Chief Executives Board

BACKGROUND GUIDE
Agenda: UN System Collaboration and Joint Action
for Provision of Humanitarian Aid, with Special
Emphasis on Refugees and Migrants

ST. STEPHEN’S MODEL UNITED NATIONS ‘18

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Contents

Letter from Director of Simulations .................................................................................................................................................. 3

Letter from the Executive Board ......................................................................................................................................................... 4
1. Definition of and distinction between key terms: ‘refugee’ and ‘migrant’ ............................................................... 5
2. International treaties, past actions, extradition, and asylum policies on refugees and migrants............. 10
3. Agencies dealing with refugees and migrants (highlighting the possible role of each organisation in
the agenda) .................................................................................................................................................................................................. 17
4. Ongoing Refugee Crises across the world .............................................................................................................................. 19
5. Support/Initiatives for refugee camps and rehabilitation of migrant groups into society .......................... 35
6. Climate change, natural disasters, and its effects ............................................................................................................... 44
7. Labour laws, visa policies, etc. relating to migrants ......................................................................................................... 47
8. Culture and language preservation ........................................................................................................................................... 55
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Letter from Director of Simulations

We are honoured and delighted to invite you to the tenth edition of St. Stephen’s Model
United Nations hosted by one of the most prestigious educational institutions of the
country and a collegiate society, The Planning Forum, started by Pt. Jawaharlal Nehru
himself. With a legacy of establishment going back to 1881, our college fosters the
essence of a transforming nation itself in its charming historical campus, and it is this
heritage which we wish to extend through the interactions at SMUN ‘18.

We, at SMUN, have come to recognize that in an exponentially expanding MUN culture in
the country, the academic pursuit and quest for debating the merits of ideas has been
waylaid somehow beneath the veneer of numbers. In our opinion, students have the
most to achieve and learn within the ambit of a college-level MUN when it is organized
without the dilutions in the academic impetus as seen in current conferences. Therefore,
it is our humble endeavour to bring quality dialogue back to the entire concept of
articulating diplomacy and informed decision making.

We shall gladly undertake this responsibility, with your participation, in making our five
passionately conceptualized committees a success, and helping us in providing a debate
which truly challenges the status quo as encompassed in areas as diverse as law,
disarmament or human rights, and a timeline of events—past and future.

My organizing committee and I look forward to hosting you in the February of 2018, at
the largest SMUN conference yet, which we hope will go a long way in providing you with
an opportunity to not only debate and learn, but also network, engage with our college’s
student body, and share in our vision for a competitive yet intellectually rewarding
conference. On behalf of the organizing committee of SMUN ’18 and The Planning Forum
of St. Stephen’s College, I invite you to an experience of three days, five committees, a
handpicked executive board, and a peek into what we fondly call the Stephania.

Regards,
Sanaa Alvira
Director of Simulations
The Planning Forum
St. Stephen’s College
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Letter from the Executive Board

Dear delegates,

Welcome to the simulation of the UN Chief Executives Board for Coordination at the
St. Stephen’s Model United Nations Conference, 2018. In these three days, we discuss
an agenda that, although discussed previously, remains unresolved—the issue of
delivering humanitarian aid, with special emphasis on refugees and migrants.

With the Arab Spring of 2011, an enormous series of changes was set in motion,
which culminated in the final outbreak of an immense numbers of refugees—humans
left bereft, homeless and almost without identities, out in the open, without much
hope or help to go back to the lives they once led.

While the idea of effective deliverance of humanitarian aid has been discussed earlier
at simulations, this one shall be different. Being the UN System Chief Executives
Board, we look at this agenda through a different lens. We shall be go behind the
scenes of mega aid projects, uncover what goes on under seemingly straightforward
processes, and then hopefully, discover where is it that the world and the UN are
collectively failing to deliver what they set out to do.

We simulate the United Nations at its highest decision-making platform as the

UNCEB. As you must have realised by now, this committee shall require much more
than basic research from your end. It shall require in-depth knowledge, which you
must seek to build at the earliest. Please do not limit yourselves to the just this guide.

Originality shall be rewarded, and mindless repetition, shunned. So, make sure you
give yourselves time to assimilate everything that you research upon.

All the best.

Anna Sinha Siddharth Chittal

Secretary General Deputy Secretary General
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Agenda: UN System Collaboration and Joint Action for Provision of

Humanitarian Aid, with Special Emphasis on Refugees and Migrants

1. Definition of and distinction between key terms: ‘refugee’ and

‘migrant’
Who Is a Refugee?

The term "refugee" conjures up a melange of bleak images: a teeming boat adrift on
the South China Sea, a bloated child in Bangladesh, a shantytown reduced to rubble
in Beirut. Determining conceptually (if not politically) who is, or is not, a refugee
would appear to be a relatively simple matter. A refugee, we might say, is a person
fleeing life-threatening conditions. In daily parlance and for journalistic purposes, this
is roughly the meaning of refugeehood. Predictably, in legal and political circles,
among those officials who formulate refugee policies for states and international
agencies, the meaning is considerably more circumscribed. The predominant,
generation-old conception advanced by international instruments, municipal
statutes, and scholarly treatises identifies the refugee as, in essence, a person who
has crossed an international frontier because of a well-founded fear of persecution.

Types of Refugees:

• Humanitarian

• Environmental

• Economical

Refugees: A Comprehensive Understanding

Since the beginning of 2015, an unprecedented number of people from Middle

Eastern and African countries have been crossing borders into and within Europe,
traversing the Mediterranean, the Balkans, and the English Channel. The images of
dead bodies, of drenched refugees on overloaded rickety boats, and of families
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climbing frantically through border fences made of barbed wire form the basis of our
common perception of "refugee crisis". The figure of Aylan Kurdi, whose tiny body
was washed ashore on a Turkish beach, sparked international public outcry and has
led to a drastic shift in their perception. Refugees, who were earlier viewed as threats
to national security, have now become objects of sympathy and of affirmative action.
This refugee crisis has turned immigration, asylum, border control, and state
sovereignty into interconnected problems, making migration not only a political
event but also a massive media spectacle. This makes it imperative to obtain a
coherent understanding of the term "refugee" and mark a clear demarcation with
respect to the other terms associated with it in order to provide solutions to the
problems confronting refugees.

The term ‘refugee', like the people it describes, can cover a lot of ground. Politicians,
academics, and the media approach the word from different angles and have varying
ideas of the rights, roles and the responsibilities that the term implies. The Macquarie
dictionary definition of a refugee is "one who flees for refuge or safety, especially to a
foreign country, as in the time of political upheaval, war, etc." According to the
United Nations High Commissioner for Refugees, in its 1999 Statistical Overview,
refugees are persons recognised under the 1951 Refugee Convention; persons
recognised under the 1969 Organisation for African Unity Convention on Refugee
Problems in Africa; persons granted humanitarian or comparable status; persons
granted temporary protection. The 1951 United Nations Convention defines a
refugee as an individual who, "owing to a well-founded fear of being persecuted for
reasons of race, religion, nationality, membership of a particular social group or
political opinion, is outside the country of his nationality and is unable or, owing to
such fear, is unwilling to avail himself of the protection of that country”. As this
definition did not provide recognition to situations of mass flight from war, the
Organisation for African Unity, in its 1969 Convention, expanded the definition of
refugees to include not only individuals subject to persecution, but also every person
who—in the words of the OAU Convention—"owing to external aggression,
occupation, foreign domination, or events seriously disturbing the public order...is
compelled to leave...to seek refuge in another place outside his country of origin or
nationality". The Cartagena Declaration, adopted in 1984 by a group of Latin
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American states, added massive human rights violations to this list. Though it is not a
treaty, the Declaration carries considerable moral force in the region and beyond.

The concept of refugees fleeing persecution is instrumental to their identification

However, the term "persecution" is open to many interpretations. In the words of
Jeremy Harding, the order of difficulty that prevails in some parts of the world is akin
to persecution. It may either constitute state-sponsored actions or in some cases,
persecution may be a cultural, social, or religious practice. Persecution may also be
gender-specific or directed against certain sections of society. For example, women
being oppressed under the Taliban regime and the violation of rights of the LGBT
community are acts of persecution. For easier understanding, refugees can be
classified into economic refugees, who are people impelled to flee from poverty and
lack of opportunity, political refugees, who include people fleeing political
persecution, and humanitarian refugees, who are people fleeing humanitarian crises,
torture, etc.

International law and norms make a distinction between migrants—those who

voluntarily leave their home countries—and refugees. States are generally supposed
to accept refugees, but they do not have to accept migrants. Asylum seekers are
similar to refugees in their status, but the countries they flee to do not formally
declare them as refugees. They enter or remain in a country either legally, as a
visitor/tourist/student or illegally, with no/fraudulent documentation, and then claim
refugee status under the terms of the 1951 United Nations Convention Relating to
the Status of Refugees. Convention refugees are people who have been found to
engage protection obligations, and are accorded refugee status, and thus the right to
remain within a signatory country, under the terms of the 1951 Refugee Convention.
Internally Displaced Persons (IDPs) are people who had to leave their homes but have
not left their own country. These people are forced to flee their homes but never
cross an international border. These individuals seek safety anywhere they can find
it—in nearby towns, schools, settlements, internal camps, even forests and fields.
Unlike refugees, IDPs are not protected by international law and are not eligible to
receive many types of aid because they are legally under the protection of their own
government. Kashmiri Pandits that fled the Kashmir Valley in the early 1990s are an
example of an internally displaced community. Stateless persons, such as the Bedouin
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in Kuwait or Iraq and Burmese people in Thailand or Malaysia, are commonly

discriminated against by certain groups, negating their nationality or national
identity. They are not in possession of identification or citizen certification, excluding
them from access to basic human rights, including healthcare, education,
employment, and other government services. Returnees are former refugees who
have returned to their home countries after fleeing.

According to the latest surveys conducted by the UNHCR, 65.6 million people around
the world have been forced to leave their homes. Among them are nearly 22.5 million
refugees, over half of whom are under the age of 18. There are also 10 million
stateless people who have been denied a nationality and access to basic rights such
as education, healthcare, employment, and freedom of movement. As a result of
conflict or persecution, 20 people are forcibly displaced every minute. Of these, the
largest displaced population consists of Syrians who have fled a devastating conflict
that has been marked by the widespread use of torture, targeting of civilians, and use
of bombs. They have mostly settled in neighbouring countries, including Turkey (2.8
million), Lebanon (1.07 million), Jordan (6,55,000), and Iraq (2,31,000). The vast
majority of Syrian refugees remain in the Middle East. Almost 10% of Afghanistan's
entire population is living as refugees with about 2.7 million people from Afghanistan
living as refugees. Somali refugees are in the world's most protracted refugee
situation, with second and third generations of Somali refugees being born into exile.
Sudan, South Sudan, Eritrea, and the Central African Republic are other countries of
refugee origin.

Mobilisation of efforts for protection and empowerment of refugees around the

world is highly dependent on grasping the concept and meaning of various relevant
terms, along with analysing their scope and significance in the wider discourse. This
understanding requires the coordinating actions and motivations of governments, aid
workers, academics, and the media, to generate awareness among the public and
instil a sense of responsibility among the authorities. Complicated as they are,
attempts to shed light on all of these topics are vital and are beneficial for achieving a
public understanding of these problems, formulating better policies for facilitating
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the proper cognisance of the problems suffered by refugees and their alleviation to a
greater extent.

