Asylum-seekers / Refugees

Asylum-seekers / Refugees

Building Blocks and Challenges for the Implementation of the Global Compact on Refugees in Africa

This is the second of three JMHS papers on implementation of different aspects of the Global Compact on Safe, Orderly and Regular Migration (GCM) and the Global Compact on Refugees (GCR). The papers have been produced by three think-tanks – the Scalabrini Migration Center (SMC) in Manila, covering the Asia-Pacific region, the Scalabrini Institute for Human Mobility in Africa (SIHMA) in Cape Town, and the Center for Migration Studies of New York (CMS). This paper from SIHMA examines the prospects for implementation of the GCR in sub-Saharan Africa. It argues that, given increases in the number of forcibly displaced people in recent years, responses to refugee crises need to shift from a humanitarian system of “care and maintenance,” to more comprehensive and effective development responses. It discusses how best to promote a resilience-based development approach. It recognizes that many development initiatives that have been implemented or that still need to be implemented under the normative framework of the GCR and the Comprehensive Refugee Response Framework (CRRF), are subject to a multiyear planning and implementation cycle. Therefore, the article does not seek to evaluate their efficacy or measure their progress.  Rather, it identifies key challenges and it highlights achievements and promising initiatives in sub-Saharan Africa. It particularly focuses on implementation and rollout of the CRRF in Chad, Djibouti, Ethiopia, Kenya, Rwanda, Somalia, Uganda, and Zambia in Africa.

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Humanitarian Crisis of “Staggering” Dimensions Heightens in Idlib

Omar al-Muqdad – a prominent journalist, documentary filmmaker, and former Syrian refugee – writes a regular blog for CMS titled, “Dispatches from the Global Crisis in Refugee Protection.” This series covers the Syrian Civil War, the experiences of Syria’s immense and far-flung refugee population, the global crisis in refugee protection, religious persecution, and US refugee and immigration policies. Mr. al-Muqdad’s work has been featured by the BBC, CNN, and in many other media outlets. Resettled in the United States in 2012, Mr. al-Muqdad became a US citizen in Spring 2018. CMS features this series in its weekly Migration Update and on its website.

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Not for Adults Only: Toward a Child’s Lens in Migration Policies in Asia

This is the first of three JMHS papers that will be released this month on implementation of different aspects of the Global Compact on Safe, Orderly and Regular Migration (GCM) and the Global Compact on Refugees (GCR). The papers have been produced by three think-tanks – the Scalabrini Migration Center (SMC) in Manila, covering the Asia-Pacific region, the Scalabrini Institute for Human Mobility in Africa (SIHMA) in Cape Town, and the Center for Migration Studies of New York (CMS) – that belong to the global network of Scalabrini Migration Study Centers (SMSC). This paper by SMC provides an overview of the challenges faced by children as migration actors. It considers the policy responses and programs that select countries in East, South, and Southeast Asia have developed to address children’s experiences and concerns in the context of the GCM and GCR. Many Asian countries have endorsed the Compacts, which set forth objectives, commitments, and actions informed by the principle of promoting the best interests of the child. They also call for states to promote universal birth registration, to enhance access to education, health and social services regardless of legal status, and to create inclusive and socially cohesive societies. Most countries in Asia have yet to meet these standards. Endorsing the two Compacts, however, was a first step. The good practices that have been implemented in a number of Asian countries, the paper argues, provide a template for how to translate the Compacts’ objectives into action and how to ensure that the full protection and best interests of migrant children, the left-behind children of migrant workers, and those who are part of multicultural families remain a priority.

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What’s Wrong with Temporary Protected Status and How to Fix It

This paper evaluates the purpose and effectiveness of the Temporary Protected Status (TPS) statute and identifies inadequacies in the TPS regime and related protection gaps in the US asylum system. It argues that TPS has not proven to be an effective mechanism for the United States to protect foreigners from generalized conditions of danger in their home countries. It calls for changing the US protection regime to make it more responsive to the risks many asylum seekers actually face by creating a broader “complementary protection” standard and a more effective procedure for assessing individual protection claims, while reserving “temporary protection” for rare situations of mass influx that overwhelm the government’s capacity to process individual asylum claims. Considering alternative models for complementary protection from other jurisdictions, this article proposes that the United States adopt an individualized complementary protection standard for arriving asylum seekers who are not able to meet the 1951 Refugee Convention standard but who would face a serious threat to life or physical integrity if returned because of a real risk of (1) cruel, inhuman, or degrading treatment or punishment; (2) violence; or (3) exceptional situations, for which there is no adequate domestic remedy.

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Statelessness in West Africa: An Assessment of Stateless Populations and Legal, Policy, and Administrative Frameworks in Ghana

Drawing on qualitative interviews that are complemented by the analysis of government policy documents, this study examines statelessness in Ghana. It addresses a range of policy, legal, institutional, administrative, and other politico-socioeconomic matters attendant to the concept. The study defines statelessness in its strict legal sense. It recognizes populations at risk of statelessness that may be restricted from benefiting from the protection and privileges of their host state. Persons identified by the study as stateless or at risk of statelessness include persons from traditionally nomadic migratory communities, former refugees, persons residing in border communities, members of Zongo communities, trafficked persons, and those affected by gaps in previous constitutions. The study also identifies the consequences of statelessness, including lack of access to healthcare, education, justice, and work. The study offers several recommendations to prevent and reduce statelessness in Ghana.

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Statelessness in the United States: A Study to Estimate and Profile the US Stateless Population

This report describes a unique methodology to produce estimates and set forth the characteristics of US residents who are potentially stateless or potentially at risk of statelessness. It also lifts up the voices and challenges of stateless persons, and outlines steps to reduce statelessness and to safeguard the rights of stateless persons in the United States.

As part of the study, CMS developed extensive, well-documented profiles of non-US citizen residents who  are  potentially stateless  or  potentially at  risk  of  statelessness.  It  then  used these profiles to query American Community Survey data in order to develop provisional estimates and determine the characteristics of these populations.

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Cynthia S. Gorman of West Virginia University reviews Refuge Lost: Asylum Law in an Interdependent World by Daniel Ghezelbash. As Europe deals with a so-called ‘refugee crisis,’ Australia’s harsh border control policies have been suggested as a possible model for...

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“There Is No Safe Place”: Displacement and Flight from Idlib

Omar al-Muqdad – a prominent journalist, documentary filmmaker, and former Syrian refugee – writes a regular blog for CMS titled, “Dispatches from the Global Crisis in Refugee Protection.” This series covers the Syrian Civil War, the experiences of Syria’s immense and far-flung refugee population, the global crisis in refugee protection, religious persecution, and US refugee and immigration policies. Mr. al-Muqdad’s work has been featured by the BBC, CNN, and in many other media outlets. Resettled in the United States in 2012, Mr. al-Muqdad became a US citizen in Spring 2018. CMS features this series in its weekly Migration Update and on its website.

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