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.

Part II Sources, Ch.11 Moving Towards an Integrated Approach of Refugee Law and Human Rights Law

2021 ◽  
Author(s):  
Chetail Vincent
Keyword(s):  
Human Rights ◽  
International Law ◽  
Integrated Approach ◽  
Human Rights Law ◽  
Refugee Convention ◽  
Refugee Protection ◽  
Refugee Law ◽  
Gradual Process ◽  
New Perspective ◽  
Human Rights Based Approach

This chapter highlights the interface between human rights law and refugee law. The broader evolution of international law reflects the changing pattern of refugee protection as initially grounded in the Refugee Convention and subsequently informed by human rights treaties. As a result of a gradual process of pollination, human rights law has shaped, updated, and enlarged refugee law. While revamping the basic tenets of the Refugee Convention, it has become the normative frame of reference. Refugee law and human rights law are now so interdependent that they are bound to work in tandem. Their intermingling paves the way for a human rights-based approach to refugee protection. Instead of regarding the two branches of international law as silos, this new perspective offers a broader vision of refugee protection. This comprehensive design acknowledges that refugee law and human rights law complement and reinforce each other within one single continuum of protection.

Drøftelse vedrørende anerkendelsesproceduren

1979 ◽  
Vol 48 (1-4) ◽  
pp. 171-172
Keyword(s):  
Human Rights ◽  
Executive Committee ◽  
The Other ◽  
Minor Importance ◽  
Legal Counsel ◽  
Refugee Status ◽  
Refugee Law ◽  
Legal Position ◽  
The One ◽  
Definition Of

AbstractThe extra territorial effect of the recognition as a refugee was discussed at length. On the one hand it was pointed out that the UNHCR Executive Committee had decided that other countries should recognize a refugee status which has been awarded once. As a consequence, states would be more restrictive to grant A status than B status. On the other hand, it was stressed that the refugee is primarily interested in receiving protection from one country, and the extra territorial effect is of relatively minor importance. Actual difference in the recognition practice of different countries also works against attaching too much importance to the extra territorial effect. It was suggested that the extra territorial effect could work by way of a rule of presumption so that a refugee status awarded in one country implies a presumption (which can be broken) that other countries will recognize this status. The closer resemblance between the national and the international definition of refugees, the greater the extra territorial effect. It was said that a number of the problems in Swedish refugee law which Nobel had pointed out would be solved by the new aliens bill. It was mentioned and criticized that the refugee definition contained in the bill is much more limited than the existing legislation and falls back on the level of the 1951 Concention. Particularly concerning the legal position in Denmark it was pointed out that pre-screening at the border is a serious problem which needs research. Another problem is the lack of explicit grounds for rejection, in particular in doubtful cases. Legal counsel might help to solve this problem to some extent. The most serious problem is, however, the lack of the possibility of appeal. It was suggested to establish a tribunal to decide problems of asylum in a Nordic context inter alia to deal with problems of the first country of asylum rule. It was also suggested to establish a European tribunal to decide problems of asylum resembling the European Commission on Human Rights. Arguments in favour of and against establishing independent national tribunals to decide asylum questions were put forward. It was suggested that the present Danish arrangement whereby the Danish refugee Council is heard in all doubtful or negative cases affords a much better possibility for a humanitarian input into the decision.

scholarly journals Challenges to Assessing Same-Sex Relationships under Refugee Law in Canada

2015 ◽  
Vol 60 (3) ◽  
pp. 527-571 ◽  
Author(s):  
Nicholas Hersh
Keyword(s):  
Sexual Minority ◽  
Decision Makers ◽  
Same Sex ◽  
Refugee Status ◽  
Refugee Law ◽  
Psychosocial Barriers ◽  
Refugee Claimants ◽  
Relationship History ◽  
Identity Model