References

1.www.unhcr.org.in

2.www.globalfootprints.org

3.www.opensocietyfoundations.org

4.www.refugeesmigrants.un.org
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2. International treaties, past actions, extradition, and asylum policies on

refugees and migrants
Article 38 of the Statute of the International Court of Justice (ICJ):

1. International conventions (treaties) establish written rules that are binding on

states that have signed and ratified the conventions. Treaties are contractual in
nature, between and among states, and governed by international law.

2. International custom establishes unwritten rules that are binding on all states,
based on general practice. Their binding power is based on implied consent,
evidenced by (a) virtually uniform state practice over time and (b) a belief that such
practice is a legal obligation (opinio juris). Thus, for rules to become part of
international customary law, states must follow them, not out of convenience or
habit, but because they believe they are legally obligated to do so.

3. General principles of law recognised by civilised nations include peremptory norms

(jus cogens), from which no derogation is allowed—for example, the principles
contained in the United Nations Charter that prohibit the use of force except in self-
defence. There is an ongoing debate, however, about which particular rules have
achieved jus cogens status.

4. Judicial decisions and the teachings of the most highly qualified publicists of
various nations are subsidiary means for the determination of rules of law. While
court decisions and scholarly legal work are not sources of international law, they are
considered important in recognising the law and interpreting and developing the
rules sourced in treaties, custom, and the general principles of law.

However, some states, academics, and jurists highlight that court judgements, the
ICJ's advisory opinions and UN General Assembly Resolutions (often classified as ‘soft
law') are becoming increasingly influential in the development of the law. In
particular, it is argued that they play a role in the establishment of customary
international law.

For example, the ICJ’s decisions that certain treaty provisions in international
humanitarian law have the status of customary international law have sometimes led
states not party to the treaty to view themselves as bound to comply with its
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obligations. In addition, the ICJ noted in its 1996 advisory opinion regarding the
Legality of the Threat or Use of Nuclear Weapons that General Assembly resolutions,
while not binding, may provide evidence for establishing the existence of a rule or the
emergence of opinio juris, required for international custom.

Refugee Law and Policy

Millions of people around the world have been forcibly displaced due to conflict,
natural disaster, or persecution, seeking refuge either within or beyond the borders
of their country. Leaving everything behind in one life and beginning another in a
different country with different laws and policies is a mammoth task which requires a
long period of adjustment. Also, the life-threatening circumstances under which
refugees and asylum seekers depart from their country make survival difficult for
them. In their host country, they face challenges of housing, employment, racism,
discrimination, etc. The UN national governments and global bodies are engaged in
an ongoing discussion of international policy issues to address the concerns of
refugees and ensure their protection.

The 1951 Refugee Convention and its 1967 Protocol are the only international orders
in place protecting refugees. It lays the foundations of the international refugee
system and provides the legal foundation for helping refugees and the basic statute
guiding UNHCR's work. Signed on 28 July 1951 in Geneva by 144 countries, the 1951
Refugee Convention is a United Nations multilateral treaty that defines who a refugee
is and sets out the rights of individuals who are granted asylum and the
responsibilities of nations that grant asylum. The Convention also defines which
people do not qualify as refugees, such as war criminals. The Convention also
provides for some visa-free travel for holders of travel documents issued under the
Convention. It was initially limited to protecting European refugees from before 1
January 1951 (after World War II), though states could make a declaration that the
provisions would apply to refugees from other places. The 1967 Protocol removed
the time limits so that it could apply to refugees "without any geographic limitation”.
This treaty builds on Article 14 of the 1948 Universal Declaration of Human Rights,
which recognizes the right of persons to seek asylum from persecution in other
countries. Obligations under the Convention fall squarely onto the receiving state and
come into effect after the asylum seeker has entered its territory and made a claim
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for refugee status. The most basic principle, or core obligation, of signatory states is
that of 'non-refoulement', i.e., not sending someone back to a situation where there
they might face persecution. Another important obligation is not to penalise asylum
seekers for entering a signatory country illegally. The rights of refugees mentioned in
the Convention include:

● The right not to be expelled, except under certain, strictly defined conditions;
● The right not to be punished for illegal entry into the territory of a Contracting
State;
● The right to work;
● The right to housing;
● The right to education;
● The right to public relief and assistance;
● The right to freedom of religion;
● The right to access the courts;
● The right to freedom of movement within the territory;
● The right to be issued identity and travel documents.

India has signed neither the 1951 United Nations Refugee Convention nor its 1967
Protocol. However, India is home to diverse groups of refugees, ranging from
Buddhist Chakmas from the Chittagong Hill Tracts of Bangladesh to Muslim Rohingyas
from Myanmar and small populations from Somalia, Sudan and other sub-Saharan
African countries who are treated in a generous manner. India does not have any
refugee-specific legislation but provides material and humanitarian help to refugees.
The Constitution of India guarantees certain Fundamental Rights to refugees such as
the right to life and liberty, the right to equality and all other rights which are enjoyed
by its citizens too.

Countries in Europe in follow Common European Asylum System (CEAS) which is a set
of EU laws that were completed in 2005. They ensure that all EU member states
protect the rights of refugees and asylum seekers. It sets minimum standards and
procedures for deciding the treatment of refugees. The Dublin Regulation stipulates
that EU member states can choose to return asylum seekers to their country of first
entry to process their asylum claim, so long as that country has an
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effective asylum system. The statutory regime governing asylum and immigration in
the UK is contained in the Immigration Act of 1971 and the Immigration Rules. The
1971 Act makes it an offense for aliens to enter the UK without obtaining leave to
enter. The UK's national laws are subject to the 1951 UN Convention. Although it is
not directly incorporated into UK domestic law, its provisions influence the
formulation of immigration rules.

The United States has long accepted migrants who would be identified under current
international law as refugees. In the wake of World War II, the United States passed
its first refugee legislation to manage the resettlement of some 6,50,000 displaced
Europeans. Throughout the Cold War, the United States accepted refugees fleeing
from Communist regimes, such as those in Eastern Europe, China, and Cuba, but the
country's official federal effort to resettle refugees, the U.S. Refugee Admission
Program (USRAP), was created after the passage of the Refugee Act of 1980. The
1980 legislation, signed by President Jimmy Carter, established permanent
procedures for vetting, admitting and resettling refugees into the country,
incorporated the official definition of the term ‘refugee’, increased the number of
refugees to be admitted annually to fifty thousand, and granted the president
authority to admit additional refugees in emergencies. In 2016, President Obama
increased an earlier approved ceiling of eighty thousand to allow an additional five
thousand refugees as part of an effort to address a growing migration crisis caused by
the worsening situation in Syria. Obama also proposed that the United States set a
ceiling of 1,10,000 refugee admissions for the fiscal year 2017. President Trump
reversed President Obama's proposed ceiling by capping the number of refugees
allowed into the country in the fiscal year 2017 at fifty thousand. A January 2017
executive order by President Trump called for temporarily prohibiting the entry of
nationals of seven Muslim-majority countries (Iran, Iraq, Libya, Somalia, Sudan, Syria,
and Yemen), a tightening of visa restrictions on those countries imposed by the
Obama administration. It also indefinitely barred all Syrian refugees. In June, the
Supreme Court partially upheld that ban but ruled that anyone with a "bona fide"
relationship to the United States would be exempt; the administration said
relationships with a resettlement agency would not qualify.
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Australia has an oppressive refugee policy under which asylum seekers who travel to
the country by boat are prevented from ever settling here. This holds even if they are
legally found to be genuine refugees. They are deported to poorer neighbouring
countries like Nauru and Papua New Guinea.

Global response of international communities to refugees consists of four main

options. First is repatriation by which refugees are assisted with the process of return
to their homelands and are also provided with aid to rebuild their lives there.
Voluntary repatriation is the return of refugees to their home country, of their own
free will. Refugees are often asked to return when conditions have improved in their
country. The second option is local integration which occurs when refugees seek to
attain rights similar to those enjoyed by the citizens of the country. This option is
fraught with challenges as it may lead to tensions between the local people and the
refugees over sharing of resources such as land and food. The third option which can
be used by host countries is resettlement, which is the organised movement of
refugees from refugee camps or other temporary situations to a third country where
they can live permanently. Most countries assist refugees in making a new home
outside their own country. They have to grant the same rights and assistance to
refugees that they grant to their citizens and other legal residents. The fourth option
is humanitarian aid that includes all the material and logistic assistance given to
refugees.

The Syrian refugee crisis, which has been described as the “biggest humanitarian and
refugee crisis of our time” by UNHCR, elicited different responses from different
countries. German Chancellor Angela Merkel introduced an open-door policy through
which approximately 3,00,000 refugees were granted asylum. Despite its proximity
and economic development, Israel refused to take any Syrian refugees. Turkey is the
biggest host for Syrian refugees, with around two to three million refugees living in
camps there. Sweden adopted a policy of granting all asylum seekers permanent
residency as well as residency for their families. Australia provided 5,800 spaces for
resettlement and a special humanitarian program. The US Department of State
agreed to accept 10,000 refugees in 2016. In UK, 216 Syrian refugees were accepted
under a relocation programme. Denmark undertook 390 resettlements while Norway
has provided 9000 resettlements to Syrian refugees.
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Unprecedented large-scale migration from Syria, Greece, and other countries has
prompted countries and international bodies to rethink their strategies and develop
new sustainable ones. The UN General Assembly (UNGA) convened a high-level
plenary meeting on addressing large movements of refugees and migrants on 19
September 2016, following which the Secretary General submitted his
recommendations on 9th May. The first ever World Humanitarian Summit (WHS) was
held in Istanbul which set its goal to look at ways of ensuring a "global approach to
manage forced displacement, with an emphasis on ensuring hope and dignity for
refugees or internally displaced people and support of host countries and
communities." In the UN General Assembly High Level meeting, member states
reached consensus on a powerfuldocument: The New York Declaration for Refugees
and Migrants which “expresses the political will of world leaders to save lives, protect
rights, and share responsibility on a global scale”. In March 2017, the UN Secretary
General appointed Louise Arbour of Canada as his Special Representative for
International Migration.

The UN has described the latest mass exodus of Rohingya Muslims from Myanmar as
"the world's fastest-growing refugee crisis" and "a textbook example of ethnic
cleansing". Even though it is not a signatory to any UN refugee convention, India has
a proud tradition of giving a home to neighbours in distress, from Tibetans in the 960s
to East Pakistanis in the 1970s, from Sri Lankans in the 1980s to the Afghans in the
1990s. However, India has failed to take a concrete stand on the Rohingya situation
despite being a neighbour to both Myanmar and Bangladesh. PM Modi refused to
refer to the Rohingya in his press statements in Naypyidaw in early September. Nor
did India refer to anything other than the terror strike by the Arakan Rohingya
Salvation Army while discussing the violence in Rakhine. In Bali, India refused to
endorse a 50-nation parliamentarian conferences declaration because it referenced
the Rohingya. On her visit to Bangladesh, the Foreign Minister did not visit the camps,
which is a sharp contrast from its earlier record. India has launched Operation
Insaniyat—a food aid programme—under which it is shipping food, medicines, and
other relief materials daily to Dhaka. Most of the Rohingyas are currently living
undocumented in various parts of India, with 10,000 in Jammu alone. There are
security-related factors involved in providing asylum as the influx of refugees can
cause a strain on local infrastructure and resources and also affect the demographic
 16

balance, with Jammu already being a source of tension. India is currently working on
devising a balanced approach to deal with the impending crisis that affects India to a
great extent politically and administratively.

