scholarly journals Considering Local Integration for Refugees in Indonesia

2021 ◽  
Vol 9 (2) ◽  
pp. 153-164
Author(s):  
Yessi Olivia ◽  
Yusnarida Eka Nizmi ◽  
Ahmad Jamaan ◽  
Irwan Iskandar ◽  
Mohammad Saeri ◽  
...  

This study discusses refugees who have been stranded in a transit country for years. These protracted refugees have to deal with a reality that the chance of getting resettlement in a third country has become slim, and the option of returning to their country of origin will only jeopardize their lives. Indonesia is not a state party to the 1951 Refugee Convention that lays a responsibility to assimilate refugees in the resettlement countries. Indonesia, however, has opened its door for refugees based on humanity’s solidarity and the fact that Indonesia’s legal framework on human rights acknowledges the right to seek asylum in other countries and abides by the non-refoulement principle. The situation has become problematic when the number of refugees coming to Indonesia has continued to increase, but Indonesia does not have a comprehensive refugee policy to support them. By looking at the case of refugees living in Pekanbaru, this study concludes that Indonesia should consider the local integration option as one of the viable solution to the protracted refugee situations in Indonesia.

Author(s):  
Michael Blake

This chapter introduces the book’s positive account of the right to exclude. It grounds it in the limited and presumptive right to be free from being charged with the defense of another’s basic rights—when those rights are adequately protected in her country of origin. The chapter provides an argument for this jurisdictional ground, while showing that it is consonant with both the structure of international human rights law and consistent with the nature of states as political entities. This ground, moreover, is shown to be incapable of defending the sorts of exclusion found in political practice—which opens up the possibility of using that ground to criticize existing practices. The chapter ends by considering three forms of objection—the objections from expulsion, from reproduction, and from liberty—and shows how the jurisdictional method defended can overcome these concerns.


Societies ◽  
2019 ◽  
Vol 9 (2) ◽  
pp. 33 ◽  
Author(s):  
Smith-Khan ◽  
Crock

The Convention on the Rights of Persons with Disabilities (CRPD) creates duties for States Parties and UN agencies to ensure that individuals under their protection have equal enjoyment of the full range of human rights. This includes the Article 25 right to enjoy ‘the highest attainable standard of health without discrimination on the basis of disability.’ However, refugees, who are forced to seek protection outside their state, face particular obstacles to maintaining an adequate level of wellbeing and accessing services to meet their health needs. Among this group, those who have a disability may confront multiple intersecting challenges. This paper draws on the findings of research across countries that play host to significant refugee populations. It explores the contribution of the CRPD to the international human rights framework for refugees, with particular attention to the right to health. Incorporating evidence from the field, it discusses the implementation of these rights and related duties in humanitarian responses across the world. This article discusses common barriers to health services for refugees with disabilities in six host countries. Based on the broad conceptualization of health and wellbeing established in the international legal framework, it also examines the relationship between the fulfilment of Article 25 and other basic socioeconomic rights. It provides examples of good practice and identifies strategies to better ensure the rights set out in Article 25 of the CRPD.


2019 ◽  
Vol 13 (1) ◽  
pp. 53-58
Author(s):  
Amanda McSorley

Article 5 of the Human Rights Act, 1998 states that: ‘Everyone has the right to liberty and security of person. No-one shall be deprived of his or her liberty unless in accordance with a procedure prescribed in law.’ However, there are occasions when it is necessary and appropriate to deprive a person of their liberty in order to keep them safe from harm. Deprivation of Liberty Safeguards are the legal framework introduced in 2009 to ensure that this occurs only when absolutely necessary and no alternative, less restrictive measures can be utilised to ensure safe care. This article outlines the key points relating to DOLS, considering how they relate to GPs during their training and careers.


2021 ◽  
Author(s):  
◽  
Bruce Thomas

<p>Some customs agencies are implementing electronic single window systems. These single window systems enable an importer or exporter to digitally transmit their transaction information to the customs administration. The single window system shares relevant information with other government agencies involved in the import or export process. It relieves the importer or exporter of the need to lodge transaction information separately with each government agency.  An international single window system is the interconnection of two or more national single window systems. It enables the exporter’s transaction information to be re-used in import processing, thereby reducing the amount of information required from importers. For states that already have customs intelligence-sharing agreements, a single window system could be used to exchange intelligence information about the import and export transactions processed by the system. Intelligence-sharing agreements can and should include transparent protection for human rights. The human rights relevant to this legal framework are access to justice, freedom from arbitrary search and seizure, freedom from torture and the right to privacy. The right to privacy is the human right most affected by intelligence-sharing. This thesis proposes a legal framework to enable intelligence to be shared through a single window system with transparent terms for managing human rights. This thesis suggests that public confidence would be improved by showing how privacy and other human rights are treated in the rules for customs intelligence-sharing using the system proposed here.</p>


