Lesson 5

Question 1

1951 Convention on the Status of Refugees Article 33(1) and (2)

Answer 1

Prohibition of Refoulement

Rule: Refugees cannot be expelled or returned to territories where their life or freedom is at risk due to race, religion, nationality, social group, or political opinion.

Exception: This protection does not apply to refugees who pose a security threat or have been convicted of a serious crime.

Question 2

ICCPR Article 6

Answer 2

Every human has right to life.

Question 3

ICCPR Article 7

Answer 3

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Question 4

ICCPR Article 10

Answer 4

Humane Treatment: All detainees must be treated with humanity and respect for their dignity.

Question 5

United Nations Convention on the Law of the Sea art. 98

Answer 5

The duty to render assistance in maritime situation

Question 6

International Maritime Organization (IMO), Guidelines on the Treatment of Persons Rescued at Sea Resolution MSC 167(78)

Answer 6

1. Duty to Assist Individuals in Distress
2. Duty to Respond to Collisions
3. Duty to Coordinate Search and Rescue (SAR)

Question 7

Copenhagen School five security sectors

Answer 7

1. Economic
2. Environmental
3. Military
4. Political
5. Societal

Ralf Emmers

Question 8

Non politcized

Answer 8

The state does not cope with the issue

The issue is not included in te public debate

Ralf Emmers

Question 9

Politicized

Answer 9

The issue is managed within the political system.
Requires government decisions and allocation of resources.

Ralf Emmers

Question 10

Securitized

Answer 10

The issue is framed as a security question thorugh the act of securitization.

The securitizing actor frames the already politicized issue as an existential threat to a referent object.

Art. 4 ICCPR: This article permits states to take measures that would otherwise violate certain obligations under the ICCPRm, as long as:

1. Public emergency threatening the life of the nation.
2. The measures are strictly necessary and proportionate to address the emergency.
3. The measures are temporary and subject to review.
4. The measures are not discriminatory.
5. Certain rights (like the right to life and prohibition of torture) cannot be derogated under any circumstances.

Ralf Emmers

Question 11

Succesful securitization

Answer 11

1. Audience is convinced of the threat to the referent object (State securit, human security, environmental security)

Ralf Emmers

Question 12

Referent oject

Answer 12

The objet’s safety that is threatened.

Human security (population, covid)
State security (External invasion of the state, or internal rebellion)
Environmental security (threatened by climate changes)

Ralf Emmers

Question 13

Securitizing actor

Answer 13

The individual, group, or state that frames an issue as an existential threat.

Prime minister Thaksin Shinawatra.

Ralf Emmers

Question 14

Audience

Answer 14

The target group that the securitizing actor attempts to persuade.

Ralf Emmers

Question 15

Speech act

Answer 15

A communication act that frames the threat to be existential so extraordinary measures can be used. Therefor the binding act between politicized and securitized,

Ralf Emmers

Question 16

Extraordinary measures

Answer 16

Measures that goes beyond established rules and norms.

Ralf Emmers

Question 17

Securitization example

Answer 17

War on drugs, Thailand , 2003.
Securitized the need for extraordinary measures t protect future generations.

Extraordinary measures: 2-3000 was killed, after ‘means nessecary’ had been used. Violates ICCPR art. 4 - which refers to art. 6, right to life.

Ralf Emmers

Question 18

Failed securitization

Answer 18

US and Iraq 2003.

MDW - no evidence.
Referent Obejct: USA’s nationals and global seucirty.
Existential threat: Saddam Hussein’s alleged MDW program.

Fails: No evidence of MDW, undermining justification for the intervention.

No long-term acceptance of the securitization.

Ralf Emmers

Question 19

Asylum seekers from victims to existential threat

Answer 19

Correlation with a masssive amount ofasylum seekers entering the EU from conflicts in Syria, Afghanistan and other states in 2015-16.

Stimulaniously, EU experienced terror attacks in Paris (2015) and Brussels (2016).

Paris: Attackers had used false passports and posed as asylum seekers.

Sarah Léonard & Christian Kaunert

Question 20

Frontex

Answer 20

Frontex, officially known as the European Border and Coast Guard Agency, is an EU agency tasked with managing the external borders of the European Union and the Schengen Area.

