Refugee Survey Quarterly最新文献_第9页

A “Supportive and Catalytic” Supervisor? UNHCR’s Role in the Global Compact for Refugees “支持性和催化性”主管？难民署在《全球难民契约》中的作用

IF 1.2

Refugee Survey Quarterly Pub Date : 2020-12-07 DOI: 10.1093/rsq/hdaa039

Niamh Kinchin

{"title":"A “Supportive and Catalytic” Supervisor? UNHCR’s Role in the Global Compact for Refugees","authors":"Niamh Kinchin","doi":"10.1093/rsq/hdaa039","DOIUrl":"https://doi.org/10.1093/rsq/hdaa039","url":null,"abstract":"\u0000 The Global Compact for Refugees describes UNHCR as its ‘supportive and catalytic’ leader. The ability for UNHCR to negotiate and collaborate within a highly political environment is critical to the Refugee Compact’s ongoing success. However, the Refugee Compact is non-binding, which means that there is no call for UNHCR to exercise its supervisory mandate. By removing the impetus for enforcement, which includes submissions to courts and parliaments, and State admonishment, the Refugee Compact diminishes the non-political elements of UNHCR’s work. The consequence of sidelining UNHCR’s supervisory mandate is that State interests are elevated above those of refugees, which risks diluting principles of international law and human rights. Entrenched problems of voluntary funding are ignored, and whilst robust conversations may flourish within this forum, realizable outcomes will be undermined by ‘endless conversations’ and positive optics. UNHCR’s moral authority, which stems from its embodiment of the protector of refugees, will not act as a motivation for State action. A reconsideration of UNHCR’s role is required in order to allow UNHCR to refocus on its supervisory mandate and to ensure the Refugee Compact can strike a balance between being “entirely non-political in nature” and the reality of international cooperation, which is inherently political.","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43751573","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Creeping Crimmigration in CEAS Reform: Detention of Asylum-Seekers and Restrictions on Their Movement under EU Law CEAS改革中令人毛骨悚然的移民：根据欧盟法律拘留寻求庇护者和限制他们的行动

IF 1.2

Refugee Survey Quarterly Pub Date : 2020-12-03 DOI: 10.1093/rsq/hdaa015

I. Majcher

{"title":"Creeping Crimmigration in CEAS Reform: Detention of Asylum-Seekers and Restrictions on Their Movement under EU Law","authors":"I. Majcher","doi":"10.1093/rsq/hdaa015","DOIUrl":"https://doi.org/10.1093/rsq/hdaa015","url":null,"abstract":"\u0000 This article analyses freedom-restricting measures set forth in the Reception Conditions Directive and its proposed recast; it does so through the lens of the concept of crimmigration, understood as convergence between criminal and (administrative) immigration and asylum law. To tackle “secondary movements” within the European Union (EU), the proposed amendment of the Directive establishes a broad understanding of the risk of absconding, which can justify detention, and expands the restrictions on asylum-seekers’ freedom of movement. The article argues that asylum detention under EU law pursues penal law objectives, such as deterrence and retribution. Restriction on freedom of movement, on its part, may amount to systematic surveillance. This observed crimmigration phenomenon is detrimental to migrants and refugees because the incorporation of criminal law objectives into asylum law has an asymmetric form. Although states subject non-citizens to increasingly punitive measures, the administrative label of immigration detention and restrictions on movement allows them to evade due process guarantees, which typically accompany criminal law proceedings. As the article proposes, appropriate interpretation and application of the principles of lawfulness and proportionality with respect to detention and restrictions on freedom of movement will help circumscribe the scope of the phenomenon of crimmigration under the EU asylum legislation.","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/rsq/hdaa015","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46134486","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The Protection and Assistance of Internally Displaced Persons under the Kampala Convention: An Institutional Approach 根据《坎帕拉公约》保护和援助国内流离失所者:一种体制办法