2019 ◽  
Vol 4 (2) ◽  
pp. 496-510
Author(s):  
Maria Aparecida Vieira de Melo

RESUMO: O presente artigo visa expor reflexões acerca da educação inclusiva nas escolas do campo, ainda é um dos temas na educação do campo pouco discutido, daí a importância de um aprofundamento acerca desta temática. A intenção neste trabalho é discutir a inclusão nas escolas do campo de crianças acometidas por deficiências de qualquer natureza. E mais especificamente dialogar com os autores com que vem tendo esta preocupação contribuindo para que uma atenção especial seja oferecida as crianças deficientes da comunidade rural, em particular do Sítio Luz – Canhotinho-PE, identificar na legislação vigente as especificidades que tratam da inclusão nos espaços educativos e, por fim perceber a importância de fazer valer os direitos humanos das pessoas com deficiência em ocuparem as carteiras escolares das escolas de sua comunidade rural. O problema que norteia esta discussão é: a educação em direitos humanos promove a educação inclusiva nas escolas do campo? Metodologicamente este trabalho desenvolve-se a partir de uma revisão de literatura, a luz de autores que defendem os direitos humanos, o marco legal da educação inclusiva e a especificidade da educação do campo. Diante do exposto, percebe-se que a legislação contribui com a discussão do direito a inclusão nos processos educativos, mas não são evidentes especificamente nas escolas do campo, de tal forma os educadores também não estão preparados para intervir pedagogicamente às pessoas que precisam do atendimento especializado no sistema regular de ensino.   PALAVRAS-CHAVE: Direitos Humanos, atendimento especializado, marco legal.   ABSTRACT: This article aims to expose reflections on inclusive education in schools in the field, it is still one of the subjects in the education of little discussed field, hence the importance of deepening about this topic. The intent of this paper is to discuss the inclusion in the kids camp schools affected by disabilities of any kind. And more specifically dialogue with the authors that has had this concern contributing to that special attention be offered disabled children of the rural community, particularly the Light Site - Canhotinho-PE to identify the current legislation the specifics that deal with the inclusion in spaces educational and finally realize the importance of enforcing the human rights of persons with disabilities occupy the desks of the schools in their rural community. The problem that guides this discussion is: a human rights education promotes inclusive education in schools in the field? Methodologically this work develops from a literature review, the light of authors who defend human rights, the legal framework of inclusive education and the specificity of rural education. Given the above, we can see that the law contributes to the discussion of the right to inclusion in the educational processes, but are not evident especially in schools of the field, so educators are also not prepared to intervene pedagogically people in need of care specializes in the regular school system.   KEYWORDS: Human Rights, specialized care, legal framework.


Author(s):  
Avitus A Agbor

Undoubtedly, global and regional human rights instruments clearly entrench the right to an effective remedy for a human rights violation. The substantive nature of the right to an effective remedy makes it relevant to the realisation of the right to equality as well as the right to equal protection under the law. Cameroon, as a State Party to most of these human rights instruments, is bound to adopt measures aimed at giving effect to the rights contained therein. One of such steps, in my opinion, is the enactment of domestic legislation that defines the content of these rights; stipulates the forums where remedies for human violations could be pursued; specifies what kinds of remedies a victim of a human rights violation would get at the end; and lastly, defines who can access such forums. Unfortunately, the lack of domestic legislation that meets these requirements means the right to an effective remedy for a human rights violation in Cameroon cannot be realised. It is argued in this paper that the critical nature of the right to a remedy, given its bearing on other substantive human rights as well as the protection and promotion of human rights, warrants progressive efforts undertaken by the State in order to give effect to this right. Therefore, the sheer lack of a legislative instrument in this regard makes it very difficult for the pursuit of a right to a remedy when there is a violation of human rights. As evidenced by legislative developments in numerous African States that are States Parties to these international instruments, there is growing consensus that the enactment of domestic legislation that answers the questions of content; forums; outcomes and access is a positive and vital step towards the realisation of the right to an effective remedy for a human rights violation.     


