The future of claims to resist removal by non-nationals suffering from HIV/AIDS

The focus of this article is to consider the difficulties facing non-nationals suffering HIV/AIDS to resist removal to their countries of origin where there is no or inadequate medical treatment. The link between HIV/AIDS and migration will be explored illustrating the vulnerability of displaced people to the virus. The current UK legal position for those attempting to resist removal in such circumstances will be explored. The article will explore two potential avenues that may prevent removal of non-nationals with HIV/AIDS to countries with limited access to the necessary treatment. In the first instance consideration of Article 3 European Convention on Human Rights (ECHR) will be made with particular emphasis on mother and child claims. The second argument will examine the potential for refugee claims under Article 1A (2) Refugee Convention 1951 where an applicant may be able to demonstrate a well-founded fear of persecution because of membership to a particular social group. The authors will particularly emphasise the argument that in certain countries sufferers will experience ostracism and victimisation where its severity may amount to treatment contrary to Article 3 ECHR and persecution under the Refugee Convention. Vanessa Bettinson and Dr Alwyn Jones, senior lecturers, De Montfort University. The authors would like to thank Professor Tony Barnett at London School of Economics for his useful and invaluable thoughts and comments. We would also like to thank our colleague Gavin Dingwall and the students in our 2006/07 Immigration and Refugee Law seminars for their very helpful feedback.     

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.     

Folklore as a source for creating exile identity among Latvian Displaced Persons in post-World War II Germany

This article draws on archival and print materials produced by Latvian Displaced Persons during the years they lived in UNRRA refugee camps after World War II. Its focus is on the ‘how’ of their cultural production and identity formation in camps that were established to expedite repatriation but became instead contexts in which Latvians as social actors opposed the goals of authoritative others to endow experience with their own textual meanings. This essay demonstrates how they recontextualized a variety of folklore genres as flexible and powerful resources for addressing their existential crisis and for solidifying exile as the basis for living purposefully off the territory of ‘home.’     

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。     

“气候难民”的法学思考

全球气候变暖的趋势不断加剧,《京都议定书》之后的气候变化国际应对机制尚未建立,而当前位于低洼地区的岛国已经面临被迫举国迁移的严重威胁,"气候难民"一词应运而生。但"气候难民"能否获得"公约难民"的资格和待遇,能否获得有关的救济和保护,需要从理论和实践层面进行探讨,为解决这一问题提供相应的法律路径。     

Non-governmental organisations and the management of HIV and AIDS in refugee camps: A comparison of Marratane Camp in Mozambique and Kakuma Camp in Kenya

In recent years, a number of sub-Saharan African states appear to have placed restrictions on the operations of international non-governmental organisations (NGOs) within their state boundaries. Indeed, some commentators and academics have questioned the role NGOs should play in providing humanitarian aid to refugees and to what extent they are, or should be, involved in the political, cultural, economic and healthcare concerns and agendas of any state. However, the high HIV/AIDS prevalence in refugee camps in sub-Saharan Africa creates negative economic, social, political and security implications for their host states and many states lack the knowledge, experience and funds to manage the problem successfully. Within this context, this article examines and compares the role and effectiveness of two separate NGOs involved since 2001 in HIV/AIDS management programmes in two distinct refugee camps: Save the Children in Marratane Refugee Camp in Mozambique and the International Rescue Committee in Kakuma Refugee Camp in Kenya. NGO success in managing HIV/AIDS programmes is analysed according to UNHCR guidelines and specifically against four key aspects of HIVAIDS management; HIV/AIDS awareness, HIV/AIDS prevention, access to HIV healthcare services and the provision of treatment.     

SAME SEX,DIFFERENT RIGHTS: AMENDING U.S. IMMIGRATION LAW TO RECOGNIZE SAME‐SEX PARTNERS OF REFUGEES AND ASYLEES

Overcoming a long history of anti‐gay sentiment preserved in federal immigration law, the United States has made admirable advances during the past two decades in the protection it affords gay immigrants. Despite this promising progress, and in contrast to the practices of all other industrialized democracies, the United States remains firm in its refusal to federally recognize any form of same‐sex partnership, a decision which bears directly on those relationships considered valid for immigration purposes. The Uniting American Families Act (UAFA) represents the closest any proposed legislation has come to successfully granting immigration rights to gay immigrants. However, through its restrictive provisions, the UAFA fails to fully account for the needs of refugees, asylees, and their same‐sex partners. This Note argues that, while the UAFA is a step in the right direction, it does not go far enough to protect gay refugees and asylees. It further proposes that legislation be enacted which provides this unique segment of the immigrant population the opportunity to share their lives together, free from fear of persecution. It advocates for the use of the conjugal partner provision set out in Canada's Immigration and Refugee Protection Act as a template for changes to U.S. immigration law, thereby expanding the category of relationships viewed as valid for the purpose of immigration.     

Sovereignty, Migration and the Rule of Law in Global Times

This article argues that in the present era of globalisation, control over the movement of people has become the last bastion of sovereignty. This is important both to theoretical accounts of globalisation and to policy decisions by governments. Nation states threatened with loss of control in other realms are implementing a variety of 'crackdown' measures in questions of immigration. Issues of refugee law, illegal migration and skilled migration each challenge sovereignty in specific ways. While international human rights standards have made few inroads in questions of migration, recent decisions in England and Australia suggest that the rule of law may be emerging as a counter to traditional executive free reign in matters of migration law.     

The Birth of a 'Discipline': From Refugee to Forced Migration Studies

This essay seeks to understand and explain the birth of ForcedMigration Studies. It argues that the turn from Refugee Studiesto Forced Migration Studies must be viewed against the backdropof the history and relationship of colonialism and humanitarianism,as a certain commonality binds the past and present eras. Themove to Forced Migration Studies accompanies the inaugurationof a phase of political humanitarianism with a distinct accent,albeit encapsulated in new forms and issues, on ‘civilizing’the Other. In making this contention the paper distances itselffrom both the defenders and critics of the turn to Forced MigrationStudies. It inter alia contends that Refugee Studies, like ForcedMigration Studies, has served the geopolitics of hegemonic states.But since all knowledge is dual use, both have also had humanitarianeffects. But a greater degree of disciplinary reflexivity wouldgo a long way to ensure that the genuinely humanitarian strandin Forced Migration Studies prevails.