UNPACKING TEMPORARY PROTECTION OF REFUGEES: FAILURE OF DURABLE SOLUTIONS AND UNCERTAINTIES

AbstractThe rule of temporary refuge forms the cornerstone of the response of States to large-scale influx of refugees. In the context of civilians fleeing armed conflict, this legal rule imposes a positive obligation onallStates to admit and not to return anyone to a situation where there is a risk to life, and to provide basic rights commensurate with human dignity. Also implicit in the rule is the expectation of shared responsibility for large numbers of refugees and of international cooperation towards finding durable solutions. This article examines the customary international law of temporary refuge (also known as temporary protection) in relation to the Syrian conflict. It discusses implementation of the rule in the practice of three countries neighbouring Syria, and in the EU. It finds that the practice of Turkey, Lebanon and Jordan has been consistent with the rule of temporary refuge. However, the EU has decided not to use the Temporary Protection Directive; instead individual Member States have relied on the Refugee Convention and EU law, combined with various other measures not pertinent to temporary protection. It is concluded that shared responsibility is the linchpin of temporary refuge. Absent this keystone, the rule of temporary refuge is likely to continue to be implemented primarily in a regional context by those countries nearest to the country affected by the conflict, as in the case of Syria.

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A Socio-economic Perspective on the Urbanisation of Zaatari Camp in Jordan

MIGRATION LETTERS ◽

10.33182/ml.v12i3.279 ◽

2015 ◽

Vol 12 (3) ◽

pp. 263-278 ◽

Cited By ~ 7

Author(s):

Ayham Dalal

Keyword(s):

Financial Aid ◽

Humanitarian Aid ◽

Refugee Camps ◽

Economic Perspective ◽

Social Spaces ◽

Economic Dynamics ◽

Self Reliance ◽

Durable Solutions

Camps are temporal spaces where refugees are provided with humanitarian aid until durable solutions are made possible. During this period of ‘endless waiting’, these camps are planned to be economically self-contained. However, through time, refugee camps tend to urbanise: their initial empty spaces transform into vibrant markets, habitats and social spaces. In response to this ‘unexpected’ - and sometimes ‘unwanted’ - process, the economically self-contained system of camps breaks. This paper looks into the emerging socio-economic dynamics in Zaatari camp in Jordan, on the light of its urbanisation process and the Jordanian economy. It first explains the how humanitarian aid is provided, and then shows how and why, refugees use it to diversify the economy of the camp. The findings of this paper are then articulated on the existing policies to reduce the financial aid such as ‘self-reliance’ and ‘development’.

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The 1969 Convention

10.1093/oso/9780198826224.003.0003 ◽

2018 ◽

Author(s):

Marina Sharpe

Keyword(s):

Prima Facie ◽

Refugee Status ◽

Temporary Protection ◽

Key Features

Chapter 3 first addresses the regional refugee definition according to the 1969 Convention , beginning with a description of article I(2)’s international influence and an interpretation of the definition using orthodox methods. The context and object and purpose of the 1969 Convention are discussed, followed by analysis of the ‘every person’ term and each of the 1969 Events and the test for refugee status under article I(2), including a discussion of internal flight alternative, ongoing risk, and sur place claims. Section B then addresses how article I(2) has been invoked in practice. Section B also addresses prima facie refugee status determination. Section C covers further key features of the 1969 Convention: whether it advances an individual right to asylum; non-refoulement; the formalization of responsibility sharing, temporary protection, and voluntary repatriation; and the Convention’s prohibition of subversive activities. Section D concludes.

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Understanding refugee durable solutions by international players: Does dialogue form a missing link?

Cogent Social Sciences ◽

10.1080/23311886.2018.1510724 ◽

2018 ◽

Vol 4 (1) ◽

pp. 1510724

Author(s):

Fred Bidandi ◽

Richard Meissner

Keyword(s):

Missing Link ◽

Durable Solutions

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Geographies of Doing Nothing–Internal Displacement and Practices of Post-Disaster Recovery in Urban Areas of the Kathmandu Valley, Nepal

Social Sciences ◽

10.3390/socsci10030110 ◽

2021 ◽

Vol 10 (3) ◽

pp. 110

Author(s):

Alexandra Titz

Keyword(s):

