20世纪上半叶国际性难民组织与难民保护考察

1950年的联合国难民署、1951年的《难民公约》及1967年修订的《难民地位公约议定书》从制度与法律上对难民进行保护,是当今国际难民保护机制的核心角色。它是在两次世界大战前后成立的国际性难民组织的难民保护实践基础上建立和发展起来的。实际上,当今国际难民保护机制与早期难民组织提供难民保护面临的困境大体相似。本文通过考察20世纪上半叶成立的4个国际性的难民组织在难民保护上所起到的作用,并试图分析其局限性,以期为我们考察当今国际难民保护机制的持久性与它延续的可能性提供历史的与国际关系的分析视角。     

What's in a Name? The Nature of the Individual in Refugee Studies

The category of refugee has been problematic for both practitionersand social scientists because it is difficult to define an objectivecategory that satisfactorily brings the real world, ethics,and theory into harmony. In recent years many critiques havebeen made of the assumptions built into the legal refugee frameworkand efforts have been made to refine the concept from multipledisciplinary perspectives. This paper examines several underlyingassumptions of these discussions, including the category offorced migration, through a discussion of the example of Salvadoransin the United States in the 1980s. One assumption has been notedbut insufficiently theorized: the centrality of the individual.The person assumed by both the refugee and human rights regimesof the United Nations is a culturally-specific construct definingthe relationship between the individual and society in a waythat precludes an adequate understanding of refugees.     

Refugee Camp Economies

This paper describes the economy of a refugee camp. Key distortionsto the economy of Kyangwali Refugee Settlement in Uganda arenoted and the findings are used to construct a generic modelof a refugee camp economy. Camp economies are influenced byhost country policies, such as restrictions on refugees’movement and work, as well as by the physical and economic isolationof the site. Moreover, market outcomes interact with the natureof humanitarian assistance and the special demographic compositionof the refugees to determine the prices and quantities thatcharacterize the market. An awareness of the dynamics of therefugee camp economy has important implications for practitionersand scholars alike.     

In Search of 'Invisible' Actors: Barriers to Access in Refugee Research

The paper traces the early history of refugee research and showshow, from originally being prime movers in the research, refugeestoday have largely been reduced to invisibility. In the South,access to refugees held in camps is controlled by local governmentbureaucracies and by lead agencies, and may be severely restrictedor completely denied; in the North, refugees held in detentioncentres are equally difficult to access and even more disempowered.Examples are given of studies carried out in Sierra Leone, Sudan,Egypt, Kenya, Greece and the Former Soviet Union. The paperalso considers barriers to disseminating refugee research, andconcludes that now more than ever the duty of the researcheris to speak on behalf of refugees.     

Refugee Return Migration: Return Migration from Sweden to Chile, Iran and Poland 1973 1996

In this paper, return migration from Sweden to three sourcesof refugee immigration is analysed, with a focus on the effectof political change in 1990. Chilean immigrants reacted morestrongly to political liberalization in the home country thanPolish immigrants did, primarily due to more favourable economiccircumstances in Chile compared to Poland in the 1990s. In fact,the increase in Polish return migration propensity after 1990is not statistically different from the Iranian increase, inspite of the absence of political liberalization in Iran. Thereare significant cohort differences within the Chilean group,indicating an element of economically motivated migration withinthe last waves of Chilean refugee immigration in the late 1980s.Hence, successful implementation of schemes of voluntary returnmigration for refugees will not only be dependent on an improvedpolitical situation in the source country, but will also behighly dependent on economic circumstances.     

Refugee Law and Protection in Brazil: a Model in South America?

Brazil has been committed to International Refugee Law sincethe 1950s. For much of this period, however, the country wasunder a dictatorship which made the implementation of refugeeprotection precarious, although refugees and asylum seekerscould count on the assistance of UNHCR and its implementingpartners—NGOs connected to the Catholic Church which remainpartners of UNHCR till today. Following re-democratization,Brazil has not only passed a specific law on refugees, but hasevolved to become a resettlement country. These changes haveled Brazil to be regarded as a model in refugee protection inSouth America. This paper aims to assess whether or not Brazilis fulfilling the said role by describing the evolution of refugeelaw and protection in the country.     

