scholarly journals A threat to cosmopolitan duties? How COVID-19 has been used as a tool to undermine refugee rights

2021 ◽  
Author(s):  
Jamal Barnes ◽  
Samuel M Makinda

Abstract The outbreak of COVID-19 in early 2020 provided cover for some states to take strict and hostile measures against refugees and asylum seekers, thereby privileging self-regarding over other-regarding or cosmopolitan-oriented policies. The hostile measures, which have included detentions, pushbacks and other refugee deterrence actions not only appeared to shake the refugee system, but they increased the vulnerability of asylum seekers and refugees who continued to be exposed to torture, drownings at sea, trafficking and sexual violence. This development, which included a fine-tuning of some measures that had been hatched before the emergence of COVID-19, appeared to set back efforts to nurture the bonds of global human solidarity and expand moral and ethical boundaries beyond state borders. However, the international refugee regime continues and is supported by many states and other international actors that seek to emphasise cosmopolitan and other-regarding policies. The resilience of the refugee system underlines the fact that international society has a practical and moral basis to challenge exclusionist policies towards asylum seekers and refugees, prevent future harm that might result from asylum deterrence policies and develop more humane forms of international refugee governance.

Author(s):  
Rachel Tribe ◽  
Angelina Jalonen

This chapter reviews the socio-political environment and legal factors that provide the context and influence the lived experience of many refugees and asylum seekers. These factors are considered in relation to flight, arrival, and settlement in a new country. How these contextual factors may impact upon refugees and asylum seekers, their sense of identity, and mental health will be reviewed. The chapter reflects upon the possible challenges faced by many refugees and asylum seekers, as well as arguing that the strengths, resilience, and coping strategies that many asylum seekers and refugees exhibit need to be adequately considered by clinicians, if a meaningful service is to be provided. The importance of clinicians being culturally curious and listening to service users’ meaning-making is vital. An overview of some other issues that clinicians may need to consider is provided. The chapter contains a number of case studies to illustrate the related issues.


2016 ◽  
Vol 19 (2) ◽  
pp. 232-248 ◽  
Author(s):  
Talita Greyling

The influx of asylum-seekers and refugees from across Africa into democratic South Africa has increased significantly. The aim of this paper is to determine the factors that influences the expect well-being of this unique group. Expected well-being is an important determinant of both the decision to migrate and the choice of a country of destination. Knowledge about this determinant therefore informs refugee policies. The results show that only a few of the factors found in the literature explaining the expected well-being of voluntary migrants also explain the expected well-being of forced migrants. However, a number of factors found in the literature that explain the subjective well-being and well-being in general of refugees and asylum-seekers also went towards explaining the expected well-being of this group. These factors include: government assistance, culture, the time spent in South Africa, economic factors, crime, refugee status, reasons for leaving the home countries and the number of people staying in a house in the receiving country. The findings of this study emphasise the differences between forced and voluntary migrants and highlight the factors that influence the expected well-being of forced migrants. These in turn shed light on migration decisions and the choice of destination countries.


2020 ◽  
Vol 7 (2) ◽  
pp. 99
Author(s):  
Alifa Salsabila

President Trump’s issuance of Executive Order 13769 titled “Protecting the Nation from Foreign Terrorist Entry into the United States” restricts and even bans access to refugees and asylum seekers from seeking international protection in and from the United States. It is done by creating narratives that refugees and asylum seekers are capable of committing “potential threats” under the umbrella of terrorism. This study aims to dismantle the paradoxes the Executive Order conveys. It focuses on the international refugee regime under the ambit of international law and a broader context of immigration debates—socially, economically, and culturally. This study uses theThird World Approach to International Law (TWAIL),making it possible for academic legal discussionto correspond in cultural context. The findings show that Trump’s Executive Order 13769 functions as the tool for the United States to “othering” refugees and asylum seekers as foreign terrorists in order to wage its national interests while ruling out humanity and the regime.


2007 ◽  
Vol 191 (1) ◽  
pp. 75-81 ◽  
Author(s):  
Diana Bögner ◽  
Jane Herlihy ◽  
Chris R. Brewin

BackgroundLate disclosure or nondisclosure during Home Office interviews is commonly cited as a reason to doubt an asylum seeker's credibility, but disclosure may be affected by other factors.AimsTo determine whether and how sexual violence affects asylum seekers' disclosure of personal information during Home Office interviews.MethodTwenty-seven refugees and asylum seekers were interviewed using semi-structured interviews and self-report measures.ResultsThe majority of participants reported difficulties in disclosing. Those with a history of sexual violence reported more difficulties in disclosing personal information during Home Office interviews, were more likely to dissociate during these interviews and scored significantly higher on measures of posttraumatic stress symptoms and shame than those with a history of non-sexual violence.ConclusionsThe results indicate the importance of shame, dissociation and psychopathology in disclosure and support the need for immigration procedures sensitive to these issues. Judgments that late disclosure is indicative of a fabricated asylum claim must take into account the possibility of factors related to sexual violence and the circumstances of the interview process itself.


