scholarly journals Offshore Processing of Asylum Seekers – Is Australia Complying With Its International Legal Obligations

2015 ◽  
Vol 15 (1) ◽  
Author(s):  
Lisa Jane Archbold

<em>Australia has a number of international legal obligations in relation to asylum seekers and refugees. In the scheme of things, the number of asylum seekers and refugees who attempt to reach Australia by sea without a valid visa is relatively small. Since 2012, Australia has restored its legal framework of processing asylum seekers and refugees who arrive by sea offshore in Papua New Guinea and Nauru. There are a number of concerns with the treatment of asylum seekers and refugees at these offshore processing centres, highlighting concerns Australia is not complying with its international legal obligations. The primary justification of the current policies has been that a strong deterrent is required to deter the people-smuggling trade. However, the deterrent justification lacks evidence to support it, and is unable to justify breaches of some of the most fundamental obligations owed to refugees and asylum seekers.</em>

2018 ◽  
Author(s):  
Nuno Ferreira

Portugal’s migration history has been extensively explored in academic literature, including in legal scholarship. Yet, very little attention has so far been directed towards Portuguese refugee law. This may be due to the relatively low number of asylum seekers that Portugal receives, but that does not justify neglecting the study of the Portuguese socio-legal framework applicable to asylum seekers and refugees. This short piece summarises the findings of an article that addresses this gap by analyzing the framework in a European context, enhancing the analysis with a case study of lesbian, gay, bisexual, transsexual, and intersex (LGBTI) asylum seekers. The analysis explores the evolution of the current legal framework, the procedures and remedies available to asylum seekers, the substantive standards applied in decision-making, and the broader socio-legal resources offered to asylum seekers. Several shortcomings and possible avenues of improvement are also identified.


2021 ◽  
Vol 1 (1) ◽  
pp. 63-81
Author(s):  
Hench Goh ◽  
James Leong ◽  
Adam Haris Othman ◽  
Yee Ching Kho ◽  
Chung Yin Wong

Asylum is granted to people in search for international protection from persecution or serious harm in their own country. The right to asylum for refugees in Malaysia is far from realization and in dire need of a practical solution. Due to the lack of a proper enactment of Asylum Act, asylum seekers are to deal with denial of basic rights. Asylum seekers are also denied of education and healthcare due to high cost since these are not provided by the government. This article discusses the need for a proper enactment of Asylum Act in Malaysia in relation to the rising numbers of asylum seekers and refugees in the country. In this research, a comparative analysis between Malaysia’s existing laws dealing with asylum and the law of Australia, United Kingdom, Indonesia, and European Union was carried out. It was found that these countries have developed their legal framework for asylum considerably and could legally accommodate the influx of refugees into their respective countries, in contrast to Malaysia’s increasingly poor management of the refugees and asylum-seekers. The study suggests the possibility for the adoption of recommended legal principles from those countries into the proposed Malaysian Asylum Act.


2019 ◽  
Vol 3 (02) ◽  
pp. e2697
Author(s):  
Anna Knappe ◽  
Amir Jan ◽  
Laura Böök

Mohajer (camp-e-forsat) was filmed in Forssa asylum seeker reception center in Finland, together with a recently arrived group of Hazara asylum seekers from Afghanistan. In Mohajer (camp-e-forsat) the people who are labeled as asylum seekers and refugees, redefine themselves with the word mohajer. Mohajer is a loan word from Arabic, and in Persian it means anyone or anything migrating from one place to another.  A camp is a place where mohajers live in a state of waiting. Mohajers are asylum seekers, refugees, and other migrants in precarious situations and their camps are reception centers, detention centers, and temporary shelters. Camps are often located in remote areas, effectively isolating the individuals living in them. They are facilities for storing humans, full of invisible walls, and windows to remind people that the world they can see through them is out of their reach. Cobra: “When someone asks me where I’m from, I say I’m from Afghanistan, but I’ve never been there. Mohajer means not belonging anywhere, not where you are and not where you’re from or your parents are from. My husband says that we’re born mohajers. There is no other name for us. When they ask your name, you should say your name is mohajer. Our umbilical cords are cut with the word mohajer. Even in hospitals, when a new Afghan child is born, they say a new mohajer was born. They don’t say this woman’s child was born, they say one Afghan mohajer was born. Those two words, Afghan and mohajer, are attached together, it’s always Afghan mohajer. Then many who have migrated, try to detach themselves from the word mohajer. But in a new country, you’re still a mohajer.”


