10 Non-Refoulement through Time: the Case for a Derogation Clause to the Refugee Convention in Mass Influx Emergencies

Author(s):  
Jean-Francois Durieux ◽  
Jane Mcadam
2016 ◽  
Vol 18 (3-4) ◽  
pp. 278-316
Author(s):  
Meltem Ineli-Ciger

Temporary protection has long been a state response to mass influx situations offering persons seeking refuge immediate protection from refoulement and basic minimum treatment. Today, temporary protection is still relevant: Since 2011, Syrians in Turkey have been protected under a temporary protection regime. Despite this relevance, there is no structured legal framework regulating temporary protection at an international level. Furthermore, conformity of temporary protection regimes with the Refugee Convention, international law and human rights is largely undefined and unsettled. This article takes a step towards clarifying the relationship between temporary protection and international law by discussing whether states can implement a temporary protection regime which does not undermine the Refugee Convention, deprive temporarily protected persons of their basic human rights and lead to premature forced return of the protected persons. Building on the premise that such a temporary protection regime would be in line with international law, this article provides guidance to states on how they should regulate rights and entitlements of the temporarily protected persons, maximum time limit of protection and withdrawal of temporary protection.


2014 ◽  
Vol 12 (1) ◽  
pp. 91-101
Author(s):  
Brian Moore ◽  
Joris van Wijk

Case studies in the Netherlands and the UK of asylum applicants excluded or under consideration of exclusion pursuant to Article 1Fa of the Refugee Convention reveal that some applicants falsely implicated themselves in serious crimes or behaviours in order to enhance their refugee claim. This may have serious consequences for the excluded persons themselves, as well as for national governments dealing with them. For this reason we suggest immigration authorities could consider forewarning asylum applicants i.e. before their interview, about the existence, purpose and possible consequences of exclusion on the basis of Article 1F.


Author(s):  
Fatih Resul Kılınç ◽  
Şule Toktaş

This article addresses the international movement of asylum seekers and refugees, particularly Syrian immigrants, and their impact on populism in Turkish politics between 2011 and 2018. The article argues that populist politics/rhetoric directed against Syrians in Turkey remained limited during this period, especially from a comparative perspective. At a time when rising Islamophobia, extreme nationalism, and anti-immigrant sentiments led to rise of right-wing populism in Europe, populist platforms exploiting specifically migrants, asylum seekers, and the Syrians in Turkey failed to achieve a similar effect. The chapter identifies two reasons for this puzzling development even as the outbreak of the Syrian civil war triggered a mass influx of asylum seekers and irregular immigrants into Turkey. First, the article focuses on Turkey’s refugee deal with the EU in response to “Europe’s refugee crisis,” through which Turkey has extracted political and economic leverage. Next, the article sheds light on Turkey’s foreign policy making instruments that evolved around using the refugee situation as an instrument of soft power pursuant to its foreign policy identity. The article concludes with a discussion of the rise of anti-Syrian sentiments by 2019.


2013 ◽  
Vol 20 (2) ◽  
pp. 233-262 ◽  
Author(s):  
Dallal Stevens

Protection is arguably the raison-d’être of refugee policy. Yet, surprisingly, the meaning of protection is not without ambiguity. ‘Domestic protection’ can be distinguished from ‘international protection’; the sense attributed to protection within the 1951 Refugee Convention contrasts with that of the 1950 United Nations High Commissioner for Refugees (UNHCR) Statute. Equally, how the state interprets its protective obligations departs frequently from the practice of humanitarian organisations. Alongside such differences, there has been a proliferation of protection concepts in recent years which, far from improving understanding, have added unnecessary confusion and undermined the fundamental purpose of protection. This article considers the language of ‘protection’ within the refugee field and argues that protection proliferation must now be addressed and reversed.


2021 ◽  
Vol 59 (3) ◽  
pp. 245-247
Author(s):  
Metin Çorabatır ◽  
Hale Özen
Keyword(s):  

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