BMJ Open ◽  
2020 ◽  
Vol 10 (5) ◽  
pp. e034412 ◽  
Author(s):  
Andreas Halgreen Eiset ◽  
Michaelangelo P Aoun ◽  
Ramzi S Haddad ◽  
Wadih J Naja ◽  
Kurt Fuursted ◽  
...  

IntroductionBy end of 2018, the European Union countries hosted approximately 2.5 million refugees and Lebanon alone hosted more than 1 million. The majority of refugees worldwide came from Syria. The prevailing study design in published studies on asylum seekers’ and refugees’ health leaves a number of fundamental research questions unanswerable. In the Asylum seekers’ and Refugees’ Changing Health (ARCH) study, we examine the health of a homogeneous group of refugees and asylum seekers in two very different host countries with very different migration histories. We aim to study the health impact of the migration process, living conditions, access to healthcare, gene–environment interactions and the health transition.Methods and analysisARCH is an international multisite study of the health of adult (>18 years old) Syrian refugees and asylum seekers in Lebanon and Denmark. Using a standardised framework, we collect information on mental and physical health using validated scales and biological samples. We aim to include 220 participants in Danish asylum centres and 1100 participants in Lebanese refugee camps and settlements. We will use propensity score weights to control for confounding and multiple imputation to handle missing data.Ethics and disseminationEthical approval has been obtained in Lebanon and Denmark. In the short term, we will present the cross-sectional association between long-distance migration and the results of the throat and wound swab, blood and faeces samples and mental health screenings. In the longer term, we are planning to follow the refugees in Denmark with collection of dried blood spots, mental health screenings and semistructured qualitative interviews on the participant’s health and access to healthcare in the time lived in Denmark. Here, we present an overview of the background for the ARCH study as well as a thorough description of the methodology.


2019 ◽  
pp. 004711781988461
Author(s):  
Alise Coen

States have increasingly moved away from refugee protection, intensifying the vulnerability of refugees and asylum-seekers. Drawing on theories of norm dynamics within International Relations (IR), this article argues that departures from refugee protection can be partly explained by the weakness of the normative principles governing the treatment of individuals fleeing persecution. Ambiguities, diverging interpretations, and varying levels of codification complicate efforts to hold states accountable to a complex bundle of human rights standards surrounding refugee and asylum protection. These weaknesses in the international refugee regime bolster norm-evading behavior wherein governments deliberately minimize their obligations while claiming technical compliance. Drawing on an analysis of US refugee and asylum policies under the Trump administration, the article reveals how norm evasion and accountability challenges emerge in the context of ambiguous standards vis-à-vis non-refoulement, non-detention, non-penalization, non-discrimination, and refugee responsibility-sharing.


2015 ◽  
Vol 15 (1) ◽  
Author(s):  
Lisa Jane Archbold

<em>Australia has a number of international legal obligations in relation to asylum seekers and refugees. In the scheme of things, the number of asylum seekers and refugees who attempt to reach Australia by sea without a valid visa is relatively small. Since 2012, Australia has restored its legal framework of processing asylum seekers and refugees who arrive by sea offshore in Papua New Guinea and Nauru. There are a number of concerns with the treatment of asylum seekers and refugees at these offshore processing centres, highlighting concerns Australia is not complying with its international legal obligations. The primary justification of the current policies has been that a strong deterrent is required to deter the people-smuggling trade. However, the deterrent justification lacks evidence to support it, and is unable to justify breaches of some of the most fundamental obligations owed to refugees and asylum seekers.</em>


2016 ◽  
Vol 3 (02) ◽  
pp. 48
Author(s):  
Nurul Azizah Zayzda ◽  
Sri Wijayanti

