration sur cette question. En explorant la prise de décision relative aux réfugiés à partir d'une perspective de Street Level Bureaucracy Theory (SLBT) et une méthodologie ethnographique qui combine l'observation directe, les entretiens semi-structurés et l'analyse de documents, l'étude a d'abord cherché à comprendre si la variation dans le taux d’octroi du statut était le résultat de différences dans les pratiques et le raisonnement discrétionnaires du décideur et ensuite à retracer les facteurs organisationnels qui alimentent les différences. Dans la lignée des travaux de SLBT qui documentent la façon dont la situation de travail structure la discrétion et l’importance des perceptions individuelles dans la prise de décision, cette étude met en exergue les différences de fond parmi les décideurs concernant les routines de travail, la conception des demandeurs d’asile, et la meilleure façon de mener leur travail. L’analyse montre comment les décideurs appliquent différentes approches lors des audiences, allant de l’interrogatoire rigide à l’entrevue plus flexible. En dépit des contraintes organisationnelles qui pèsent sur les décideurs pour accroître la cohérence et l’efficacité, l’importance de l’évaluation de la crédibilité ainsi que l’invisibilité de l’espace de décision laissent suffisamment de marge pour l’exercice d’un pouvoir discrétionnaire. Même dans les environnements comme les tribunaux administratifs où la surabondance des règles limite fortement la discrétion, la prise de décision est loin d’être synonyme d’adhésion aux principes de neutralité et hiérarchie. La discrétion est plutôt imbriquée dans le contexte de routines d'interaction, de la situation de travail, de l’adhésion aux règles et du droit. Même dans les organisations qui institutionnalisent et uniformisent la formation et communiquent de façon claire leurs demandes aux décideurs, le caractère discrétionnaire de la décision est par la nature difficile, voire impossible, à contrôler et discipliner. Lorsqu'ils sont confrontés à l'ambiguïté des objectifs et aux exigences qui s’opposent à leur pouvoir discrétionnaire, les décideurs réinterprètent la définition de leur travail et banalisent leurs pratiques. Ils formulent une routine de rencontre qui est acceptable sur le plan organisationnel pour évaluer les demandeurs face à eux. Cette thèse montre comment les demandeurs, leurs témoignages et leurs preuves sont traités d’une manière inégale et comment ces traitements se répercutent sur la décision des réfugiés.

"Disturbing practices":dehumanizing asylum seekers in the refugee "Crisis" in Australia, 2001-2002

Throughout late 2001 and 2002, the Australian Government, seeking re-election, campaigned on a tough line against so-called "illegal" immigrants. Represented as "queue jumpers," "boat people," and "illegals," most of these asylum seekers came from Middle Eastern countries, and, in the main, from Afghanistan and Iraq. This paper explores the way particular representations of cultural difference were entwined in media and government attacks upon asylum seekers. In particular, it analyzes the way key government figures articulated a negative understanding of asylum seekers' family units--representing these as "foreign" or "other" to contemporary Australian standards of decency and parental responsibility. This representational regime also drew upon post-September 11 representations of Middle Eastern people, and was employed to call into question the validity of asylum-seekers' claims for refugee status. Manufactured primarily through the now notorious "children overboard" incident, these images became a central motif of the 2001 election campaign. This paper concludes by examining the way these representations of refugees as "undeserving" were paralleled by new Temporary Protection Visa regulations in Australia.

Discrimination as the touchstone of persecution in refugee law

The touchstone of refugee law is the concept of persecution. The concept is poorly defined. The courts have suggested that it includes several elements, including discrimination, systematic conduct, motivation and causation. In the context of distinguishing between prosecution and persecution, other criteria that have been employed include the notion of a law of general application’ and the legitimate and appropriate and adapted test. These concepts are often overlapping and some are superfluous. This paper proposes a new test for persecution. The best way forward to unify and inject coherency, consistency and certainty into this area of the law is to make discrimination the sole criterion of persecution. The (exhaustive) test for persecution that is proposed is as follows:  1. Does the law on its face impose an additional burden for a Convention reason? 2. If the answer is no, it is necessary to examine if the practical effect of the law is to impose an additional burden on people for a Convention reason either because the law selectively targets people for a Convention ground or disproportionately applies against people for a Convention ground? 3. If the answer to both questions is ‘no’, the law does not constitute persecution. 4. If the answer to question 1 or 2 is ‘yes’, then the law will constitute persecution unless there is a relevant basis for causing serious harm to people for a Convention reason.

Unaccompanied Refugee Youth in Switzerland and the 'Refugee Crisis': The Emergence of the Child Asylum Seeker

In this paper I will reflect on the emergence of the distinct figure of the child asylum seeker which has entered public and political debates in Switzerland within the last 2 years. It is a figure that is identified through certain attributes such as youth, trauma, lostness or need for protection, and it is a figure that is imbued with certain rights (namely children’s rights). While this has helped young people to receive special treatment, the question arises what the repercussions are for those who do not fit within these categories. What, for example, happens, when different notions of youth, childhood and adolescence clash and disrupt ideals of innocence and childhood? And given that negative public discourses are largely focussed on the apparent danger and uncontrollability of male, single asylum seekers, what happens when categories mix and mingle? In this paper I will shed light on the interplay of institutional expectations of what constitutes a 'proper' child refugee and the ways young people themselves play with, test and contest these norms.

Teacher’s Conceptions of Caring and Protective Teaching Elements in Rwamwanja Refugee Settlement Schools

The purpose of this study is to find out what conceptions Rwamwanja refugee settlement teachers have about caring teaching methods. The study was conducted by analysing the data gathered from semi-structured interviews. Twelve teachers were interviewed in four different refugee settlement schools. The main theory of this study is based on ethics of care research by Nel Noddings. In addition, the framework was developed by combining the theories of resilience and psychosocial support which are often employed in research concerning emergency contexts. This study uses qualitative content analysis to describe the conceptions of caring teachers have and protective teaching elements they employ. The results of this study show that many of the key elements of caring and protective teaching were present in teacher’s answers. For example, in their answers, the majority of the teachers pointed out the significance of using soft discipline. However, many teaching elements considered ideal in emergency contexts were missing. These missing methods include routines and flexibility which are considered essential for vulnerable children. The teachers’ levels of conceptual thinking varied remarkably depending on their language skills. The communication was limited to very basic and concrete language in some of the interviews due to lack of mutual understanding. This also raised a question about the level of understanding between refugee pupils and teachers since there is no strong common language between them. The results of this research call for further studies about the effect of caring teaching elements in growth of resilience in refugee children. Keywords: The ethics of care, resilience, psychosocial support, education in emergencies, refugees, education, protection.

Australia, Korea and the Korean Question in the United Nations, 1946-1991

One previously unrecognised feature of the history of the political relationship between Australia and Korea is the role played by Australia as a member of the United Nations Organization in respect to the so-called Korea Question. Drawing on source documents from UN Resolutions and Australian Archives this article examines the changing positions of Australia as the Korea Question developed in the UN General Assembly. This spanned a period from the beginnings of the UN Organization until the time when both Koreas were admitted as members in 1991. The article proposes the Australian positions as responses to changing domestic and international political contexts.