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Showing posts with label UNHCR. Show all posts
Showing posts with label UNHCR. Show all posts

Monday, October 14, 2013

Big Data and Migration- What's in Store?

Unless you've been assiduously avoiding the internet the last few years, you've probably heard the term "Big Data" thrown around and witnessed the breathless speculation that generally accompanies its discussion. Interestingly, I haven't yet seen anyone talking about what the implications of the imminent big data revolution will be on migration studies, an area which is defined by a distinct lack of data. By way of starting a conversation, allow me to offer my predictions on what the impact will likely be.

I posit two main impacts of big data on migration studies/policies/ politics. One positive, one negative.

Positive: 1. It will allow scholars, NGOs and activists to track flows of migration like never before, making humanitarian interventions easier, allowing us to fight back against fear-mongering false statistics in the media, and providing new ways of preventing statelessness and human trafficking.

Negative: 2. It will allow governments to track undocumented migrants with an unheard of ease, prevent refugee flows from entering their countries, and track remittances and travel in ways that put migrants at new risks.

In short, this proliferation of knowledge could easily cut in both ways. In the following, I will describe the above scenarios in greater detail, and offer my opinions as to how we can (attempt to) avoid the downsides of the impact of big data on migration.

How Big Data Provides Information about Migration

In Big Data: A Revolution That Will Transform How We Live Work and Think, authors Viktor Mayer-Schonburger and Kenneth Cukier describe how a proliferation of data, thanks largely to the internet, has made new advances in prediction and analysis possible (and exploitable by those quick enough to grasp how to use it.) For example, Google, by analysing search data from past flu outbreaks, is able to make predictions about the next flu outbreaks with more accuracy than the CDC could ever have previously dreamt. Facebook uses your likes and interactions (along with other metrics) to guess what products you might be most interested in, just like Amazon, compiling the buying history of millions of customers, is able to make a much better guess about what you are going to buy than your book club.

The point is, having access to massive amounts of data can often be a more accurate predictor of behavior than the traditional polls or surveys, which rely on random samples or other means. The power of big data to predict is far from being totally harnessed, but as more people use the internet and offer up information about themselves, their interests, moods, and consumer behavior, the analysis becomes more accurate.

So how exactly does this relate to migration data? In several ways:
  • Self-provided information: Ever changed your location on facebook or twitter to reflect a move? Tagged pictures from your European vacation with each country and city you visited? Signed into FourSquare?
  • Passively Collected Information: As you've probably realized post-Snowden, information about flights, wired money transfers, international emails and text messages, and even GPS locations are stored, and available to some for analysis. 
  • Searches: If you have auto-complete turned on for google, take a look at popular migration-related search chains. "Moving to San Francisco", "USA immigration requirements" "EU asylum lawyers"- all of these could be indicators of intent to migrate or move. This information is also collected and saved.
By using combinations of these data types, it boggles the mind what might be possible. For example, why not compare official state statistics of individuals from say, Romania, registered in say, Berlin. Then compare this against facebook profiles that have hometowns in Romania and current locations in Berlin to see who isn't mentioned.
Or, predict the next refugee wave by tracking purchases, money transfers and search terms prior to the last major wave.
Or connect the locations of recipients of text messages and emails to construct an international network and identify people vulnerable to making the big move to join their family or spouse abroad. (If the NSA can do it, why not Frontex?)
Or, an even more sinister possibility- identify undocumented migrant clusters with greater accuracy than ever before by comparing identity and location data with government statistics on who is legally registered.

I know what you're thinking: this might illuminate the behavior of rich kids with smart phones, but for the most vulnerable and poor among us, their interaction with technology is likely to be far more limited. That certainly may be the case, but even the least technologically connected amongst us might well use cell phones and send text messages, shop at companies that utilize data mining, or send money to family members using wire transfers. Further, the nature of Big Data makes this increasingly unimportant- the masses of data that are available make guesses about the rest of the population possible, and can identify trends that include you, even if you didn't contribute to the "research."  As Mayer-Schonburger and Cukier point out, big volumes of data may be "messy" or contain lots of red herrings and inaccuracies, but their size tends to make them more accurate than samples regardless.