Refugee crisis situations require the international response to be more robust and
collaborative among a variety of stakeholders to address their problems. States
should take an active role in enabling the refugees to lead a life of peace and dignity.
It is the responsibility of India and other countries to work together for creating
durable solutions to the problems confronting refugees and asylum seekers. Ratna
Omidvar, Independent Senator for Ontario, has outlined solutions for dealing with
the refugee crisis. She argues that displacement of people from Syria and Somalia is
long-term and requires a shift from building temporary structures to permanent
structures which can support their survival. States should tackle inequality among the
local people so that they do not feel threatened about the entry of refugees.
Resettlement commitments need to be honoured and raised by the states. Issues of
global governance need to be readdressed so as to develop a common ground on
which various states can cooperate to provide protection to refugees.

References

1. www.refugeemigrants.un.org
2. www.concernusa.org
3. www.huffingtonpost.ca
4. www.weforum.org
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3. Agencies dealing with refugees and migrants (highlighting the possible

role of each organisation in the agenda)
UNHCR (United Nations High Commissioner for Refugees) is UN's refugee agency.
UNHCR is governed by the UN General Assembly and the Economic and Social Council
(ECOSOC). The activities or rather the UNHCR itself is represented by the High
Commissioner who is appointed by the UN General Assembly. This agency is
dedicated to saving lives and protecting rights of refugees all around the world. Their
helping hand reaches not only refugees but also returnees, stateless people, the
internally displaced and asylum-seekers. UNHCR provides instruments for advocacy,
cash-based interventions, provides asylum and migration facilities, coordinates
assistance, and safeguards individuals. UNHCR aims at the upliftment of these groups
of people by promoting basic needs such as education and public health among them
and by providing a livelihood.

The International Rescue Committee (IRC) is a global humanitarian aid, relief, and
development non-governmental organization founded in 1933 at the request of
Albert Einstein. IRC is an international NGO that assists refugees and asylees with
resettlement in the United States and other countries. This agency mainly deals with
refugees and responds to the world's worst humanitarian crises. Its main agenda is to
help refugees and other humanitarian immigrants become self-sufficient. The IRC is
not directly affiliated to the UNHCR. However, the UNHCR will ultimately determine if
a case is valid and whether the refugee/asylee is eligible for resettlement to any of
the international resettlement countries.

Church World Service (CWS) was founded in 1946 and is a cooperative ministry of 37
Christian denominations and communions, providing sustainable self-help,
development, disaster relief, and refugee assistance around the world. It aims to
promote peace and justice at the national and international level through
collaboration with partners abroad. Their immigration programmes focus on helping
individuals realise their dreams of gaining legal status. CWS was one of the founding
members of a global partnership of faith-based humanitarian agencies, ACT Alliance,
with members in 140 countries. ACT Alliance provides a dynamic environment for
collaboration in responding to human needs around the world.
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The International Organization for Migration (IOM), established in 1951 as the

Intergovernmental Committee for European Migration (ICEM), is an
intergovernmental organization that provides services and advice concerning
migration to governments and migrants, including internally displaced persons,
refugees, and migrant workers. IOM has several strategic foci but its chief aim is to
help in meeting the growing operational challenges of migration management,
advance understanding of migration issues, encourage social and economic
development through migration and uphold the human dignity and well-being of
migrants.

The International Committee of the Red Cross (ICRC) is a private humanitarian

organization founded by Geneva citizens in 1863. It is a private organization and is
controlled by no government. The work of ICRC is based on those of the International
Red Cross and Red Crescent Movement and the resolutions of the International
Conferences of the Red Cross and Red Crescent. It acts in response to emergencies
and at the same time promotes respect for international humanitarian law and its
implementation in national law. It works to restore family links and build respect for
the law. It promotes economic security and health. ICRC’s help extends to civilians,
women, children, detainees, refugees and displaced people, migrants as well as
displaced people.

Refugees International is an independent humanitarian organization that accepts no

government or UN funding. Refugees International was founded by Sue Morton in
1979 as a citizens' movement to protect Indo-Chinese refugees. They believe in first-
hand interactions with refugees and are essentially an independent agency. This
organization advocates lifesaving protection and assistance for displaced people and
promotes solutions to displacement crises. Refugees International advocates for
refugees through diplomacy and the press.

Often, in most cases, there is a growing need for respect, acknowledgment, and
better relationships. Therefore, other than the ICJ and the PCA, we require certain
sound processes like efficient on-ground mediation to minimize the harm that arises
from disagreement and maximize areas of agreement. Hence, the role of the ICJ and
the PCA, that is“sometimes viewed as unwanted influence" in the development of
law and in particular, that of customary international laws, can be minimized.
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4. Ongoing Refugee Crises across the world

•Palestinian Issue Implication

•Libyan Issues of Slavery

•Rohingya Crisis

•South Sudan

•Somalia

•Afghanistan

Syria
The Syrian conflict has created the worst humanitarian crisis of our time. Half the
country’s pre-war population—more than 11 million people—has been killed or
forced to flee their homes.
Families are struggling to survive inSyria, or make a new home in neighbouring
countries. Others are risking their lives on their way to Europe, hoping to find
acceptance and opportunity. Harsh winters and hot summers make life as a refugee
even more difficult. At times, the effects of the conflict can seem overwhelming.
According to the UN, $4.6 billion was required to meet the urgent needs of the most
vulnerable Syrians in 2017, but less than half (only $1.7 billion) has been received.

When did the crisis start?

Anti-government demonstrations began in the March of 2011, as part of the Arab
Spring, but the peaceful protests quickly escalated after the government's violent
crackdown after which armed opposition groups began fighting back.
By July, army defectors had loosely organized the Free Syrian Army and many civilian
Syrians took up arms to join the opposition. Divisions between secular and religious
fighters and between ethnic groups continue to complicate the politics of the conflict.

What is happening to Syrians caught in the war?

Nearly eight years since it began, the war has killed more than 4,80,000 people.
Crowded cities have been destroyed and horrific human rights violations are
widespread. Basic necessities like food and medical care are sparse.
 20

The UN estimates that 6.3 million people are internally displaced. When you also
consider refugees, well over half of the country’s pre-war population of 22 million is
in need of urgent humanitarian assistance, whether they still remain in the country or
have escaped across the borders.
The situation in Syria went from bad to worse when outside parties became involved
in the conflict in the fall of 2015. As the conflict intensifies, the teams on the ground
have seen an increase in the number of civilian casualties and families forced to leave
their homes in search of safety.
In December 2016, fighting in Aleppo City intensified and the warring parties came to
an agreement to evacuate East Aleppo. People were forced to flee their homes and
the city they had lived in all their lives, leaving their belongings behind. Now, even
more Syrians have been displaced.

What is happening in Raqqa?

Raqqa is located in northern Syria, along the northeast bank of the Euphrates River.
Prior to the war, it had a population of around 2,20,000, making it Syria’s sixth-largest
city. ISIS captured the city in 2013 and one year later, declared it as its capital in Syria.
Approximately 200,000 people fled in the battle for Raqqa and displacement camps
are overflowing.
In October 2017, the city was retaken from ISIS, but the humanitarian crisis is far from
over. The UN estimates that 80% of the city is now uninhabitable, water sources have
been damaged by the conflict and there are no health services available in the city.
Families are eager to get home or to find more permanent shelter. No one wants to
spend this winter under a tent.

Where are they fleeing to?

More than 6.3 million people have fled their homes and remain displaced within
Syria. They live in informal settlements, crowded with extended family or sheltering
in damaged or abandoned buildings. Some people survived the horrors of multiple
displacements, besiegement, hunger, and disease, and fled to areas where they
thought they would be safe, only to find themselves caught up in the crossfire once
again. Across northern Syria, we are seeing that 20-60% of the population is made up
of people who have had to flee their homes—many of them more than once.
Millions of Syrian refugees are living in Jordan and Lebanon, where Mercy Corps has
been addressing their needs since 2012. In the region’s two smallest countries, weak
infrastructure and limited resources are nearing a breaking point under the strain.
 21

In August 2013, more Syrians escaped into northern Iraq at a newly-opened border
crossing. Now, they are trapped by that country's own internal conflict, and Iraq is
struggling to meet the needs of Syrian refugees on top of more than 3 million
internally displaced Iraqis. More than 3 million Syrian refugees have fled across the
border into Turkey, overwhelming urban host communities and creating new cultural
tensions.
Many Syrians are also deciding they are better off starting over in Europe, attempting
the dangerous trip across the Mediterranean Sea from Turkey to Greece. Not all of
them make it across alive. Those who do make it still face steep challenges—
resources are strained, services are minimal, and much of the route into western
Europe has been closed.

How are people escaping?

Thousands of Syrians flee their country each day. They often decide to finally escape
after seeing their neighbourhoods attacked or family members killed.
The risks on the journey to the border can be as high as staying: Families walk for
miles through the night to avoid being shot at by snipers or being caught by warring
parties who will kidnap young men to fight for their cause.

How many refugees are there?

According to the UN, more than 11 million Syrians have been displaced from their
homes—enough people to fill roughly 200 Yankee Stadiums. This includes about 5.2
million refugees who have been forced to seek safety in neighbouring countries.
Every year of the conflict has seen an exponential growth in refugees. In July 2012,
there were 1,00,000 refugees. One year later, there were 1.5 million. That tripled by
the end of 2015. There are now 5.2 million Syrians scattered throughout the region,
making them the world's largest refugee population under the United Nations'
mandate. It is the worst exodus since the Rwandan genocide 23 years ago.

Do all refugees live in camps?

Only 1 in 11 Syrian refugees live in camps. The rest are struggling to settle in
unfamiliar urban communities or have been forced into informal rural environments.
Jordan’s Zaatari, the first official refugee camp that opened in July 2012, gets the
most news coverage because it is the destination for newly-arrived refugees. It is also
the most concentrated settlement of refugees: Approximately 80,000 Syrians live in
Zaatari, making it one of the country’s largest cities.
 22

The formerly barren desert is now crowded with acres of white tents, makeshift
shops line a “main street” and sports fields and schools are available for children.
Azraq, a camp that was opened in April 2014, is carefully designed to provide a sense
of community and security, with steel caravans instead of tents, a camp supermarket
and organized "streets" and "villages".
Because Jordan’s camps are run by the government and the UN—with many partner
organizations like Mercy Corps coordinating services—they offer more structure and
support. However, many families feel trapped, crowded, and even farther from any
sense of home, so they seek shelter in nearby towns.
Iraq has set up a few camps to house the influx of refugees who arrived in 2013, but
most of the families are living in urban areas. In Lebanon, the government has no
official camps for refugees, so families establish makeshift camps or find shelter in
derelict, abandoned buildings. In Turkey, the majority of refugees are trying to
survive and find work, despite the language barrier, in urban communities.

What conditions are refugees facing outside camps?

