Wk 11 - Forced Migration Flashcards

1
Q

Background of Syria 2011-13 (x4)

A

Protests fro March 2011 – following other Arab Spring revolutions
FSA was first rebels in field = move from oppression to civil war
Growth of other rebels, inc ISIS
191 000 dead

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2
Q

No effective international response in Syria because… (x3)

A

Issues of P5 veto –
Russian national interests, China supports Russia,
Concerns any resolutions hide a regime-change agenda by west

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3
Q

The use of chemical weapons in Syria… (x6)

A

734 dead in Ghouta, August 2013
Suggestion govt accidentally used too much
Evidence points at gov, not rebels
Triggers UNSC action when US threatened unilateral action
Russia forced Syria to give up their chemicals – mostly successful in getting rid of
Non-binding UNSC Presidential Statement at this point = first ref to R2P: passed with consensus

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4
Q

Syrian refs and IDPs… (x2)

A

Four states that have taken highest numbers (Turkey, Iraq, Jordan, Lebanon) not Convention signatories
Syrian govt doesn’t accept existence of IDPs, so won’t help them – even those not displaced are in crisis

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5
Q

Syria and humanitarian assistance… (x4)

A

Govt sought to block aid to rebel held areas: UN needs consent - requires adherence to govt rules
But NGOs eg MSF just operate illegally
UNSC resolution on putting aid in, but no use of force
Then another with ‘notification’: showing effects of R2P, but didn’t invoke it – a slow reinterpretation of sovereignty

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6
Q

Voluntary international migration consists of what two types?

A

Economic migrants

Family reunification

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7
Q

Three types of forced migrants are…

A

Refugee - fled from state persecution
Asylum seeker - seeks formal protection upon entering another country
IDP - fled but not crossed border

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8
Q

Durable solutions are…

Including (x3)

A

Means of changing the legal status from refugee
Voluntary repatriation
Local integration – gaining citizenship
Resettlement to third state

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9
Q

What is protracted refugee situation? (x2)

A

Average length of exile now at 17 yrs

2/3 of refs in protracted situation

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10
Q

Developing state have responded to protracted refs by… (x3)

A

Building camps in the most remote regions,
Limiting the rights of refugees to freedom of movement
In the most extreme cases, by rejecting them at the border or refouling them.

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11
Q

Three explanations for refugee flight

A

Individualised persecution: refugee as activist, state seeking to cease political activities; the cause framed by Convention
Generalised violence: seeking safety from, as in civil war, Syria
Systematic targeting due to social/cultural group: not covered by Convention – at extreme = cleansing/genocide

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12
Q

Three different types of refugee flows, and the conditions required for return

A

Situational refs: flee war, deprivation – voluntary return needs peace/stability
Persecuted: flee group-based persecution – return needs credible protections
State-in-exile refs: flee military defeat – need new govt/military victory

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13
Q

What two aspects form the basis of the international refugee protection regime?
With the only legal mandate being held by the

A

Protection offered by international law, and
Humanitarian assistance
UNHCR

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14
Q

The Refugee Convention (x4)

A

Right to seek asylum, and not be forcibly returned
Must be ‘well-founded’ and supported
Only applies to 5 categories – race, religion, nationality, membership of social group/political opinion
144 state parties, with 144 to Protocol

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15
Q

What ambiguities are present in the Refugee Convention (x3)

A

Define persecution: threat to life/freedom, but not quantified; newly recognised forms, eg SGBV not included – state to decide; EU calls gender a ‘social group’, therefor within def
Persecution only from govt source: not NSAs, eg by Taliban govt, who weren’t recognised by Germany, so refs had no status there
Asylum not defined in IL: can’t cherry-pick destinations; right to flee, and seek, but not to gain asylum

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16
Q

Two key protections of the Refugee Convention

A

Can’t be prosecuted for illegal entry – detention doesn’t count
Can’t be returned to persecution: no Reservations on this one; some states have found ways around

17
Q

Why is sovereignty an issue regarding IDPs? (x2)

A

States may bar access to IDP populations

May not wish to admit problem – call them terrorists/migrants to avoid problem, not adopt policies that help

18
Q

What special issues are faced by IDPs? (x6)

A

Even if state asks for help, access may be blocked by terrain, lack of resources, armed groups, bureaucratic disagreements
Higher mortality/disease rates
Broken community/family ties
Increased unemployment
Decrease education, food shelter
More vulnerable to violence – the ‘well-fed dead’

19
Q

What legal protections are available for IDPs? (x1)

Which is/protects the rights to (x5)

A

Non binding Guiding Principles on Internal Displacement, 1998: everything that’s not in the Convention, and is open-ended
Based in HR law, humanitarian law, refugee law
Same rights as others in their country
No arbitrary displacement, right to life, cant attack IDPS, right to liberty/movement/security of person, standard of living, medical care, education, property, legal recognition, non-refoulement
States as primary responsible
Right to humanitarian assistance, and of states to facilitate it

20
Q

According to the Guiding Principles, an IDP is…

A

Persons or groups forced to flee as a result of armed conflict, generalized violence, violations of human rights or natural or human-made disasters, who have not crossed State border

21
Q

Soft law turning to hard law has been seen in…

A

Adoption of Guiding Principles in

Great Lakes Protocol on IDPs, and Kampala Convention (both in Africa)

22
Q

Asylum seeker numbers rose dramatically since the 1980s, because (x6)
Leading northern states to (x2)

A
Expanding legal rights
Increased media attention
Easier transit
Policies encouraging labour migration
More refugee-producing events
Increased smuggling/trafficking
Seekers seen as migratory/security threat 
Restrictionist/right-ward political shifts
23
Q

Deterrent means of discouraging asylum seekers include… (x3)

A

Restrictions on welfare
Mandatory detention since 1989
Safe third countries as deterrent - risk chain of deportation all the way home

24
Q

Extraterritorial methods of deterring asylum seekers include… (x3)

A

Visas
Carrier sanctions: penalty for carrying those without documents, puts immigration decision onto private corps
Pre-inspection/international zones: Canada – US processes you there