The Good News for Migration Studies
All this proliferation of data would be a marked departure in the field of migration studies. As Jeff Crisp wrote in his well-known 1999 article, "Who Has Counted the Refugees":
Despite the centrality of statistics to the field of refugee studies, scholars working in this area have been remarkably inattentive to the issue of quantitative data. While all of the standard works on refugees are replete with numbers, few even begin to question the source or accuracy of those statistics. Scholars have generally been content to rely on figures offered by the two leading producers of refugee statistics - UNHCR and the US Committee for Refugees (USCR) - despite the fact that the figures presented by the two organizations very often differ!
Now, more than a decade later, a lack of statistics on migration and ethnicity continue to plague the field of migration and human rights more generally. We still rely on UNHCR estimates, and undocumented migrants are no closer to being counted in official registers than before. The Open Society Foundation has long been pushing for European governments to collect racially disaggregated statistics in order to comply with European law and illuminate inequality. In a recent blog post for Open Society by Costanza Hermanin ("Making 'Big Data' Work for Equality"), she pointed out the irony of the PRISM scandal when European governments can't seem to collect basic data:
As the recent PRISM program scandal in the United States highlighted, corporations and governments can gather information of any kind about us. Your emails, the foods you like, where you travel, and your shopping preferences are all examples of personal data that can be mined for profiling purposes. It’s ironic, then, that when discussing ethnic minorities or people with disabilities in Europe, “no data available” is a common excuse for not doing more to fight discrimination and inequality.
In addition to making it more difficult to fight discrimination, a lack of statistics (or just as bad, incomplete and inaccurate data) can easily be exploited by irresponsible media or right wing politicians. As I pointed out in a recent article, when it came to media coverage of a supposed "influx" of Roma from Bulgaria and Romania in Germany, the thrilling headlines and distorted statistics may have had real-world consequences for citizens of the two countries.

I don't have the space (or will) to elaborate on all the different ways that more accurate quantitative data could impact the study of migration, but I think its no exaggeration to say the impact could be major. In addition to proving evidence of discrimination and taking the air out of anti-immigrant hyperbole, it could mean any number of advances, such as identifying people at risk for human trafficking, determining what is most needed in a refugee camp,  and learning much more than we now know about identity, diasporas and remittances.

Needless to say, much of this information could also be used for less than noble purposes by governments, corporations, and hate groups, so let me now turn to the downsides of big data.

The Bad News and What to Do About It
via Indymedia

If you've followed me for this far, I have no doubt that the thought has crossed your mind that this whole Big Data thing could also be really bad news for migrants. After all, one of the reasons that we are lacking statistics is because so many migrants, stateless persons and refugees are forced to live in the shadows, unable to claim recognition at the state-level in fear of deportation under restrictive immigration laws. If its bad now, how bad will it be when governments have practically unlimited means for tracking people and their movements? (I don't want to get into the many possibilities for unethical behavior here, lest I be charged with giving them ideas.)

Far be it from me to dissuade you from letting the Gattaca-like scenario unfold in your head. I certainly do think that this may be where we are heading. But that is why it is so important that the "good guys"- people interested in studying rather than criminalizing migration, as well as human rights advocates- are ahead of the curve and preparing for what Big Data will mean for us.

I would argue that this unprecedented opportunity to gather real-time information about migration might illuminate all sorts of policy alternatives to detention and deportation. If immigrant-rights advocates get the jump start, we may have the chance to change minds and hearts, even laws, before the data is used in ways that violate human rights.

And to the extent that isn't possible, it will be necessary to prepare. From a legal perspective, it will be crucial to determine in what ways tracking and identifying of migrants is possible so that we will know what sort of threat big data poses to due process, privacy and the right to freedom of movement. We will need to be familiar with techniques used for tracking migrants or preventing family reunification so that can develop strong arguments against them, even at the same time as we wish to access many of the same stats ourselves for study. We will need to know all the legal justifications for data mining, as well as all the possible legal protections to prevent it. (A few good PhDs on the subject would be a good start.) In short, in order to fight the dangers of big data, it will not do to turn a blind eye and hope that governments do the same.

Is big data a double edged sword? Absolutely. But we ignore its potential impact on migrants and migration at our own peril. After all, at the end of the day we are just talking information here. Data is neutral, its all in how its used that makes the difference. If we allow ourselves to overtaken by governments and their contractors in the race to access and shape that information, then we are taking a giant risk that governments will use big data for good- a bet that historical experience suggests is extremely naive.

I'd love to hear your thoughts and criticisms in the comments. 