Some Syrians know people in neighbouring countries, who they can stay with, but
many host families are already struggling on meagre incomes and do not have the
room or finances to help as the crisis drags on.
Refugees find shelter wherever they can. Our teams have seen families living in
rooms with no heat or running water, in abandoned chicken coops and in storage
sheds.
Most refugees must find a way to pay rent, even for derelict structures. Without any
legal way to work in Jordan and Lebanon, they struggle to find odd jobs and accept
low wages that often don’t cover their most basic needs. The situation is slightly
better in the Kurdish Autonomous Region of northern Iraq, where Syrian Kurds can
legally work, but opportunities are now limited because of the conflict there.
Language is still a barrier.
The lack of clean water and sanitation in crowded makeshift settlements is an urgent
concern. Diseases can spread easily and are more life-threatening without enough
medical services. In some areas with the largest refugee populations, water shortages
have reached emergency levels; the supply has been as low as 30 litres per person
per day, one-tenth of what the average American uses.
The youngest refugees face an uncertain future. Some schools have been able to
divide the school day into two shifts and make room for more Syrian students, but
 23

there is simply not enough space for all the children and many families cannot afford
the transportation to get their kids to school.

How many refugees are children?

According to the UN, almost half of all Syrian refugees—roughly 2.5 million—are
under the age of 18. Most have been out of school for months, if not years. About
35,000 school buses would be needed to drive every young refugee to school.
The youngest are confused and scared by their experiences, due to the lack of a sense
of safety and belonging. The older children are forcedto find work and take care of
their family in desperate circumstances.
One demographic that is largely overlooked is adolescents. Through Mercy Corps’
extensive work in and around Syria, we continuously witness young adults and
adolescents in crisis.
The consequence of forgetting the unique needs of this next generation is that they
will become adults who are ill-equipped to mend the torn social fabric and rebuild
broken economies. Investing in adolescents now will yield dividends for decades to
come, for the peace and productivity so desperately needed in Syria.

Lake Chad Basin

Across the Lake Chad Basin, climate change, massive displacement, chronic
underdevelopment, and conflict due to Boko Haram’s violent insurgency have
converged to create a severe humanitarian crisis.
Although famine was averted during this year's lean season thanks to humanitarian
intervention, many areas in north-eastern Nigeria are in need of life-saving food
assistance. Food insecurity, low crop yields, and high staple food prices, combined
with political unrest, mean that millions of people will continue to have urgent food
needs.
Boko Haram’s cycle of violence has uprooted and displaced approximately 1.7 million
people around the already fragile and drought-afflicted Lake Chad water basin, which
includes portions of Nigeria, Niger, Cameroon, and Chad.
It is a complicated and massive humanitarian crisis. Some 8.5 million people—out of a
total population of 20 million living in the areas affected by Boko Haram—are in need
of food, water, shelter, and other humanitarian assistance.
 24

In Nigeria alone, more than 5 million people are in need of urgent food assistance.
Throughout the Lake Chad Basin region, more than half a million children are severely
acutely malnourished.
Now, as the Nigerian government has recently regained control of areas previously
occupied by Boko Haram, they have uncovered extreme levels of suffering.
"As we've had better access to these areas, the level and urgency of the need we see
is horrifying and demands immediate action," says Iveta Ouvry, Mercy Corps Country
Director in Nigeria. "We are working as quickly as possible to expand our ongoing
delivery of food vouchers, financial assistance, water, sanitation, and hygiene
support," she added.
There has been progress. In Nigeria, as of 27 September 2017, the Nigeria
Humanitarian Response Plan is 64 percent funded. While an improvement, this is
drastically short of meeting the needs of more than 5 million people who need food.
The Lake Chad Basin has been grappling with the effects of poverty, climate change,
and weak governance for years. In both Nigeria and Niger, Mercy Corps has been
working with the local communities to improve access to food, safety, and security,
while fuelling economic development and other interventions that make
communities stronger.
Niger is one of the poorest countries in the world, with an annual per person income
of less than $200. Unpredictable rain patterns due to climate change severely affect
farmers’ ability to grow enough food. A failed harvest at the end of 2011 left Niger
and the entire Sahel region of West Africa in a water and food crisis.
Ten percent of children suffer from acute malnutrition and 44 percent are chronically
malnourished, according to the World Food Programme.
Nigeria is the most populous country in Africa, but about 70 percent of the country
lives in poverty. As many as 80 percent of women in some regions are illiterate and
lack access to resources and information to help them better their lives and
contribute to their families and their country.

Boko Haram
Boko Haram emerged in the region in the early 2000s as an anti-government Islamic
sect but began to gain notoriety in 2009 when its actions became more radical and
deadly. The group made international headlines after the 2014 abduction of 276 girls
from their school in Chibok, Nigeria.
 25

Since then, millions have fled their villages to escape Boko Haram recruitment and
violence. Most of the people who've fled are farmers, herders, and traders. They've
left their land, homes, and livelihoods with nothing–and often watched them being
destroyed as they fled.
The region affected is in northeast Nigeria, at the nexus of Niger, Cameroon, Chad,
and Nigeria. Most people have taken refuge in host communities in this area.
The massive displacement is stretching already scarce resources beyond the breaking
point. Now, as the Nigerian government has regained control of certain areas and the
region has gained some stability, the severity of the problem has come to light on the
world stage and exposed the need for urgent action.

Rohingya
Amnesty International describes the Rohingya as "one of the most persecuted
minorities in the world".More than one million people from the mainly Muslim
minority group lived in Myanmar at the start of 2017, with the majority in Rakhine
State.The government of Myanmar, a predominantly Buddhist country, claims that
the Rohingya people are illegal immigrants from neighbouring Bangladesh and has
denied them citizenship, leaving them stateless. The Rohingya—who have their own
language and culture—say they are descendants of Muslim traders who have lived in
the region for generations.The systematic discrimination against the Rohingya people
has left them living in deplorable conditions, with limited access to schools,
healthcare, and jobs, according to Amnesty International. Tensions between the
minority group and the mainly Buddhist Rakhine population erupted into rioting in
2012, driving tens of thousands from their homes and into displacement camps.

What's happening?
The UN has described the latest mass exodus of Rohingya Muslims from Myanmar as
"the world's fastest-growing refugee crisis" and "a textbook example of ethnic
cleansing".A wave of refugees began fleeing the country in late August after
Myanmar's response to an attack by Rohingya militants on more than 20 police posts
that the government said left 12 members of the security forces dead.Amnesty
International said security forces then went on to carry out a "targeted campaign of
widespread and systematic murder, rape, and burning". There were reports of sexual
violence against Rohingya women and entire villages being burned to the
 26

ground.More than 6,00,000 people have fled the violence, bringing the total number
of Rohingya refugees in Bangladesh to around 9,00,000. The Myanmar government
said that at least 400 people have been killed, describing most of them as "terrorists",
but UN estimates in September put the death toll at 1,000 at least.
Who's helping?
The UK government has pledged £47 million to help provide emergency supplies for
those fleeing violence in Myanmar. Around £17 million was also donated by the
British public to the Disasters Emergency Committee appeal. Paolo Lubrano of Oxfam
has warned the crisis is "becoming way beyond our capacity" with the risk of
widespread disease including cholera and tuberculosis in the expanding refugee
camps.

Somalia
With no functioning government, clan wars that have lasted for decades, and a
deadly terrorist group commanding swathes of the country, Somalia has been often
described as a failed state. The 1991 collapse of the then Somali government and the
resulting civil war resulted in hundreds of thousands of refugees. About 5,00,000
Somali refugees fled to Kenya, while nearly 2,50,000 went to Ethiopia. Most of those
who went to Kenya settled in the expansive Dadaab refugee camp, which was
designed to handle just 1,60,000 refugees but is currently home to half a million.
There are about 1,00,000 more Somali refugees in the Kakuma camp, as well as about
30,000 urban refugees in Kenya’s capital, Nairobi. As the international community
supports a weak government that was recently installed in Somalia, both Kenya and
Ethiopia are considering resettlement as a viable, durable solution.

South Sudan

When did the crisis start?

South Sudan gained independence from Sudan in July 2011, but the hard-won
celebration was short-lived. The Sudan People’s Liberation Movement, the ruling
political party that originally led the way for independence, is now divided and
fighting for power.
In December 2013, political infighting erupted into violence in the streets of the
capital, Juba, after South Sudan’s President accused his Vice-President of an
 27

attempted coup. The two factions of government forces, each loyal to one of them,
soon moved to Bor, and then to Bentiu.
Violence spread across the young nation like wildfire, displacing 4,13,000 civilians in
just the first month of conflict. Tens of thousands of civilians rushed to seek refuge in
UN bases that were subsequently turned into makeshift displacement camps.
The fighting has continued, becoming increasingly brutal and affecting the entire
country.

What's going on now?

A handful of peace agreements have been signed over the course of the war—the
most recent in August 2015—but they have been repeatedly violated. The situation
remains highly unstable and is prone to outbreaks of violence. This year, new areas in
the south of the country have become embroiled in the conflict and lands that were
once known as the breadbasket of South Sudan are not producing as much food as a
result.
This year's harvest reflects the dire situation. As of November 2017, twice as many
people are experiencing the emergency phase—the phase before famine—than at
this time last year. The lean season, which is the time of lower food stores between
harvests, is expected to start three months earlier.
On top of these attacks, the country's economy is in crisis—the South Sudanese
pound has declined in value, and the cost of goods and services has skyrocketed. The
inflation rate, at 835 percent, is the highest in the world.
In early 2017, a famine was declared in parts of South Sudan, with 100,000 people on
the verge of starvation. While famine is no longer declared as of November 2017, an
estimated 4.8 million people—45 percent of the population—are in need of
humanitarian assistance.

What's happening to people in South Sudan?

Since the conflict began, almost 1 in 3 persons in South Sudan has been displaced.
Some 3.7 million citizens have been forced to flee their homes, more than 2.1 million
people have escaped to neighbouring countries in search of safety, and more than 1.8
million are trapped inside the warring nation. South Sudan is now the third-most fled
country in the world, after Syria and Afghanistan.
Those who fled lost loved ones, their homes, land, and livelihoods. Violence toward
civilians has been widespread, including targeted attacks, gender-based violence,
kidnappings, and murders. Burning and pillaging of homes and livestock are rampant.
 28

Assaults on aid convoys and looting of supplies have become increasingly common,
making it difficult and dangerous to reach the families who need that support to
survive.
Nationwide, hundreds of thousands of young ones are facing an uncertain future.
According to UNICEF, over half the country’s children are out of school. Across the
country, children can't learn, people can’t work, farmers can’t plant—all they can do
is hope to survive until there is an end to the vicious fighting.
How bad is the food crisis?
A massive humanitarian effort helped prevent widespread starvation in 2014, but the
situation is desperate again. Ongoing violence continues to keep people from their
homes, damage markets and disrupt planting, all of which keeps families from getting
the food they need to survive.
6 million people are currently at risk of going hungry. With famine already ravaging
parts of South Sudan, people are dying of hunger.
South Sudan is also in the middle of a protracted, widespread cholera outbreak, with
more than 13,000 cases reported this year.

Why did the humanitarian situation deteriorate so quickly?

Sudan and what was then the semi-independent Southern Sudan, endured a brutal
civil war for more than 25 years, which resulted in South Sudan’s independence in
2011. But the conflict in December 2013 reopened deeply-rooted political and ethnic
tensions that hadn't yet been reconciled—and those divisions have continued to fuel
ongoing clashes.
After those decades of conflict, South Sudan was and still is one of the least-
developed countries in the world, which has further complicated the situation.
The larger cities in South Sudan are not devoid of some development, but the
majority of the nation is rural. Even before the crisis, more than half of its citizens
lived in absolute poverty, were dependent on subsistence agriculture, and suffered
from malnourishment.
In addition, the country has very little formal infrastructure—roads, buses,
buildings—which makes it difficult to transport food and supplies. Many towns and
villages become inaccessible during the annual rainy season due to closed airstrips,
washed out roads or lack of roads altogether, sometimes limiting any delivery of
humanitarian aid to the isolated areas that need it most.
 29

Where have people fled to?

