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)

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.

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UK to opt-out of EU Asylum Directive?

According to an article in the Guardian, the United Kingdom is considering opting out of the 2003 asylum procedure directive ("minimum standards directive") . By doing so, they could avoid having to give individual interviews to asylum seekers, and keep their "fast track" asylum procedure in place.

"Ministers fear the EU directive, which forms a key part of developing a common asylum policy, will also block deportations of "manifestly unfounded" failed asylum seekers before they can appeal. About 150 failed asylum seekers a year are told that lodging an appeal against their claim being turned down will not halt their deportation and they can only appeal once they have left Britain."

Not only that, but it would be expensive to implement. (The Home Office lists 37 million pounds, though I'd love to know how they came up with that.)

 We'll have to keep an eye out for further developments on this story... is the UK about to become an even unfriendlier destination for asylum seekers?

Realizing the Dream Act

The Dream Act is one of those legislative imperatives, like the repeal of Don't Ask, Don't Tell, that has been lingering around the halls of the U.S. Congress for years, receiving waxing and waning attention and support as political agendas shift. When Comprehensive Immigration Reform seemed to be gaining headway back in 2006, the DREAM Act was the carrot offered against the many sticks for undocumented immigrants contained in the bill. So what's it all about?

The DREAM Act portal website accurately describes the bill thusly:

Under the rigorous provisions of the DREAM Act, undocumented young people could be eligible for a conditional path to citizenship in exchange for completion of a college degree or two years of military service. Undocumented young people must also demonstrate good moral character to be eligible for and stay in conditional residency.

The basic argument for the DREAM Act is as follows.

1.) Children in the United States are guaranteed access to a K-12 public education, without any regard whatsoever to their immigration status. This has been so since 1983, when the landmark case Plyler v. Doe was handed down by the Supreme Court. The case struck down a Texas statute that would have denied access to public school education by children not "legally admitted" into the US. The logic of the Court (very simplified) was that the 5th and 14th amendment protects all people in the US (not just citizens) against discrimination/ deprival of rights, and therefore in order for the law to be constitutional, it must be rationally related to a substantial state interest. On the contrary, denying education to children was more likely to hurt state interests by relegating the children to a permanent underclass. Not to mention it was especially cruel to punish the children for the actions of the parents (ie, illegally crossing into the country.) Since 1983 this principle has been instituted in school districts across the country and has never been sucessfully challenged.

2.) Having received a high school education, many of these students would naturally have been prepared for the next step in education: a college degree. This makes sense, doesn't it? High school is increasingly geared towards preparation for a college degree, and having been educated in English and participated in the same kind of exams, extracurricular activities, and college prep programs, why wouldn't some or all of these students want to take the next step as many of their classmates?

3.) However, college, for most undocumented students, is an unattainable goal. Not only do most colleges require proof of citizenship, but they have proven particularly loathe to try to delve into the variety of non-illegal immigration statuses (such as temporary protective status or NACARA in cash, all at once. (See, for example: EAE v. Merten.) In sum, undocumented students face massive barriers to a college education, and have to find alternatives for after their high school education.

4.) The same arguments used in Plyler are applicable to college education. Why should students that were brought into the country at a young age be denied the opportunity to improve their career opportunities years later? In a sense, this situation forces otherwise bright and talented students to limit themselves to the kinds of jobs that do not require a college education- meaning that the U.S. deprives its economy of potential doctors, lawyers, scientists, ect, that are so needed. Not to mention that it is just patently unfair to continue to punish these children for the actions of their parents. These are often students that speak English and have otherwise completely assimilated into society, but are cut off from reaching their dreams because of... well, why, actually? I guess that's the point of the DREAM Act.

Apparently, this week will see an intensive lobbying effort on behalf of the DREAM Act by undocumented students in Congress. Whether it will have more success this time around is anyone's guess, but in my opinion it is only a matter of time before we stop depriving our society of the talents of first generation immigrants in this unjust way.