It plays a significant role in ensuring the security and proper functioning of EU border policies.

Sarah Léonard & Christian Kaunert

Question 21

Refugee Convention

Answer 21

1951, overseen and managed by the office of the United Nations High Commissio for Refugees.
* Defines who qualifies as a refugee and their rights.
* Establishes the principle of non-refoulement (prohibition of returning refugees to places where they face harm)

Art. 1
Art. Non-discrimination
Art. 33 (includes people in distress at sea)

Mourad, Lama and Kelsey P Norman. “Transforming refugees into migrants: institutional change and the politics of international protection.”

Question 22

Refugee term legally

Answer 22

Legally, the term refugee is reserved for individuals who
are officially recognized by the UN High Commissioner for Refugees or a host state government as having fled from their home country for reasons specified in the Convention, and who thus deserve international protection.

Art. 1

Mourad, Lama and Kelsey P Norman. “Transforming refugees into migrants: institutional change and the politics of international protection.”

Question 23

International refugee regime

Answer 23

The legal framework, institutions and practices desgined to address the protection and assistance of refugees.

Alice Edwards, International Refugee Law

Question 24

General Refugee Status Cessation

Answer 24

Circumstances lead to flight doesn’t exisit anymore

Assesment of the human rights conditions are a crucial factor before giving general cessation.

Alice Edwards, International Refugee Law

Question 25

Non-Refoulement

Answer 25

Purpose: Protects individuals from being transferred or removed from a state’s jurisdiction or control when there is a risk of persecution, torture, or serious human rights violations upon return. Legal Basis: International Treaties: Convention Against Torture (CAT). art 3 International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED). Regional Instruments: Inter-American

Question 26

The main sources of fundamental rights in the EU legal order

Answer 26

**Treaty provision:** 1. Treaty on Europea Union 2. Treaty on the Functioning of the European Union. **International Law:** 3. Human rights treaties and customary international law 4. Charter of Fundamental Rights (CFR) Binding, ## Footnote Violeta Moreno-Lax, Accessing Asylum in Europe: Extraterritorial Boarder Controls and Refugee Rights Under EU Law

Question 27

The CFR seeks to be consistent with the ECHR, ensuring that the level of protection is at least as high.

Answer 27

It ensures that the CFR does not restrict or adversely affect human rights recognized in other instruments. ## Footnote Violeta Moreno-Lax, Accessing Asylum in Europe: Extraterritorial Boarder Controls and Refugee Rights Under EU Law

Question 28

London Protocol 1967

Answer 28

The 1967 Protocol removed the Refugee Convention’s temporal and geographical restrictions so that the Convention would apply universally. Art. 1. Says that countries that ratify it agree to abide by the Refugee Convention as well – even if they are not a party to it.

Question 29

Refugee definition

Answer 29

Refugee Convention 1951 article 1(2).

Question 30

Principle of non-discrimination

Answer 30

Refugee convention article 3. Subjected to unequal treatment based on specific prohibited grounds, such as race, religion, gender, or nationality. Principle: Outlined in different frameworks.

Question 31

2015-2016 asylum crisis

Answer 31

Increased terror attacks Made EU scared of terrorists in the group of asylum seekers Far-right parties seized on the issue, linking refugees with terrorism Securitization Extraordinary measures: * Reinforce border controls, including strengthening the role of Frontex, the European Border * **hotspot approach** was developed, which involves the identification, registration, and fingerprinting of incoming migrants, with the aim of distinguishing between those in need of international protection and those who may represent a threat * **Additional security checks** Even when asylum-seekers were accepted under relocation programs, some EU Member States carried out their own additional security checks ## Footnote Leonard and Kaunert, refugee flow

Question 32

Violeta Moreno-Lax Accessing Asylum seekers take away

Answer 32

FRONTEX (European Border and Coast Guard Agency): Primary Goal: To manage and secure the EU's external borders SAR: Explicit, Searcha and Rescue team: humanitarian operation focused on saving lives at sea EU Charter of Fundamental Rights: