scholarly journals THE RIGHTS OF CHILDREN REFUGEE IN TRANSIT COUNTRY UNDER THE CRC, A CASE OF INDONESIA: AN INTENDED NEGLIGENCE?

2021 ◽  
Vol 5 (1) ◽  
pp. 114-136
Author(s):  
Debby Kristin ◽  
Chloryne Trie Isana Dewi
Keyword(s):  
United Nations ◽  
Geneva Convention ◽  
Middle Eastern ◽  
Refugee Children ◽  
United Nations High Commissioner ◽  
Refugee Child ◽  
Transit Country ◽  
Rights Of The Child ◽  
Basic Rights ◽  
High Commissioner

AbstractCivil wars in Middle Eastern countries and several countries in Africa have resulted in an increased influx of refugees seeking refuge in Indonesia every year. Although Indonesia is not their final destination, they prefer to wait in a transit country rather than experience terror and persecution in their home country., As a non-signatory country to the 1951 Geneva Convention, for humanitarian reasons, Indonesia allows those people who already in the territory of Indonesia to temporary stay until they status are clear. 28% of the refugees registered with the United Nations High Commissioner for Refugees (UNHCR) in Indonesia are under 18 years of age. Being a refugee child in a transit country keeps them away from the threat of war crimes in their country, nonetheless it turns out that there are basic rights that cannot be fully fulfilled. The 1989 Convention on the Rights of the Child (CRC) regulates state obligation to fulfil the rights of the child in any situation without discrimination. Indonesia as a transit country and state party to the CRC facing dilemma in assisting the child refugees. This article will analyse whether Indonesia has responsibility for child refugee in its jurisdiction as regulated in the CRC. By research, Indonesia can be considered fail to conduct its obligation under CRC. Hence Indonesia can be held responsible for its negligence in complying its obligation under the CRC. Nonetheless, there are measures that can be taken by the Indonesian Government through cooperation with international communities as well as corporations to tackle the challenges in implementing the CRC particularly in regards to refugee children. Keywords: Basic Rights, Refugee Children, State Responsibility   AbstrakPerang sipil di negara Timur Tengah dan beberapa negara di Afrika menghasilkan gelombang pengungsi yang mencari perlindungan ke Indonesia meningkat setiap tahunnya. Mereka lebih memilih untuk menunggu di negara transit daripada harus merasakan teror dan persekusi di negara asalnya. Indonesia bukan negara peserta Konvensi Jenewa 1951, namun dengan alasan kemanusiaan menampung untuk sementara para pencari suaka sampai status mereka jelas berdasarkan penilaian UNHCR. Sebesar 28% dari pengungsi yang terdaftar di United Nations High Commissioner for Refugees (UNHCR) Indonesia berumur di bawah 18 tahun. Menjadi anak yang berada di negara transit memang menjauhkan mereka dari ancaman kejahatan perang di negaranya, namun ternyata tidak seluruh hak asasi mereka dapat dipenuhi di negara transit. Konvensi Hak Anak 1989 mengatur kewajiban negara untuk memenuhi hak asasi anak dalam situasi apapun tanpa diskriminasi. Indonesia sebagai negara transit dan juga a peratifikasi Konvensi Hak-hak Anak 1989 (KHA) menghadapi dilema dalam menghadapi anak-anak pencari suaka. Artikel ini akan menganalisa apakah Indonesia melakukan pelanggaran terhadap pemenuhan hak bagi para pengungsi anak sehingga dapat dikenai tanggung jawab negara. Indonesia dapat dikatakan gaal dalam memenuhi kewajibannya berdsarkan KHA sehingga dapat diminta pertanggungjawaban atas kelalalainya. Namun terdapat berbagai upaya yang dapat dilakukan oleh pemerintah Indonesia dengan bekerjasama dengan berbagai Lembaga internasional maupun nasional serta perusahaan untuk mengatasi permasalahan dalam penerapan KHA terutama terkait hak pengungsi anak. Kata Kunci: Hak-Hak Dasar, Pengungsi Anak, Tanggung Jawab Negara

When Perceptions and Aspirations Clash

2021 ◽  
pp. 86-110
Author(s):  
Dawn Chatty
Keyword(s):  
Developing Countries ◽  
Civil Society ◽  
United Nations ◽  
Middle Eastern ◽  
Humanitarian Assistance ◽  
United Nations High Commissioner ◽  
High Commissioner ◽  
The United Nations ◽  
Turkish State

This chapter talks about refugees crossing the borders into neighboring countries, which reveals a discrepancy between the reality on the ground and the standardized approaches taken by humanitarian actors. It cites Turkey as the country where the humanitarian presence was limited, and the Turkish state and civil society took the lead without the support of the United Nations High Commissioner for Refugees (UNHCR) in responding to refugee needs. It also argues that the refugee response in Turkey was provided without undermining refugee agency and dignity. The chapter emphasizes that global templates for humanitarian assistance built from experiences in very different contexts and among populations of significantly different makeup are not easily integrated into Middle Eastern concepts of refuge, hospitality, and charity. It criticizes the architecture of assistance that was built upon templates developed largely among agrarian and poor developing countries.

scholarly journals The Rights of Refugee Children and the UN Convention on the Rights of the Child

Laws ◽  
2019 ◽  
Vol 8 (3) ◽  
pp. 20
Author(s):  
Jeanette A. Lawrence ◽  
Agnes E. Dodds ◽  
Ida Kaplan ◽  
Maria M. Tucci
Keyword(s):  
United Nations ◽  
Children's Rights ◽  
Children’S Rights ◽  
Refugee Children ◽  
Developmental Experiences ◽  
Refugee Child ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
Life Circumstances ◽  
The United Nations

Refugee children are identified as rights-bearers by the United Nations Convention on the Rights of the Child (CRC), but their rights are not uniformly honored in the policies and practices of contemporary states. How the CRC’s safeguards for refugee children’s rights are honored depends partly on what it means to be ‘a refugee child’ and partly on how the claims of refugee children’s rights are recognized, respected, and implemented in international and national legal and bureaucratic systems. We examine the CRC’s affirmation of the rights of the child and analyze the CRC’s articles in relation to the rights related to the life circumstances of refugee children and state responsibilities. Following an analysis of resistance to the CRC’s mandates by contemporary states, we relate refugee children’s rights to their refugee and developmental experiences and argue for repositioning refugee children into the center of protection dialogue and practice, internationally and nationally.

The Office of the United Nations High Commissioner for Human Rights

2018 ◽  
Author(s):  
Gillian MacNaughton ◽  
Mariah McGill
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Right To Health ◽  
Social Rights ◽  
Limited Capacity ◽  
United Nations High Commissioner ◽  
Leading Role ◽  
High Commissioner ◽  
The United Nations ◽  
The Right

For over two decades, the Office of the UN High Commissioner for Human Rights (OHCHR) has taken a leading role in promoting human rights globally by building the capacity of people to claim their rights and governments to fulfill their obligations. This chapter examines the extent to which the right to health has evolved in the work of the OHCHR since 1994, drawing on archival records of OHCHR publications and initiatives, as well as interviews with OHCHR staff and external experts on the right to health. Analyzing this history, the chapter then points to factors that have facilitated or inhibited the mainstreaming of the right to health within the OHCHR, including (1) an increasing acceptance of economic and social rights as real human rights, (2) right-to-health champions among the leadership, (3) limited capacity and resources, and (4) challenges in moving beyond conceptualization to implementation of the right to health.

What Do We Mean by Protection?

2013 ◽  
Vol 20 (2) ◽  
pp. 233-262 ◽  
Author(s):  
Dallal Stevens
Keyword(s):  
United Nations ◽  
The State ◽  
Refugee Policy ◽  
International Protection ◽  
Refugee Convention ◽  
United Nations High Commissioner ◽  
High Commissioner

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.

Mandate or Donors? Explaining the UNHCR’s Country-Level Expenditures from 1967 to 2016

2021 ◽  
pp. 003232172097433
Author(s):  
Svanhildur Thorvaldsdottir ◽  
Ronny Patz ◽  
Klaus H Goetz
Keyword(s):  
United Nations ◽  
International Organizations ◽  
Voluntary Contributions ◽  
United Nations High Commissioner ◽  
Country Level ◽  
High Commissioner ◽  
Donor Influence ◽  
The United Nations ◽  
Major Donors ◽  
Expenditure Allocation

In recent decades, many international organizations have become almost entirely funded by voluntary contributions. Much existing literature suggests that major donors use their funding to refocus international organizations’ attention away from their core mandate and toward serving donors’ geostrategic interests. We investigate this claim in the context of the United Nations High Commissioner for Refugees (UNHCR), examining whether donor influence negatively impacts mandate delivery and leads the organization to direct expenditures more toward recipient countries that are politically, economically, or geographically salient to major donors. Analyzing a new dataset of UNHCR finances (1967–2016), we find that UNHCR served its global mandate with considerable consistency. Applying flexible measures of collective donor influence, so-called “influence-weighted interest scores,” our findings suggest that donor influence matters for the expenditure allocation of the agency, but that mandate-undermining effects of such influence are limited and most pronounced during salient refugee situations within Europe.

The Repatriation and Resettlement of the Southern Sudanese

1972 ◽  
Vol 2 (4) ◽  
pp. 23-26
Author(s):  
Louise W. Holborn
Keyword(s):  
United Nations ◽  
Secretary General ◽  
Displaced Persons ◽  
Refugee Population ◽  
United Nations High Commissioner ◽  
The Past ◽  
Large Numbers ◽  
High Commissioner ◽  
The World ◽  
The United Nations

While the world press has focused over the past year on problems surrounding the creation of still another refugee population in Africa — that of Uganda's Asians — far too little attention has been directed to the remarkable though still fragile process of repatriation and resettlement of hundreds of thousands of Southern Sudanese. This population of displaced persons includes both refugees who fled to other countries and large numbers of homeless who hid in the bush during the civil war that wracked the Sudan for seventeen years, from 1955 through the first months of 1972. Responding to the initiatives of President Gaafar al-Nimeiry of the Sudan, the United Nations High Commissioner for Refugees (HCR), under an explicit mandate from the Secretary- General of the United Nations, has been raising funds, organizing activities on behalf of the most pressing needs and working closely with all local interests to meet overwhelming problems.

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