This article suggests that there are reasons to be concerned about the way relationship history impacts credibility assessments for refugee claims based on sexual orientation. Decision makers’ written assessments often reveal insufficient consideration of the psychosocial barriers that may impinge on sexual minority refugees’ ability to testify on their relationships. The multinational and multicultural setting of refugee-status proceedings poses unique challenges for sexual minority refugee claimants in having their membership in a particular social group established. Understanding and expressing sexual identity spans cultural divides, and therefore, a claimant’s expressed identity may not match the decision maker’s expectations. Notions of love and intimacy may also be culturally construed, and therefore expectations of how these notions manifest in long-term relationships may be inappropriate in the context of refugee status determination. This article emphasizes that implausibility findings concerning claimants’ relationships should be made cautiously. Decision makers should not assume that sexual minorities in countries in which homosexuality is stigmatized or criminalized are devoid of the volition to have same-sex partners. Nor should they assume that sexual minority refugees are necessarily willing to embrace same-sex relationships soon after arriving in Canada. Evaluating same-sex relationships according to the Cass Staged-Identity model can lead to persistent doubts about claimants’ credibility. In sum, this article attempts to canvass the potential pitfalls of Canadian adjudication methods in cases of sexual minority refugee claimants, and to propose recommendations for evaluating testimony and evidence of these relationships.

scholarly journals The Transfer of Asylum Seekers in Australia to Third Countries: A Case Study of Sovereignty versus International Law

2013 ◽  
pp. 187-196
Author(s):  
Hugh S. Tuckfield
Keyword(s):  
Human Rights ◽  
International Law ◽  
Asylum Seekers ◽  
Refugee Convention ◽  
Refugee Law ◽  
Human Rights Treaties ◽  
International Obligations ◽  
The Cost ◽  
International Conventions

Asylum is an issue equally central to refugee law and human rights. Generally, they are protected under the 1951 Refugee Convention, but asylum cases are largely state regulated affair, subject to state legislations, policies and guidelines, which certainly do not preclude the applicability of international obligations directing the conduct of state towards the asylum seekers, which emanate from the recognized international human rights principles such as right to seek asylum and right against refoulement and right not to be arbitrarily detained. Contracting parties to international conventions such as the 1951 Refugee Convention, ICCPR, ISESCR, CAT, CRC, CEDAW and CERD among others acquire the responsibility to respect, protect and fulfill the obligations adducible in treatment of asylum seekers. In this regard, Australia was one of the earliest state parties to the 1951 Refugee Convention and is also a party to the relevant human rights treaties. However, it is determined to adhere to its conventional understanding of sovereignty and nationalism, at the cost of comprising the minimum protection of the rights of those who seek asylum in it.

scholarly journals Coping with Human Rights Challenge: A Perspective from Asean

2020 ◽  
Vol 37 ◽  
Author(s):  
Ali Khan Ghumro ◽  
Dr Parvaiz Ali Mahesar ◽  
Dr Abdul Rehman Nizamani
Keyword(s):  
Human Rights ◽  
Common Ground ◽  
Collective Decision Making ◽  
Secondary Sources ◽  
Current State ◽  
Human Rights Organizations ◽  
Women And Children ◽  
International Laws ◽  
Intervention Policy ◽  
Key Questions

Since its inception, ASEAN has constantly faced criticism from western countries and international human rights organizations. This paper particularly focuses on ASEAN human rights and non-interference policy. ASEAN has established two new commissions: Intergovernmental Human Rights Commission and Protection of Women and Children. This study focuses on the current state of human rights in ASEAN and addresses the following key questions: how ASEAN deals with human rights problems? Why ASEAN response to human rights has been considered as insufficient to handle/tackle human rights problems effectively? Hence, a qualitative approach was applied to this study using secondary sources of data. This study is based on thorough literature review and critical analysis of ASEAN human rights situation, by reviewing the relevant studies on human rights challenges in ASEAN, and its strategies in tackling this challenge. This study concludes that although the problem of human rights is recognized as per national, regional and international laws, but the challenge to implement them in letter and spirit require more concrete step at regional level on behalf of ASEAN, however, Non-intervention policy is a serious challenge to collective decision making on ASEAN human rights. Therefore, ASEAN needs to setup a mechanism where the member states can find common ground to handle human rights challenge.

Part V The Scope of Refugee Protection, Ch.34 The International and Regional Refugee Definitions Compared

2021 ◽  
Author(s):  
Wood Tamara
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Regional Level ◽  
Public Order ◽  
Human Rights Violations ◽  
Final Word ◽  
Refugee Status ◽  
Refugee Convention ◽  
Refugee Protection ◽  
Expanded Criteria

The universal refugee definition in Article 1A(2) of the Refugee Convention provides the cornerstone of the international refugee protection regime. However, it is far from the final word. At the regional level, states in Africa and Latin America have supplemented the universal refugee definition with their own, expanded criteria for refugee status. The regional refugee definitions – Article I(2) of the OAU Refugee Convention and paragraph III(3) of the Cartagena Declaration – extend refugee protection beyond those with a well-founded fear of being persecuted to people fleeing a range of other, more widespread situations and harms, including generalised violence, massive human rights violations and serious disturbances to public order. This chapter provides a closer look at the universal and regional refugee definitions, exploring the scope and application of their respective terms, and comparing and contrasting their criteria for refugee status.