Some interesting articles:

Great old editorial from the NY Times: Pass the Dream Act
Will Perez: A New Civil Rights Movement

And here's a blog, ostensibly by an undocumented youth, about his efforts to get the DREAM Act passed. The Dream Blog

(Photo via Florida Immigrant Coalition Blog)

Les Sans Papiers

[Photo by Johann Karlsson via Flickr.]

Just a quick post to link to an old article about Les San Papiers of Paris.

In Paris Without Papers, and Seeking Visibility

And here is a gallery of images of les Sans Papiers from the Guardian.

Iovane on the Universality vs. Relativism of Human Rights

*I will be presenting occasional notes/ reviews of important old and new scholarly articles in migration studies/ law/ political science. When possible I will link to the article*

Article: Massimo Iovane; "The Universality of Human Rights and the International Protection of Cultural Diversity: Some Theoretical and Practical Considerations" (2007)
International Journal on Minority and Group Rights 14.

In this article Iovane explores an apparently unresolvable conflict between two conceptions about morality as it relates to international law.

On the one hand, in order for human rights law to be binding on all sovereign states, it must express to some degree universal conceptions of morality. For example, a prohibition against genocide is considered universally binding because it is agreed upon apart from political or cultural considerations. However, much of human rights law relates to less overarching norms. In fact, they often come from a individualist, western perspective that is hardly uncontroversial. As Iovane states, this conception starts from the position that human dignity is paramount, and moves from there to the belief that individual freedom is the most crucial way to protect human dignity. "Human dignity is thus equated with individual autonomy, and the capacity of independent action is accordingly the only hub and ultimate achievement of human rights."(@232) And this vision is chiefly achieved by states refraining from action that tends to limit individual autonomy. (E.g., not censoring politically sensitive newspapers, not preventing groups from protesting against government policies.)

On the other hand, this vision is not shared by all states. The rise of cultural relativism theory in the 1960's led to the recognition of alternative visions of human rights based on, eg; preservation of tradition, protection of the community interests above those of the individual, and cultural autonomy. This conception may also require a policy of non-intervention: "towards persons with whom we morally disagree, relativist conceptions usually predicate a position of tolerance and non-interference." (@237) But it may also require positive action on behalf of the state such as intervening to protect groups at risk of assimilation.

The problem then arises at how to conciliate these two values. How, for example, do we explain why Female Genital Mutilation (FGM) is a violation of human rights, when it is also a cultural tradition? Further, how do we reconcile a condemnation of a non-western tradition such as FGM but still for allow for widely practiced circumcision of males in the western world? Doesn't this reveal a heavy bias towards western/liberal/ capitalist models?

And continuing with the argument, doesn't the allowance of local, traditional forms of justice and human rights also negate universality? The obvious 'slippery slope' of cultural relativism is a denial of any forms of universal ethical norms, and for individual states and cultures to be able to rationalize any form of abhorrent behavior in the name of cultural relativism. Eek! (Let us, however, also recall here that Western states tend to make exceptions to their support of individual rights when it comes to the overall security of the group, see, for example, the Patriot Act.)

In sum, there are good and bad arguments for both positions, but overall it seems necessary to some degree to find a balance between equality of treatment of individuals and the occasional interference or even discrimination between people to protect minority and group rights.

So, having set up this straw man dichotomy, Iovane strikes it down during the later sections of his article by suggesting that judicial actors, such as the European Court of Human Rights, are best situated to negotiate between these two competing and even mutually exclusive values. As he sees it, several cases addressing linguistic, religious and cultural rights "illustrate the difference between protecting a human right seen from the individual point of view and safeguarding the same right seen as a binding element with a given community"(@256). By being able to make case-by-case decisions, weighing all relevant facts and detaching as much as possible from political considerations, Courts are in a unique position to protect both values while not making overly broad rules that hurt both interests.

I tend to agree with Iovane that Courts are in a better position to make these tough decisions than governments or conventions. However, Courts are also inherently political mechanisms that push the values of the societies they represent, values which may support or crush cultural and political difference. Ultimately, I don't think the very difficult question of how to weigh the rights of the individual with the rights of community is adequately resolved by any Court, but then, what is the alternative institution?