Friday, May 4, 2012

Non-Citizen News Roundup

Protestor in Hungary- photo via ENAR
Kuwait: After last week's promise to grant citizenship to 3000 of the 100,000 stateless residents of Kuwait, the Bidoons are in the spotlight again for protests against the government. At a protest on Tuesday police used force, including batons, to disperse the crowd of over 200 and accused the protestors of violence against the police. The protestors were angered by a promise of identification that would have indicated their stateless status, thereby ensuring discrimination.
 Meanwhile, still convinced that this is not really their problem, the Kuwaiti government has requested some 42,000 passports for Bidoons from Iraq so that they can be issued work documents. (I'm sure Iraq was all, "Totally, we'll just send those right over!") Facing arrests, deportation and jail time the protestors continue on, which demonstrates that this problem is not going to go away without serious efforts by the government.


Hungary: As part of the continuing effort to shock the EU with their human-rights deviant behavior, Hungary is now being accused of locking up asylum seekers alongside criminals for months after arrival. Some have apparently been beaten and denied the opportunity to apply for asylum. If Hungary is indeed violating human rights norms on detention and refoulement, let's hope they manage to straighten out the system before 800 more ECtHR cases are filed against them. (Strasbourg must be SO sick of getting cases from Hungary..)

Hungary as a Country of Asylum (PDF via RefWorld)
And in short: 

Israel: Are asylum-seekers, particularly from Africa, facing discrimination and violence?

Australia: Politicians offer an idea for their asylum woes: Pay citizens to host asylum families. Well, its a better idea than detention or return, but will Aussies go for it?
Govt Defends Asylum Seeker Homestay Plan (via Sydney Morning Herald)

Afghanistan: Following a (fund-raising) conference in Geneva held by UNHCR, several countries have agreed to contribute $1.9 billion to support the return of refugees to Afghanistan. Wonder how much the US chipped in?
Countries Agree on 1.9B Afghan Refugee Strategy (via AP)

Monday, April 9, 2012

Serbia: MoU on birth registration of legally invisible Roma

Min. of Human and Minority Rights Milan Markovic
Between being weeks away from an election and locked into an EU accession process, Serbian politicians are in major suck-up mode, especially on transparency and human rights. However, there's no reason not to take today's news optimistically:
Office of the United Nations High Commissioner for Refugees, Ministry of Human and Minority Rights, Public Administration and Local Self-Government of the Republic of Serbia and the Ombudsman signed a Memorandum of Understanding establishing the basis for closer cooperation to address the issue of birth registration of Roma ethnic minority who are not registered in official records. -(google translate of UNHCR Serbia's release)
The deputy head of EU delegation to Serbia, Adriano Martins, was also in attendance. Serbia has been under major pressure to advance the human rights situation of the Roma, and pledged back in December to try to make citizenship more widely available at the UNHCR conference of ministers. So far, however, they have done exactly nothing to implement the 1961 Convention or improve their poorly organized birth registration laws. As it stands, persons are required to present an identity to card to register the birth of their child and therefore, children of legally invisible persons are rendered legally invisible themselves. Since I am working on this issue right now, I have some unofficial, opinionated recommendations for what they should attempt do with this MoU:

1.)With the help of UNHCR, establish a procedure for determining statelessness of parents in order to comply with Article 1 of the 1961 Convention (requiring that children born stateless are granted citizenship.)

2.) Allow all persons giving birth on the territory of Serbia- with or without documents- to register their children at birth, as required by the Convention on the Rights of the Child and the Universal Declaration of Human Rights. This should apply to all persons giving birth on the territory without any discrimination.

3.) Allow for late registration of persons who never made it into the birth registry books. Allow for a range of evidence to prove the fact of birth, including use of witnesses and/ or DNA tests.

4.) Make birth registration and late registration mandatory and free, and disseminate information about the benefits of the procedure through various means, such as radio ads.

These steps may be more difficult to implement after elections and the accompanying shuffle in characters, but it does seem as though the time is right for focusing on improvements to human rights standards. I think NGO's and stakeholders should use this momentum and the spotlight of the EU to mount additional pressure on the government to do something other than signing agreements and publicizing them.

Regardless, its great to see the Serbian government paying attention to this issue and ostensibly moving forward towards a solution.

