Category Archives: Blogs

New Publication: Voting Rights of Refugees

by

Dr. Reuven (Ruvi) Ziegler | Lecturer in Law
Programme Director, LLM in Human Rights, International Law, and Advanced Legal Studies
School of Law, University of Reading

Description
  • Voting Rights of Refugees develops a novel legal argument about the voting rights of refugees recognised in the 1951 Geneva Convention. The main normative contention is that such refugees should have the right to vote in the political community where they reside, assuming that this community is a democracy and that its citizens have the right to vote. The book argues that recognised refugees are a special category of non-citizen residents: they are unable to participate in elections of their state of origin, do not enjoy its diplomatic protection and consular assistance abroad, and are unable or unwilling, owing to a well-founded fear of persecution, to return to it. Refugees deserve to have a place in the world, in the Arendtian sense, where their opinions are significant and their actions are effective. Their state of asylum is the only community in which there is any prospect of political participation on their part.
    • Brings together elements of the political theory and refugee law discourses by conceptualising the legal and political predicament of recognised refugees as non-citizens in their state of asylum
    • Will be a valuable source for refugee and international law scholars seeking to explore questions of out-of-country voting, protection abroad, expulsion of non-citizens and voting rights jurisprudence
    • Contributes to the discourse concerning the interrelations between citizenship and the right to vote

The book can be ordered online at:
http://www.cambridge.org/gb/academic/subjects/law/human-rights/voting-rights-refugees?format=HB&isbn=9781107159310

Recent Policy Briefs Submitted to the Government of Canada

Recently, members of the Refugee Research Network were able to meet with representatives of the Government of Canada and submit policy briefs to inform discussion on the following themes, and their implications for Canadian policies and practices.

Age & Generation in Canada’s Migration Law, Policy, & Programming, by Christina Clark-Kazak, York University

The Humanitarian-Development Nexus: Opportunities for Canadian Leadership, by Kevin Dunbar, CARE Canada & James Milner, Carleton University

Environmental Displacement and Environmental Migration: Blurred Boundaries Require Integrated Policies, by Michaela Hynie, York University; Prateep Nayak, University of Waterloo, Teresa Gomes & Ifrah Abdillah, University of Toronto

The State of Private Refugee Sponsorship in Canada: Trends, Issues, and Impacts by Jennifer Hyndman, William Payne and Shauna Jimenez, York University

Refugee Review: Re-conceptualizing Forced Migration & Refugees in the 21st Century

We proudly introduce the second volume of Refugee Review: Re-conceptualizing Forced Migration & Refugees in the 21st Century, the open access, multidisciplinary, multimedia, and peer-reviewed journal of the ESPMI Network. We are delighted to be able to share with you another rich edition of varied and challenging articles, opinion pieces, practitioner reports, discussions, and interviews from emerging scholars and practitioners around the world.

To access the web-version of the journal, please click here.

To download a hyper-linked PDF, please click here.

We are pleased to pass this on to you all, and hope that you will disseminate this widely, through listservs, your universities, organizations, colleagues, and anyone else that you think may benefit from the publication.

Please stay in touch regarding future initiatives!

All the very best,
Petra Molnar and Brittany Wheeler
Co-Coordinators, ESPMI Network

You can find us on the web at: http://espminetwork.com or email us at refugeereview@gmail.com. Follow us on Twitte@ESPMINetwork.

 
The ESPMI Network would like to thank the Refugee Research Network for their support of this initiative.

Latest Developments at DePaul’s Refugee and Forced Migration Program

The Refugee and Forced Migration Studies program at DePaul University has been making contact with several NGOs in Chicago to establish intern partnerships for incoming students. We have met with Heartland Alliance’s Human Care office in Chicago as well as the Ethiopian Community Association of Chicago. They were as excited as we were to start planning how students will be trained, where they will work, and what capacities they will fill should they choose to intern at that organization. We also have appointments set up with GirlForward, RefugeeOne, and The American Red Cross of Chicago.

In addition, we have begun to construct our Curriculum Committee. The Committee comprised of faculty and staff from various different departments and offices within the University, will function to plan and develop the Curriculum with our director, Dr. Shailja Sharma. Already, we have received notice from members of the History department, the School of Law, the School of Business, and the Steans Center for Community-Based Service Learning. All of them are looking forward to helping build what is shaping up to be an excellent program.