At any rate, this article excellently sums up an interesting dillemma and also has a super bibliography. Can't find a free copy right now, but will post it if I can find one!

March on Washington upcoming?

Apparently there are plans underway for a March on Washington, DC in support of immigrant rights on March 21st, 2010. The march would be part of a conference planned on behalf of a coalition of Ecumenical Christian religious groups that goes by the title "Ecumenical Advocacy Days." From the website:

Jesus had no place to lay his head. Neither do tens of millions of migrants, refugees and displaced persons. Be a part of an action weekend addressing this global injustice. Join hundreds of faith-based advocates in taking action on U.S. legislation that will welcome immigrants, protect refugees and prevent displacement for millions.

Personally, I think its fantastic if religious groups want to take the lead this time around. Its no fluke that the civil rights movement was lead by religious leaders, and there's no reason why God should only be invoked these days to suppress gay rights, misinform our children about sex, and back every single insane proposal by the far right. (Yes, Christian Coalition, I'm looking at you.)

It seems that other groups are getting involved as well, and hopefully this could be a big draw for the many Americans that are getting tired of Obama's inaction on comprehensive immigration reform (CIR) so far this year. So what if we were traumatized by the fiasco in '96? Time to shake it off and put the pressure back on the White House and Congress to fix the mess they put us in by years of piecemeal legislation and bureaucratic shuffling.

Onward Christian (and other) soldiers!

Petition Against Deportation of Bita Ghaedy

[Photo via Indymedia]

UK Indymedia is featuring the harrowing story of Bita Ghaedy, an Iranian woman seeking asylum in the UK. Apparently she has been on a 2 week hunger strike to resist deportation. You can read her story here and sign a petition for her non-refoulement here.

However, I haven't seen any updates on her situation, so if anyone has let me know!

Aleinikoff and Kluysmeyer on Migration-friendly Citizenship Policies

*I will be presenting occasional notes/ reviews of important old and new scholarly articles in migration studies/ law/ political science. When possible I will link to the article*
(Also, this review was submitted for a class at my university)

Article: T. Alexander Aleinikoff and Douglas Klusmeyer. Executive Summary: Citizenship Policies for an Age of Migration Except available online at CEPS.

In the Executive Summary for their book Citizenship Policies for An Age of Migration, Aleinikoff and Klusmeyer layout their back-door plan for creating more immigrant friendly societies: adapt humane and pro-immigrant citizenship legislation. By altering citizenship policies, the “tension and anxiety” (3) caused by migration influxes can be partially eased, while avoiding the political landmines of migration politics. While this is likely partially true, this brief overview fails to take into account two factors: first, that processes of determining citizenship are likely to be as political or more so then the other types of national legislation that deals with migrants. Second, the possession of legal citizenship does not necessarily lead to integration, social rights, or a feeling of belonging among migrants, or for that matter, other groups in society.

Many of the policy recommendations outlined by Aleinikoff and Klusmeyer are creative and humane; an accomplishment considering how often progressives are criticized for offering problems but no solution. For instance, the concept of changing the discourse of comparative citizenship by identifying countries policies not by their key requirement but by the practical number of generations required to acquire citizenship is a step towards recognizing the injustice of the traditional systems. It also allows for recommendations common to both to be identified more clearly (such as the concept of 1st generation citizenship for children raised in the host state from an early age.) Even those requirements which are not so creative, such as eradicating barriers to holding dual citizenship, are still certainly proposals that deserve implementation.
However, as the dual citizenship example demonstrates, these are highly controversial and inherently political proposals and do not necessarily present an easy path to integration. For example, the suggestion that parties should “refrain from campaigns that stigmatize ethnic minorities” (9) is something that most people would agree with, and yet sounds hopelessly naieve. Stigmatizing ethnic minorities and immigrants is a long-cherished political tradition that is so widespread that a suggestion to “refrain” from it can hardly be considered a policy proposal. Similarly, the suggestion that citizenship not be regarded as the gateway to welfare and other social benefits is likely to be met by massive skepticism by policy makers.

