The world today is different to any time in history. The movement of people – migrants, asylum seekers, refugees, victims of trafficking from one country to another is one area in which the laws and security of individual states face major challenges…
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Vast migration across the globe characterises the modern world. By 2000, 175 million people lived outside their place of birth: 158 million of these were urban migrants; 16 million were refugees and 900 000 were asylum seekers (Boyle, 2004). In 2005, the United Nations reported that there were more than 190 million international migrants, about 3% of the world’s population (UNHCR website, 2011). Since the current world population, 6 billion approximately, is too large to be compared to the population at any other time in history, unique problems exist. Countries no longer have complete control of their populations. Regional organizations, international non-governmental organizations or movements, multinational companies and even criminal organizations effectively are independent of state boundaries and often national laws (IR Theory Homepage, 2011). Religious, ethnic, cultural and even gender identities form international communities, not tied to single countries (Anderson, 2004). Refugees, fleeing their countries of birth due to war, famine, and oppression arrive in the USA, and in other mainly Western countries, every day, hoping to be protected by the democratic systems of these countries. International law clearly determines the rights and protection that must be given to refugees, who are forced to leave their country of birth (Akehurst, 1976). USA Federal law honors the right of asylum of people wanting to migrate to the USA, in line with the many international treaties and agreements which have been signed by the USA, following the rules of international law. About one-tenth of annual immigrants to the USA per year are refugees. Since 1980, more than two million refugees have settled in the USA (Human Rights USA website, 2011). According to the 1951 Convention Relating to the Status of Refugees, adopted as a Protocol by the United Nations in 1967, a refugee is a person outside his/her country of nationality, who fears persecution if he/she returns to their home state. This persecution must be due to one or more conditions called “protected grounds” by the United Nations Protocol. So, a refugee is someone who is likely to be persecuted in a home country due to race, nationality, religion, political opinion and membership of a social group, such as a religion. All countries that signed this agreement are required to give asylum to refugees, and the USA is a signatory of this agreement (The UNO, 1966). Within the USA, the Refugee Act of 1981 was passed by the USA Congress to expand the laws already agreed to in the Convention Relating to the Status of Refugees (Human Rights USA website, 2011). Currently, the handling of refugees in the USA is the responsibility of the Bureau of Citizenship and Immigration Services and the Department of Homeland Security. Once the United Nations Commissioner for Refugees has indicated that refugee status is necessary, as defined in the paragraph above, USA authorities will most likely accept that status, and begin to process the individuals or groups as refugees. In the USA, the criteria include someone who is “unable or unwilling to return because of persecution or a well-founded fear of persecution” in their home country (CIS website, 2011). According to the UNHCR (website, 2011) about 8.4 million people worldwide could be classified as refugees. These refugees tend to originate in West Africa, Central Asia, South West Asia, North Africa and the Middle East. Within USA law, refugees must satisfy the same
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At the beginning of 2012, Kathy and Frank had $9,000 in their savings account and $15,000 in credit card debt. Kathy and Frank also owned the same car at that time (still with an FMV of $10,000 and basis of $16,000) and the same household furnishings (still with an FMV of $17,000 and a basis of $30,000).
Several decades on, very little research has been done whether cross border restrictions remain as important as the fundamental factors that started them. Speaking with some few legal brains on the debate, most are those who contend that even though the factors and reasons may not be the same as those that started the laws, the laws remain important even today; but for different reasons.
According to the research findings, it is critical therefore that homeland security as a department must evolve and develop its relationships with the body which is responsible for the formulation of the laws in this country. A better coordination and understanding between the two can actually help the department to seek the required legal and statutory back up to further strengthen its overall security environment.
The refugee status is a very difficult, albeit a very delicate state. It is a situation wherein 'the security of individuals is locked into an unbreakable paradox in which it is partly dependent on, and partly threatened by, the state.” The refugee experiences displacement from her country and her people.
According to the Convention relating to the Status of Refugees adopted during 1951, the Article 1 (A) (1) and (2) states that “any person ….as a result of events occurring before 1 January 1951 and owing to well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of the country ….” (UNHCR Convention, 1951) Helena is a Titanian from Xanadu and was studying in Kensington when the war broke out between Titanian and Oberons.
The responsibility to protect is founded on two principles. State sovereignty necessarily infers that the state is responsible for protecting people within its own territory. Where populations are exposed to grave harm and the relevant state is either unable or unwilling to stop or prevent it, the concept of non-intervention is superseded.
is important to the progress in any country and where such security is threatened it is the obligation of the country to take measures to ensure the protection of its interests. The aim of this paper is to provide an analysis of the international laws relating to refugees and
s U.S citizens.1 This migration followed several decades of political instability in the country that was instigated by the collapse of Duvalier dictatorship reign in 1989. Haiti is a capitalist society where the gap between the rich and the poor grows by day.2 It’s the
First, the United States has reduced its welcoming smile to refugees and asylum seekers because of the September 11, 2001 Bin Laden -orchestrated attack on the United States. Second, Second, Consequently, laws controlled the influx of refugees and asylum seekers.
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