Article 1: Definition of a Child

While all international human rights treaties apply to children, only the Convention explicitly elaborates who is defined as a child. Article 1 defines the child as a human being who is below the age of 18 years. Majority is set at age 18 unless, under domestic law, it is attained earlier. During the negotiations of the text of the Convention, there was significant debate regarding definitions of both the commencement and the ending of childhood. The initial text, proposed by the Polish Government, drawing on Principle 1 of the UN Declaration of the Rights of the Child, 1959, provided no definition of childhood at all (Office of the United Nations High Commissioner for Human Rights and Rädda barnen (Society: Sweden), 2007, p. 301). However, government delegates on the Working Group immediately highlighted the need for clarification. The first revision of the text therefore proposed that a child is a human being from birth to the age of 18 years unless majority is attained earlier. However, with regard to the beginning of childhood, the Working Group were unable to come to a consensus. An unresolvable division persisted on whether childhood, in respect of the Convention, commenced from the point of conception, or from birth (Office of the United Nations High Commissioner for Human Rights and Rädda barnen (Society: Sweden), 2007, pp. 301–313). The conflict was ultimately resolved by removing any reference to the start of childhood.

From the Subcontinent with Love

“Africa weaves a magic spell around even a temporary visitor,” wrote the former Indian high commissioner to East and Central Africa, Apa Pant, in 1987, echoing the allure that the continent had over him and other fellow Indian diplomats. But the diplomatic roles of men like Pant and the history of Indian engagement with Rhodesia has not, until now, been explored. This article argues that the central role of India in the colonial world ensured that London reined in the white settler Rhodesian government from enacting discriminatory legislation against its minority Indian populations. After Indian independence in 1947, the postcolonial government shifted from advocating specifically for the rights of Indians overseas to ideological support for the independence of oppressed peoples across the British colonial world, a mission with which it tasked its diplomatic representatives. But after India left its post in Salisbury in 1965, Indian public rhetorical support for African nationalist movements in Rhodesia was not matched by its private support for British settlement plans that were largely opposed by the leading African political parties in the country, colored by private patronizing attitudes by India's representatives toward African nationalists and the assumption that they were not yet ready to govern themselves.

“You sleep with the devil; you wake up in hell!”: On the new EU-Turkey Deal

Right from the start in 2016, the United Nations High Commissioner for Refugees (UNHCR) and Amnesty International challenged the legitimacy of the so-called refugee deal between Turkey and the EU. Toward the end of 2020, the EU concluded another agreement with Turkey as part of the €6 billion in funding covered by the refugee deal, in spite of Turkey’s deteriorating human rights record. Against a backdrop of Turkey’s weaponizing of refugees against Europe and Europe’s treatment of the refugee issue as a local problem, the European border and coast guard organization Frontex has been practicing illegal pushbacks. It is clear that once you toy with the devil, you cannot escape hell.

Community engagement in pastoralist areas: Lessons from the public dialogue process for a new refugee settlement in Turkana, Kenya

Large-scale development interventions have long failed to accommodate the needs and preferences of pastoralists or the systems of resource governance and land tenure upon which they rely. However, advocates of rights-based approaches to development emphasise the importance of community participation in planning and agenda-setting, and in Kenya, public participation is a formal constitutional requirement for government decision-making processes. In 2015, the United Nations High Commissioner for Refugees concluded negotiations with local stakeholders about the use of 15 km2 of communal rangelands to build a new refugee settlement in Turkana County, Kenya. Negotiations entailed a community dialogue process involving local people living in the vicinity of the proposed settlement. This paper retrospectively examines the inclusivity of the dialogue process, with particular attention to the involvement of pastoralists and the representation of their interests. Interviews and focus groups conducted with a range of key informants and community stakeholders highlighted two key problems. First, negotiations relied upon a simplistic approach to communal land tenure that overlooked the complexity of overlapping and often contested access rights. Second, there was an over-reliance on urban professionals and politicians as intermediaries between rural communities and development actors. Even where elite intermediaries act in good faith, they may introduce an ‘oppidan bias’ into development policies, thereby marginalising the viewpoints of non-urban, non-sedentary demographics, such as pastoralists. I conclude with recommendations for the UNHCR to develop a more explicit strategy for direct engagement with host community stakeholders in Turkana and with increased attention to the interests of livestock producers and the nuances of pastoralist land use.