IF 1.2

Refugee Survey Quarterly Pub Date : 2020-12-03 DOI: 10.1093/rsq/hdaa014

R. Adeola

引用次数: 2

Internal Displacement, Internal Migration, and Refugee Flows: Connecting the Dots 国内流离失所，国内移民和难民流动:连接点

IF 1.2

Refugee Survey Quarterly Pub Date : 2020-12-01 DOI: 10.1093/RSQ/HDAA016

D. Cantor, Jacob Ochieng Apollo

引用次数: 7

The Presumption of Safety Tested: The Use of Country of Origin Information in the National Designation of Safe Countries of Origin 安全测试的推定:原产国信息在国家指定安全原产国中的使用

IF 1.2

Refugee Survey Quarterly Pub Date : 2020-11-28 DOI: 10.1093/rsq/hdaa030

F. Vogelaar

{"title":"The Presumption of Safety Tested: The Use of Country of Origin Information in the National Designation of Safe Countries of Origin","authors":"F. Vogelaar","doi":"10.1093/rsq/hdaa030","DOIUrl":"https://doi.org/10.1093/rsq/hdaa030","url":null,"abstract":"\u0000 The article examines the process of evidentiary assessment of Country of Origin Information (COI) by policy-makers. It particularly focuses on the evidentiary assessment of COI by the UK and the Netherlands in their decisions to designate Albania and Kosovo as Safe Countries of Origin (SCO). The article assesses the COI standards laid down in the European Asylum Support Office’s (EASO) Country of Origin Information Report Methodology, and whether, and how, these standards are applied by the UK and the Netherlands. The analysis shows that the UK and the Netherlands have in practice not given proper meaning to the standards in the EASO methodology. As a result, the Dutch and UK SCO policies on Albania and Kosovo lack a common and systematic approach to COI. The policies fail to show how information was assessed and why substantial weight was attached to information in the determination that there is in general no persecution in Albania and Kosovo. The analysis of the Dutch and UK SCO policies leads to the important conclusion that there is much room for the improvement of evidentiary assessment of COI at the level of the decision-maker and policy-maker, especially, with regard to the transparent presentation of the evidentiary assessment. The European Union should consider the adoption of the COI quality standards in binding EU legislation that would provide the proper basis for a common and systematic approach to COI that can truly improve convergence in asylum decision-making.","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/rsq/hdaa030","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41948545","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Refugee Participation Revisited: The Contributions of Refugees to Early International Refugee Law and Policy 重新审视难民参与：难民对早期国际难民法律和政策的贡献

IF 1.2

Refugee Survey Quarterly Pub Date : 2020-11-28 DOI: 10.1093/rsq/hdaa040

Tristan Harley

{"title":"Refugee Participation Revisited: The Contributions of Refugees to Early International Refugee Law and Policy","authors":"Tristan Harley","doi":"10.1093/rsq/hdaa040","DOIUrl":"https://doi.org/10.1093/rsq/hdaa040","url":null,"abstract":"\u0000 This article challenges the assumption that until relatively recently refugees or persons with lived refugee experience have not been involved in the development of international refugee law and policy. By drawing on primary source material – including the preparatory work for international legal instruments such as the 1933 Convention relating to the International Status of Refugees and the 1951 Convention relating to the Status of Refugees, along with the operational work of the League of Nations, the International Refugee Organization and the early years of United Nations High Commissioner for Refugees – this article argues that refugees and persons with lived refugee experience exercised significant influence and thought-leadership in the development of international refugee law and policymaking during the foundational years between 1921 and 1955. These contributions to the development of international refugee law and policy are significant because they not only reorient our understanding of the ways in which international law and policy pertaining to refugees has been developed and negotiated to date, but also because they provide a practical example of how refugees can more meaningfully be included in the creation of laws and policies that affect them going forward.","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/rsq/hdaa040","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45741851","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

The Reinvention of Immigration Detention in Italy in the Aftermath of the “Refugee Crisis”: A Study of Parliamentary Records (2013–2018) “难民危机”后意大利移民拘留的再创新：议会记录研究（2013-2018）