Monday, April 2, 2012

"Nowhere People" Opening in Belgrade Highlights Statelessness

The Serbian Speaker of the House introducing the "Nowhere People" exhibit
Monday in Belgrade was the opening of "Nowhere People"- an exhibit of photographs by Greg Constantine whose beautiful and haunting photos of stateless persons have been featured on the blog before. The opening was hosted by the Speaker of the House, Ms. Dejanovic, and by UNHCR who both congratulated Serbia on taking major steps to reduce statelessness by signing the 1961 Convention as well as pledging to help the legally invisible with the law on non-contentious procedure (that would allow legally invisible persons to be registered.)

As could be expected the photographs were amazing, and well-curated with small explanations next to each in English and Serbian. However the proceedings were just a teensy bit odd in my opinion. After all, its exciting to sign a convention and draft a law, but it doesn't mean much if the convention isn't implemented and the law isn't even put up for a vote. The speeches made it seem as though reducing statelessness in Serbia is a done deal, when in fact the real work hasn't even begun.

Nevertheless, the exhibit was well-attended and certainly brought attention to the issue, as seen by the plethora of stories in the Serbian press on the subject. That's all good... but now let's see less talk and more action!

Photographs and attendees

B92: 30,000 People in Serbia have no personal ID

Friday, December 9, 2011

Day 2 of the Conference Brings Major Results

Guterres to countries: "Nice work, y'all!"
Its still too soon to judge, but it would appear that the UNHCR conference in Geneva this week was a huge success in garnering increased protection of stateless persons and refugees. Its pretty shocking, actually, how many states were willing to pledge to change their citizenship laws, accede to the Statelessness or Refugee Conventions, or to make asylum procedures or court proceedings more fair. I'm guessing UNHCR staff are asking themselves right now, "Why didn't we do this years ago?"

Let's take a look at some of the big announcements coming out yesterday:
  •  The following nations will accede to BOTH statelessness conventions (1954 and 1961) : the Gambia, Haiti, Moldova, Sierra Leone, South Africa, South Sudan, Tanzania, Ukraine, and Yemen. Remember, 1961 confers citizenship on children born stateless in the signatory nation, so this is truly very significant.
  •  Serbia joined the 1961 Convention (HUGE) as did Zimbabwe, Columbia, Paraguay, Mozambique, Burundi, Guinea, and Belgium.
  • Liberia and Senegal both pledged to amend their laws to allow citizenship to pass through the mother, as well as the father. (A huge strike against statelessness and legal invisibility in those nations.)
  • The US made a whole range of pledges, totaling 28, including providing refugee minors with cultural education, working to eliminate the 1-year filing deadline on asylum applications, promote pro-bono legal assistance for undocumented migrant youth, and provide additional services to LBQT asylum seekers and survivors of gender-based violence.
  • Australia, Brazil, and 6 other countries pledged to improve methods of identifying stateless population. (Wow, way to go all out there, Australia. Would have liked to see some pledges on the asylum-seeker debacle, but maybe next time)
All in all, over 60 countries made pledges, and as High Commish Guterres noted, the conference marked a "quantum leap" on the issue of statelessness. Despite the very hard work being done on the issue all over the world by smaller agencies and non-profits, today's results are of the sort that can only be accomplished with massive coordination and international pressure. A conference like this shows us that its not time to give up on international cooperation just yet.

Congratulations, UNHCR! The future is looking a lot brighter for stateless persons and refugees.