A nation’s citizenship policies reflect a lot about its conception about itself, and so those policies are bound to be controversial, regardless of how reasonable reforms may be. Even simple shifts can call into question issues of national identity. For instance, the removal of vague requirements like “good moral character” that Aleinikoff and Klusmeyer recommend could awaken a sleeping monster. One can imagine the headlines: “Good Moral Character no longer required to become citizen!” The problem is that reason and fairness has so much less to do with citizenship policies than does that intangible “spiritual principle” described by Renan. If citizens cannot put their finger on what exactly makes them belong, its hard to be rational about what qualities in others should distinguish them enough to join.

Of course, even within a relatively heterogeneous society there are bound to be outsiders of some sort creating tension and anxiety by their presence. These people are not necessarily non-citizens, and citizenship, even with all of the enlightened proposals in the world, does not always eradicate these problems. Ultimately citizenship, even bolstered by the wisest policies unimpeded by political barriers, is only one aspect of the tension and frissures created by diverse modern societies.

These points are more than likely considered by the authors within the full text of their book. And in general, the proposals presented by Aleinikoff and Klusmeyer are refreshingly well-balanced and no doubt effective in achieving the stated goal of promoting inclusion, and a liberal-minded person could almost not help but agree with them. However, the reformation of citizenship policy is not a simple thing. On the contrary, it involves grappling with some of the most fundamental and political questions in any society. It just seems to me that any society that was able to unproblematically implement the reforms suggested in the Executive Summary may not need them anyways.

News Roundup: Haiti

Some of the latest post-earthquake information, and some resources for those interested in finding out more.

*US sends mixed messages on Refugees
The United States is home to largest number of Haitians outside of Haiti, many of whom are legal permanent residents. Naturally, persons fleeing the disaster are likely to seek refuge in the US for reasons of family connections, strong networks for jobs and resources, as well as the historical and cultural ties between the two nations which stretch back centuries.

While the United States has accepted and plans to accept a number of Haitian refugees in cities such as Chicago, and Christie, NJ, it appears that the emphasis of the Obama administration is still on preventing illegal immigration rather than providing relief for survivors.

Two examples: the US Coast guard has taken an active role in preventing sea-born refugees from entering the US.
US Repatriates 88 Haitian Reugees off the coast of Florida

Worse, there has been talk of housing repatriated refugees in the dreaded Guatanamo Bay prison camp in the event of a mass influx. Read about that horrible, horrible idea here.

However, USCIS has granted an 18 month Temporary Protected Status to Haitian Refugees, which would allow them to temporarily legally reside in the United States, so long as appropriate paperwork is filed. But as past TPS recipients from Nicaragua and El Salvador can attest, a temporary solution can lead to years of uncertainty for its recipients (and their children), as well as difficulties with labor, education, and social rights.

*Debt Relief; Reparations in Store?
With promises by G7 Finance Ministers to help Haiti rebuild with grants and debt relief, international attention is finally focusing on the Haiti's historical odious debt to France and the United States. Naomi Klein sums up the arguments on Haiti's behalf passionately and succinctly in this recent article from The Nation.
Haiti: A Creditor, Not a Debtor

Read about the promises from the G7 Ministers here. And for more information about Haitian debt and current campaigns, check out the Jubilee campaign.


MORE WEB RESOURCES
-The Haiti Democracy Project
-The Haitian Studies Association
-The Daily Haitian Times


*All images from Don Lee, CBS News, do not use without permission*

News Roundup: Italy- Riots, Racism, and Deportation

[Photo: NY Times]

A tragic clash between African immigrants and Italian youths/ mafioso/ police has set off a debate about Italy's harsh stance on migrants, its reluctance to take on the mafia, and disgraceful racism that is exploited by this government's actions.