IF 1.2

Refugee Survey Quarterly Pub Date : 2020-09-01 DOI: 10.1093/rsq/hdaa012

G. Campesi

引用次数: 2

Hosting Asylum-Seekers and People Transiting through Milan as an Opportunity for Social Innovation 收容寻求庇护者和途经米兰的人是社会创新的机会

IF 1.2

Refugee Survey Quarterly Pub Date : 2020-09-01 DOI: 10.1093/rsq/hdaa006

Giuliana Costa

{"title":"Hosting Asylum-Seekers and People Transiting through Milan as an Opportunity for Social Innovation","authors":"Giuliana Costa","doi":"10.1093/rsq/hdaa006","DOIUrl":"https://doi.org/10.1093/rsq/hdaa006","url":null,"abstract":"\u0000 The State is responsible for hosting and protecting asylum-seekers and refugees, while policies and programmes are, instead, implemented at the local level. Local governance of forced migration can either reinforce exclusionist drivers imposed by national laws or effectively shape them through innovative practices, at times overcoming what is perceived as inadequate legislation, to manage the issue inclusively. This article describes Milan’s asylum-seekers and migrants in transit hosting system in 2014–2016 and discusses the extent to which the experience constituted an opportunity for social innovation in local welfare policies. Giving asylum-seekers sanctuary and dealing with the high and rapid inflow of people in transit created a unique approach (for Italy) that is still under-researched, unlike that of cities such as Amsterdam and Barcelona. The components of the “Milan Model” are identified, contextualised, and scrutinised by 46 interviews with key informants, including executives of Milan Municipality, managers of the city’s hosting facilities, social workers, journalists, Italian scholars, national and local social movement leaders, and volunteers and representatives of nationally coordinated associations.","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/rsq/hdaa006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45519186","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Refugee Rights Across Regions: A Comparative Overview of Legislative Good Practices in Latin America and the EU 跨区域的难民权利:拉丁美洲和欧盟立法良好做法的比较概述

IF 1.2

Refugee Survey Quarterly Pub Date : 2020-09-01 DOI: 10.1093/rsq/hdaa011

L. F. Freier, Jean-Pierre Gauci

{"title":"Refugee Rights Across Regions: A Comparative Overview of Legislative Good Practices in Latin America and the EU","authors":"L. F. Freier, Jean-Pierre Gauci","doi":"10.1093/rsq/hdaa011","DOIUrl":"https://doi.org/10.1093/rsq/hdaa011","url":null,"abstract":"\u0000 The office of the United Nations High Commissioner for Refugees (UNHCR) has identified a number of legislative good practices in Latin American asylum and refugee laws. At the same time, academics and policy-makers have long called for cross-regional comparative analyses of policies and laws to allow different regions to learn from each other’s best practices. In this article, we compare refugee legislations of Latin American countries with European Union protection standards based on UNHCR’s legislative good practices across three areas: (i) Core Principles and Scope of Protection; (ii) Procedural Safeguards and Guarantees for Vulnerable Groups; and (iii) Integration. We find that six of 19 refugee laws in Latin America provide more expansive protection than the Common European Asylum System framework, whereas other Latin American countries fall behind. The gap between Latin American legislations and European Union protection standards is closer regarding procedural safeguards, the protection of vulnerable groups, and integration provisions. Finally, Latin American countries, on average, score significantly below the European Union regarding the core principles of asylum and the scope of protection. In the second part of the article, we engage in a qualitative discussion of these legislative good practices to allow for cross-fertilization, and deliver policy recommendations.","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/rsq/hdaa011","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44435899","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 14

A Critical Analysis of the Kampala Convention from a Children’s Rights Perspective 儿童权利视角下《坎帕拉公约》的批判性分析

IF 1.2

Refugee Survey Quarterly Pub Date : 2020-06-29 DOI: 10.1093/rsq/hdaa009

C. Fawole

引用次数: 0