Thursday, December 8, 2011

Landmark Stateless Conference in Geneva this Week

As mentioned a few weeks ago, the UNHCR is holding its major conference on forced displacement and statelessness this week in Geneva. Today is the second day of the conference, and of course we are all eagerly waiting to hear what is in store (and especially whether any states will be making announcements pertaining to Treaty signatures). However, a lot has already happened, so here is a quick recap for those of us not lucky enough to be in Geneva.
  •  High Commish Antonio Guterres opened the event with a speech emphasizing re-commitment, especially in the face of increased fear and intolerance. "Populist politicians and irresponsible elements of the media exploit feelings of fear and insecurity to scapegoat foreigners, to try to force the adoption of restrictive policies, and to actively spread racist and xenophobic sentiments," he said, in a comment that was a little more political than one is used to hearing from UNHCR. He emphasized the principles of collective security and non-refoulement that underlie the refugee regime, and announced a new effort by the organization to concentrate more heavily on gender and sex-based violence.
  • A theme of the conference was "pledges for refugees:" States were encouraged to make commitments to strengthen existing laws or create new ones designed to identity and protect stateless persons and refugees. Most of the attendees apparently pledged to help in one way or another. (See some on twitter, #pledges4refugees")
  • Sarnata Reynolds was live-tweeting the events yesterday and her tweets are definitely worth a perusal. Among the revelations: Georgia is about to pass the 1951 Statelessness Convention (YES!), Korea will adopt legislation promoting rights of asylum-seekers, Papa New Guinea will lift reservations on conventions (among other things), and Krygistan will promote child registration to reduce statelessness. If even some of the pledges are kept, the conference will have been a huge success!
  • Serbia mysteriously alluded to new changes to the citizenship laws that would "enable all persons in Serbia’s territory to acquire citizenship". I'm working on this issue right now, so I am very curious to what they are referring... Remarks available here.
  • U.S. Secretary of State Hillary Clinton gave a speech focusing on gender and statelessness, highlighting the link between discriminatory citizenship laws and children born stateless. "Because of these discriminatory laws, women often can’t register their marriages, the births of their children, or deaths in their families. So these laws perpetuate generations of stateless people, who are often unable to work legally or travel freely..."  She then went on to pledge the US's support in encouraging universal birth registration. Oh man, if loving Hillary Clinton is wrong, I don't want to be right. (Full text of speech available here.)
The conference continues today! You can follow it live via satelite here at the UNHCR's livestream.

Monday, November 28, 2011

Non-Citizen News Roundup

Photo via AP
Israel: On Sunday, hundreds of immigrants and allies protested at the Israeli Immigrant Absorption Ministry after a recent government recommendation to reduce the number of Ethiopian Jews accepted monthly as part of aliyah. The idea comes at a time when the government claims it is having trouble keeping up with the pace of immigration and assimilation needs. Opponents of the plan claim that there are already close to 4,000 recognized Ethiopian Jews waiting to immigrate and that the Government is looking for excuses to avoid its obligations. (There's probably a little truth to both positions.)
Ethiopians Protest Govt's Proposal to Reduce Aliyah (via Jerusalem Post)

UK: The United Kingdom is getting some increased (and probably unwanted) attention in the wake of a new report by UNHCR describing the legal limbo that stateless persons there live in. Many have been denied asylum or any right to remain, but are also un-deportable because no country will accept them. Therefore, they live on the street or hang out in detention centers- not a good situation.
Mapping Statelessness in the UK (via UNHCR)
What its like to be Stateless in Britain- Nischal's Story (via Alertnet)

Australia: Shockingly, Australia has more asylum trouble this week, as 3 Kurdish aslyum-seekers have sewn their lips together in the wake of having their asylum applications denied. Due to the fact that the young men are stateless, they cannot be repatriated anywhere and instead have remained in detention for between 18 and 22 months each. Much like the UK problems described above- it sounds like governments are going to need to reevaluate how they handle non-deportable stateless persons- endless detention and legal limbo are not the answer!
3 Kurdish Men Sew lips together in Protest (via Courier Mail)
Asylum Seekers sew lips together in Australia Protest (via AsiaOne)


Wednesday, November 9, 2011

UNHCR to host major summit on statelessness

UNHCR announced yesterday that they would hold a major summit in Geneva on December 7th and 8th on the topic of statelessness and forced displacement, calling it "the diplomatic centerpiece" of the year.

Adrian Edwards, UNHCR spokesperson, announced that major government representatives from many countries would attend, as well as at least one head of state (probably not Berlusconi, sadly) and that there would be a "treaty signing event". Given that the major treaty focus of the year is the 1961 Convention on the Reduction of Statelessness, it seems we can hope for some additional accessions. Of course, there are still plenty of countries that have not signed the Refugee Convention (coughASIAcough) so that could be another focus.

So, in one month are we going to see some major advances on statelessness and displacement? Let's hope so! Wish I could snag an invite....

