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Human rights MOISL > Lesson 5 > Flashcards

Lesson 5 Flashcards

Refugees and Migrants

1
Q

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

A

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.

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2
Q

ICCPR Article 6

A

Every human has right to life.

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3
Q

ICCPR Article 7

A

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

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4
Q

ICCPR Article 10

A

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

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5
Q

Legal provision

A

A specific section, clause, or statement in a law, statute, or regulation that establishes a rule or requirement.

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6
Q

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

A

The duty to render assistance in maritime situation

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7
Q

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

A
  1. Duty to Assist Individuals in Distress
  2. Duty to Respond to Collisions
  3. Duty to Coordinate Search and Rescue (SAR)
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8
Q

Securitization model

A

Copenhagen School
1. Non politcized
2. Politicizec
3. Securitized

Ralf Emmers

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9
Q

Copenhagen School five security sectors

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

Ralf Emmers

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10
Q

Non politcized

A

The state does not cope with the issue

The issue is not included in te public debate

Ralf Emmers

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11
Q

Politicized

A

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

Ralf Emmers

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12
Q

Securitized

A

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

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13
Q

Succesful securitization

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

Ralf Emmers

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14
Q

Referent oject

A

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

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15
Q

Securitizing actor

A

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

Prime minister Thaksin Shinawatra.

Ralf Emmers

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16
Q

Audience

A

The target group that the securitizing actor attempts to persuade.

Ralf Emmers

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17
Q

Speech act

A

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

18
Q

Extraordinary measures

A

Measures that goes beyond established rules and norms.

Ralf Emmers

19
Q

Securitization example

A

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

20
Q

Failed securitization

A

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

21
Q

Asylum seekers from victims to existential threat

A

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

22
Q

Frontex

A

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

23
Q

Refugee Convention

A

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

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

24
Q

Refugee term legally

A

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

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

25
Q

1951 Refugee Convention’s undermining

A

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

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

26
Q

1951 Refugee Convention and 1967 Protocol

A

Core legal instruments of the international refugee regime

Alice Edwards, International Refugee Law

27
Q

International refugee regime

A

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

Alice Edwards, International Refugee Law

28
Q

Individual Refugee Status Cessation

A

Stated in The Refugee Convention art. 1C(1-4).

Voluntarily re-establishing oneself in one’s country of origin.

Acquiring a new nationality that offers protection.

Renouncing refugee status.

Alice Edwards, International Refugee Law

29
Q

General Refugee Status Cessation

A

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

30
Q

Durable Solutions

A

Local Integration: This involves the refugee becoming integrated into the host country, often through pathways to permanent residency and eventually citizenship. This is the most common solution in industrialized countries, but access to citizenship is not an obligation for states.

Voluntary Repatriation: This is considered the preferred solution by many states, but it is only viable when conditions in the country of origin have improved enough to ensure a safe and dignified return. Declining repatriation rates reflect the persistence of conflict and oppression in many refugee-producing countries.

Resettlement: This involves relocating refugees to a third country that agrees to offer them permanent protection. It is often used as a protection tool for vulnerable refugees, a burden-sharing measure, or a way to resolve protracted refugee situations

Alice Edwards, International Refugee Law

31
Q

Non-Refoulement

A

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).
International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED).
Regional Instruments:
Inter-American Convention on the Prevention of Torture.
American Convention on Human Rights.
EU Charter of Fundamental Rights.

32
Q

The main sources of fundamental rights in the EU legal order

A

Treaty provision:
1. Treaty on Europea Union
2. Treaty on the Funtioning of the European Union.
3. International Law: Human rights treaties and customary international law
4. Charter of Fundamental Rights (CFR) Binding,

Violeta Moreno-Lax, Accessing Asylum in Europe: Extraterritorial Boarder Controls and Refugee Rights Under EU Law

33
Q

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

A

It ensures that the CFR does not restrict or adversely affect human rights recognized in other instruments.

Violeta Moreno-Lax, Accessing Asylum in Europe: Extraterritorial Boarder Controls and Refugee Rights Under EU Law

34
Q

New York Protocol Relating to the Status of Refugees

A

More ratifications.

35
Q

Refugee Convention 1951

A

Focused on article 1, refugees are only different arrengements from before jan. 1. 1951.

New York Protocol Relating to the Status of Refugees of 1967.

The 1967 Protocol removes the geographical and time limits that were part of the 1951 Convention.

No complaint mecahnism, but resolve to ICCPR art. 6. right to life.

36
Q

State arguments against granting protection of migrants

A
  1. Jan 1951, individual threat
  2. Costs associated
  3. No persecution
  4. No obligation to give refugee status.
  5. Refugee status grants the Refugee Convention rights.
37
Q

London Protocol 1967

A

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.

38
Q

Refugee definition

A

Refugee Convention 1951 article 1(2).

39
Q

Principle of non-discrimination

A

Subjected to unequal treatment based on specific prohibited grounds, such as race, religion, gender, or nationality.

Principle: Outlined in different frameworks.

40
Q

Gurantee of non-penalization

A
41
Q
A

Human rights MOISL (7 decks)

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