scholarly journals Women and the 1951 Refugee Convention: Fifty Years of Seeking Visibility

Refuge ◽  
2001 ◽  
pp. 25-35 ◽  
Author(s):  
Nahla Valji

The refugee regime, built on the 1951 Convention relating to the Status of Refugees, has long excluded women from the international right to protection from persecution. The gender-blind parameters of the Convention have been exacerbated by the same qualities in the international legal system of which it is a part; state practices toward asylum-seekers; and the dichotomous construction of the refugee regime as a whole, which has produced and reproduced victimizing identities of refugee women. Advances today, such as the adoption of gender guidelines in a number of states, have been more symbolic in effect than transforming. New policy paths need to be evaluated to ensure that the next half-century of refugee protection does not duplicate the inequalities of the past.

Race & Class ◽  
2018 ◽  
Vol 60 (2) ◽  
pp. 40-62 ◽  
Author(s):  
Tazreena Sajjad

Through a critical examination of European immigration policy and using the case of Afghan asylum seekers in the European continent, this article argues that the politics of labelling and the criminalisation and securitisation of migration undermine the protection framework for the globally displaced. However, the issue goes deeper than state politicking to circumvent responsibilities under international law. The construction of migrants as victims at best, and as cultural and security threats at worst, particularly in the case of Muslim refugees, not only assists in their dehumanisation, it also legitimises actions taken against them through the perpetuation of a particular discourse on the European Self and the non-European Other. At one level, such a dynamic underscores the long-standing struggle of Europe to articulate its identity within the economic, demographic and cultural anxieties produced by the dynamics of globalisation. At another, these existing constructions, which hierarchise ‘worthiness’, are limited in their reflection of the complex realities that force people to seek refuge. Simultaneously, the labels, and the discourse of which they are part, make it possible for Europe to deny asylum claims and expedite deportations while being globally accepted as a human rights champion. This process also makes it possible for Europe to categorise turbulent contexts such as Afghanistan as a ‘safe country’, even at a time when the global refugee protection regime demands creative expansion. Ultimately, the politics of European migration policy illustrates the evolution of European Orientalist discourse – utilised in the past to legitimise colonisation and domination, now used to legitimise incarceration and deportation.


Author(s):  
Molly Joeck

Abstract This article examines the state of Canadian refugee law since the decision of the Supreme Court in Febles v Canada (Citizenship and Immigration) [2014] 3 SCR 431. Drawing upon an analysis of a set of decisions of the Immigration and Refugee Board, the administrative tribunal tasked with refugee status determination in Canada, the article seeks to determine whether administrative decision makers are heeding the guidance of Febles when excluding asylum seekers from refugee protection on the basis of serious criminality pursuant to article 1F(b) of the 1951 Convention relating to the Status of Refugees. In doing so, it examines the controversy around article 1F(b) since its inception across various jurisdictions and amongst academic commentators, situating Febles within that controversy in order to demonstrate that the Supreme Court’s reluctance to clearly set out the purpose underlying article 1F(b) is in step with a longstanding tendency to understand the provision as serving a gatekeeping function, that prevents criminalized non-citizens from obtaining membership in our society. It argues that by omitting to set out a clear and principled standard by which asylum seekers can be excluded from refugee protection pursuant to article 1F(b), the Supreme Court failed to live up to a thick understanding of the rule of law. It concludes by calling for a reassertion of the rule of law into exclusion decision making, both nationally and internationally, in order to ensure that the legitimacy of the international refugee law regime is maintained.


2020 ◽  
Vol 63 (3) ◽  
pp. 660-682
Author(s):  
Katherine Luongo

Abstract:Over the last two decades, witchcraft violence has emerged steadily as a “push factor” for African asylum seekers who argue that being accused of witchcraft or targeted with witchcraft renders them members of a “particular social group” (PSG), subject to persecution and eligible for refugee protection under the 1951 UN Refugee Convention. This article examines the refugee status determination (RSD) processes through which immigration regimes in Canada and Australia have adjudicated allegations about witchcraft violence made by asylum seekers from across Anglophone Africa. It critiques the utility of expanding PSG along cultural lines without a commensurate expansion in adjudicators’ knowledge.


Author(s):  
Valentina Vadi

The dialectic between continuity and change lies at the heart of international law, which seeks to foster peaceful, just, and prosperous relations among nations. International law endeavors to govern the future by applying, in the present, norms that are inherited from the past. Nonetheless, everything flows and in an ever-changing world, some change is needed within the international legal system to ensure its stability especially in time of crisis. Not only can crises constitute means for the development of international law, but they can test, undermine or ultimately buttress the structure of international law. This article explores the connection between crisis, continuity, and change in international investment law and arbitration. It seeks to answer the following question: can international investment law successfully address the challenges posed by the coronavirus crisis? Or will the pandemic change the field of international investment law as we know it? After briefly discussing a range of procedural matters, the article focuses on substantive aspects, namely, the kinds of claims that can be filed, the kind of defences that can be raised, and how arbitral tribunals can adjudicate such matters. In this way, the article ultimately concludes that both continuity and change are necessary for ensuring the health and wealth of nations and justice among them.


Fisheries ◽  
2020 ◽  
Vol 2020 (3) ◽  
pp. 71-75
Author(s):  
Sergey Podushka

The Azov beluga Huso huso maeoticus has the status of a subspecies. This is one of the most threatened and problematic species of the Russian ichthyofauna. Despite the measures taken to protect this subspecies, the situation has only worsened over the past half-century. Some authors already consider the Azov Beluga to be extinct. Brood stock of the beluga raised at the Don Sturgeon Plant, where the first females began to mature in 2018, lets us hope for the possibility of saving the Azov subspecies. Presumably the herd consists of both Azov and Caspian belugas, as well as hybrids between them. The issue of their identification is being discussed. A plan to preserve a clean line of the Azov Beluga is proposed.


2021 ◽  
pp. 222-250
Author(s):  
Stuart Banner

This chapter examines the status of natural law in the legal system over the past century. In law schools, natural law never ceased to be a topic of study. This academic interest in natural law has had almost no effect on the working legal system, where natural law has been relied upon by only the most idiosyncratic of judges and lawyers. The history of our use of natural law has nevertheless continued to exert influence on the legal system, which still contains doctrines and practices that were once based on the law of nature.


2014 ◽  
Vol 11 (1) ◽  
pp. 114-171 ◽  
Author(s):  
Alexander Orakhelashvili

Over the past couple of decades, the relative growth of the human-oriented element in the international legal system has been one of the defining characteristics of the process of its evolution. Rules, instruments, practices and institutions for protecting individuals in peacetime as well as during times of war keep multiplying and becoming more imperative. How does the law respond to underlying the dilemmas this presents: through developing a system of effective remedies, or by admitting and tolerating substantial gaps in accountability? The present contribution covers the law of the responsibility of international organizations and the multiple grounds of attribution under it, mainly focusing on the International Law Commission’s Draft Articles on the Responsibility of International Organizations and their applicability in practice. It also focuses on the immunities of international organizations, their sources and scope, and on the relationship between their competing or conflicting standards. There is more inter-dependence between the standards under the law of responsibility and those under the law of immunities than often meets the eye, and such inter-dependence is dictated by the orderly operation of both these branches of international law.


Author(s):  
Lambert Hélène

This chapter focuses on stateless refugees. The 1954 Convention relating to the Status of Stateless Persons (Stateless Convention) and the 1961 Convention on the Reduction of Statelessness together form the foundation of the international legal framework on statelessness and the protection of stateless persons. As the refugee definition in article 1A(2) of the Refugee Convention makes clear, it has always been assumed that having or not having a nationality is not a determinant element for being recognized as a refugee; in fact UNHCR datasets record stateless refugees as refugees. At the same time, considerations of nationality or lack thereof can have a strong bearing on the assessment of key elements of the refugee definition. For instance, claims for protection from individuals whose nationality was denied or withdrawn or whose nationality is ineffective may be relevant facts in the assessment of persecution or well-founded fear. The chapter therefore considers the extent to which the Refugee Convention protects stateless persons as refugees, scrutinizing all parts of the definition in article 1A(2).


2016 ◽  
Vol 11 (2) ◽  
pp. 33
Author(s):  
Roghieh Ebrahimi ◽  
Hossein Sharifi Tarazkouhi

International law as one of the human sciences which has been formed in the light of governments’ needs for regulation of relations and pertinences is a set of rules which based on the increasing complexity of international life; it has been added to its importance gradually. The international nature of rules in this science leads the main followers of international system namely government to be identified as drafters of aforementioned rules. In this research we will discussed about the status of human thoughts as the smallest subjects of international system and we try to prove this hypothesis that human thoughts had been an essential component in the formation of rules in the international legal system.


2021 ◽  
Vol 29 ((S2)) ◽  
pp. 1-21
Author(s):  
Adwani Adwani ◽  
Rosmawati Rosmawati ◽  
M. Ya’kub Aiyub Kadir

The coast of western Indonesia (Aceh province) has been the entrance for Rohingya refugees since 2012. At the beginning of 2020, the Rohingya refugees continued to arrive, although some of them have been resettled and transferred to the third countries. The Indonesian government rejected a large number of Rohingya refugees because there were no lex specialis in the Indonesian immigration arrangement related to asylum seekers and refugees. Historically, Indonesia was a country with commitment and experiences in dealing with refugees, however to date, Indonesia refused to become a party to the 1951 International Refugee Convention and 1967 Protocol on Refugees. Hence, there is no legal standards of the refugee management in Indonesia, and thus it complicates the management of the incoming Rohingyas. Responding to such issue, the government has issued the Presidential Regulation Number 125 of 2016 concerning the foreign refugee management to provide a temporary legal standard for all forms of refugee protection in Indonesia. However, such regulation has yet to comprehensively settled the management of the Rohingya people in Indonesia, particularly in Aceh province. This paper strongly advocates the Indonesian government to ratify the 1951 International Refugee Convention as to protect and settle the refugee under the non-refoulment principle which is fundamentally referred to humanitarian values.


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