Statelessness in Southern Africa (Final)
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Turkey╎s Role in the Loss and Repatriation of Antiquities
International Journal of Legal Information the Official Journal of the International Association of Law Libraries Volume 38 Article 12 Issue 2 Summer 2010 7-1-2010 Who Owns the Past? Turkey’s Role in the Loss and Repatriation of Antiquities Kathleen Price Levin College of Law, University of Florida Follow this and additional works at: http://scholarship.law.cornell.edu/ijli The International Journal of Legal Information is produced by The nI ternational Association of Law Libraries. Recommended Citation Price, Kathleen (2010) "Who Owns the Past? Turkey’s Role in the Loss and Repatriation of Antiquities," International Journal of Legal Information: Vol. 38: Iss. 2, Article 12. Available at: http://scholarship.law.cornell.edu/ijli/vol38/iss2/12 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in International Journal of Legal Information by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. Who Owns the Past? Turkey’s Role in the Loss and Repatriation of Antiquities KATHLEEN PRICE* “Every flower is beautiful in its own garden. Every antiquity is beautiful in its own country.” --Sign in Ephesus Museum lobby, quoted in Lonely Planet Turkey (11th ed.) at 60. “History is beautiful where it belongs.”—OzgenAcar[Acar Erghan] , imprinted on posters in Turkish libraries, classrooms, public buildings and shops and quoted in S. Waxman, Loot at 151; see also S. Waxman ,Chasing the Lydian Hoard, Smithsonian.com, November 14, 2008. The movement of cultural property1 from the vanquished to the victorious is as old as history. -
“Mexican Repatriation: New Estimates of Total and Excess Return in The
“Mexican Repatriation: New Estimates of Total and Excess Return in the 1930s” Paper for the Meetings of the Population Association of America Washington, DC 2011 Brian Gratton Faculty of History Arizona State University Emily Merchant ICPSR University of Michigan Draft: Please do not quote or cite without permission from the authors 1 Introduction In the wake of the economic collapse of the1930s, hundreds of thousands of Mexican immigrants and Mexican Americans returned to Mexico. Their repatriation has become an infamous episode in Mexican-American history, since public campaigns arose in certain locales to prompt persons of Mexican origin to leave. Antagonism toward immigrants appeared in many countries as unemployment spread during the Great Depression, as witnessed in the violent expulsion of the Chinese from northwestern Mexico in 1931 and 1932.1 In the United States, restriction on European immigration had already been achieved through the 1920s quota laws, and outright bans on categories of Asian immigrants had been in place since the 19th century. The mass immigration of Mexicans in the 1920s—in large part a product of the success of restrictionist policy—had made Mexicans the second largest and newest immigrant group, and hostility toward them rose across that decade.2 Mexicans became a target for nativism as the economic collapse heightened competition for jobs and as welfare costs and taxes necessary to pay for them rose. Still, there were other immigrants, including those from Canada, who received substantially less criticism, and the repatriation campaigns against Mexicans stand out in several locales for their virulence and coercive nature. Repatriation was distinct from deportation, a federal process. -
Repatriation Guide: Section 1 Overview
Repatriation Guide: Section 1 Overview Section 1 includes: Eligibility Services Roles of Agencies Financial Obligations of Participants Privacy of Participants Repatriation is the return of a U.S. citizen from a foreign country. The U.S. Repatriation Program (Program) exists to provide temporary assistance to citizens and their dependents that have repatriated and are in need of assistance. The Program assists citizens on an individual basis and during an emergency or group repatriation. All Program assistance is given in the form of loans that must be paid back to the federal government. Repayment may be waived under certain circumstances. The Program is administered by the Office of Refugee Resettlement (ORR) within the Administration for Children and Families at the Department of Health and Human Services. ORR partners with Department of State (DOS), state governments, and non-governmental organizations to provide assistance to participants of the Program. A U.S. citizen applying for assistance under the Program