Knowing Persecution When We See It: Non-State Actors and the Measure of State Protection

2020 ◽  
Vol 32 (1) ◽  
pp. 28-53
Author(s):  
Pia Zambelli
Keyword(s):  
At Risk ◽  
Decision Makers ◽  
Traditional Role ◽  
Refugee Convention ◽  
Refugee Law ◽  
State Actor ◽  
Refugee Claim ◽  
State Actors ◽  
Definition Of ◽  
State Protection

Abstract Whether to grant asylum to claimants who are victimized by non-State actors is one of the thorniest questions in refugee law, particularly in Canada. Numerous questions have arisen around how to measure State protection in such circumstances. The result is a convoluted array of legal determinants – a situation that may be placing some claimants at risk. This article attempts to forge a more accessible framework of analysis for non-State actor claims. The suggested framework restores the absence of ‘State protection’ to its traditional role within the refugee definition of the 1951 Refugee Convention – as one prong of a test for persecution, not a stand-alone criterion for refugeehood. Accordingly, it is suggested that decision makers approach non-State actor claims as simply an assessment of whether the situation is one of ‘persecution’, a term that has been defined by leading scholars. By applying these definitions of persecution to typical refugee claim scenarios, it is demonstrated that a persecution-centred heuristic in non-State actor claims provides a clearer and more principled framework of analysis – one that gravitates towards stable and measurable criteria for assessing State protection.

Part VI Actors, Ch.38 Non-State Actors

2021 ◽  
Author(s):  
Angstadt J Michael ◽  
Betsill Michele
Keyword(s):  
Environmental Law ◽  
International Environmental Law ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
State Actor ◽  
State Actors ◽  
Definition Of ◽  
Institutional Actors ◽  
Rule Making ◽  
International Rule

This chapter describes non-state actors (NSAs), which encompass a range of entities that collectively extend international environmental law beyond traditional state authority in numerous regimes. Characterized by considerable breadth and diversity, NSAs exist within the traditional, state-centric treaty architecture while simultaneously contesting its structure. Because diverse institutional actors can satisfy the definition of ‘non-state actor’, the chapter analyses a subset of NSAs: non-governmental organizations (NGOs). It first defines NGOs, identifying some common characteristics that influence their ability to advance international environmental law, and noting fundamental criteria used to distinguish among NGOs. The chapter then discusses three key functions that NGOs perform in contemporary international environmental law: serving as activists engaged in agenda-setting functions; performing diplomacy to shape and facilitate international rule-making processes; and contributing to rule-making, implementation, and enforcement in contemporary global governance. It concludes by forecasting strong continued NGO participation in developing non-treaty international environmental law.

scholarly journals Witchcraft Accusations as Gendered Persecution in Refugee Law

2018 ◽  
Vol 28 (2) ◽  
pp. 202-226
Author(s):  
Sara Dehm ◽  
Jenni Millbank
Keyword(s):  
Human Rights ◽  
Success Rate ◽  
Decision Makers ◽  
Refugee Status ◽  
Refugee Convention ◽  
Refugee Law ◽  
Human Rights Organizations ◽  
Current Century ◽  
Women And Children ◽  
Related Harm

Witchcraft-related violence (WRV), in particular directed towards women and children, has become a source of increasing concern for human rights organizations in the current century. Yet for those fleeing WRV, this heightened attention has not translated across into refugee status. This research examines how claims of WRV were addressed in all available asylum decisions in English, drawn from five jurisdictions. We argue that WRV is a manifestation of gender-related harm; one which exposes major failings in the application of refugee jurisprudence. Inattention to the religious and organizational elements of witchcraft practices, combined with gender insensitivity in analysis, meant that claims were frequently reconfigured by decision makers as personal grudges, or family or community disputes, such that they were not cognizable harms within the terms of the Refugee Convention; or they were simply disbelieved as far-fetched. The success rate of claims was low, compared to available averages, and, when successful, claims were universally accepted on some basis other than the witchcraft element of the case. This article focuses in particular upon cases where the applicant feared harm as an accused witch, while a second related article addresses those fearing persecution from witches or through the medium of witchcraft.

Asylum-seekers falsely implicating themselves in international crimes: Should they be informed of the existence of Article 1F of the Refugee Convention?