UNHCR to host international meeting on world's stateless, forcibly displaced

Wednesday, November 2, 2011

Non-Citizen News Roundup

Dia de los Muertos in Mexico City
Mexico: Maybe its not strictly relevant, but it is timely: Brujas and Brujos in Mexico find themselves in high demand for problems related to drug cartels. Some witches charge for protection from extortion, or use their senses to find a missing kidnapped relative. And its not just victims turning to the craft: some of the wizards and witches report visits by cartel members and police officers as well.
Mexicans turn to witchcraft to ward off drug cartels (via NY Times)

Australia: Sad news this morning as a capsized  boat carrying asylum seekers left at least 8 dead and 10 still missing,. The boat carried some 70 Iranian, Afghan, and Pakistani asylum seekers determined to make the passage from Indonesia to reach Australia's shores. The incident is causing a big rehashing of the Malaysian swap deal. As Immigration Minister Chris Bowen stated, "it is a fact that when you have more boats coming to Australia you will see more deaths." (So it's either flout the 1951 Convention OR death at sea? Is there possibly a third option?)
10 asylum seekers still missing off Java  (via Sydney Morning Herald)
Australia shock at asylum boat tragedy off Indonesia (via BBC)

Croatia: At a meeting in Zagreb on birth and civil registration, the UNHCR urged Southeastern European countries to accede to the 1961 Convention on the Reduction of Statelessness. Currently, both Croatia and Bosnia and Herzogovina have acceded, but many other nations in the region have not. Among other protection, the 1961 convention provides that a child born in the country who would otherwise be stateless receives the nationality of the birth country. The UNCHR argued this would help the plight of the region's Roma, who currently represent a majority of the stateless and legally invisible. I couldn't agree more.
UNCHR drives effort to reduce statelessness in Southeast Europe (via Alert Net)

Tuesday, October 18, 2011

UNHCR Report: Trends for the first half of 2011

Serbian asylum seekers, via Serbian Herald
Today UNHCR released a report detailing asylum trends in 44 countries for the first half of 2011. It by no means offers a complete picture, given that it basically covers the Council of Europe plus a handful of other industrialized countries, but it is still packed with interesting findings. Among them:
  • Asylum applications are up overall by 17%, with the large majority (73%) being filed in Europe, but the USA accounting for the one single country receiving the most applications.
  • Asylum trends are not consistent over Europe, with applications down by 27% in the Nordic region (Danish immigration crackdown, anyone?) and asylum claims jumping by 57% in Southern Europe, especially in Turkey, Malta and Italy.
  • Afghanistan leads asylum seeker sending states, followed by China, Serbia (incl. Kosovo), Iraq and Iran.
  • The next 5 biggest sending states are Russia, Pakistan, Somalia, Eritrea and Nigeria
  • The top 5 receiving countries; USA, France, Germany, Sweden and the UK, received 53% of all the applications.
There are plenty of interesting findings within the report, but to me there are two big take-aways. First, "Arab Spring" didn't have the tremendous overall impact that one would expect- none of those countries involved made it into the top 10 asylum-seeker sending states, at least not for industrialized countries. On the other hand, Southern Europe's big jump in applications are partially attributable to Tunisia and Libya, which adds verification to the region's reputation as Europe's gatekeeper, and perhaps explains the upswing in anti-migrant violence we saw in Italy earlier this year.

The second interesting fact is Serbia's continued presence in the top 5 asylum-sending countries. Keeping in mind that Serbia has just been given the go-ahead for EU Applicant status, possibly to be agreed upon as soon as December, one can only hope that this will increase scrutiny of Serbia's human rights situation. Especially when it comes to the Roma, whom for my money probably make up the majority of asylum seekers.

You can read the whole report here:  Asylum Levels and Trends in Industrialized Countries

Tuesday, October 11, 2011

Non-Citizen News Round Up

Photo by Sandy Huffaker for the NY Times
US: Programs aimed at helping settled refugees to start their own farms are gaining traction across the country, as well as making farmer's market offerings more diverse.
When the Uprooted Put Down Roots (via the NY Times)

Australia: UNHCR endorses the controversial Malaysian refugee swap deal? According to this article, the High Commissioner feels refugees are better off in Malaysia, where at least they can work.
Australia's Malaysia Refugee Swap Deal Gets Support from UNHCR (via All Headlines News)

Cuba: Numbers of emigrants going up, likely due to stalling economy
Number of Cuban Migrants Has Surged in 2011 (via Miami Herald)

Mozambique: UNHCR will follow up last years program of mapping and documenting statelessness with a program this year to register Mozambique-born stateless persons. An estimated 2 million people are at risk.
UNHCR to Support Registration of Stateless People (via All Africa Global Media)