More than 2.1 million people have crossed into neighbouring countries including
Sudan, Ethiopia, Kenya, and Uganda, resulting in Africa's largest refugee crisis. Inside
South Sudan, more than 1.8 million people are displaced. The majority of displaced
families live outside the camps, wherever they can find safe shelter—often in small
villages that offer some security, tucked away from the main areas of fighting. For
some living in the most violent areas, there is no other choice but to flee into the
bush with what little they can carry with them.
How are people surviving outside of camps?
Many families who've fled their homes had to move multiple times to escape the
spreading violence.
Some run into the bush, with their children on their backs with little or nothing else.
In the bush, there is often nothing to eat but wild plants like grass, roots, and water
lilies. But some people would rather face the risk of starving than endure the violence
that is rampant in towns and villages.
For others, finding shelter in an isolated, small village, removed from the violence, is
the best they can hope for. Those villages offer some sense of safety, but there is
little in the way of food or supplies, and always the risk that fighting will come and
families will have to flee yet again.
Small food rations given out by aid organizations help somewhat, but escalating
attacks on aid convoys and the annual rainy season make deliveries difficult and
infrequent—not enough to count on.

Why is there so little food to harvest?

South Sudan has agricultural potential, but due to poor infrastructure and lack of
technology, growing enough food to feed everyone in the young nation has never
been easy. After decades of struggle, food security was starting to improve, before
the current conflict began. In 2013, harvests of staple crops like millet, maize, and
sorghum were up 20 percent (FAO).
Unfortunately, the conflict has disrupted farming and any hard-earned improvements
have been lost. Due to the fighting, people who would normally grow crops have
been far away from their land, running and hiding from violence—unable to plant.
Conflict has also reached the Equatorias, the area considered the breadbasket of
South Sudan, which is exacerbating the food shortage.
As conflict continues, many families are still far from home and unable to plant seeds,
prepare land, or harvest their crops.
 30

Can people buy more food?

Food stores are running out and many markets are empty. Traders are too worried
about possible attacks to transport food supplies from safer areas.
What little food is available has soared in price, and most displaced families have no
money to buy any goods. In Juba, the retail price of sorghum, a staple grain, is 600
percent higher than it was in 2015.
What is life like in camps?
While there may be relative safety in the six UN camps, the conditions there are dire.
The bases were not designed to host these many people for so long. The sanitation,
hygiene, and waste disposal are inadequate in such crowded conditions, and heavy
seasonal rains flood many of the camps, making things even worse.
In some camps, flooding has damaged newly-built latrines, forcing people to walk
through knee-high water that is contaminated with sewage. There have been reports
of mothers sleeping standing up, holding their children, because there is nowhere
clean to rest.

What about disease?

Beyond making everyday activities like sleeping and preparing food extremely
difficult, heavy rains and standing water also increase the risk of disease.
Communicable and waterborne diseases like cholera and malaria spread quickly in
these conditions. The risks are also high for other infections caused by contaminated
water, malnutrition, and weakened immune systems. Children are hungry and thirsty.
If they get desperate, they may end up drinking dirty water that could give them an
infection. For a young child, an infection can lead to weight loss, severe dehydration
and even death. More than 13,000 cases of cholera have been reported this year.
Hundreds of thousands of documented and undocumented refugees returned to
Afghanistan in 2016, joining more than one million internally displaced within the
country. International agencies warn of a humanitarian crisis that would affect
hundreds of thousands of people as returnees struggle to meet basic needs. This
Peace Brief provides an overview of the situation at the end of 2016, focusing on
those returning from Pakistan, the humanitarian situation, and the security
implications of the influx.
 31

Afghanistan

Summary

● In early 2016, an estimated one million registered and 1.5 million unregistered
Afghan refugees lived in Pakistan. Similar numbers lived in Iran.
● Hundreds of thousands of documented and undocumented refugees returned
to Afghanistan in 2016, joining more than one million IDPs.
● The large-scale returns of Afghan refugees from Pakistan, described by
authorities and aid agencies as spontaneous, are driven by the political tension
between the two countries.
● The needs of returnees, such as basic services or assistance with integration
into Afghanistan, are not being fully met.
● International agencies warn of a humanitarian crisis as returnees struggle to
meet basic needs such as shelter and food.

Background

Pakistan has for several years imposed shifting deadlines for the return of Afghan
refugees within Pakistan who fled their own country in response to ongoing conflicts
there. The most recent such deadline was March 2017. Refugee anxieties about their
future continue to mount as thousands remain in detention centres in difficult and
often harsh conditions.1 Pakistani authorities have imposed strict restrictions on
refugee movement within the country, contributing to their return to Afghanistan.

At the beginning of 2016, an estimated 1 million registered and 1.5 million

undocumented Afghan refugees were believed to be living in Pakistan, and another 1
million and 1.5 million respectively in Iran. 2 By the end of the year, returnees from
Pakistan numbered 6,16,620, of whom 2,46,518 were undocumented and 3,70,102
documented. The numbers for returnees from Iran were 4,36,236 undocumented and
2,305 documented. Many of the returns are referred to as spontaneous—indicating
voluntary return—but in reality are often coerced or take place in coercive
circumstances in which they feel that they have little choice but to leave and are
given little opportunity to plan.

More than 1 million people within Afghanistan have been internally displaced
because of violence in their communities. The UN High Commissioner of Refugees
notes that this figure is likely an underestimate given challenges in data collection.
One such challenge is that a significant percentage of returnees are likely to become
secondarily displaced because of the spontaneous (unplanned) nature of their return
 32

and the challenges on arrival. Many internally displaced persons (IDPs) live in
temporary shelters, often in urban areas. Young people make up half of Afghanistan's
population but a disproportionate percentage of IDPs—between 57 percent and 61
percent. IDPs continue to have significant needs and tend to become more vulnerable
the longer their displacement lasts, especially women and girls in urban areas.

Humanitarian Crisis and Security Concerns

Returns have been concentrated in a handful of provincial centres, and an

overwhelming majority find themselves in areas of continued fighting. A related
humanitarian crisis would affect hundreds of thousands of people.

The UN request for humanitarian assistance for returnees has so far received only
half the contributions needed to address vulnerable populations—$82.4 million of
$152 million.8 In September 2016, the International Organization on Migrations
warned that “the situation is dire and we expect it to become far worse as winter
approaches.” Returnees are entering a country wracked by violence, economic
instability, and lack of basic services in most parts of the country. Insecurity remains a
serious concern. Just over eleven thousand civilian casualties (3,545 deaths and 7,457
injured) were documented in 2015, exceeding by 4 percent the record set the year
before.

Disputes over housing, land, and property between returnees and current occupants
have also been reported. Such intra-family and intra-community tensions have the
potential to escalate to a larger conflict that could threaten the stability of
communities, particularly when the Taliban offer help in addressing grievances. Social
divisions can be exacerbated when so many are in need but only returnees are seen
to receive support. According to a local organization, little is being done to address
tensions between communities—many of whom have themselves at one point been
returnees—and current returnees.
 33

Despite the scarcity of empirical research on related security implications, the inflow
from Pakistan, Iran, and Europe has caused concern among non-governmental
organizations working with returnees and government institutions handling security
in Afghanistan. Security analysts are aware, interviews reveal, that terrorists can
disguise themselves as returnees to enter and move around the country undetected.
Anecdotal evidence also suggests that returnees may be at greater risk of
radicalization and recruitment into criminal and violent extremist groups.

Economic and Social Tensions

The large influx of returnees adds strain to an already weak economy. Currently, 39
percent of the population lives below the poverty line and more than 11 million are
severely and moderately food insecure. At 40 percent, unemployment has reached an
all-time high, jumping a staggering 400 percent between 2013 and 2015.
Afghanistan's youth population is among the world's youngest and fastest growing,
and close to 40 percent of returnees are males younger than eighteen, putting
additional strain on the labour market. Insecurity and lack of school facilities and
trained teachers mean that a significant number of school-age children are deprived
of education, and returnee children are more likely to remain out of school than their
peers.13 The lack of livelihood and education opportunities can put unemployed
youth more at the risk of turning to illicit activities to support themselves and their
families.14

A myriad of social problems has also resulted from the forced nature of the returns.
Some families are compelled to leave homes they have lived in for decades with little
notice and often without time to gather their belongings. Afghan males married to
Pakistani women have been deported or forced to return, separating family
members.

Protection and Assistance

International refugee law protects those who have been forced to flee their home
country in fear of persecution or violence and whose governments are unwilling or
unable to protect them and to provide for their basic human rights. One of the core
principles of refugee law is non-refoulement, which prohibits returning a refugee to a
territory where his or her life or freedom is threatened. Iran is a signatory to the
Convention. Pakistan is not. However, non-refoulement is international law and
binding on all states, regardless of whether they have acceded to the 1951 Refugee
Convention or its 1967 Protocol.
 34

The Afghan government has encouraged the safe and dignified return of its citizens.
Institutional structures, policies, and processes have been put in place to manage the
return and internal displacement, but support for reintegration has been weak.
Government progress over the past year has been limited, as has coordination
between government bodies tasked with policy and programmes. The delivery of
services and the relationship between the central government and provincial
governments bearing the burden of the majority of returnees are both weak. The
Afghan government has sought to discourage Afghans from migrating to other
countries. Although this is a welcome call to action to help rebuild the country, it
denies the realities of failed support systems and the bleakness that so many Afghans
face on their return.

References:
https://www.usip.org/publications/

https://www.mercycorps.org/articles/afghanistan-nigeria-somalia-south-sudan-
syria/worlds-5-biggest-refugee-crises/

https://news.sky.com/feature/rohingya-crisis-11121896/

https://www.refugeecouncilusa.org/tag/somalia-refugee-crisis/
 35

5. Support/Initiatives for refugee camps and rehabilitation of migrant

groups into society
Funding

The majority of the UN’s humanitarian work is funded entirely by voluntary donations
from individual governments and private donors, with agencies such as the UNHCR
and UNICEF receiving none of the regular budget that member states pay into the
UN’s central coffers.

António Guterres is leading calls from within the UN to change this system and ask
member states to make more regular payments to the main agencies.The current
global humanitarian funding budget for all countries stands at $19.52 billion (£12.84
billion), but only $7.15 billion of that has been raised from international donors.

Experts say that the current system, with constant emergency appeals to keep supply
chains running month-by-month, must be changed to acknowledge that the
situations in Syria, Iraq, Yemen, and the Central African Republic are all deteriorating
and need long-term funding.

The World Health Organisation is trying to raise $60 million to fund healthcare in Iraq
but only $5.1 million has been given by donors. Mr. Lowcock, who is also the UN
Under-Secretary-General for Humanitarian Affairs, said some $434 million will be
required in the coming months, calling for donor support ahead of the pledging
conference in Geneva later this month.

For its part, the Office of the UN High Commissioner for Refugees (UNHCR) is seeking
$83.7 million in additional funds for the next six months to help the Rohingya
refugees in Bangladesh.

Latest estimates show that some 5,15,000 refugees have fled from Myanmar since 25
August.The UN's humanitarian agencies are on the verge of bankruptcy and unable to
meet the basic needs of millions of people because of the size of the refugee crisis in
the Middle East, Africa, and Europe.