2014 ◽  
Vol 12 (1) ◽  
pp. 91-101
Author(s):  
Brian Moore ◽  
Joris van Wijk
Keyword(s):  
The Netherlands ◽  
Case Studies ◽  
Asylum Seekers ◽  
Refugee Convention ◽  
International Crimes ◽  
Refugee Claim ◽  
The Uk ◽  
National Governments

Case studies in the Netherlands and the UK of asylum applicants excluded or under consideration of exclusion pursuant to Article 1Fa of the Refugee Convention reveal that some applicants falsely implicated themselves in serious crimes or behaviours in order to enhance their refugee claim. This may have serious consequences for the excluded persons themselves, as well as for national governments dealing with them. For this reason we suggest immigration authorities could consider forewarning asylum applicants i.e. before their interview, about the existence, purpose and possible consequences of exclusion on the basis of Article 1F.

Two Theories of Effective Government

2017 ◽  
Author(s):  
Johannes Lindvall
Keyword(s):  
Political Science ◽  
Political Institutions ◽  
Public Policies ◽  
Methodological Approach ◽  
Decision Makers ◽  
Precise Definition ◽  
Policy Changes ◽  
Political Decision ◽  
Definition Of ◽  
The Relationship

This chapter introduces the problem of “reform capacity” (the ability of political decision-makers to adopt and implement policy changes that benefit society as a whole, by adjusting public policies to changing economic, social, and political circumstances). The chapter also reviews the long-standing discussion in political science about the relationship between political institutions and effective government. Furthermore, the chapter explains why the possibility of compensation matters greatly for the politics of reform; provides a precise definition of the concept of reform capacity; describes the book's general approach to this problem; and discusses the ethics of compensating losers from reform; and presents the book's methodological approach.

scholarly journals Definitions and Concepts for Quantitative Rockfall Hazard and Risk Analysis

Geosciences ◽  
2021 ◽  
Vol 11 (4) ◽  
pp. 158
Author(s):  
Didier Hantz ◽  
Jordi Corominas ◽  
Giovanni B. Crosta ◽  
Michel Jaboyedoff
Keyword(s):  
Risk Assessment ◽  
At Risk ◽  
Failure Probability ◽  
Rockfall Hazard ◽  
Process Failure ◽  
Failure Propagation ◽  
Element At Risk ◽  
Hazard And Risk ◽  
Hazard And Risk Assessment ◽  
Definition Of

There is an increasing need for quantitative rockfall hazard and risk assessment that requires a precise definition of the terms and concepts used for this particular type of landslide. This paper suggests using terms that appear to be the most logic and explicit as possible and describes methods to derive some of the main hazards and risk descriptors. The terms and concepts presented concern the rockfall process (failure, propagation, fragmentation, modelling) and the hazard and risk descriptors, distinguishing the cases of localized and diffuse hazards. For a localized hazard, the failure probability of the considered rock compartment in a given period of time has to be assessed, and the probability for a given element at risk to be impacted with a given energy must be derived combining the failure probability, the reach probability, and the exposure of the element. For a diffuse hazard that is characterized by a failure frequency, the number of rockfalls reaching the element at risk per unit of time and with a given energy (passage frequency) can be derived. This frequency is relevant for risk assessment when the element at risk can be damaged several times. If it is not replaced, the probability that it is impacted by at least one rockfall is more relevant.

scholarly journals Neonatal Hypoglycaemia: A Never-Ending Story?

Neonatology ◽  
2021 ◽  
pp. 1-8
Author(s):  
Nestor E. Vain ◽  
Florencia Chiarelli
Keyword(s):  
At Risk ◽  
Neonatal Period ◽  
Newborn Infants ◽  
Neonatal Hypoglycaemia ◽  
Rational Decision Making ◽  
Weak Evidence ◽  
Universal Approach ◽  
Definition Of ◽  
Therapeutic Alternatives ◽  
Current Guidelines