We can’t wait to begin classes in the Fall!

If you are someone who is interested in pursuing a Master’s of Science in Refugee and Forced Migration Studies at DePaul, feel free to get into contact with Dr. Sharma at ssharma@depaul.edu (link sends e-mail) or visit our web page here.

Mobilizing Refugee Research

The Refugee Research Network (RRN) has been created to mobilize and sustain a Canadian and international network of researchers and research centres committed to the study of refugee and forced migration issues and to engaging policy makers and practitioners in finding solutions to the plight of refugees and displaced persons. This initiative builds on previous efforts towards establishing a global network of researchers in the field of refugee and forced migration studies funded by the Canadian SSHRC Knowledge Cluster program.

In 2004, with the support of a SSHRC Strategic Research Clusters Design Grant, the Centre for Refugee Studies at York University organized a refugee research cluster. In this first phase of the project, we focused on establishing relationships among researchers across Canada, identifying principles to guide a refugee research cluster and developing a research agenda in collaboration with colleagues in the public and NGO sectors. We held consultations in Montreal, Toronto and Edmonton with academics, policy makers and practitioners who provided input into the research issues that they would like to see addressed and the kind of research network they would like to be part of. We determined that the cluster would provide a systematic and dedicated space for the sustained interactive engagement of three sectors: Canadian and international researchers, NGO partners and government policy makers. This cross-sector approach would ensure that the issues identified are relevant to the refugee field, that the relationships to sustain the research are in place and that the dissemination will be timely and appropriate. We decided that the cluster would be grounded in the experiences of refugees and forced migrants and in the practices and policy making of those who seek to support them; responsive to emerging ideas among new and established scholars and practitioners; and, flexible, able to form research teams appropriate in size, skills and perspectives to the issues being examined. Our cluster image was that of a web with multi-coloured threads to identify different communities of refugee research that are rooted in Canada but reach around the world.

We developed a matrix of refugee research issues that identified key temporal stages of the refugee experience (pre-migration, migration and post-migration) along with crucial aspects and issues related to the experiences of refugees (displacement and protection, health and healing, and representation, community and identity). A concept paper “A Cross-Sector Research Agenda for the Protection of Refugees and Forced Migrants” was submitted to SSHRC in October 2005 and is available at this LINK.

In the fall of 2005, new funding was secured from the SSHRC Clusters Interim Program. This funding was used to strengthen the Cluster, supporting research networks and increasing dissemination. A new Canadian association of researchers, policy makers and practitioners in the field of refugee and forced migration studies was initiated. A refugee research list serve was formed and quickly had over 140 members from Canada and around the world. The ties between CRS and the Canadian Council for Refugees (CCR) were strengthened. CCR formed a research committee supported by CRS academics to organize research presentations at the semi-annual CCR consultations and facilitate ongoing discussions.

In June 2006, CRS hosted the 10th annual conference of the International Association for the Study of Forced Migration (IASFM) and supported CCR in hosting the International Refugee Rights Conference, both at York University. The two conferences overlapped to maximize the contact and communications among the Canadian and international academics who dominate the IASFM conference and the practitioners from Canadian and international NGOs who attended the refugee rights conference. The relationships among and between Canadian and international scholars and students intensified as did the connection between CRS and IASFM. CRS is now an institutional partner of IASFM and the Director Susan McGrath is President. CRS Coordinator Michele Millard supports the website and listserv of IASFM.

At the IASFM10 conference, Canadian academics and practitioners were invited to meet and consider the formation of a Canadian association of researchers. The response was enthusiastic. In November 2006, with the support of the SSHRC Interim Cluster grant, a group of academics and students formed the Canadian Association for Refugee and Forced Migration Studies (CARFMS).

Over the past few years the RRN has started to create a new intellectual space in refugee research with a rich pool of expertise across the country including academics, practitioners and policy makers who have developed active research agendas. The network is having a synergistic effect, generating new knowledge in the field and increasing the impact of that knowledge through stronger relationships and new communication strategies. There is increased connectivity among individuals and institutions within Canada and globally. New associations are emerging: the CARFMS, the RRN, and our global network of refugee research centres. With the full development of the project, the RRN will be well placed to facilitate the engagement of researchers across the country with colleagues around the world, the formation of focused research groups on law and public policies, interactions of academics with the public and practice sectors, and the full transfer of knowledge created locally and globally.