Ban Ki-moon, former Secretary General of the United Nations, said, “Refugees and
migrants are not to be seen as a burden; they offer great potential, if only we unlock
it.” He emphasized that the 2030 Agenda for Sustainable Development advanced the
 36

Declaration’s goals, which focused on protecting the human rights of all refugees and
migrants, regardless of their status, increasing support for the hardest-hit countries,
assisting people in protracted crises, ensuring that children were educated, improving
search-and-rescue operations, boosting humanitarian funding and resettling
refugees.

Jim Yong Kim, President of the World Bank Group, said that in addition to increasing
funding for refugees, the Group was dramatically increasing its data collection on
migrants and had found, for example, that early intervention could have great impact
since half the number of existing refugees had been in their current situation for less
than four years. Among other efforts, the World Bank Group was helping host
countries improve the business climate with the aim of creating jobs and was looking
for long-term solutions such as increased agricultural output in areas where refugees
had settled.

Food Programme Revision

Assisting 80 million people in around 80 countries each year, the World Food
Programme (WFP) is the leading humanitarian organization fighting hunger
worldwide, delivering food assistance in emergencies and working with communities
to improve nutrition and build resilience. WFP’s efforts focus on emergency
assistance, relief and rehabilitation, development aid, and special operations. Two-
thirds of their work is in conflict-affected countries where people are three times
more likely to be undernourished than those living in countries without conflict.

Food Assistance for Refugees

Kenya hosts one of the largest refugee populations in Africa and the government
relies on support from the United Nations and the international community. WFP has
provided food assistance since 1991. WFP is a part of the Kenya Comprehensive
Refugee Programme, led by the Office of the United Nations High Commissioner for
Refugees.
 37

WFP will assist refugees in camps through general food distributions, complementary
feeding for the first 1,000 days after conception, treatment of acute and chronic
malnutrition, nutrition support to people living with chronic diseases, institutional
feeding, school meals, and food for training for young people.

Some refugees have repatriated in recent years, but political and security situations
in most countries of origin remain fragile, and many refugees remain in Kenya.
Budget revision 1 will decrease the Protracted Relief and Recovery Operation (PRRO)
200737 budget from the current total projected cost of USD 367 million to USD 362
million.

Food Assistance for Refugees and Vulnerable Host Populations

The number of refugees and asylum seekers in Liberia grew substantially in 2011
following the unrest triggered by the December 2010 presidential election in Côte
d'Ivoire. The humanitarian crisis is putting additional strain on a precarious food
security situation. WFP and its partners recommended continuing relief food
assistance to Côte d’Ivoire refugees residing in designated camps and supporting
early recovery for refugees living in host communities.

The main objective of this operation is to improve the food security and nutrition of
refugees from Côte d’Ivoire and vulnerable host populations in Liberia who have been
adversely affected by the refugee influx.

Budget revision 6 extends PRRO 200550 for five months from August to December
2016 and reduces general food distribution (GFD) beneficiaries from 16,000 to 15,559
in line with current UNHCR refugee population statistics.

Food and Nutrition Assistance for Refugees and Returnees

WFP is currently assisting 73,000 refugees from the Democratic Republic of the
Congo (DRC) in five refugee camps in Rwanda. The intractable conflict in eastern DRC
underlines that significant repatriation is unlikely within the next two years.
Therefore, refugees will continue to rely on international assistance for their basic
 38

needs. Twenty thousand Rwandan refugees are estimated to have returned to

Rwanda from neighbouring countries by the end of 2014. The operation's main
objectives are to meet the food and nutritional needs of refugee and returnee
populations, expand the use of cash in food assistance, implement nutritional safety
net programmes for vulnerable groups, and increase refugee self-reliance.

Post Traumatic Treatment

The United Nations health and refugee agencies released guidelines and clinical
protocols on mental health care for adults and children suffering from post-traumatic
stress disorder and bereavement. The guidelines—released by the World Health
Organization (WHO), in conjunction with the UN High Commissioner for Refugees
(UNHCR)—are designed to give non-specialized health workers and primary health
care workers enough information to provide ‘psychological first aid’ and stress
management and to help people identify and strengthen positive coping methods
and social support.

“One of the things they can do after trauma is provide something that’s called
psychological first aid, which involves listening to people, asking for their needs and
concerns, strengthening their social supports, and protecting them from further
harm, discouraging them from making rash decisions in a moment when something
really bad happens,” said Mr. Mark van Ommeren of the Mental Health Innovation
Network. He added that medicines played a “relatively small role.” “One of the
messages from these guidelines is that, different from other areas of mental health,
most of the care is psychological,” Mr. van Ommeren underlined.

The refugee mental health field overlaps considerably with the larger movement of
Global Mental Health, both focusing on the mental health needs of deprived
populations from low‐income countries. There has been a tendency in the refugee
field to limit interest in severe mental illnesses such as schizophrenia and related
psychoses, bipolar disorder, melancholic forms of depression, drug and alcohol
problems and organic brain disorders. Persons with psychosis, in particular, are at the
risk of neglect, exploitation, and abuse in acute humanitarian settings and other
 39

situations of mass displacement. During these periods, psychiatric hospitals and

clinics often close, leaving patients without protection or medication.

The reality for psychiatrists and other mental health professionals working in clinics in
Africa and other refugee situations is that a large proportion of the patients they
consult manifest one or more of these forms of severe mental disorder. Therefore,
the field of refugee mental health should include considerations of this subpopulation
in mounting comprehensive programmes of mental health care, an issue that is now
more widely recognized and acknowledged in policy and planning exercises.

The past two decades have witnessed a maturing of the field, an era when lead
agencies (the United Nations, international non‐governmental organizations, and
universities among others) have established close working relationships that have
allowed the gradual building of an international consensus on issues that previously
were divisive.The fruits of these endeavours include the formulation and wide
adoption of influential policies and guidelines that assist the planning and
implementation of programmes. A further major achievement has been the clinical
guidelines produced by the WHO's mhGAP, especially the module focusing on
emergencies. In addition, United Nations agencies have produced and disseminated a
range of assessment and monitoring tools to encourage standardization of
assessments across programmes around the globe.

Use of Médecins Sans Frontières and establishing a similar UN body

Médecins Sans Frontières (MSF), also known in English as Doctors Without Borders, is
an international humanitarian non-governmental organization (NGO) best known for
its projects in war-torn regions and developing countries affected by endemic
diseases. The vast majority of staff are volunteers. Private donors provide about 90%
of the organization's funding, while corporate donations provide the rest, giving MSF
an annual budget of approximately $1.63 billion.

MSF notes, “We observe impartiality in the name of medical ethics and the right to
humanitarian assistance. To ensure this independence, the majority of our funding
for projects comes from donations from the public, as well as from corporations and
 40

foundations. Additional funding comes from national governments and international

institutions, such as the Canadian International Development Agency, European
Community and various bodies of the United Nations. In carrying out humanitarian
assistance, we act as witnesses and will speak out, in private or in public, about the
critical needs of the people we help. In doing so, we seek to alleviate human
suffering, to protect life and health and to restore and ensure respect for human
beings and their dignity.”Nearly 60 million people are currently fleeing conflict or
persecution around the world.Due to their race, religion, or nationality, these
people’s homes are no longer safe places to live in and their governments no longer
provide them with protection.

Doctors Without Borders/Médecins Sans Frontières (MSF) works around the world to
provide refugees and internally displaced people (IDPs) with everything they need
from psychological care to lifesaving nutrition. MSF sets up hospitals in refugee
camps, helps women give birth safely, vaccinates children to prevent epidemics, and
provides access to safe drinking water.

The United Nations refugee agency (UNHCR) is responsible for ensuring that refugees
have the right to seek asylum, to receive assistance, and to protection from violence
as well as bringing about a lasting solution to their situation. It is estimated that 9
million people were internally displaced between January and June 2017 due to
conflict and natural disasters. Despite international law calling for the protection of
civilians in conflict, women and children are often deliberately targeted by
belligerents as part of their strategy. In 2016, MSF assisted internally displaced people
in 16 countries: Cameroon, Central African Republic, Chad, Colombia, Democratic
Republic of Congo, Iraq, Libya, Mozambique, Myanmar, Niger, Nigeria, South Sudan,
Syria, Sudan, Ukraine, and Yemen. Men, women, and children fleeing wars,
persecution, poverty, and insecurity have no safe and legal way to seek protection in
Europe and continue to attempt the deadly Mediterranean Sea crossing. Between
2015, when MSF began search and rescue operations, and June 2017, their teams
assisted 68,000 people at sea.

Role of UNCTAD in fixing the migrant crisis

 41

Dr. Mukhisa Kituyi, Secretary General, UNCTAD, on the occasion of the United
Nations Summit on Refugees and Migrants in New York, 19 September 2016, said,
“You can't wish away poverty when it arrives on your doorstep. In an interconnected
world where people vote with their feet, quick fixes alone won't pass muster. More
external investment in countries of origin, stronger capacity in their productive
sectors and better trade links with regional and global markets are vital parts of the
long-term solution.

The challenges facing many refugees and migrants reflect the persistent poverty they
face in their countries of origin. Between 2010 and 2015, four out of the five fastest-
growing populations of migrants living abroad came from countries of origin that are
least developed countries (LDCs). These are countries with low incomes, few assets
and that are highly vulnerable economically. More international efforts to combat
extreme poverty and create jobs in these countries will go a long way to a sustainable
solution. This should include more attention to facilitating trade and investment links
with these countries and empowering their young people, small businesses, and
entrepreneurs.

The large numbers of migrants and refugees from LDCs are also a reminder that
people in the poorest countries feel left behind by globalization. With the world
economy remaining on track for the slowest decade of trade growth in 70 years,
pessimism towards globalization has also fed the reaction towards migrants and
refugees elsewhere, as well.

We must not forget that, more than anything else, trade has lifted billions of people
out of poverty, and we must all of us work together to ensure that it continues to do
so.

World leaders must recognize that the cost of mitigating immigration in destination
countries and providing only humanitarian relief is much higher than addressing the
root causes of migration and forced displacement at the source.”

New policies and incentives are enhancing diaspora contributions to development in

their countries of origin.
 42

● In China, to encourage the return of diaspora, local governments use

preferential policies, tax breaks, subsidized housing, tax-free imports of
automobiles and computers, schooling for children of returnees, jobs for
spouses, etc.
● India has introduced a scholarship programme for children of overseas Indians
to study in India.
● In Mali, facilities created by the government to transfer funds and encourage
returns have been identified as conducive to diasporas’ increased involvement
in national development.
● Enhancing investment in home country economies, say, through government
support of hometown associations.
● The Philippines Overseas Link for Philippine Development(LINKAPIL)
programme facilitated more than 2,700 donations amounting to a total
investment of $50 million from 1990 to 2006.
● From 1992 to 2001, Mexico's Tres por Uno programme carried out 400
projects, in which migrants invested $5 million (total investment being $15
million). In 2003 alone, however, the Federal Government invested $10 million
in 898 projects, out of a total investment of $40 million.
● Opening new trade opportunities for home country SMEs, and creating new
conduits for receiving country exports.
● Italy, in collaboration with Ghana and Senegal and with IOM support, launched
two Migration for Development in Africa (MIDA) programmes in 2003 targeting
African diasporas in Italy that included local development and decentralized
cooperation elements linking three regions in Italy (Lombardi, Veneto and
Tuscany) to communities in Senegal and Ghana to transfer entrepreneurial
knowledge for business and trade.
● Diaspora return to home countries as economic opportunities emerge with
entrepreneurship and essential knowledge and skills.
● India’s outsourcing services industry benefited from the skills and business
opportunities of its diaspora networks. Many Indian engineers, who moved to
the United States in the 1960s, by the 1990s had become entrepreneurs,
venture capitalists, and senior executives in IT firms. As economic opportunities
opened in India in the late 1990s, many of these professionals returned to India
 43

to either start their own companies or work with others, thus helping to
establish India as an outsourcing destination.