Neonatal hypoglycaemia is a common metabolic disorder presenting in the first days of life and one potentially preventable cause of brain injury. However, a universal approach to diagnosis and management is still lacking. The rapid decrease in blood glucose (BG) after birth triggers homeostatic mechanisms. Most episodes of hypoglycaemia are asymptomatic, and symptoms, when they occur, are nonspecific. Therefore, neonatologists are presented with the challenge of identifying infants at risk who might benefit from a rapid and effective therapy while sparing others unnecessary sampling and overtreatment. There is much controversy regarding the definition of hypoglycaemia, and one level does not fit all infants since postnatal age and clinical situations trigger different accepted thresholds for therapy. The concentration and duration of BG which cause neurological damage are unclear. Recognizing which newborn infants are at risk of hypoglycaemia and establishing protocols for treatment are essential to avoid possible deleterious effects on neurodevelopment. Early breastfeeding may reduce the risk of hypoglycaemia, but in some cases, the amount of breast milk available immediately after birth is insufficient or non-existent. In these situations, other therapeutic alternatives such as oral dextrose gel may lower the risk for NICU admissions. Current guidelines continue to be based on expert opinion and weak evidence. However, malpractice litigation related to neurodevelopmental disorders is frequent in children who suffered hypoglycaemia in the neonatal period even if they had other important factors contributing to the poor outcome. This review is aimed to help the practicing paediatricians and neonatologists to comprehend neonatal hypoglycaemia from physiology to therapy, hoping it will result in a rational decision-making process in an area not sufficiently supported by evidence.

Williamson on Defining Knowledge

Episteme ◽  
2020 ◽  
pp. 1-17
Author(s):  
Manuel Pérez Otero
Keyword(s):  
At Risk ◽  
Mental States ◽  
Definition Of

Abstract In his outstanding book Knowledge and its Limits (2000), Williamson (a) claims that we have inductive evidence for some negative theses concerning the prospects of defining knowledge, like this: knowing cannot be defined in accordance with a determinate traditional conjunctive scheme; (b) defends a theory of mental states, mental concepts and the relations between the two, from which we would obtain additional, not merely inductive, evidence for this negative thesis; and (c) presents an alternative (non-traditional-conjunctive) definition of knowledge. Here I consider these issues and extract two relevant conclusions: (i) Williamson's theory of states and concepts only supports the negative thesis because this theory would explain too much, since it imposes implausible necessary limitations on possible uses of concepts and linguistic expressions. So, there is no appropriate non-inductive evidence for the negative thesis. (ii) Williamson's own definition of knowledge is at risk.

scholarly journals The Prejudicial Effects of "Reasonable Steps" in Analysis of Mens Rea and Sexual Consent: Two Solutions

2018 ◽  
pp. 933
Author(s):  
Lucinda Vandervort
Keyword(s):  
Sexual Assault ◽  
Personal Experience ◽  
Common Law ◽  
Criminal Code ◽  
Decision Makers ◽  
Sexual Consent ◽  
Mens Rea ◽  
State Of Mind ◽  
Definition Of ◽  
Is Failure

This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether a complainant communicated consent is assessed by the hybrid subjective-objective reasonableness standard prescribed by section 273.2, many decision-makers rely on extra-legal criteria and assumptions grounded in their personal experience and opinion about what is reasonable. In the midst of debate over what the accused knew and what steps were “reasonable,” given what the accused knew, the legal definition of consent in section 273.1 is easily overlooked and decision-makers focus on facts that are legally irrelevant and prejudice rational deliberation. The result is failure to enforce the law. The author proposes: (1) that section 273.2 be amended to reflect the significant developments achieved in sexual consent jurisprudence since enactment of the provision in 1992; and (2) that, in the interim, the judiciary act with resolve to make full and proper use of the statutory and common law tools that are presently available to determine whether the accused acted with mens rea in relation to the absence of sexual consent.

scholarly journals FOUND: A DEFINITION OF INTELLIGENCE

2021 ◽  
Vol IV(1) ◽  
Author(s):  
Adewunmi Falode ◽  
Keyword(s):  
21St Century ◽  
Pivotal Role ◽  
Process Data ◽  
Effective Utilization ◽  
Qualitative And Quantitative ◽  
Political Group ◽  
Military Planning ◽  
Critical Edge ◽  
State Actors ◽  
Definition Of

Intelligence has come to play a pivotal role in the affairs of states and non-state actors in the 21st century. It not only determines the outcome of conflict when it breaks out but also provides critical edge and foresight in military planning and engagements. However, the effective utilization and deployment of intelligence in any strategic environment may be hampered by the lack of a holistic and generally accepted definition of it. The search for a robust definition has not also been helped by the differing views on what should constitute the basic elements of it. To overcome these challenges, this work argues for and provides a holistic definition of intelligence. It uses both qualitative and quantitative methodologies to provide a more robust and holistic definition of intelligence. The work concludes that any acceptable definition of intelligence must contain five key elements: process, data, actionable information, political group and security.

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