The march of turbans

Jaime Arocha
On November 17, from the village of La Toma (Suarez, Cauca), 70 women started walking towards Bogotá, wearing turbans, which make explicit their African descent.
They march to demand the Government to advance the collective title to their lands, stagnant for years, and to comply with the requirements of the LawT1045A, by which the Constitutional Court protects the ancestral lands that the ancestors of the black communities of the region created in the early seventeenth century.

How to Respond to the Central American Refugee Crisis

Refugee Crisis and How We Respond:

 

      The recent surge in refugees coming to the United States from Central America, mostly children, has been a topic of much discussion and debate across the country.  An oversimplification of the issue has led to an oversimplification of how to respond, with two distinct “camps” emerging: one epitomized by protesters blocking the road in front of the federal DHS detention facility in Murrieta, California, and the other made up of groups like Border Angels rushing emergency supplies to various overcrowded centers mainly between Texas and California. 

     The media certainly shares the blame, mischaracterizing the refugees as merely an extension of previous waves of economic immigrants.  Those of us closest to the crisis have an obligation, and an opportunity, to explain this unique situation through a two-tiered approach: clarifying the legal status of these refugees as a way to give a fuller and more accurate explanation of who they are and why they are coming, and appealing to people’s compassion.  That will hopefully lead to a more appropriate and charitable response.

First, Remember Why They Came

     There are many reasons people have come to this country over the centuries.  Sometimes it is the pull of what our nation has to offer, and sometimes it is the push of war or violence or famine in the home country.  Make no mistake about the current crisis:  it is not just a quantitative increase in the number of undocumented aliens coming to this country for work or for “a better life.”  The unspeakable horrors of violence sweeping Central America recently, including widespread violence against women and children, is unlike anything that has been seen there in decades.  When the capital of Honduras is second only to Aleppo, Syria in the list of most murders, and when our own State Department declares that violence against women in Guatemala and across Central America has reached war-time levels, you can understand why people are fleeing, or sending their children abroad.  Would you do less for your child if she were statistically more likely to be sexually assaulted than find employment?  We can at least be aware of what conditions are behind the crisis as we formulate a response.  And we can remember that our own law compels us to listen to a refugee’s plight before a decision is made as to whether to allow her to remain here or return.

 

Murrieta Protesters

     I don’t want to give this group of perhaps a few dozen any more attention than they deserve, which is already disproportionate.  But for better or worse, they have become the face of the opposition to the recent influx of mostly Central American children and to their continued housing and care in the United States.  It’s tempting to describe this group, or any group, from the outside looking in.  To refer to the Murietta protesters as ignorant, or organizers of hate rallies, certainly helps frame the issue and your position.  But when you do that, you fall prey to accusations of exaggeration or bias.  It’s a rare case where a group’s own words suffice to describe the group, what they believe, and why you find it objectionable.  Here is one of those rare cases.  From a legal and philosophical point of view, this group undermines itself and paints itself in as bad a light as any of the counter-protesters could ever do.

     To start with, the thousands of undocumented children who have recently surged across the border are not “illegal.”  Why?  Because the acceptance of refugees and their right to petition for asylum or other relief is, quite literally, legal.  Does every single person qualify to remain in the United States?  Certainly not.  But those protesters who invoke the rule of law should perhaps brush up on exactly what the law is.  We as a nation acknowledge our obligation, legal and moral, to not return legitimate refugees to a country where they face persecution, sometimes death.  There is a process that needs to be followed, and that is what is taking place.  And that is the law.  So when a busload of detained aliens meets a crowd of citizens blocking a road and preventing federal agencies from carrying out their duties, only one of the two groups is breaking the law…and it’s not the children on the bus.