must contact the U.S. consulate in the host country. The U.S. consulate will collect all the information needed to ensure eligibility for the program. If the applicant is eligible, he or she must sign a privacy waiver, which allows DOS to share information with service providers. Eligibility Broadly, the Program assists two groups of U.S. citizens: those that lack resources and return to the United States because of destitution, illness, war, threat of war, invasion, or similar situation; and those that are mentally ill. Assistance to U.S. citizens without resources The Program can provide services to U.S. citizens and their dependents that lack resources and return to the United States. -
Children's Right to a Nationality
OPEN SOCIETY JUSTICE INITIATIVE Children’s right to a nationality Statelessness affects more than 12 million people around the world, among whom the most vulnerable are children. The Open Society Justice Initiative estimates that as many as 5 million may be minors. The consequences of lack of nationality are numerous and severe. Many stateless children grow up in extreme poverty and are denied basic rights and services such as access to education and health care. Stateless children‟s lack of identity documentation limits their freedom of movement. They are subject to arbitrary deportations and prolonged detentions, are vulnerable to social exclusion, trafficking and exploitation—including child labor. Despite its importance, children‟s right to a nationality rarely gets the urgent attention it needs. Children’s right to nationality The right to a nationality is protected under At the very least, the right to acquire a nationality under international law. The Universal Declaration of Human the CRC should be understood to mean that children Rights provides a general right to nationality under have a right to nationality in their country of birth if article 15. The international human rights treaties— they do not acquire another nationality from birth—in including the Convention on the Rights of the Child other words, if they would otherwise be stateless. In (CRC) and the International Covenant on Civil and fact, this particular principle is recognized in regional Political Rights (ICCPR)—as well as the Convention on systems as well as in the Convention on the Reduction the Reduction of Statelessness, provide particular norms of Statelessness. -
The Nationality Law of the People's Republic of China and the Overseas Chinese in Hong Kong, Macao and Southeast Asia
NYLS Journal of International and Comparative Law Volume 5 Article 6 Number 2 Volume 5, Numbers 2 & 3, 1984 1984 The aN tionality Law of the People's Republic of China and the Overseas Chinese in Hong Kong, Macao and Southeast Asia Tung-Pi Chen Follow this and additional works at: https://digitalcommons.nyls.edu/ journal_of_international_and_comparative_law Part of the Law Commons Recommended Citation Chen, Tung-Pi (1984) "The aN tionality Law of the People's Republic of China and the Overseas Chinese in Hong Kong, Macao and Southeast Asia," NYLS Journal of International and Comparative Law: Vol. 5 : No. 2 , Article 6. Available at: https://digitalcommons.nyls.edu/journal_of_international_and_comparative_law/vol5/iss2/6 This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Journal of International and Comparative Law by an authorized editor of DigitalCommons@NYLS. THE NATIONALITY LAW OF THE PEOPLE'S REPUBLIC OF CHINA AND THE OVERSEAS CHINESE IN HONG KONG, MACAO AND SOUTHEAST ASIA TUNG-PI CHEN* INTRODUCTION After thirty years of existence, the Government of the People's Re- public of China (PRC) enacted the long-awaited Nationality Law in 1980.1 Based on the PRC Government's enduring principle of racial and sexual equality, the new law is designed to reduce dual nationality and statelessness by combining the principles of jus sanguinis and jus soli to determine nationality at birth. The need for a Chinese national- ity law had long been recognized, but it was not until the adoption of the "open door" policy in 1978 after the downfall of the "Gang of Four," as well as the institution of codification efforts, that the urgency of the task was recognized. -
Mr Al-Jedda, Deprivation of Citizenship, and International Law
