In spite of the prevailing security dynamics in Yemen and Libya, both states continue to serve as areas of transit along some of the world’s largest mixed migration routes, leaving migrants caught in the crossfire of the two conflicts. This article examines the legal framework governing the protection of migrants in armed conflict under international humanitarian and human rights law. It also identifies two adverse incentives produced by the conflict situations that impede the exercise of these legal protections: (1) profits derived from migrant smuggling and trafficking, and (2) the use of migrants to support armed groups. In the absence of stable conditions in Yemen and Libya, individuals have little reason to respect international legal protections and discontinue migrant abuse connected with the lucrative businesses of smuggling and trafficking. The intractable nature of the two conflicts has also led to the strategic use of migrants as armed support, and more specifically as combatants, weapons transports, and human shields. Given these realities, the article outlines several recommendations to address the issue of migrant abuse in conflict. It recommends that states, particularly those neighboring Yemen and Libya, strengthen regular migration pathways to help reduce the number of migrants transiting through active conflict zones. It further advises that the international community increase the cost of non-compliance to international humanitarian law through the use of accountability mechanisms and through strategic measures, including grants of reciprocal respect to armed groups that observe protections accorded to migrants in conflict situations.
Session III: Addressing the Legal Obstacles to Immigrant Integration, Protection and Defense
Uganda has long promoted refugee self-reliance as a sustainable livelihood strategy with progressive land-allocation and free-movement-for-work policies. Framed as a dialogue with Oxford University Refugee Studies Centre (“the Centre”), this article explores sustainable solutions that benefit refugees as well as the host populations that receive them. It explores the self-reliance opportunities that depend on the transnational, national, and local markets in which refugees participate. It acknowledges the Centre’s substantial work and welcomes its focus on economic outcomes. For Nakivale Refugee Settlement in Uganda, however, the discussion of “refugee economies” may not be complete without problematizing the effects on the host populations living alongside the refugees.
The Liberian Refugee Immigration Fairness (“LRIF”) program is the first US legalization program – creating a path to lawful permanent resident (LPR) status – in many years. There is a significant risk that many eligible Liberians and their family members may not meet the application deadline due to the effects of the COVID-19 pandemic and poor roll-out of the program. To highlight this concern, the Center for Migration Studies of New York (CMS) has produced estimates – rounded to the nearest hundred – of the Liberian nationals who arrived in 2014 or earlier, and who are not naturalized US citizens or LPRs, and of their non-US citizen, non-LPR spouses and unmarried children who are also potentially eligible to adjust under LRIF.
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.
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.