International Norms of Asylum and Burden-Sharing: A Case Study of Bangladesh and the Rohingya Refugee Population

Author(s):  
Srobana Bhattacharya ◽  
Bidisha Biswas

Abstract Seven decades after the adoption of the 1951 United Nations Convention Relating to the Status of Refugees, how strong are the norms that the Convention was expected to institutionalize? We answer this question through the prism of the Rohingya refugee situation in Bangladesh. Using field research data and news analysis, we find that both the state of Bangladesh and the Rohingya refugees are caught up in a challenging situation. Even though Bangladesh has largely cooperated with the UN, upheld the principle of non-refoulement, and provided services to the refugees, the Rohingya continue to live displaced lives. Our article illuminates both the successes and the ongoing challenges that the global refugee regime faces. The Bangladesh-Rohingya case shows us that refugee norms have been widely accepted, but unevenly applied. Collective responsibility-sharing, which is a necessary pillar of an effective global refugee regime, is lacking. We conclude that international refugee regime is marked by responsibility-shifting, rather than responsibility-sharing.

Author(s):  
Caroline Fleay

Throughout the past forty years various leaders from both major political parties in Australia have categorized the arrival by boat of people seeking asylum as a “crisis” and the people themselves as “illegal.” This is despite Australia being a signatory to the United Nations Convention Relating to the Status of Refugees, and receiving relatively few people who seek asylum compared with many other countries. Punitive government policies and processes have further reinforced these representations, such that “crisis” and “illegal” can now be understood as both categories of analysis and practice. The repeated use of such categories may be helping to produce and reproduce prejudice and racism and obscure the needs and experiences of people seeking asylum.


2015 ◽  
Vol 11 (2) ◽  
pp. 313-332
Author(s):  
Hrefna Friðriksdóttir ◽  
Hafdís Gísladóttir

In recent years there has been a growing interest in the rights of children in various justice systems. The interpretation of international instruments, such as the United Nations Convention on the Rights of the Child legalized in Iceland as law 19/2013, places a strong emphasis on strengthening the status of the child. The concept of child-friendly justice has emerged reflecting a vision of a justice system that has adapted to the interests and needs of children. A key element is ensuring the right of the child to participate, building on the notion that participation actively promotes their citizenship in a democratic society. The complexity of child protection cases makes it imperative to ensure that children get the assistance they need to communicate and be able to influence procedures. This article discusses the development of provisions in child protection laws on the appointment of spokespersons for children and represents the findings of a study done on such appointments with various child protection committees. The main results of this research indicate that the development of the law has been positive. The enforcement does not however reflect these develpments and there is a lack of formality, assessment and satisfactory argumentation.


2002 ◽  
Vol 55 (3) ◽  
pp. 443-449
Author(s):  
Ahmed El-Rabbany

The United Nations Convention on Law of the Sea (UNCLOS) came into force on November 18, 1994 to provide the legal framework for maritime boundary delimitation. Understanding the geomatics aspects of UNCLOS is vital for coastal nations to claim the ownership of the natural resources within the limits of their Continental Shelf. This paper discusses some of the geomatics aspects of UNCLOS, namely the geodetic and uncertainty issues. A case study for Egypt's outer limits is also presented.


2018 ◽  
Vol 8 (3) ◽  
pp. 101-106
Author(s):  
Shkumbin Munishi Prishtina

Abstract Language relations as manifestations of the phenomenon of multilingualism are also expressed in the area of the so-called linguistic landscape. Undoubtedly, the linguistic landscape not only reflects the use of languages in public space but at the same time reveals the depth of public perception of different languages, depending on their function and prestige. In this paper, I will treat Albanian, English and Serbian rapports through their coverage in the Pristina linguistic landscape, focusing on the use of these languages in advertising space in the city of Prishtina and in other tables that perform semiotic functions of indexes in this city. Likewise, within the reflection of the status planning of languages in Prishtina linguistic landscape, the use of Serbian in the official tables will be treated. This case study will also reflect the features of language policy and the impact of the globalization phenomenon in different languages. The results presented in this paper will reflect on the field research within a certain time span. The research has shown that in the Pristina linguistic landscape, in addition to the Albanian language, English has a dense use, while the use of Serbian is mostly limited to official charts i.e. names of the streets of the city and is not found in private advertisements tables.


Author(s):  
Khalid Koser

Asylum-seekers are those who have applied for international protection. Asylum status is still governed by the 1951 United Nations Convention relating to the Status of Refugees. ‘Refugees and asylum-seekers’ explains the changing geography of refugees and the causes and consequences of refugee movements. Refugees tend not to travel very far, putting strain on the poorest countries, and mostly settle in camps, which suffer from aid misappropriation. There are three durable solutions for refugees: voluntary repatriation, local integration, and third-country settlement. Each can be problematic and none is working well at the moment, as demonstrated by rising numbers of refugees, the increasing proportion of protracted refugee situations, and fewer returns.