Norway: As "paperless" youth gain increased intention in Norway, some are calling for the revival of the Nansen Passport.
Effort Grows to Revive Nansen Passport (via Norway International Network)

Friday, August 26, 2011

UNHCR launches new campaign against Statelessness

A photo by Greg Constantine for a UNHCR photo essay on statelessness.
Just in time for the 50th anniversary of the 1961 Convention, UNHCR announced today that they are launching a new campaign to combat statelessness.
"These people are in desperate need of help because they live in a nightmarish legal limbo," says António Guterres, the UN High Commissioner for Refugees. "This makes them some of the most excluded people in the world. Apart from the misery caused to the people themselves, the effect of marginalizing whole groups of people across generations creates great stress in the societies they live in and is sometimes a source of conflict."
So that's good news, right? The campaign will apparently entail renewed efforts to encourage states to sign the statelessness convention, challenges to citizenship laws that left people out after state succession, and publicity to clarify definitions and get the issue "on the public agenda."

It's heartening to see that statelessness is receiving so much attention lately! Let's hope the mounting pressure from UNHCR has an impact!

Thursday, September 30, 2010

Does the Refugee Convention Provide rights for non-Refugees?

The most elementary right owed to refugees is that they not be returned, or “re-fouled” to their home state where they are endangered. The classic expression of the principle is found in the 1951 Convention: “No contracting state shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontier of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership in a certain social group or political opinion.”[1] The principle of non-refoulement is becoming, if it is not already, considered a “peremptory norm” of international law that binds all states. [2]     

In earlier treaties and in the original drafts of the 1951 Convention, the duty of non-refoulement applied only to individuals lawfully present in the state, “refugees who have been authorized to reside in [state party] regularly.”[3] But a shift occurred during the drafting, probably related to the fact that so many refugees were already present in the member states, that a restriction requiring legal entry would have the effect of delegitimizing the majority of valid refugees already present. It seems that parties had already acknowledged this fact, since the discussion of clandestine entry in the travaux is limited to stating that that it is acceptable.[4] Simply put, under the under the principle of non-refoulement any removal at all that puts the refugee in danger is prohibited, whether classified as deportation, forced repatriation, or any other name.[5] This applies to individuals regardless of whether they have been recognized as refugees by the state apparatus.[6] In other words, the principle of non-refoulement attaches at the same moment that you become a refugee under the 1951 Convention, and neither the status determination nor the attaching obligation is dependant on state classifications. This fact is important for undocumented migrants for two reasons

First, it legitimizes illegal entry in certain cases. As a matter of fact, the duty of non-refoulement only applies to individuals already present in the receiving state. As Hathaway explains, “if the duty of non-refoulement under Art. 33 of the Refugee Convention can be claimed only by persons who are, in fact, refugees, then it is not a right that inheres in persons who have yet to leave their country… because Art. 1 of the Convention defines a refugee as a person who resides‘outside the country of his nationality.’”[7] Opening the door to illegal entry is an important feature in and of itself, as it demonstrates that there are occasions in international law when the territorial jurisdiction of a state cedes precedence to the needs to an individual.
 
The second importance of non-refoulement as it relates to clandestine entry is that it creates a presumption that individuals entering a country illegally could potentially have a claim to asylum. This presumption in turn creates a need for a minimum standard of administrative procedures prior to expulsion that could be beneficiary for a person regardless of his or her status.

Status Determinations
If an individual meets the definition of refugee under the 1951 Convention then he or she is a refugee, regardless of whether or not his or her host government or any other body finds otherwise. The 1967 Protocol does not list formal status recognition as a requirement[8] and the Handbook on Procedures and Criteria for Determining Refugee Status (“the Handbook”) explicitly states that a person becomes a refugee at the instant he or she fulfills the criteria. “Recognition of his refugee status does not therefore make him a refugee but declares him to be one. He does not become a refugee because of recognition, but is recognized because he is a refugee.”[9] This being the case, states may not expel individuals without some basic form of procedural due process to determine the validity of their asylum claim, lest they violate the principle of non-refoulement.