AbstrakMakalah ini membahas kebijakan Indonesia sebagai sebuah negara maritim dalam menghadapi persoalan migrasi tidak teratur, khususnya disini yang berdampak pada pencari suaka dan pengungsi lintas batas. Isu migrasi tidak teratur masih merupakan persoalan yang dihadapi oleh negara maritim yang memiliki akses terbuka berupa laut yang menjadi jalur utama perjalanan migran menuju negara tujuan. Sebagai negara yang terletak di jalur pelayaran utama dunia, di tengah tengah benua Australia dan Asia, Indonesia seringkali dihadapkan pada persoalan ini dimana Indonesia menjadi jalur atau negara transit pengungsi dan pencari suaka yang kebanyakan datang dari wilayah Timur Tengah dan Asia Selatan. Menurut data UNHCR, saat ini terdapat sekitar 13 ribu pengungsi dan pencari suaka di Indonesia, dan jumlah ini meningkat dari tahun-tahun sebelumnya. Indonesia sebagai negara maritim memiliki prinsip bahwa kepulauan dan kelautan Indonesia merupakan satuan pertahanan dan keamanan Indonesia (Zen, 2000, dikutip dari Geomagz, 2016). Namun penting untuk lebih jauh melihat bagaimana prinsip ini memandang hak asasi manusia dalam isu krisis kemanusiaan seperti pengungsi lintas batas dan pencari suaka. Makalah ini bertujuan untuk menjelaskan bagaimana karakter kemaritiman yang diambil Indonesia berpengaruh terhadap cara Indonesia menyikapi pengungsi lintas batas yang melakukan perjalanan dengan penyelundupan manusia. Makalah ini dibatasi lebih lanjut kepada bentuk kerjasama internasional untuk menangani penyelundupalajan manusia yang diinisiasi oleh atau melibatkan Indonesia. Dari sini kemudian ditarik kesimpulan mengenai hambatan pemenuhan hak pengungsi lintas batas dalam sistem internasional yang berdasarkan kedaulatan negara-bangsa.Kata-kata kunci: negara maritim, penyelundupan manusia, hak-hak pengungsi lintas batas, pencari suaka. AbstractThis paper discusses the policy of Indonesia as a maritime country in addressing the issue of irregular migration, especially that impact on asylum seekers and refugees. The issue of irregular migration is still faced by maritime nations that have open access in the form of sea which became the main route of migrant journey to the destination country. As a country located in the world's major shipping lanes, in the middle of the continent of Australia and Asia, Indonesia is often faced with this problem given that Indonesia is a transit country of refugees and asylum seekers mostly from the Middle East and South Asia. According to data from UNHCR, there are currently about 13 thousand refugees and asylum seekers in Indonesia, and this number increased from previous years. Indonesia as a maritime country has a principle that Indonesia is an archipelago while maritime is part of its defense and security unit (Zen, 2000, cited from Geomagz, 2016). However it is important to further see how this principle oversees the issue of human rights in humanitarian crises such as refugees and asylum seekers.This paper aims to explain how the maritime character of Indonesia affects its ways to address refugee travel with people smuggling. This paper is further limited to the forms of international cooperation to tackle human smuggling initiated by or involving Indonesia. The obstacles to meet the refugee rights in the international system that is based on the sovereignty of the nation-state is then concluded.


2020 ◽  
Vol 5 (3) ◽  
pp. 138-149
Author(s):  
Camille Gardesse ◽  
Christine Lelevrier

Since 2015, policies for resettling asylum seekers and refugees in European cities have renewed the debate over the governance of migration, while not only metropolises but also small towns and mid-sized cities emerge as, although not new, at least specific arrival spaces. National dispersion policies are assigning these asylum seekers and refugees to small and mid-sized cities that are presumed to provide housing opportunities. However, little is known about access to housing and residential trajectories in these specific urban and socio-economic contexts. This article analyses how the housing providers—either state agencies, managers of temporary accommodation centres or social housing organisations—are adjusting to the arrival and needs of asylum seekers and refugees in cities where there is usually less ethnic diversity. We demonstrate that access to housing and residential trajectories tends to be determined by dispersion and mainstream social mix policies, from national to local arrangements. However, we argue that some pragmatic local practices have reframed this pattern to provide housing solutions that may be contrary to national policies. Our article will be based on 84 in-depth interviews conducted with housing providers, NGOs and with asylum seekers and refugees in three small and mid-sized French cities.


Author(s):  
Kimberley Anderson ◽  
Elisa van Ee

The physical and psychological repercussions of conflict-related sexual violence (CRSV) against women are long-lasting and far-reaching, and it is by no accident that CRSV is now widely referred to as a “weapon of war.” Many women conceive a child as a result of CRSV, but due to long-standing customs and traditions in some conservative societies surrounding gender roles and sexuality, these mothers and children are highly stigmatized. Often in these situations, fleeing is the only option for them. Countries such as the Netherlands that host asylum seekers and refugees and provide psychological support are faced with the challenging task of addressing the intricate needs of mothers and children born of sexual violence. This chapter discusses the victimhood of these dyads, the challenges they face, and future directions for providing optimal care and treatment.


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