BBC was there on Jan. 8th: African Migrants Riot Over 'Racist' Attack in Italy
Several people have been injured in rioting that broke out in southern Italy after an attack on immigrant farm workers by local youths. The migrants, mainly Africans, clashed with police after taking to the streets of the Calabrian town of Rosarno.

More in depth coverage from the NY Times: Race Riots Grip Italian Town, and Mafia is Suspected
More than a thousand African workers were put aboard buses and trains in the southern Italian region of Calabria over the weekend and shipped out to immigrant detention centers, following some of the country’s worst riots in years.

The Economist weighs in: Southern Misery
In a few days, it will seem as if they were never there. On January 11th bulldozers in the southern Italian town of Rosarno began obliterating the wretched dwellings from which more than 1,000 African crop-pickers had fled or been evacuated by police over the weekend. Left behind were seven of their fellows, recovering in local hospitals from gunshot wounds and savage beatings inflicted by Italians. It was an ethnic clearance of Balkan swiftness, nastiness and comprehensiveness that shocked many Italians and prompted them to question their society’s attitudes to race and colour. Only a handful of black or Arab immigrants remained in Rosarno. And within 24 hours, one had his car torched.

Great Editorial from the NY Times: http://www.nytimes.com/2010/01/25/opinion/25saviano.html

There are native Italians who reject mafia rule as well, but they have the means and the freedom to leave places like Rosarno, becoming migrants themselves. The Africans can’t. They have to stand up to the clans. They know they have to act collectively, for it’s their only way of protecting themselves. Otherwise they end up getting killed, which happens sometimes even to the European immigrant workers.

It’s a mistake to view the Rosarno rioters as criminals. The Rosarno riots were not about attacking the law, but about gaining access to the law.

USCRI's World Refugee Survey 2009

[Photo: US Committee for Refugees and Immigrants]
Every year the US Committee for Refugees and Immigrants publishes their World Refugee survey, a great resource for stats and facts on the refugee populations and their treatment in virtually every country in the world.

Check it out here: World Refugee Survey!

Some highlights from this years report:
* The Thai navy dragged disabled boats full of Rohingya refugees from Myanmar out to sea and abandoned them to the sun and sea.
* Xenophobic mob attacks in South Africa killed dozens of foreigners and drove tens of thousands from their homes.
* Hamas rocket attacks launched from Gaza provoked an Israeli invasion, including indiscriminate attacks, that killed more than 1,400 Palestinians
* Malaysian officials continued to sell deported refugees into slavery.
* Kenya continued its attempts to stem the flow of Somali refugees by forcing hundreds back across the border, beating many and demanding bribes from them.
* Egyptian border guards shot and killed more than 30 African migrants trying to cross into Israel.
* Turkey continued to deport hundreds of asylum seekers back to their countries of origin without any chance at protection, and in one incident drowned four people by forcing them to try to swim across a swift river into Iraq.
(From the USCRI site)

So... what's going on in Greece and Turkey?

[Photo: Andrea Motta]
New on Greece and Turkey

Six Die in Migrant Boat Accident
Eight Afghan Illegal Immigrants Drown off Coast of Greek Island
Two recent incidents highlight the dangers that some immigrants are willing to face in order to gain access to the European Union, and the importance of heightened communication and cooperation with Turkey in dealing the EU border states. In both cases, a boat full of illegal immigrants, once with passengers from Palestine, and the other from Afghanistan, capsized in the Aegean Sea resulting in the deaths of the passengers. Both boats were carrying children.

Greece Shuts down Migrant Detention Center
Even those lucky enough to make it into Greece face grave difficulties, as this article demonstrates. A detention center on the Isle of Lesbos that had come under fire for its human rights abuses by the UNHCR was closed by Greek authorities, and its 900 inhabitants were sent to neighboring islands. The center will reopen and expect to hold roughly 150 immigrants.

Turkey Frets over EU's Illegal Immigrants
As illegal immigration increases, Greece and Turkey have become primary barriers into the EU, and the way these two countries handle illegal immigrants have huge significance: both for the EU's human rights reputation and for the potential for Turkish accession. The prime Turkish negotiator for accession, Egemen Bağış, highlighted this issue recently, claiming that it demonstrates why Turkey can be considered both a "bridge" and a "barrier" to the Middle East.

Lastly, a report by NGO's the Norwegian Helsinki Committee, NOAS and AITIMA chastises Greece for massive deportations of immigrations without assessment of their claims to refugee status, in violation of the 1951 Geneva Convention.

Clearly, as borders of Europe, Turkey and Greece shoulder a disproportionate amount of responsibility for how the European Union welcomes and treats its immigrants. However, it is crucial that Europe shows its commitment to refugee and human rights conventions by insisting that these nations respect the human rights of those so desperate for access to Europe.

Obama to tackle Comprehensive Immigration Reform Next Year

On Friday, U.S. Secretary of Homeland Security Janet Napolitano announced that the Obama administration would start pushing immigration reform in the upcoming year. The plan will evidently be a "three-pronged" approach, with a re-vamped path to citizenship, a tightened interior and border enforcement system, and a pathway to legalization of the some 12 million undocumented already present in the States.

This plan is sure to be contentious among republicans (expect to get sick early of the term "amnesty") despite the fact that it mostly tracks former President Bush's failed immigration reforms. And given the massive unemployment rate, any reforms implying increased competition for jobs is bound to be unpopular. However, if the President can manage to get the once-doomed healthcare bill through both houses of Congress, is the mythical 'comprehensive immigration reform' really that far of a stretch?

More on the U.S. Immigration Debate:
Op Ed: A Bi-Partisan Blueprint for Immigration Reform
A Farewell to Lou

New Roundup

Here are some odds and ends in Migration News from the past week or so

African Unit Summit Results in Historic IDP Convention
-A recently wrapped conference in Kampala, Uganda brought about a major convention on the rights of IDPs, known now as the "Kampala Convention" (Text available in sidebar.) The African Union planned for the conference, which ended on Oct. 23rd, to address strategies and best practices in dealing with internal displacement, as well as enhance partnerships between states and work together to prevent the causes of large-scale internal displacement. According to theAU the Convention is the first of its kind in the world.

Obama Lifts AIDS Immigration Ban
-On Friday, Pres. Obama lifted a U.S. travel and immigration ban on people infected with HIV or AIDs. The ban has been in place 22 years and put the US in the company of only a handful of other states that had such bans, including Libya, Russia, South Korea and Armenia.

UNHCR Human Trafficking Event Highlights Victims
-A Conference hosted by the UN last week hosted former victims of human trafficking from a variety of different backgrounds and told some of their appalling stories. Particularly jarring was the accusation by one former victim that some US contracting firms, including KBR, were involved in a human trafficking scheme forcing Nepalese men in Iraq to work on US military bases. If true, this would follow a highly publicized case where an American KBR employee was allegedly gang-raped by her co-workers and held hostage when she threatened to go to authorities. So basically, KBR is potentially even more terrible than previously thought.

Human Rights Watch Publishes Report on Unaccompanied Migrant Youth at Paris CDG Airport
-A new report by Human Rights Watch, published last week, condemns France's system of dealing with unacccompanied Migrant youth who end up at Paris Charles De Gaulle Airport. Essentially, migrant children are treated as though they are in a "transit zone" rather than in France, and are therefore denied rights that they would normally have in France. The report, which can be found in full here, alleges that this system puts children at great risk. As researcher Simone Trollier says, "in the airport transit zone, children end up being treated like adult migrants. French authorities should stop pretending this place is not in France and grant children the protection they are entitled to."

Sri Lankans Protest Australian Immigration System
-A group of 78 Sri Lankan refugees off the coast of Australia are refusing to disembark from their ship, the Oceanic Viking, until they are granted refugee status.(See photo above.) The protesters have evidently been in limbo for several years, accepted as refugees by UNHCR, but unable to settle in either Australia or Indonesia. The stand-off comes at a time when Australia is engaged in a heated debate in how they deal with an influx of Asylum Seekers.