     Moving on to what the Murietta protesters say, in words, placards and actions, little commentary is needed.  “Go back to Mexico” being screamed at a bus full of Central American mothers and children.  “No more taxes, no more illegals.”  “You’re not wanted!”  They scream and point at buses as the traumatized faces of 12-year-olds look out.  They rail against “invasion” of their town, despite the fairly ironic reality that the DHS facility provides jobs and revenue to their community, and I’m unaware of any detainees who have seen downtown Murietta unless there is a view from the facility itself.

     Do they have any legitimate reason to express concern over the influx of children from Central America?  Yes, they do.  We all do.  Even if we strip away concern for conditions in the home countries, there is certainly a valid concern for the effect on our U.S. resources, both in the short term (in terms of detention space, supplies, court resources, adjudicators of asylum claims, public health) and the long term (economic impact and other long-term resettlement-related strains).  But those are issues that are dealt with legislatively; through community-based organizing and coordination; by contacting representatives in Washington; and like it or not, by confronting the conditions back where the refugees come from.  Blocking traffic and screaming at buses does nothing.

 

Border Angels

     This group of advocates is fairly small, but similar to the Murietta Protesters’ role on the other side, they have become the face of those who have reacted to the influx of Central American refugees in a very different manner.  Their immediate focus has been on collecting supplies, including diapers and toiletries and clothing, and getting them to the detention facilities that have been hit hard with numbers well beyond their housing capacity.  They ran supply drives including on July 4, disregarding the traditional day off and the call of the beach and barbeque to drive around town picking up boxes and delivering them to DHS facilities, trying to coordinate with government agencies that are not always open to that level of direct involvement with its detainees.  Beyond the specific organization known as Border Angels, this camp is also made of up a large number of community-based non-profits and advocacy groups, and many attorneys offering pro bono consultations and representation for children who have no ability to navigate the complex world of immigration courts and the complex array of federal regulations that will ultimately determine if they will stay in the United States or are returned to their home country.

   Are these advocates naive?  Perhaps.  Having worked with many, I think there is a good deal of naivete, accompanied by an unwillingness to listen to any opposing views or concerns.  That is, perhaps, their greatest weakness, because it provides their opposition with easy talking points and some legitimate claims of being the only realists in the room.  But from my point of view, a certain degree of naivete often makes the best advocates and activists.  Realism can, quite frankly, be a real bummer and a sure way to become disillusioned and overwhelmed.  It’s like that story of the boy throwing starfish back into the water after they were washed up on shore; when a passerby pointed out that there were countless starfish on countless beaches and the boy would never make a difference, the boy just paused and then replied, “But I made a difference to that one.”  We need more boys on the beach, and Mother Teresas in the streets, even if we never help every starfish or bring comfort to every destitute person dying in the street.  That sentiment probably says a bit about my own naive idealism, but I’m fine with that.

   I am sure that there are many people across the country whose views fall somewhere between the two camps described above; either because they don’t fully understand the issue, don’t care about the issue, or just find both to be extreme in their own way. But for now, these have become the faces of the two views on the current crisis.

Choosing Compassion

     Where my loyalties and sympathies lie is not a difficult choice for me.  When the choice is compassion vs. hatred, compassion will always win.  That is the side I will always choose, I hope, whatever the issue.  That is the side that is demanded by my own heritage, my upbringing, my profession and my faith. It is also the side favored by history.

    If some people haven’t decided where they fall yet, I hope compassion leads them to the right decision, for the right reason.

 

 

 

 

Supreme Court of Canada hearing on exclusion from refugee protection on the basis of serious non-political crimes

Very well argued submissions to the Supreme Court of Canada regarding Luis Alberto Hernandez Febles v. Minister of Citizenship and Immigration concerning exclusion from refugee protection on the basis of serious non-political crimes. The CCR, among others, is arguing that Canada has been broadening this exclusion clause that is part of the Convention refugee definition, with the result that refugees are wrongly denied protection, on the basis of crimes that are not very serious.

The video of the hearing can be watched here: http://www.scc-csc.gc.ca/case-dossier/info/webcast-webdiffusion-eng.aspx?cas=35215

Supreme Court’s summary of the case at http://www.scc-csc.gc.ca/case-dossier/info/sum-som-eng.aspx?cas=35215. The arguments of the CCR (and other interveners) are available here: http://www.scc-csc.gc.ca/case-dossier/info/fac-mem-eng.aspx?cas=35215.