Urban Refugees in Nairobi: Problems of Protection, Mechanisms of Survival, and Possibilities for Integration

This article examines the legal status and economic livelihoodsof refugees in Nairobi, focusing on Somalis, the largest urbanpopulation residing in the city. The results of the study challengethe Government of Kenya's (GOK) official position and the popularlocal perception that refugees are an economic burden, and showinstead that these urban refugees are economically self-sufficient.Despite this economic independence, conditions for most refugeesin Nairobi are extremely difficult. Urban refugees live largelywithout material assistance or legal protection from the GOKor UNHCR, are vulnerable to police arrest at any time and facehigh levels of xenophobia from the local population. By highlightingrefugee self-sufficiency in Nairobi, this article lends supportto the idea of local integration as a viable, durable solutionto their situation of protracted exile.     

The “Somalinisation” of terrorism and counterterrorism in Kenya: the case of refoulement

Kenya’s state discourse on terrorism and counterterrorism securitises Somali refugees and refugee camps. Using the securitisation theory, a perspective of social constructivism as a theoretical framework, the article attempts to establish the relationship between the securitisation of Somali refugees and refugee camps and refoulement as a measure to counter the securitisation. The arguments raised are the speech acts of Kenya’s securitising actors expressed in the terrorism discourse present Somali refugees and refugee camps as existential threats to peace and security in the country. Consequently, their speech acts expressed in the counterterrorism discourse present non-refoulement of the refugees as an existential threat to national security so as to justify, to the targeted audience, the adoption of refoulement, a norm-violating measure, to counter the fear of the threat of terrorism from Somali refugees and refugee camps. Terrorism and counterterrorism in Kenya have, therefore, been “Somalinised”. The conclusion offers ways of preventing the “Somalinisation” of terrorism and counterterrorism in Kenya.     

Contemporary Prevalence and Prevention of Micronutrient Deficiencies in Refugee Settings Worldwide

Scant research has been conducted that systematically evaluatesinterventions to reduce micronutrient deficiencies in refugeepopulations, despite documentation of considerable prevalenceand continued outbreaks of micronutrient deficiency among thesepopulations. Refugees are especially at-risk for micronutrientdeficiency given their circumstances of origin, current residentialenvironment, and typical dependence upon food aid. Interventionspromoting reduction of micronutrient deficiency in refugee settings,including food fortification and dietary diversification, arerarely systematically evaluated for impact in reducing micronutrientdeficiency in refugee populations. As a result, little is knownabout the most effective prevention strategies for reductionof micronutrient deficiency in refugees. In fact, evidence suggestsperhaps that nutritional interventions with demonstrated effectivenessin other populations and locales may not be readily adaptableto refugee situations. Sustainable prevention interventionsaimed at reducing micronutrient deficiency in refugee populationsneed to be implemented and tested systematically to create anevidence base for good practice.     

Forced Migration Studies: Could We Agree Just to 'Date'?

This essay questions the soundness of a scholarly shift awayfrom ‘refugee studies’ in favour of ‘forcedmigration studies’. It contends, first, that subsumingrefugee studies into the broader framework of forced migrationstudies may result in a failure to take account of the specificityof the refugee's circumstances which are defined not just bymovement to avoid the risk of harm, but by underlying socialdisfranchisement coupled with the unqualified ability of theinternational community to respond to their needs. Second, itargues that forced ‘migration’ (rather than, forexample, forced ‘migrant’) studies encourages afocus on a phenomenon rather than on the personal predicaments,needs, challenges, and rights of refugees themselves. It maythus contribute to a lack of criticality in relation to policieswhich subordinate refugee autonomy to the pursuit of more systemicconcerns. The first concern is illustrated by reference to theemergence of the ‘internally displaced persons’category, the second by reference to the determination to findand mandate ‘durable solutions’ to forced migration,including to the movement of refugees.     

'No! I'm Not a Refugee!' The Poetics of Be-Longing among Young Oromos in Toronto

This paper presents some findings from an empirical study carriedout with young Oromos living in Toronto. To capture the complexitiesof negotiating be-longing, the paper offers dispersal–affinity—anew conceptual framework empirically grounded in an innovativemethodological design. Using participants' narratives in theempirical material, the paper contests the dualism created betweenessentialist and constructionist perspectives. It employs dispersal–affinityto explore participants' understandings of ‘the refugee’and the wider processes of refugeeization and refugee be-longing.Findings suggest that be-longing is a project of selfhood thatis both fixed and constantly shifting. It is argued that be-longingis constructed from the same movements of selfhood within andthrough social relationships. Young Oromos employ both essentialistand constructionist discourses to weave multiple layers of fixedand mobile be-longing. Implications for refugee studies arediscussed wherein dispersal–affinity is offered to criticallyengage the recent debate on ‘deceit and trickery’among refugees.     