2021 ◽  
Vol 2 (4) ◽  
pp. 505-514
Author(s):  
Natalia Sihotang ◽  
Channarong Wiriya

Trafficking in human beings is increasingly due to the greatest gain of the perpetrators. Human trafficking is a global humanitarian problem. With the involvement of many countries, both as a country of origin, destination and transit country, making this problem more complex. The complexity of the problems is increasing as the neighbors and organized transnational crime networks are organized. Thailand is one of the transit countries, sources, and destinations for international human trafficking. These conditions led to the Government of Thailand began to realize the urgency of the dangers of human trafficking. This problem is increasingly complex because human trafficking is related to child and female prostitution.


2015 ◽  
Vol 12 (1-2) ◽  
pp. 21-31
Author(s):  
Árpád Kiss

Hungary lies in the route of the stream of refugees coming from the Balkan. It is a transit country, so the refugees do not typically intend to stay here, they rather wish to travel torwards to West- and North Europe. Particular sections of Hungary's border also mean the external borders of the European Union, the area of freedom, security and justice, which has a common asylum system. Significant part of illegal immigrants presents asylum claim only to avoid the aliens procedures. From the 1st of January 2013, the legislature terminated the aliens detention against asylum applicants. From 1st of July 2013 the Hungarian legislature reintroduced the possibility of detention of applicants. The new regulation has been placed in Act LXXX of 2007 on the Right of Asylum, Sections 31/A-31/H by Act XCIII of 2013 on the Amendment of Particular Laws Concerning Law Enforcement. The introduction of asylum-seeker detention and the practice of its application have raised dust. In my essay I am introducing the connections between the reasons of ordering asylum-seeker detention in the Act on Asylum and its backgroud in the EU Directive. I am not dealing with the question of compatibility of asylum detention and human rights and with problematic procedural issues, because I consider it more important to review the substantive conditions of asylum-seeker detention and the certain practical questions of its application therefore I am focusing on this segment of jurisdiction.


2021 ◽  
Vol 10 (4) ◽  
pp. 281
Author(s):  
Andrejs Gvozdevičs

Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms provides for the right of everyone to a fair and public hearing by an independent and impartial tribunal established by law. An important guarantee, such as the enforcement of a court judgment, is also enshrined in human rights theory and practice, as unenforced judgments pose a threat to legal stability, which is one of the fundamental basis for the sustainable development of society. The institute of law of the securing a claim serves in cases where execution of the future judgment may be impossible or made substantially more difficult. The aim of the research is to study the legal framework, which determines the regulations of the securing a claim in Latvia in order to make proposals for enhancement of the legal framework. The research deployed descriptive, analytical and deductive-inductive methods as well as the methods of interpretation of legal norms. Using these methods, legal acts, views of legal scientists and case law were reviewed and analyzed, and subsequently conclusions and recommendations were made. Analyzing the development of the securing a claim it can be admitted that this institute of law in Latvia has problems as the application of the securing a claim in court practice within the framework of limited adversarial and dispositivity principles, as well as shortcomings in the theoretical foundations of the securing a claim which are based on the findings of legal scientists of the last century. As a result of the research, the author drew the conclusions, that Latvia does not make sufficient use of the long-standing successful procedural solutions for securing a claim in others states, such as court mortgages, bank guarantee or mortgage of the plaintiff to secure the defendant's losses, defendant's protection letter to protect against unjustified securing a claim, a possibility to secure a claims which are not financial in nature and many more that can make legal regulation of the securing a claim more modern and effective.


2021 ◽  
Vol 24 (1) ◽  
pp. 29-45
Author(s):  
Alvine Longla Boma

Civil Society organisations play key roles in African countries. This is not an exception in the Cameroonian dispensation. Indeed, the existence and operation of civil societies in this jurisdiction is legitimated by a 1990 law allowing the free formation of associations. Even though the state has the primary obligation to promote and protect human rights, there also exists a plethora of associations with the same interest. This paper is motivated by the state’s wanton failure in ensuring the enjoyment and fulfilment of the right. For one thing, the state has maintained a stronghold on the Civil Society through legislation which gives public authorities a leverage over human rights defenders. Moreover, an analysis of existing legal and institutional frameworks available to allow human rights non-governmental organisations thrive, leaves much to be desired. Findings reveal that though there are adequate laws and institutions which ensure the creation and functioning of Civil Society organisations in Cameroon, there are also contradictory laws which give the public authority an edge over these organisations and allow them to sanction the activities of some human rights defenders under the guise of maintaining public order. We argue that there should be adequate protection offered to human rights defenders as well as the relaxation of laws permitting public authorities to illegally sanction the activities of relevant non-governmental organisations.


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