References:

www.un.org

www.theguardian.com

www.brookings.edu

www.wfp.org

www.unctad.org

www.unhcr.org

www.msf.org

www.wikipedia.org

www.doctorswithoutborders.org
 44

6. Climate change, natural disasters, and its effects

In addition to persecution and conflict, in the 21st century, natural disaster
(sometimes due to climate change) can also force people to seek refuge in
other countries. Such disasters—floods, earthquakes, hurricanes, mudslides—
are increasing in frequency and intensity. While most of the displacement
caused by these events is internal, they can also cause people to cross borders.
None of the existing international and regional refugee law instruments,
however, specifically addresses the plight of such people.Displacement caused
by the slow-onset effects of climate change is largely internal as well. But
through its acceleration of drought, desertification, the salinization of ground
water and soil, and rising sea levels, climate change, too, can contribute to the
displacement of people across international frontiers.

Other human-made calamities, such as severe socio-economic deprivation, can

also cause people to flee across borders. While some may be escaping
persecution, most leave because they lack any meaningful option to remain.
The lack of food, water, education, healthcare, and a livelihood would not,
ordinarily and by themselves, sustain a refugee claim under the 1951
Convention. Nevertheless, some of these people may need some form of
protection.

All of these circumstances—conflict, natural disasters, and climate change

pose enormous challenges for the international humanitarian community.

The United Nations Environment Programme (UNEP) defines environmental

refugees as “those people who have been forced to leave their traditional
habitat, temporarily or permanently, because of a marked environmental
disruption (natural and/or triggered by people) that jeopardized their
existence and/or seriously affected the quality of their life.” According to the
Organisation for Economic Co-Operation and Development (OECD), an
environmental refugee is a person displaced owing to environmental causes,
notably land loss and degradation, and natural disaster.
 45

Permanent and Temporary Environmental Refugees

Many disasters strike and leave areas destroyed and virtually uninhabitable.
Other disasters, such as floods or wildfires, may leave an area uninhabitable
for a short while, but the area regenerates with the only risk being that of a
similar event taking place again. Still other disasters, like long-term drought,
can allow people to return to an area but don’t offer the same opportunity for
regeneration and re-growth. In the situations where areas are uninhabitable or
re-growth is not possible, individuals are forced to permanently relocate. If this
can be done within one’s own country, that government remains responsible
for the individuals, but when environmental havoc affects an entire country,
the individuals leaving the country become environmental refugees.

Natural and Human Causes

Disasters that create environmental refugees have a wide variety of causes and
can be attributed to both natural and human reasons. Some examples of
natural causes include drought or floods caused by a shortage or excess of
precipitation, volcanic eruptions, hurricanes, and earthquakes. Some examples
of human causes include over-logging, dam construction, biological warfare,
and environmental pollution.

References:
https://www.thoughtco.com/environmental-refugees-overview-1434944

http://www.un.org/en/sections/issues-depth/refugees/

International Refugee Law

The International Red Cross predicts that there are currently more
environmental refugees than refugees displaced because of war. Yet,
environmental refugees are not included or protected under the International
Refugee Law which developed out of the 1951 Refugee Convention. This law
only includes persons who fit these three basic characteristics:
 46

● They are outside their country of origin or outside the country of their
formal habitual residence;
● They are unable or unwilling to avail themselves of the protection of that
country owing to a well-founded fear of being persecuted; and
● The persecution feared is based on at least one of five grounds: race,
religion, nationality, membership of a particular social group, or political
opinion.

Since environmental refugees do not fit these characteristics, they are not
guaranteed asylum in other more developed countries, as a refugee based on
these characteristics would be.
 47

7. Labour laws, visa policies, etc. relating to migrants

Labour Immigration Policies

Labour immigration policies may be grouped into two broad categories: those
affecting the supply of labour and those affecting the demand. Several specific
policies under each of the above headings are identified. Among policies that
aim to reduce the supply of foreign workers, we take those relating to
increased cost of living for migrant workers, nabbing and deportation of
overstayers and illegals, stricter visa regulations, and curbs on visa trading to
be especially important. Among policies that aim to reduce the demand for
foreign workers, creation of job opportunities for nationals through training
and market mechanisms, and indigenization of the labour force through
administrative mechanisms are the major ones.

Labour Laws and Visa Policies in Some Countries

Australia

Australia’s refugee and humanitarian programme consists of several different

visas that are available to refugees and others in need of protection.The
majority of visas are designated for offshore applicants, most of whom are
assessed as refugees by the UNHCR and referred to Australia for
resettlement.There has been much debate and many law and policy changes
over the years regarding the approach to handling asylum seekers who arrive
in Australia by boat without a valid visa. The current rules mean that anyone
who arrives unlawfully after January 1, 2014, will be taken to a third country
for processing and resettlement; they will not be able to apply for visas in
Australia. Boats that enter Australian territory may be returned to
international waters. Around 30,500 asylum seekers who arrived in Australia
prior to January 1, 2014, are being invited, in stages, to apply for temporary
protection/safe haven visas that are valid for three or five years. Visa holders
cannot sponsor family members and only those who meet criteria relating to
living and working in regional Australia will have a pathway to permanent
 48

residence. A permanent protection visa is available to people who seek asylum

after arriving in Australia on a valid visa.

A. Refugee and Humanitarian Programme

Australia’s immigration system involves two major components: the Migration

Programme for skilled and family migrants, and the Refugee and Humanitarian
Programme “for refugees and others in refugee-like situations.”

1)Within the Refugee and Humanitarian Programme, there are separate tracks
for those seeking asylum following arrival in Australia (referred to as “onshore
protection”) and refugees who are outside Australia and in need of
resettlement (referred to as “offshore resettlement”).

2) The offshore resettlement component is further divided into two categories:

the Refugee category and the Special Humanitarian Programme category
which allows people in Australia to sponsor close family members in other
countries who face human rights abuses

3)Within the onshore protection component, asylum seekers are treated

differently depending on whether they entered Australia with or without a
valid visa.

Australia is a party to the Convention Relating to the Status of Refugees of

1951 (1951 Refugee Convention) and its 1967 Protocol. It has been involved in
the United Nations refugee resettlement program since 1977.

4) The majority of people granted visas through the offshore Refugee category
have already been assessed as refugees by the UN High Commissioner for
Refugees (UNHCR) and referred to the Australian government for resettlement
consideration.

5)In response to the humanitarian crisis arising from the conflicts in Syria and
Iraq, the Australian government announced in September 2015 that an
additional 12,000 permanent humanitarian places would be made available
during 2015-16 to those displaced from the two countries.
 49

6) Priority will be given to “the women, children, and families of persecuted

minorities who have sought refuge from the conflict in Jordan, Lebanon and
Turkey.”

B. Relevant Laws

The Migration Act 1958 contains the overarching provisions relating to the
grant of visas to noncitizens of Australia. The Migration Regulations 1994set
out further rules for different “classes” and “subclasses” of visas. The four
classes of “Protection, Refugee, and Humanitarian” visas are listed in part 4 of
schedule 1 of the Regulations: protection (class XA), refugee and humanitarian
(class XB), temporary protection (class XD), and safe haven enterprise (class
XE). The first two visa classes involve permanent residence, while the
remaining two are temporary visas.

Schedule 2 of the Regulations lists the criteria that applicants must meet in
order to be granted a visa under the various visa subclasses. This includes
references to the “public interest criteria” that are contained in part 1 of
schedule 4 of the Regulations.

Australia’s immigration laws are administered by the Department of

Immigration and Border Protection (DIBP).

Israel

As a Jewish homeland open to the immigration of Jews from all over the world
and a signatory to the 1951 UN Convention Relating to the Status of Refugees
and the 1967 Protocol Relating to the Status of Refugees, Israel has absorbed a
large number of Jewish refugees from Europe, the Middle East, and Africa. In
handling applications for political asylum of non-Jewish applicants, Israel
applies international law criteria in accordance with its treaty obligations and
claims to abide by the principle of non-refoulement.
 50

Israel has traditionally maintained restrictive immigration policies. This is due

to that fact that it borders states and populations that are hostile, is affected
by geopolitically volatile conditions in the Middle East and Africa, respects civil
liberties, and enjoys a significantly higher standard of living as compared with
other countries in the surrounding region.

While it generally allows Eritrean and Sudanese nationals who entered

unlawfully and are already in the country to stay, it does not provide them with
opportunities to become permanent residents or citizens. In addition, Israel
has erected a fence along its border with Egypt to prevent a further influx of
African migrants. It is also currently building a fence along the border with
Jordan, which is reportedly hosting more than 600,000 Syrian refugees.

International Agreements

Israel is a signatory to the 1951 UN Convention Relating to the Status of

Refugees and the 1967 Protocol Relating to the Status of Refugees. It is also a
signatory to the Final Act of the United Nations Conference on the Status of
Stateless Persons, 1954, and the 1961 Convention on the Reduction of
Statelessness. Accordingly, Israel recognizes a refugee as a person who,

“owing to a well-founded fear of being persecuted for reasons of race, religion,

nationality, membership of a particular social group or political opinion, is
outside the country of his nationality and is unable or, owing to such fear, is
unwilling to avail himself of the protection of that country; or who, not having
a nationality and being outside the country of his former habitual residence as
a result of such events, is unable or, owing to such fear, is unwilling to return
to it.”

Restrictive Policy on Non-Jewish Immigration

Israel’s immigration policies have been greatly affected by the country’s

geopolitical situation, specifically the ongoing Arab-Israeli conflict and the
current volatile conditions in the Middle East and parts of Africa.Responding to
recent calls by Israeli liberals led by opposition leader Isaac Herzog to admit
Syrian refugees escaping the turmoil in their country, Prime Minister Benjamin
 51

Netanyahu noted that Israel had provided medical care to over one thousand
injured Syrians.He further added that Israel had also made “efforts to aid
African nations and thus stem the flow of migrants from African countries.”
Netanyahu refused, however, to approve a general policy that would allow
Syrian refugees to stay in Israel. At a cabinet meeting in September 2015,
Netanyahu reportedly stated, “Israel is not indifferent to the human tragedy of
the refugees from Syria and Africa…but Israel is a small country, a very small
country that lacks demographic and geographic depth; therefore, we must
control our borders, against both illegal migrants and terrorism”.

Canada

To combat a shortage of skilled labour that has been stifling the country's
economic growth since the 1970s,Canada has adopted one of the most open
immigration policies in the world. As of 2010, the foreign-born population
makes up 21.3 percent of the country's total population.On April 1, the already
immigration-friendly country launched a Start-up Visa Program in an effort to
attract highly skilled foreign entrepreneurs. Immigrants with funding from
Canadian venture capital firms or investment groups for a start-up business
will be eligible for immediate permanent residency. If the new business fails,
the entrepreneur will not be subject to deportation.