Hearts, as well as Minds: Wellbeing and Illness among Greek Cypriot Refugees

Recently the psycho-social health of refugees has rightly receivedemphasis, but the physical health of long-term refugees warrantssimilar attention. This paper uses qualitative and quantitativedata on informant-reported health outcomes for two Greek Cypriotvillage cohorts, one displaced, the other not displaced. Supplementarydata from a national diabetes prevalence study confirmed a possiblelink between refugee status and greater probability of cardiovascularillness. Depressive illness also seemed higher among the refugeevillage cohort. But it is not only the illness of some of theserefugees, but their surviving this, and the comparative wellnessof others which is important, compared with the ‘demographicshock’ victims of post-socialist Europe, 1989–1995.The paper suggests why the Greek Cypriots have done rather betterin health terms than the post-socialists of Eastern Europe,1989–1995, but argues that refugees in failing statesmay have much worse health outcomes.     

Frontier Justice: Legal Aid and UNHCR Refugee Status Determination in Egypt

Where UNHCR conducts refugee status determination (RSD), itsreactions to legal aid for asylum-seekers have been mixed. Statisticalevidence collected from Egypt in 2002 indicates a correlationbetween receiving some form of legal aid service and an asylum-seeker'sincreased chances of gaining refugee protection from UNHCR.Unconventional forms of legal aid, including limited servicesby supervised non-lawyers (including volunteers from the refugeecommunity) showed a positive impact on first instance cases,while traditional legal aid models showed an impact at the appealstage. Legal aid should form an essential part of UNHCR's RSDprocedures, and NGOs should work to expand both traditionaland innovative forms of legal aid for asylum-seekers.     

Mozambican refugee resettlement: survival strategies of involuntary migrants in South Africa

Five cases of individual Mozambique refugees who settled in the Rhulani settlement in the Gazankulu homeland of South Africa during the Mozambique civil war reveal that successful resettlement at war's end is dependent on living conditions in the home versus the refugee camps for Rhulani refugees. The case studies were selected from open ended interviews with about 48 individuals. Push factors are identified as follows: autonomy in refugee camps, level of support for refugees returning, the process of refugee settlement in camps and the level of socioeconomic development among exiled refugees, and the perception of refugees of safe political conditions in areas of origin. Pull factors are identified as level of cohesion in the refugee community, ethnic ties with the host community, and long length of stay and greater acculturation. The General Peace Agreement in 1992 and collaborative planning resulted in Rhulani refugee resettlement in areas of origin and refugees' return to Rhulani. The Mozambique resettlement areas were not viable settlements with access to productive activities and services but land and infrastructure ravaged by war. The Rhulani settlement included about 3000 refugees who lived across the road from the village of Lillydale (Nkwinyamahembe) in Mhala district. Most refugees came from the Magude province of Mozambique (Mapulanguene, Macaene, Chikwembu, and Savele villages). The case studies provide information about the nature of the involuntary migration, the stresses and adjustment strategies of refugees, and the physical and sociopolitical context of the process of settlement and resettlement. The case studies profile some of the refugees' experiences. This refugee population is unique in receiving little relief activity and by the role of the homeland government in restricting gainful employment, owning livestock, and use of only a 22 square meter plot of land. The case studies include a spokesperson for the refugees in the camp, an older man who had been a labor migrant in the South African mines, a woman whose husband had been a labor migrant, a 9-year-old child traveling with two sisters and his maternal grandfather, and a 55 year old former labor migrant and long-term Rhulani refugee resident.     

Containing the Refugee Crisis: How the EU Turned the Balkans and Turkey into an EU Borderland

The events that took place during the 2015-16 refugee crisis in the southeastern EU region boosted unprecedented bordering processes. Borders were reinforced and extended and a costly and difficult deal with Turkey was undertaken; the western Balkans were turned into a vast buffer zone made up of multiple buffer states with fences of all types and sizes; while Greece was ring-fenced and to this day struggles to manage thousands of refugees stranded in camps all over its territory. By seeking to contain the refugee flows, the EU turned its southeastern region into a fortified EU borderland.     

