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Refugees and Forced Displacement

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Refugees and Forced Displacement The United Nations University is an organ of the United Nations estab- lished by the General Assembly in 1972 to be an international community of scholars engaged in research, advancedtraining,andthedissemination of knowledge related to the pressing global problems of human survi- val, development, and welfare. Its activities focus mainly on the areas of peace and governance, environment and sustainable development, and science and technology in relation to human welfare. The University oper- ates through a worldwide network of research and postgraduate training centres, with its planning and coordinating headquarters in Tokyo. The United Nations University Press, the publishing division of the UNU, publishes scholarly and policy-oriented books and periodicals in areas related to the University’s research. Refugees and forced displacement Refugees and forced displacement: International security, human vulnerability, and the state Edward Newman and Joanne van Selm, editors United Nations a University Press TOKYO u NEW YORK u PARIS 6 The United Nations University, 2003 The views expressed in this publication are those of the authors and do not necessarily reflect the views of the United Nations University. United Nations University Press The United Nations University, 53-70, Jingumae 5-chome, Shibuya-ku, Tokyo 150-8925, Japan Tel: þ81-3-3499-2811 Fax: þ81-3-3406-7345 E-mail: [email protected] (general enquiries): [email protected] http://www.unu.edu United Nations University Office in North America 2 United Nations Plaza, Room DC2-2062, New York, NY 10017, USA Tel: þ1-212-963-6387 Fax: þ1-212-371-9454 E-mail: [email protected] United Nations University Press is the publishing division of the United Nations University. Cover design by Joyce C. Weston Cover art ‘‘Refuge’’ by Debra Clem Printed in Hong Kong UNUP-1086 ISBN 92-808-1086-3 Library of Congress Cataloging-in-Publication Data Refugees and forced displacement : international security, human vulnerability, and the state / Edward Newman and Joanne van Selm, editors. p. cm. Includes bibliographical references and index. ISBN 92-808-1086-3 1. Refugees. 2. Forced migration. 3. Security, International. 4. Refugees— Legal status, laws, etc. I. Newman, Edward, 1970– II. Selm, Joanne van. JV6346.R4 R45 2003 341.4086—dc21 2003006856 Contents Foreword............................................................... ix Sadako Ogata Part I: Political, security, and normative perspectives 1 Refugees, international security, and human vulnerability: Introduction and survey . ....................................... 3 Edward Newman 2 Refugees as grounds for international action . .................. 31 Gil Loescher 3 Refugees and human displacement in contemporary international relations: Reconciling state and individual sovereignty......................................................... 50 Gary G. Troeller 4 Refugeeprotectionpoliciesandsecurityissues.................. 66 Joanne van Selm 5 Humansecurityandtheprotectionofrefugees.................. 93 Astri Suhrke v vi CONTENTS 6 Thinking ethically about refugees: A case for the transformationofglobalgovernance............................ 109 Mervyn Frost 7 The early warning of forced migration: State or human security?........................................................... 130 Susanne Schmeidl Part II: Displacement, return, and resettlement 8 Towards a protection regime for internally displaced persons............................................................ 159 Erin D. Mooney 9 Reconciling control and compassion? Human smuggling and therighttoasylum................................................ 181 Khalid Koser 10 Post-conflict peace-building and the return of refugees: Concepts,practices,andinstitutions............................. 195 B. S. Chimni 11 The long-term challenges of reconstruction and reintegration: CasestudiesofHaitiandBosnia–Herzegovina................. 221 Patricia Weiss Fagen 12 Sovereignty,gender,anddisplacement.......................... 250 Julie Mertus Part III: Actors and institutions 13 Securitizing sovereignty? States, refugees, and the regionalizationofinternationallaw.............................. 277 Gregor Noll 14 A new Tower of Babel? Reappraising the architecture of refugeeprotection................................................ 306 William Maley 15 Distance makes the heart grow fonder: Media images of refugeesandasylumseekers..................................... 330 Peter Mares CONTENTS vii 16 ChangingrolesofNGOsinrefugeeassistance................... 350 Mark Raper Listofcontributors.................................................... 367 Index................................................................... 373 Foreword A multitude of internal conflicts and resulting massive human displace- ment brought the linkages between international and national security and refugee protection to the foreground once again in the 1990s. This turbulent decade was reminiscent of the inter-war period, which, amongst other things, led to the establishment of the first UN High Commis- sioner for Refugees (UNHCR). Immediately after the Second World War, the protection and solutions for millions of displaced people neces- sitated another paradigm shift, namely the creation of an international and global refugee regime at whose centre are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. The UNHCR has been given the task of upholding this refugee regime. The past decade brought forward the need for another paradigm shift in order to prevent and respond effectively to the multitude of internal conflicts as well as to the new types of threats emanating from the realities of a globalizing world. This time around, a shift is required in our under- standing of security. Increasingly, emphasis is placed on the primary responsibility of states to protect their nationals as the fundamental and ultimate function of sovereignty. State security should no longer be narrowly interpreted in terms of protecting territory against external threats, but must also include the protection of citizens. The focus should, therefore, be on ensuring the safety of people, or human security. As events since 11 September 2001 have demonstrated, the fight against terrorism requires a ix x SADAKO OGATA strong sense of national security, but this should be complemented by human security. Protection against critical and pervasive threats is at the centre of human security and should be linked to a strategy that empowers people. In many respects, the protection and empowerment of people are mutually reinforcing strategies. Security should also be interpreted in a broad sense. It is not limited to protection against war, conflict, or serious human rights violations, but also extends to protection from serious economic deprivation. Without access to adequate food, shelter, health, and other necessities, the value of legal protection is limited, and vice versa. This book puts forward a broader understanding of national secu- rity and makes an important contribution towards understanding and addressing forced displacement in a comprehensive manner. The discus- sions are provocative and some authors draw attention to the potential weaknesses of the human security approach. This debate is important as there appears to be consensus that a reappraisal of the current refugee regime is needed in order to deal effectively with the nexus between dis- placement and security and between displacement and development, and with external and internal movements of people. For too long the study of refugee issues has been seen as an isolated and often secondary chal- lenge. It should now be analysed within a much broader context, with the needs and rights of people at the centre rather than on the periphery. This book represents a substantial input into this developing debate. Sadako Ogata United Nations High Commissioner for Refugees, 1991–2000 Part I Political, security, and normative perspectives 1 Refugees, international security, and human vulnerability: Introduction and survey Edward Newman Your humanitarian work is used, or rather abused, as a substitute for political action to address the root causes of mass displacement. You have become part of a ‘‘containment strategy’’, by which this world’s more fortunate and powerful countries seek to keep the problems of the poorer at arm’s length. How else can one explain the disparity between the relatively generous funding for relief efforts in countries close to the frontiers of the prosperous world, and the much more parsimonious effort made for those who suffer in remoter parts of the world such as Asia or Africa? And how else can one explain the contrast between the gen- erosity which poor countries are expected to show, when hundreds of thousands of refugees pour across their frontiers, and the precautions taken to ensure that as few asylum seekers as possible ever reach the shores of rich countries?1 Refugees, human displacement, and international politics Migration, whether voluntary or forced, has always been a characteristic of individual and collective human behaviour. Refugee flows and human displacement have, ad infinitum, been a feature, and consequence, of conflict within and between societies. It is questionable whether there have been qualitative changes in patterns of forced displacement over the past century despite the popular perception of refugee flows and human displacement as phenomena that have seen marked upturns in recent years. Nevertheless, one key change in the twentieth
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