Sweden

Sweden, which ranked first among 33 countries in the Migrant Integration

Policy Index (MIPEX), is well-known for welcoming Muslim refugees fleeing
war-torn nations like Iraq, Syria, and Somalia. In 2013, owing to growing
unemployment, which sat at 16 percent among foreign residents, and a string
of violent riots, politicians and citizens werequestioning its open-door
immigration policy.Some critics pointed their fingers at costly liberal policies
that created an abundance of jobs and attracted a steady flow of immigrant
labour from nearby European countries. When job creation slowed, working
 52

immigrants stopped entering the country while the flow of unemployed,

government-dependent asylum seekers picked up. In 2012, the number of
asylum seekers arriving in Sweden jumped nearly 50 percent from the year
before—hitting 43,900, the second highest year on record.

United States

Work permits, or work visas, are not as easy to acquire as they once were. U.S.
immigration law is very complex and can be very confusing. Unfortunately, it
has only become more complicated since the terrorist attacks of 9/11. As a
result, in order to understand the process of obtaining a work visa, either for
permanent or temporary admission to the United States, one must understand
the factors related to the laws and policies of immigration.

The Immigration and Naturalization Act (INA), the law governing U.S.
immigration policy, provides for an annual limit of 6,75,000 permanent
immigrants (with certain exceptions for close family members).

Permanent Employment-Based Immigration

Permanent employment-based immigration is set at a rate of 1,40,000 visas

per year, and these are divided into five preferences, each subject to numerical
limitations. These include (1) persons with extraordinary abilities, (2) members
of a profession holding advanced degrees, (3) skilled shortage workers with at
least two years of training or experience, (4) certain “special” immigrants (like
religious workers or ambassadorial staff), and (5) people who will generate
$500,000 to $1 million in job creating enterprises employing at least 10 people.

Temporary Work Visas

 53

For those wishing to remain in the United States for only a limited period of
time, there are more than 20 types of visas for temporary, non-immigrant
workers. A few of these include L visas for intra-company transfers, P visas for
athletes, entertainers, and skilled performers, R visas for religious workers, A
visas for diplomatic employees, and H visas for special occupations such as
nursing and agriculture. Most of the temporary worker categories are for
highly skilled workers and immigrants with a temporary work visa are normally
sponsored by a specific employer for a specific job offer. Many of the
temporary visa categories have numerical limitations as well.

Impact of Trump’s Travel Bans and Extreme Vetting

In January of 2017, President Trump signed a ban on admitting refugees,

immigration travel, and movement from one location to another for Muslim
persons as a whole. This executive order halted any assistance through travel,
severely affecting families. United States citizens with Muslim ties were also
affected by deportation, refusal of admittance into the country, and
detainment for several days. This caused several problems related to work,
family connections, and similar concerns. Erupting into protests, the citizens of
America were in a struggle of conflict with one another and the White House.

The effect and impact of these limits, restrictions, and bans have spread to the
greater populace. This means that communities, neighbourhoods, and families
are negatively harmed because of the deprivation of economic, human, and
fundamental rights that should be in possession of citizens and immigrants as
specified by the United States Constitution and the Bill of Rights. However,
while many businesses are affected by the loss of a certain percentage of
workers, the overall impact on society is the creation of conflict through
division.

The Ban Detailed

 54

The order suspended the United States Refugee Admissions Program for 120
days and also specified that Syrian refugees are indefinitely banned from the
nation. Visa suspension is in effect for seven Muslim countries (Iraq, Syria, Iran,
Somalia, Libya, Sudan and Yemen). However, certain diplomats and the United
Nations are excluded from this. The action has limited refugees entering into
American states to 50,000 which is less than half of the limit that was
instituted by former President Barack Obama.

The ban appears to be biased against Muslim persons as priority of entrance

into the United States has been provided to other religious minorities that may
be facing persecution. Those affected by these actions include travellers with a
nationality in these seven Muslim nations, those with dual nationality in these
countries and similar persons. If the individual is traveling from somewhere
else with a valid passport, he or she may be excluded from the ban.

Other Effects

Green Card holders from the same seven banned countries were initially
affected by these travel restrictions, bans, and detainments. However, the
Department of Homeland Security stated that these matters would be
subjected to a case-by-case basis for permanent status. Without any threat
assessed, entry into the United States was granted. Later on February 1, the
legal representative of the President explained that the ban for travel does not
apply to permanent and lawful residents of the country. Since this was not
effective immediately, many persons were detained while awaiting updates
and changes to the policy.

The President explained through national press releases that the bans on travel
and immigration were not specifically targeting Muslim persons. He later
explained that it was not because of religion and that it was an attempt to
protect the United States from terrorism. Over 40 other countries with Muslim
individuals were not affected by the ban. While these details may be factual,
many groups criticized and argued over these measures.
 55

8. Culture and language preservation

Protecting cultural rights of refugees and migrants

Cultural rights are usually not given as much credit as needed, but they are
fundamental rights protected by Article 15 of the ICESCR and necessary for the
enjoyment of one’s own cultural lifestyle. This includes the right to
education—receiving education according to one’s own culture—and
participating freely in cultural life, which includes language, religion, values,
traditions, and rituals. When working with refugees, there is a cultural
consideration that should be examined, especially because many of these
refugees became stateless due to cultural persecution and for being part of a
cultural minority.

Most refugees flee to countries where the culture of the host country differs
from the refugee’s culture and customs. In order to better assist and provide
durable solutions for these refugees, Member States must understand the
situation that refugees were living in previously as well as the different values
that they might have. Organizations that are helping those refugees should
understand the refugee’s beliefs in order to avoid confusion that might cause
more mental stress. The Refugee Services Toolkit (RST) is an exemplary tool
that aims in assisting those who serve refugees, particularly children and
families, by helping them understand cultural customs and identifying
refugee’s mental health needs.

The Kurds are an example of refugees who have been affected by violations of
cultural rights.The Kurds are an indigenous population that do not have one
official state representing them. They live in the Mesopotamian region,
present in Turkey, Syria, Iraq, and Iran. There are between 25 and 35 million
Kurds, and many of them are in conflict with Syria and Iraq due to different
traditions and values. In Turkey, the Kurdish population is the fourth largest
ethnic group, making up about 20% of its population. Historically, Kurds have
faced oppression in Turkey in relation to their culture and traditions,
sometimes having their language forbidden. The major cause for this ongoing
conflict, which is not limited to Turkey, is the violation of the Kurds’ cultural
rights, with many becoming refugees, looking for a place where they can live
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the cultural life they would like. This Kurds serve as an example of the
importance of addressing cultural rights.

How can countries help the refugees integrate?

Last year saw more than 1 million people cross the Mediterranean to Europe,
fleeing their homes and the dire situations in Syria and Libya in search of
international protection. While this is only a fraction of the numbers who
remain displaced within the region, it represents a spike in refugees on
European soil, of a scale not witnessed since the Second World War. So what
can countries do to best ensure that humanitarian migrants integrate?

The OECD report, Making Integration Work, takes stock of the experiences of
its member countries and provides some lessons:

1. Integration services need to be provided as soon as possible for those

asylum seekers most likely to be allowed to stay

Time spent waiting around can damage refugees’ chances of integrating, yet
they often have to wait for months or even years before receiving language
training and other integration support, such as skill assessments and civic
integration courses. Countries should both shorten the time it takes to assess
asylum applications and provide early support to those most likely to stay.
Norway provides a good example in offering up to 250 hours of language
training for asylum seekers in reception centres.

2. When dispersing humanitarian migrants across the country, whether the

jobs available in the particular regions match their skills must be taken into
account

Many governments disperse refugees across the country to prevent

segregation, ensure suitable housing, and to spread the costs. When choosing
where to send migrants, it is important to consider where appropriate jobs
that match their skills can be found. For example, in Sweden, migrants are
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matched to localities based on their overall profile, including their education

level and work experience, and in New Zealand, although family or ethnic links
are the first factor considered, educational and employment opportunities are
considered when there is a choice between resettlement areas.

3. Refugees must be treated differently, depending on their backgrounds

Different refugees require different levels of support—for example, those with

degrees have very different training requirements than those lacking basic
qualifications. While Denmark`s official induction programme lasts three years,
it provides language training for up to five years to illiterate refugees.

4. Mental and physical health issues must be dealt with, as early as possible.

Poor health affects a migrant’s ability to get a job, learn the local language,
interact with public institutions and do well in school—all things that are
critical to integrating successfully. Host countries should assess the mental
health of newcomers, conduct physical evaluations, and grant humanitarian
migrants access to regular healthcare and ensure they are able to use it.

5. It must be acknowledged that integration can take a long time, particularly

for the least educated

While long-term support is expensive, it pays off in the long run, even
benefiting the children of refugees who might otherwise struggle with
integration issues themselves. For example, Denmark’s “staircase” model
gradually leads new arrivals and longer-term immigrants into regular
employment via intensive language training, an introduction to the workplace,
and subsidized initial employment, which can be combined with further on-
the-job language training and upskilling.
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The OECD's recommendations are only one of a number of contributions on

this topic and other international organizations, such as the IMF, IOM, and
UNHCR, have important perspectives to bring into this discussion as well.
However, what is clear is that we need to pay close attention to how to best
support the integration of refugees, for the sake of the refugees themselves
and host countries alike. This year at the Olympics Games in Rio, for the first
time ever, we saw the Refugee Olympic Team, with refugees from across the
world. In the words of IOC President Thomas Bach, “these refugee athletes
showed the world that despite the unimaginable tragedies that they have
faced, anyone can contribute to society through their talent, skills, and
strength of the human spirit.” We need a new generation of migration policies
for the 21st century. These policies must be both global and local—global,
because no country can deal with large flows in isolation and local, because
policies must promote quick and effective integration.

Committee Backgrounder

The UN System Chief Executives Board for Coordination (CEB) is the longest-
standing and highest-level coordination forum of the United Nations system. It
meets biannually and is chaired by the UN Secretary-General. The UN System
Chief Executives Board for Coordination (CEB) comprises 31 executive heads of
the United Nations and its funds and programmes, the specialized agencies,
including the Bretton Woods Institutions (The World Bank and the IMF), and
related organizations—the WTO, the UNOPS and the IAEA.

The CEB provides broad guidance, coordination, and strategic direction for the
system as a whole in the areas under the responsibility of the executive heads.
Focus is placed on inter-agency priorities and initiatives while ensuring that the
independent mandates of organizations are maintained.
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The United Nations System Chief Executives Board for Coordination (CEB)
carries out its role through three high-level committees: High-Level Committee
on Programmes (HLCP), High-Level Committee on Management (HLCM) and
the United Nations Development Group (UNDG).

References:

1.OECD (2016), Making Integration Work: Refugees and others in need of

protection, OECD Publishing, Paris.

2. United Nations Office of the High Commissioner for Human Rights (1996),
Fact Sheet No. 16 (Rev. 1): The Committee on Economic, Social and Cultural
Rights.

3. World Economic Forum (2017), 10 ways countries can help refugees

integrate. Available at:

https://www.weforum.org/agenda/2016/05/10-ways-countries-can-help-
refugees-integrate/[Accessed 29 Dec. 2017].

4.Librarians (2017), Preserving Refugee Cultural Heritage: Taking Community

and Culture in…. [online]. Available
at:https://www.slideshare.net/entrelib/chu-bird-orgz [Accessed 29 Dec. 2017].

5. Gabriella, Lazaridis. “The Impacts of the Global Economic and Financial

Crisis” in Research in Migration and Ethnic Relations: Security Insecurity and
Migration in Europe, 67-81, Farnham: Ashgate Publishing Group (2011).