泰缅边境的缅甸难民问题

泰缅边境的缅甸难民问题已存在30年之久,目前仍未得到妥善解决。大量缅甸难民长期滞留在泰国境内,对泰国造成巨大负面影响的同时,也为泰北地方经济的发展贡献不菲。虽然缅甸的民主转型为缅甸难民问题的解决带来了希望,但难民问题已经发展到了不再是单纯的缅甸内政问题,难民问题的影响已经扩散至周边国家和地区,其最终解决仍需时日。     

Protection and Dignity in Johannesburg: Shortcomings of South Africa's Urban Refugee Policy

Since the end of apartheid, South African cities have becomedestinations for refugees and asylum seekers from across Africa.In line with its constitutional commitments to human rightsand dignity, South Africa has enacted a refugee policy intendedto maximize freedom and protection by promoting refugees' temporaryintegration into local communities. In doing so, the law guaranteesfreedom of movement, access to many social services, and rightsto compete in labour and housing markets. This article arguesthat because refugees and asylum seekers are effectively unableto convert these legal entitlements into effective protection,South Africa has failed to meet its domestic and internationalobligations. This argument draws particular attention to institutionalfailures in determining refugee status and issuing recognizableidentity documents; denial of essential social services; andabuse at the hands of law enforcement agents. It concludes bysuggesting a positive obligation for the state to counter thefull range of obstacles that prevent asylum seekers and refugeesfrom securing effective protection.     

Place and Afghan Refugees: A Contribution to Turton

This article contributes to the discussion on place/space/identityrecently re-opened by David Turton, who introduces the notionof ‘place-making project’ to describe the relationbetween a group of Ethiopian agro-pastoralists and place. Thisarticle aims to expand Turton's framework to situations otherthan the one he depicts, as well as to develop some of the conceptspresented therein. With reference to Afghans in Pakistan, thefollowing arguments are made. First, a vast array of overlappingplace-making projects simultaneously encompass territory andindividuals, attributing a different significance to them onthe basis of peculiar logics. Second, the interaction betweensuch projects has material effects on spatial and institutionalpractices of migration and assistance. Third, these materialeffects have different significance for refugees, since eachof them is differently encompassed by such projects. The articleconcludes by highlighting how such a framework can be used toassess power relations and challenge de-politicized narrativesof refugee protection and assistance.     

Radicalism of the Hopeless: Refugee Flows and Transnational Terrorism

We examine whether refugee flows increase transnational terrorism in states to which refugees flee. Recent studies find that refugee flows contribute to the spread of interstate and civil war, but to a far lesser extent have studies examined how refugee flows could lead to other forms of political violence. We discuss two ways in which refugee flows can lead to transnational terrorism: how conditions in camps contribute to the radicalization of refugees; and how poorly host states treat refugees. We then conduct empirical tests using data on worldwide international refugee flows and transnational terrorism. Specifically, we model the effect of refugee flows on transnational terror attacks within a directed dyad framework to account for characteristics of origin and host states. Using a rare-events logit model, along with count models to check robustness, we find that refugee flows significantly increase the likelihood and counts of transnational terrorist attacks that occur in the host country, even when controlling for other variables. Given the prominence of refugee flows and populations worldwide, the results suggest that states with significant refugee populations and the international community at large should take measures to address the conditions in refugee camps, as well as the treatment of refugees by host states in order to prevent transnational terrorism.     

Mainstreaming gender in refugee protection

The issues of gender-related persecution and violence against women have been put onto the international agenda, largely thanks to lobbying by feminist NGOs and transnational networks. There is a question, however, of how successfully this agenda-setting has translated into effective policy-making and policies that will increase the protection of women who are victims of gender-related persecution. One of the problems with policies to support women refugees and asylum seekers lies in a failure of transmission of the goals of gender sensitivity through all the various bureaux and representatives of a large bureaucratic organization such as the United Nations High Commissioner for Refugees (UNHCR). For nearly twenty years, since the early 1990s, the UNHCR has identified ‘refugee women’ as a policy priority, and yet, despite this prioritization of concerns about women refugees and gender issues in the asylum and refugee process, it could be argued that little progress has been made in implementation of policies on refugee women. This article will examine the way in which the concept of gender has been adopted within the UNHCR and the processes that have been put in place to mainstream gender within refugee protection activities. How far has mainstreaming managed to move policies to protect women beyond a mere focus on ‘vulnerable’ groups, and to integrate a gendered understanding of the global processes that produce refugees, and of the protection needs of these refugees?