Societies ◽  
2019 ◽  
Vol 9 (2) ◽  
pp. 44
Author(s):  
Lyusyena Kirakosyan

This article examines the discourses about Sport for All (SFA) and their evolution over the past four decades in Brazil and analyzes the implications of those discourses for social inclusion of Brazilians with impairments in sport and leisure. It provides an overview of four political milestones in the development of sport participation in Brazil: the launch of the SFA program under the military dictatorship; the adoption of the 1988 Constitution; the ratification of the United Nations Convention on the Rights of Persons with Disabilities; and the Rio 2016 Paralympics. Foucault’s archaeological-genealogical approach has been used to explain how the principle of social inclusion has been practised and enacted through the SFA discourses in Brazil and to discuss the implications of sport and leisure policies for the population with impairments.


2015 ◽  
pp. 1521-1545
Author(s):  
Danilo Piaggesi ◽  
Walter Castelnovo ◽  
Linamara Rizzo Battistella

In this chapter, the authors discuss a Knowledge Economy-based approach to the inclusion of Persons with Disabilities (PwD). The approach, different from the traditional assistance model, considers PwD as active and valuable members of the present Knowledge Society, to be included in the active workforce. This is discussed with reference to a specific operational case study concerning the establishment of the Center of Excellence for Technology and Innovation in Favor of Persons with Disabilities (CETI-D) conceived by Fondazione Rosselli Americas and being implemented by the State of Sao Paulo in Brazil. At the beginning of the chapter, the authors discuss the problem of the inclusion of PwD as a further aspect of the digital divide phenomenon. Then, the principles of the United Nations Convention on the Rights of Persons with Disabilities are presented—some international best practices concerning the social inclusion of PwD are also introduced. Later, the authors discuss the CETI-D initiative, with the aim of showing how ICT can represent a powerful tool for social and economic inclusion. Finally, the authors discuss the conditions under which the experience of the CETI-D can be replicated in other countries, with a specific focus on less developed countries.


Author(s):  
Talitha Ramphal

Abstract Activities to tackle marine debris are conducted on the high seas by The Ocean Cleanup. The high seas are open to all States and may be used as long this is consistent with the United Nations Convention on the Law of the Sea (LOSC) and other rules of international law. This article argues that the LOSC provides for the freedom to use the high seas to protect and preserve the marine environment, including tackling marine debris, when interpreting Article 87 of the LOSC in light of present day needs.


2021 ◽  
Author(s):  
◽  
Danika Grandkoski

<p>An analysis of Australia’s level of compliance with the United Nations Convention Relating to the Status of Refugees (the Convention) according to theories of compliance, suggests that no single compliance theory can adequately explain both instances of violation and instances of compliance. Much of Australia’s violation of the Convention, and subsequently other international human rights treaties, stems from more recent legislative changes though Australia’s offshore processing initiatives. Collectively theories of compliance are useful for identifying the driving factors which govern Australia’s handling of international obligations under the Convention. Liberal compliance theory indicates civil society and non-state actors are the most influential drivers ensuring the state is held accountable for upholding its obligations and responsibilities. Constructivist compliance theory suggests the greatest pull towards non-compliance is Australia’s notion of national identity which has influenced discriminatory policies throughout its history. National identity remains an influential driver as evidenced by current politicisation of discussion surrounding refugees and asylum seekers in Australia and subsequent legislative agendas.</p>


2021 ◽  
Author(s):  
◽  
Danika Grandkoski

<p>An analysis of Australia’s level of compliance with the United Nations Convention Relating to the Status of Refugees (the Convention) according to theories of compliance, suggests that no single compliance theory can adequately explain both instances of violation and instances of compliance. Much of Australia’s violation of the Convention, and subsequently other international human rights treaties, stems from more recent legislative changes though Australia’s offshore processing initiatives. Collectively theories of compliance are useful for identifying the driving factors which govern Australia’s handling of international obligations under the Convention. Liberal compliance theory indicates civil society and non-state actors are the most influential drivers ensuring the state is held accountable for upholding its obligations and responsibilities. Constructivist compliance theory suggests the greatest pull towards non-compliance is Australia’s notion of national identity which has influenced discriminatory policies throughout its history. National identity remains an influential driver as evidenced by current politicisation of discussion surrounding refugees and asylum seekers in Australia and subsequent legislative agendas.</p>


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