Author(s):  
Rachel Tribe ◽  
Angelina Jalonen

This chapter reviews the socio-political environment and legal factors that provide the context and influence the lived experience of many refugees and asylum seekers. These factors are considered in relation to flight, arrival, and settlement in a new country. How these contextual factors may impact upon refugees and asylum seekers, their sense of identity, and mental health will be reviewed. The chapter reflects upon the possible challenges faced by many refugees and asylum seekers, as well as arguing that the strengths, resilience, and coping strategies that many asylum seekers and refugees exhibit need to be adequately considered by clinicians, if a meaningful service is to be provided. The importance of clinicians being culturally curious and listening to service users’ meaning-making is vital. An overview of some other issues that clinicians may need to consider is provided. The chapter contains a number of case studies to illustrate the related issues.


1998 ◽  
Vol 2 (2) ◽  
pp. 107-122
Author(s):  
Christin Kocher-Schmid

AbstractBiodiversity is not exclusively a product of pristine natural processes but is also, to a considerable degree, caused by human activities. This is demonstrated by a detailed inspection of the use and classification of plants by the people of Nokopo village in the Finisterre Range of Papua New Guinea. Nokopo people recognise and value biodiversity on all its levels - genetic diversity, species diversity and diversity of ecosystems - and their activities enhance overall biodiversity. This can be partly explained by the usefulness biodiversity has to them, in terms of resource access and other utilitarian considerations. On the other hand, aesthetic concepts and values make a significant contribution. Both these intrinsically interwoven components - the utilitarian and the aesthetic component respectively - form the base for understanding the major role humans play in creating and maintaining biodiversity, the role of keystone species enhancing overall biodiversity in a given ecosystem.


Author(s):  
Benjamin Saimbel Barcson

The 1995 local-level government reforms undertaken in Papua New Guinea (PNG) were largely in response to increasing concern that the public service was failing in its responsibility towards the people.  As a result, the 1995 Organic Law on Provincial and Local Governments (OLPLLG) was established.  The prime purpose of this was to address this issue through deeper engagement of the lower levels of government, particularly local-level governments (LLGs). Almost two decades on, poor socio-economic conditions and deterioration in infrastructure/services suggest that the proposed change has not materialised.  The purpose of this paper is to address the question of whether the lower tiers of government are capable of implementing the development plans under the reforms.  The paper finds that the 1995 reforms have made LLGs dependent upon their Joint District Planning and Budget Priorities Committee (JDP & BPC) and their district administration, which have become the main impediment to local government effectiveness.  This in turn has greatly hindered LLG capacity and has reinforced unequal relations, rather than assisting service delivery in PNG.  There is therefore a need to make LLGs more effective players.


Author(s):  
Patrick S. Michael

This paper presents a synthesis related to the assessment of climate change and its impacts on productivity of staple crops in Papua New Guinea (PNG), paying close attention to the change in population in the next 80 years. As much as the changes in the climatic and environmental factors will affect agriculture, evidence available in the literature show increase in global and local population will put additional pressure on agriculture by competing with available land and other resources that support agricultural productivity. The developing and underdeveloped countries are considered to be largely vulnerable as more than 85% of the people depend on subsistence agriculture for rural livelihood. This synthesis showed more than 60–85% of the rural people in PNG depend on sweet potato, banana, Colocasia taro, and greater yam. Projection of the population showed there will be 22–31 million people by 2100 and will depend on narrow staple-based subsistence agriculture. The population projected means the density will be 42 people per km2, putting more pressure on limited land available. When that happens, PNG will not be prepared to mitigate, be resilient and adapt because of poor infrastructure, no development plans and lack of post-harvest technologies for loss management of the staples, most of which are root and tuber crops.


Sign in / Sign up

Export Citation Format

Share Document