Mr Al-Jedda, Deprivation of Citizenship, and International Law Guy S. Goodwin-Gill1 Revised draft of a paper presented at a Seminar at Middlesex University on 14 February 2014 1. The Background in Brief Mr Al-Jedda was a refugee from Iraq. He was granted asylum in the United Kingdom and duly acquired British citizenship by naturalisation; as a consequence, he lost his Iraqi citizenship by operation of law. During the course of the war with Iraq, he was detained there and held by the British military on security grounds. He was released in December 2006, shortly after the Secretary of State made an order purporting to deprive him of his British citizenship. He appealed to the Special Immigration Appeals Commission in 2008, where argument focused on, among other issues, whether Occupying Powers are competent to legislate on nationality, and on the meaning and scope of various legal instruments, including the Transitional Administrative Law (TAL) decreed by the Coalition Provisional Authority and the 2006 Iraqi Nationality Law. SIAC rejected his appeal, finding that he was an Iraqi citizen. This was overturned by the Court of Appeal, which referred the matter back to SIAC. SIAC again found against Mr Al-Jedda, but was again overruled by the Court of Appeal which held that he had automatically lost Iraqi citizenship on acquiring British citizenship, and that he had not automatically regained it either under the TAL or the 2006 Law. Consequently, he could not lawfully be deprived of his British citizenship, as this would render him stateless. The Secretary of State appealed to the Supreme Court, arguing that under section 40 of the British Nationality Act, she could be ‘satisfied’ that the making of a deprivation order would not render the individual concerned stateless if there was another nationality ‘option’, for example, if that person ‘could’ apply elsewhere, and ‘would be’ granted citizenship. -
Meant Giving up Your US Citizenship
When Saying ‘I Do’ Meant Giving Up Your U.S. Citizenship Meg Hacker Did you know that from 1907 to 1922 American women lost their American citizenship by marrying non-Americans without even leaving the United States? Did these women regain their citizenship? Not necessarily! Session 3 Slide 0 of 42 Born in Florida and raised in West Texas, Meg has been with the National Archives at Fort Worth since 1985. She received her B.A. in American History from Austin College and her M.A. in American History from Texas Christian University. Texas Western Press published her thesis, Cynthia Ann Parker: The Life and The Legend. Meg Hacker She has presented to numerous historical and genealogical societies, Director of Archives archives and library associations, teacher in-services, and classrooms National Archives on a wide assortment of topics including: Chinese exclusion, at Fort Worth repatriation oaths, genealogy, immigration records, Native American records, 19th century Fort Smith criminal cases, NASA records, maritime records, and basic strategies for researching at the National Archives. Session 3 Slide 1 of 42 Repatriation Oaths Meg Hacker, Archives Director at The National Archives at Fort Worth Session 3 Slide 2 of 42 Naturalization… …is the process in which a person becomes a U.S. citizen. Tips: ● Not everyone who immigrates becomes a citizen - it is a choice, not a requirement… ● Not everyone who loses their citizenship knew they had lost it. ● Not everyone who loses their citizenship, gets it back. Check out Ancestry, Fold3, and FamilySearch for digitized Session 3 naturalization records Slide 3 of 42 Marriage before 1907 ● If the marriage to a foreigner occurred prior to 1907, the Supreme Court ruled that “a change of citizenship cannot be arbitrarily imposed, that is, imposed without the citizen’s knowledge or concurrence. -
Decolonizing NAGPRA Grades 9-12
Decolonizing NAGPRA Grades 9-12 For an alternative perspective on issues of collecting and repatriation do the following activities. Read pages 53-66. Do activities on pages 55, 56, 64, 65. James Riding In’s chapter “Decolonizing NAGPRA” in For Indigenous Eyes Only: A Decolonization Handbook. Please note: Copyright obtained (Reprinted by permission from “The Peralta-Ordóñez Affair and the Founding of Santa Fe,” from For Indigenous Eyes Only: A Decolonization Handbook, edited by Waziyatawin Angela Wilson and Michael Yellow Bird. Copyright 2005 by School for Advanced Research, Santa Fe, New Mexico.) Decolonizing NAGPRA James Riding In A. Repatriation Is Unfinished Business A. Repatriation Is Unfinished Business B.Vision and Purpose Decolonizing the Native American Graves Protection and Repatriation Act (NAGPRA) of 1990 is C.The Repatriation Struggle vital for bringing closure to one of the most gruesome, D. Participants in the Controversy horrific, and divisive chapters in the history of Indians– United States relations. Before