Bridging Barriers: Study of Refugee Integration in New Zealand Communities

<p>New Zealand is one of the 26 nations of the United Nations High Commissioner for Refugees (UNHCR) who participate in a regular refugee resettlement program (“New Zealand Refugee Quota Programme”). It is also one of the few countries to have a refugee orientation program upon arrival and dedicates a centre especially to host the incoming refugees. The current refugee quota system in New Zealand provides a 6 week orientation and assessment period followed by dispersal into 6 different cities across New Zealand for permanent resettlement. Refugees develop friendships and a sense of comfort over the 6 weeks program with all the facilities available at the Resettlement centre. The transition from the centre into the independent housing in suburban locations therefore becomes more challenging due to the lack of induction of refugees into their host communities. Refugees are alienated in their new communities with the locals equally as oblivious to the new settlers. As a result, post settlement engagement with the host society becomes difficult for refugees. The community relations between the refugees and host society is neglected with refugees generally connecting with the same ethnic group (ii, Gray); limiting cross-cultural connections. This research investigates the role of architecture as a facilitator of social interaction between the refugees and local community to create a strong sense of belonging in the host society. The aim is to explore architectural solutions which can ease the process of resettlement for refugees into the different regions around New Zealand. It seeks to develop a design which offers social engagement that can extend into the society and cross-cultural interaction can be encouraged.</p>

Bridging Barriers: Study of Refugee Integration in New Zealand Communities

<p>New Zealand is one of the 26 nations of the United Nations High Commissioner for Refugees (UNHCR) who participate in a regular refugee resettlement program (“New Zealand Refugee Quota Programme”). It is also one of the few countries to have a refugee orientation program upon arrival and dedicates a centre especially to host the incoming refugees. The current refugee quota system in New Zealand provides a 6 week orientation and assessment period followed by dispersal into 6 different cities across New Zealand for permanent resettlement. Refugees develop friendships and a sense of comfort over the 6 weeks program with all the facilities available at the Resettlement centre. The transition from the centre into the independent housing in suburban locations therefore becomes more challenging due to the lack of induction of refugees into their host communities. Refugees are alienated in their new communities with the locals equally as oblivious to the new settlers. As a result, post settlement engagement with the host society becomes difficult for refugees. The community relations between the refugees and host society is neglected with refugees generally connecting with the same ethnic group (ii, Gray); limiting cross-cultural connections. This research investigates the role of architecture as a facilitator of social interaction between the refugees and local community to create a strong sense of belonging in the host society. The aim is to explore architectural solutions which can ease the process of resettlement for refugees into the different regions around New Zealand. It seeks to develop a design which offers social engagement that can extend into the society and cross-cultural interaction can be encouraged.</p>

Narratives of experiences of violence of Venezuelan migrant women sheltered at the northwestern Brazilian border

Objectives To know the experiences of Venezuelan migrant women living in shelters in Roraima state at the northwestern border between Venezuela and Brazil regarding situations of violence as part of the dynamics of everyday life. Materials and methods Data were collected in January 2020 through 12 focus group discussions (FGDs) with 5 to 14 Venezuelan migrant women aged 18–49 years old living transitorily in five shelters established by the United Nations High Commissioner for Refugees (UNHCR) and the Brazilian government. We obtained individual and shared views on the experiences regarding violence that migrant women may experience in their everyday life. To organize the FGDs, variations in age and the time women were living at the shelters were considered. All FGDs were held in a place at the shelter that guaranteed privacy and secrecy so that women could express themselves freely. The initial question was broad and open ended and was followed by more specific questions about situations of domestic violence and other types of violence. Results The main themes identified were the following: i) women’s perceptions on domestic violence, ii) women’s perceptions on how humanitarian organizations were managing the episodes of domestic violence, and iii) situations considered violence in everyday life at the shelters. The FGDs showed that the reported violence inside the shelters was high, and several forms of violence emerged. Violence was identified as physical aggression and psychological threats, and violence in everyday life at the shelter included xenophobia when the migrants went outside the shelters that was perceived and described as violence. Conclusions According to the perspective of Venezuelan migrant women violence was part of everyday life among those living in the UNHCR shelters at the northwestern border of Brazil-Venezuela. These women are not comfortable with this situation, and it is difficult for them to understand and handle the episodes of violence.

The door behind the bamboo curtain - Chinese law and policy on refugee status

<p>This thesis systematically considers the law and policy on refugee status in the People’s Republic of China. It considers relevant Chinese legal provisions, applicable bilateral and multinational treaties, as well as China’s refugee policy and practice. It also presents and analyses first-hand information collected through interviews with refugees and aid workers. China is an emerging destination of refugees and other displaced foreigners. Although China is a party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, Chinese law contains no provisions governing the definition of a refugee or the determination of refugee status. Further, there is a gap between the criteria for asylum in the 1982 Chinese Constitution and the criteria for refugee status in the 1951 Convention. In practice, although the Chinese government has generally allowed the United Nations High Commissioner for Refugees to process individual applications for refugee status, the Chinese government has practically performed the function of refugee status determination in large-scale influx situations through policy decisions. In these situations, the security, political, and strategic interests of China have often overshadowed China’s commitment under the 1951 Convention. China has been cautious about recognising refugees on its territory. However, the Chinese government has clearly demonstrated a growing interest in addressing the issue of refugee recognition within a more formalised framework. In conclusion, this thesis recommends that China adopt a legal refugee definition in line with the 1951 Convention relating to the Status of Refugees and develop a predictable and fair national RSD mechanism.</p>