27. International refugee law

2017 ◽  
Author(s):  
Alice Edwards
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Refugee Status ◽  
International Human Rights ◽  
Refugee Law ◽  
International Human ◽  
International Refugee Law ◽  
Definition Of ◽  
The Relationship

This chapter first explains the purpose and scope of international refugee law. It then identifies the five fundamental elements of the Refugee Convention, and discusses other important parameters of international refugee law more broadly. The chapter explores the relationship between international refugee law and human rights law at the macro-level. It analyses specific aspects of refugee law—namely, the definition of a refugee, the prohibition of refoulement, refugee rights, and the ending of refugee status and solutions—and analyses how international human rights law informs them.

PROTECTING ASYLUM-SEEKERS PRIOR TO DETERMINATION OF REFUGEE STATUS: REINTERPRETING THE REFUGEE CONVENTION AND ASSESSING CONTEMPORARY STATE PRACTICE ON NON-REFOULEMENT

2017 ◽  
Vol 25 (1) ◽  
Author(s):  
Abdul Ghafur Hamid ◽  
Shaban Abdul Majeed Phiri
Keyword(s):  
Asylum Seekers ◽  
Refugee Status ◽  
Refugee Convention ◽  
Refugee Law ◽  
State Practice ◽  
Present Decade ◽  
Core Issue ◽  
International Refugee Law ◽  
Constituent Elements

The present decade is confronted with unprecedented refugee crises, dwarfing all similar refugee crises ever witnessed by mankind before. The plight of asylum-seekers, particularly prior to the determination of their refugee status by the host country, is of great concern to the UNHCR and the international community, as this is the time when they are most vulnerable. The sad situation of these asylum-seekers, their sufferings on small boats being packed like sardines on angry seas, and their pain in the hands of cruel human traffickers, beg the crucial question of whether they are protected in any way by international refugee law or left unprotected. With a view to answering this question, the present study applies the legal doctrinal method and attempts a holistic interpretation of articles 1A(2), 31(1) and 33 of the 1951 Refugee Convention. The study finds that the term ‘refugee’ in these articles is in effect referring to ‘asylum-seekers’ who fulfil the constituent elements of a refugee under the Convention and that these asylum-seekers cum refugees are protected by the Convention even before the regularisation of their refugee status. The key protection stems from the principle of non-refoulement. State practice nevertheless is not encouraging and potential States of refuge are very weak in honouring this principle, which is a corner stone of international refugee law. The study concludes with suggestions for resolving this core issue.

Part IV Access to Protection and International Responsibility-Sharing, Ch.32 Asylum Procedure

2021 ◽  
Author(s):  
Botero Álvaro ◽  
Vedsted-Hansen Jens
Keyword(s):  
Human Rights ◽  
National Level ◽  
Refugee Status ◽  
Refugee Convention ◽  
Human Rights Treaties ◽  
Judicial Procedures ◽  
Human Rights Norms ◽  
The Right ◽  
Asylum Procedure

This chapter addresses the standards on asylum procedures that apply within various regulatory contexts. Its normative focus includes not only the standards for determination of refugee status under the Refugee Convention and Protocol, but also those concerning the examination of applications for complementary or subsidiary forms of protection. Nonetheless, the legal interaction between asylum procedures and Convention refugee status will be the starting point. As the Refugee Convention is scant on procedural standards, the chapter discusses the soft law standards that partly fill the normative gap. It also examines procedural standards concerning subsidiary or complementary protection that have been developed on the basis of human rights norms prohibiting refoulement beyond the scope of the Refugee Convention. Human rights treaties generally include the right to effective remedies at national level and are therefore relevant for the administrative or/and judicial procedures that apply when States parties to such treaties examine asylum applications. Although directly linked to the protection against refoulement under human rights treaties, the requirement of effective remedies has indirect effect also for procedures concerning the determination of Convention refugee status.

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