Urban Areas ◽

Evidence Base ◽

Internal Displacement ◽

Kathmandu Valley ◽

Reconstruction Process ◽

Internally Displaced ◽

Secondary Displacement ◽

Displaced People ◽

Durable Solutions ◽

Post Disaster

Disaster-related internal displacement is on the rise in many countries and is increasingly becoming an urban phenomenon. For many people, as in the case of the earthquake disaster 2015 in Nepal, protracted or multiple disaster displacements are a lived reality. While the drivers of displacement are relatively well understood, significant uncertainties remain regarding the factors that trigger prolonged or secondary displacement and impede ending of displacement or achieving durable solutions. The purpose of this article is to illustrate and theorise the discourse of reconstruction and return that shapes experiences, strategies, and policies in order to gain a better understanding of the obstacles to pursuing durable solutions that are still shaping the reality of life for urban internally displaced people (IDPs) in Kathmandu Valley. I use the concepts of ‘fields of practice’ and ‘disaster justice’ to provide insights into the theorisation of the links between social inequality, structural forms of governance, and the reconstruction process itself. Findings demonstrate that the application of these concepts has great potential to expand our understanding of ‘realities of life’ and practices of IDPs, and thus contribute to a more differentiated evidence base for the development and implementation of appropriate disaster risk reduction policies and practices.

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Humanitarian crisis and sustainable development: perspectives and preferences of internally displaced persons in the northeastern Nigeria

Journal of International Humanitarian Action ◽

10.1186/s41018-020-00084-2 ◽

2020 ◽

Vol 5 (1) ◽

Author(s):

Muazu Shehu ◽

Adamu Abba

Keyword(s):

Sustainable Development ◽

Qualitative Interviews ◽

Internally Displaced ◽

Emergency Situations ◽

Development Agenda ◽

Conflict Situations ◽

Durable Solutions ◽

Local Integration ◽

The Government ◽

Major Factors

AbstractThis study seeks to contribute to the knowledge of linkages between humanitarian actions in conflict situations and sustainable development. We analysed data generated from qualitative interviews and focus group discussions with encamped and self-settled internally displaced victims (IDPs) of the Boko Haram insurgency in the northeastern Nigeria. Our analysis searched for themes that summarise their preferences and desires of durable solutions. Overall, the majority of the IDPs were more inclined to local integration or resettlement than return. More than males, female IDPs were likely to cite personal experience of violence as a reason for rejecting voluntary repatriation. Feelings of vulnerability, experience of violence and hope of economic and social empowerment were major reasons given in support of local integration or resettlement. Self-settled IDPs are more disposed to returning to their places of origin than encamped IDPs. The need to rebuild livelihoods and restore social and community networks were the major factors participants associated with the choice of return. Beliefs in divine destiny, lack of trust and confidence in the government were dominant views expressed by participants who were indifferent about durable solutions. There is a sense that cultural androcentric norms which give men the power to make decisions for the family shape decision-making even in emergency situations. We conclude that, regardless of their preferences about durable solutions, IDPs have long-term needs that can only be provided if humanitarian actions are integrated into the overall development agenda and programmes of governments.

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Environmental Displacement in European Asylum Law

European Journal of Migration and Law ◽

10.1163/157181609789804321 ◽

2009 ◽

Vol 11 (4) ◽

pp. 313-326 ◽

Cited By ~ 10

Author(s):

Finn Myrstad ◽

Vikram Kolmannskog

Keyword(s):

Human Rights ◽

Work Force ◽

Displaced Persons ◽

Temporary Protection ◽

European Court ◽

Asylum Law ◽

The Individual ◽

International Border ◽

The Eu ◽

Environmental Displacement

AbstractEnvironmentally displaced persons can be included in several existing categories of protected persons under international law, but there may be a normative protection gap for many of those who cross an international border. This article looks at protection possibilities within the EU framework and national European legislations. Environmental displacement can arguably trigger temporary protection according to the EU Temporary Protection Directive. There may also be environmentally displaced persons who require longer-term or permanent protection. Drawing on the EU Qualification Directive and case-law from the European Court of Human Rights, one can argue that subsidiary protection should be granted in certain cases of extreme natural disaster or degradation. In less extreme cases, humanitarian asylum could be granted. Human rights principles such as non-refoulement could also be used to extend at least basic protection. In addition, legal labour migration could supply a work force, assist distressed countries and enhance protection of the individual. A strategy to meet the challenge of environmental displacement must also include climate change mitigation and external measures such as adaptation. Most of the displaced persons in the world today and in the near future do not arrive at the EU borders.

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