NAGPRA, the U.S. E.Three Basic Schools of Thought government gave the scientific community, along with F.Ways to Decolonize NAGPRA other grave robbers, virtually complete authority to loot and plunder our graves without fear of punish- G. Conclusion ment under the law. Native Americans, defined by H. Suggested Resources NAGPRA as American Indians and Native Hawaiians, I. Suggested Readings never approved of these acts nor surrendered our dead. The perpetrators disregarded our views, beliefs, and J. Glossary rights because colonialism instills the colonizer with a notion of absolute entitlement—a notion that denies the colonized the respect and rights afforded to other humans. -
Joanne Mancini1 and Graham Finlay “Citizenship Matters”
JoAnne Mancini1 and Graham Finlay2 “Citizenship Matters”: Lessons from the Irish citizenship referendum” The Irish Citizenship Referendum of 2004 removed the last example of unrestricted birthright citizenship, or jus soli, from the list of European nations. Now similar pressures are building up in the United States of America, the most significant jus soli country in the rest of the world, where the principle of unrestricted birthright citizenship is enshrined in the 14th amendment. These pressures have similar parallels to the Irish case and push towards the same conclusions: lack of access to citizenship is strongly tied to the creation of ‘guest workers’ and the reduced status of such workers in terms of their employment rights strongly affects their ability to challenge exploitation in various forms. In both countries, immigration is being encouraged on a basis that leads to two groups of workers in the labour force: one group with citizenship, opportunities for political participation and rights, the other with restricted access to citizenship, fewer real opportunities for political participation and fewer rights either regarding their conditions of employment or in terms of their access to social welfare services. In this paper, we argue that since migration is inevitable, this trend against jus soli in a number of high income countries represents both unjust treatment of the migrant workers themselves and an attempt to increase competition for jobs through the deliberate alteration of the terms under which migrant workers are to compete. It is important to emphasise the inevitability of migration as a background to the issue of access to citizenship, particularly the movement of people from poor countries to wealthy ones, and its link with development. -
Revisiting and Going Beyond the EU-Turkey Migration Agreement of 2016: an Opportunity for Greece to Overcome Being Just “Europe’S Aspis”
Revisiting and going beyond the EU-Turkey migration agreement of 2016: an opportunity for Greece to overcome being just “Europe’s aspis” TURKEY PROGRAMME Kemal KIRIŞCI Non-Resident Senior Fellow, Brookings Institution; Vice-President of IGAM-Academy April 2021 Policy Paper#64/2021 ELIAMEP | Policy Paper # 64/2021 Revisiting and going beyond the EU-Turkey migration agreement of 2016: an opportunity for Greece to overcome being just “Europe’s aspis” Copyright © 2021 | All Rights Reserved HELLENIC FOUNDATION FOR EUROPEAN & FOREIGN POLICY (ELIAMEP) 49 Vasilissis Sofias Ave., 10676, Athens, Greece Tel.: +30 210 7257 110 | Fax: +30 210 7257 114 | www.eliamep.gr | [email protected] ELIAMEP offers a forum for debate on international and European issues. Its non-partisan character supports the right to free and well-documented discourse. ELIAMEP publications aim to contribute to scholarly knowledge and to provide policy relevant analyses. As such, they solely represent the views of the author(s) and not necessarily those of the Foundation. Kemal KIRIŞCI Non-Resident Senior Fellow, Brookings Institution; Vice-President of IGAM-Academy Summary • A conflict and tension dominated 2020 in Greek-Turkish and EU-Turkish relations appears to be subsiding and the European Council statement of March 25 offers a possible framework for a return to dialogue and diplomacy. • This framework, primarily focused on the Eastern Mediterranean, also provides room for revisiting the EU-Turkey statement of March 2016, a statement that had many opponents and whose implementation faced multiple grievances and recriminations from both sides. • In the interim, however, the emerging positive climate offers the possibility to expand cooperation in a relatively successful but inadequately appreciated part of the EU-Turkey statement known as the Facility for Refugees in Turkey (FRIT). -
Who Is Stateless and Why?