UNHCR recognizes that a variety of procedural systems could adequately determine refugee status, and therefore does not suggest one method for doing so, but does lay out a set ofrecommendations for minimum standards when dealing with refugee status determinations that would comply with the Convention.[10] At the least, individuals should have an opportunity to speak to an official familiar with the State’s international obligations, have access to an interpreter, and the ability to remain in the country pending adjudication of his application, as well as the opportunity to appeal at a higher court.[11]

While it would seem that a majority of 1951 convention states do comply with UNHCR’s recommendation in some form, the effect of these basic due process provisions is beneficial to undocumented migrants regardless of whether or not they are enacted. First, they provide an opportunity to engage with the receiving state’s legal system that may lead to residence status, even in the absence of a refugee determination under the 1951 Convention. Second, in States that do not comply, the lack of these standards is a foothold for NGO’s and human rights treaties to attack the treatment of migrants in general.

*Excerpted from a previous memo on the subject of non-refoulement and rights for undocumented peoples.

________________________________

[1] 1951 Convention at art. 33
[2] Daniel Bethlehem and Sir Elihu Lauterpacht "The Scope and Content of the Principle of non-refoulement: Opinion", in Refugee Protection in International Law 107 (Erika Feller, Volker Turk, Frances Nicholson eds., 2001)
[3] Convention Relating to the Status of Refugees, 159 LNTS 3663, Oct. 28, 1933 at Art. 3.
[4] Collected Travaux at A/CONF.2/SR. 5, 16 
[5] Bethlehem and Lauterpacht supra note 126 at 112.
[6] Id at 116
[7] James C. Hathaway. The Rights of Refugees under International Law. 307 (2005)
[8] 1967 Protocol
[9] UNHCR, Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees ¶ 28, UN Doc.  HCR/IP/4/ENG/REV.1.
[10] Id at 191
[11] Id at 192 (i)-(vii)

Wednesday, September 15, 2010

LGBQT Asylum Part 1- a good fit under "particular social group?"


As states like Uganda pass restrictive measures against gays and lesbians, and countries all over the world continue to harass people that dare to be openly transgendered or gay, it is worth asking whether the 1951 Refugee Convention accommodates LGBQT asylum claims. My opinion? It should, easily, but the practices of receiving states vary, and often reflect their ambivalence with their own LGBQT populations.

"Particular Social Group"
The most vague group protected under 1951 Convention’s refugee definition is “member of a particular social group.” In recent years it has been invoked as a basis of asylum by a range of people both successfully and unsuccessfully, including but not limited to, victims of Female Genital Mutilation (See: Mohammed v. Gonzales, 400 F.3d 785 (9th Cir. 2005)), ex-gang members (see: INS v. Elias-Zacarias, 502 U.S. 478 (1992)), the disabled , and a range of LGBT individuals. But what exactly does this phrase mean?

The Refugee Convention Handbook states, “a ‘particular social group’ normally comprises persons of similar background, habits or social status. A claim to fear of persecution under this heading may frequently overlap with a claim to fear of persecution on other grounds, i.e. race, religion or nationality (77)." As this definition indicates, the “social group” category is rather broad. The travaux preparatoires is scarcely more helpful. “In the first place, experience had shown that certain refugees had been persecuted because they belonged to particular social groups.  The draft Convention made no provision for such cases, and one designed to cover them should accordingly be included (14)” With so little elaboration, it is difficult to determine what exactly was contemplated at the time of the group’s inclusion within the 1951 Convention.

However, it's at least possible, if not probable, that persecution for reason of sexual orientation could have been in the mind of the authors of the convention. The other categories tend to roughly correspond to the groups of people that were persecuted under German and Italian fascism, and which had caused large numbers of refugees during the post-World War II period. It could scarcely have escaped the attention of the drafters that alongside Jews, Gypsies, Anarchists and anti-fascist Resistance members, gays and lesbians were also targeted heavily by the Nazis.

Additionally, UNHCR has clarified its position on several occasions, most notably in a 2004 Advisory Opinion to the Tokyo Bar Association. In the Opinion, UNHCR explains that sexual orientation can be a cognizable “social group” under the 1951 Convention. “…In UNHCR’s view, homosexuals can be within the ambit of a social group category, either as a group sharing a common characteristic or because they are perceived as a cognizable group in the society (8)". In addition, the Opinion notes that while not all LGBT individuals are automatically entitled to refugee protection, that persecution can be proved in a variety of ways, including by reference to laws criminalizing homosexuality(4).  


So, it would seem that "membership in a particular social group" is in fact a good fit for many LBQT asylum claims. Stay tuned for part two, when I'll review some relevant case law on the subject.