Who is stateless and why?: Exploring how the UN and the international community are addressing statelessness by comparing two case studies of Syrian refugees living in Lebanon and Jordan. Jillian H. Pflederer TC 660H Plan II Honors Program The University of Texas at Austin April 9th, 2019 __________________________________ Dr. Ruth Wasem Clinical Professor at the LBJ School of Public Affairs Supervising Professor __________________________________ Robert M. Chesney Associate Dean of Academic Affairs at the University of Texas School of Law Second Reader 1 Abstract: Author: Jillian H. Pflederer Title: Who is stateless and why?: Exploring how the UN and the international community are addressing statelessness by comparing two case studies of Syrian refugees living in Lebanon and Jordan. Supervising Professor: Dr. Ruth Wasem This thesis will explore how the United Nations High Commissioner for Refugees (UNHCR) is addressing statelessness as an international crisis and their #IBelong campaign to eradicate statelessness by 2024. Next, it will define what statelessness is and how someone is determined to be stateless concerning the recommendations of UNHCR and international humanitarian law. Finally, it will focus on two case studies of how statelessness is affecting Jordan and Lebanon. The phenomenon of statelessness is not new. However, since the beginning of the Syrian Civil War, statelessness has become prominent among Syrian refugees living in Jordan and Lebanon. Both countries have strict citizenship laws which rule nationality can only pass on to a child through the father. Refugee children born to families with a Syrian father or fathers who died in the conflict are left without a nationality. Many children who fled Syria lack birth certificates and others who are born in refugee camps lack a claim to nationality. -
Handbook Voluntary Repatriation
Voluntary Repatriation: International Protection HANDBOOK VOLUNTARY REPATRIATION: INTERNATIONAL PROTECTION 1996 United Nations High Commissioner for Refugees Geneva HANDBOOK Preface Chapter 1 - UNHCR's Mandate for Voluntary Repatriation 1.1 The Statute 1.2 The 1951 Convention on the Status of Refugees 1.3 General Assembly Resolutions 1.4 UNHCR Executive Committee Conclusions 1.5 Requests by the Secretary-General 1.6 Summary of the Current UNHCR Mandate for Voluntary Repatriation Chapter 2 - The Protection Content of Voluntary Repatriation 2.1 International Human Rights Instruments and the Right to Return 2.2 Cessation of Status and Fundamental Changes in the Country of Origin 2.3 Voluntariness 2.4 Ensuring Return in Safety and with Dignity 2.5 Responsibilities of the Host Country 2.6 Responsibilities of the Country of Origin Chapter 3 - UNHCR's Role in Voluntary Repatriation Operations 3.1 Promotion of Solutions, Promotion of Repatriation, Facilitation 3.2 Profile of the Refugee Community and of the Country of Origin 3.3 "Organized" and "Spontaneous" Repatriation: Being Prepared 3.4 Cross-Border Coordination 3.5 Communication in Repatriation Operations: Whom Do We Talk To? 3.6 Repatriation Negotiations and Agreements 3.7 New Arrivals 3.8 Residual Caseload Chapter 4 - Voluntariness: Practical Measures 4.1 Establishing the Voluntary Character of Repatriation 4.2 Information Campaigns 4.3 Interviewing, Counselling and Registration 4.4 Computerization Chapter 5 - Repatriation in Complex Political Circumstances 5.1 Repatriation During Conflict