Refugees and Contemporary Models of Justice - Coursework Example

Refugees & contemporary Models of justice Table of Contents Refugees & contemporary Models of justice 1 Table of Contents 1 1.0 Introduction 1 2.0 Theories of justice 3 3.0 How contemporary models of justice and systems of justice impact on refugees 4 4.0 Concept of refugee migration 10 5.0 Selective application of justice to various types of refugees 10 6.0 Importance of safeguarding basic human rights for refugees 11 7.0 Conclusion 12 8.0 References 14 9.0 Appendices 15 1.0 Introduction Contemporary societies and global economies have seen its fair share successes and challenges. The issue of refugees remains fresh in contemporary societies as more and more people are, driven out of their homes by wars, natural calamities, famine, environmental causes, persecution, and diseases and due to political dissonance (Peter & Debra, 2007). A refugee is an individual who has been, compelled out of their home place and is in a host country to seek safety and protection (Koizumi, 1993). According to the United Nation Convention, a refugee is, defined as an individual who is without the state of their nationality and seeks protection from a hosting party as they cite fear of persecution in their home country stemming from race, nationality, ethnic grouping, and membership to a particular grouping, religion, and political partisanship (Hathaway, 2005). Refugees also include asylum seekers and internally displaced persons. Due to disintegration of national policies on refugees, refugees may feel left out and forgotten and might resort to organizing groupings to offer protection against invasions, assaults and coercion (Boswell, 2005). These groupings grow in numbers to become vigilante and militia groups. This scenario makes global economies and international judicial systems to re-evaluate legal systems and judicial structures on refugees. Presently, Sudan, Iraq, Afghanistan, Palestine and Myanmar are among the largest global source of refugees, Sudan having the highest number of internally displaced persons while Azerbaijan, with more than a million refugees and internally displaced people, has the highest per capita IDP globally (Amnesty International. 1997). This report critically analyzes how contemporary models of justice and systems of justice impact on refugees. 1.1 Justice Justice is, defined as perception of ethical aptness founded on morals and principles, reasonableness, beliefs, equality and impartiality and aligning retribution for violating the states moral principles (Whittaker, 2006). According to John Rawl, Justice forms the most important virtue to social institutions as it seeks to propagate truth (Rawls, 1999). He mentions that justice for all is different and more important than goodwill, donating, leniency, kindness, liberality and care for others (Rawls, 1999). 2.0 Theories of justice 2.1 Utilitarian theory There are varied theories of justice that includes theories of retributive justice, which deals with issues of punishment. Under the retributive theory there is the utilitarian theory that states that distribution of social goods are just when the allotment improves efficacy, where the efficacy is described as pleasure, fulfillment and satisfying varied preferences in the social setting (Barry, 1989). Utilitarian theory discourages punishment. However, the theory implies that it might be necessary to use threat to compel people to make better choices that improves the welfare for all and rehabilitation of people considered ‘bad’ to help reform their behavior and stop them from doing what is considered wrong. In addition, confinement or incarceration might be necessary for persons who cannot be, easily redeemed and imprisoning them will be for the greater good and safety the society. 2.2 Theories of distributive justice These types of theories of justice discuss the distribution of social goods that includes wealth, power, and respect to societies, people and social groupings (Rescher, 1967). On the question of how to allot the social goods, the theories suggest there are varied ways such as equally, meritocratically, according to social status, based on need, according to property rights, aggression or non-aggression (Rescher, 1967). A type of distributive theory is the Rawl’s theory. The two principles of Rawl’s theory are liberty where every individual has equal right to basic liberties and effective wealth distribution and, where social and economic imbalances should be, structured in such a way they offer the greatest gain to the disadvantaged and access to fair and equal opportunities (Rawls, 1999). 2.3 Theory of Restorative justice This model does not focus on punishment but rather on making the victim whole and re-incorporating the offender with the society (Barry, 1989). The concept is, used in uniting the oppressor and the oppressed in order for the oppressor to fully, grasp the impact of their oppression to the oppressed. 3.0 How contemporary models of justice and systems of justice impact on refugees As earlier mentioned justice for all is not an option. However, many persons in the society feel they do not get the justice they deserve. Refugees globally are susceptible to physical violence, diseases and ailments, poor living conditions in refugee camps and detention camps, poor health due to malnutrition, homelessness, psychological trauma, child abuse, oppression, forced labor and violation of their fundamental human rights (Amnesty International. 1997). Refugees are vulnerable groups that require close attention and deserve equal treatment and opportunities as persons in a society. The efforts of repatriation are, intertwined with adherence to the set standards of human rights and justice. Despite international laws and guidelines guiding establishment of refugee camps and their repatriation, the rights of the refugees are at times, violated and their justice denied (Hathaway, 2005). Using distributive theory of justice every individual including refugees should be afford with wealth, opportunities and respect accorded to locals in the host country (Barry, 1989). So far, not many refugees are able to acquire wealth, opportunities and respect given to others. This is, attributed with the perception that refugees are a security and safety risk for the host nations since increased intake of refugees is, perceived to translate to increased rates of crimes in areas surrounding the refugee camps. In addition, they are, seen as a social and an economic burden. This perception makes it hard for refugees to access basic amenities such clean water, nutritional food, good shelter, medial care, clothing and favorable living environments (Koizumi, 1993). This is because either the soaring numbers of refugees overwhelms the agencies concerned with justice for refugees or the home government is less mindful about repatriation efforts and ensuring the basic rights of her people are not, violated. Systems of justice allow persons seeking refuge to get and access necessary amenities (Whittaker, 2006). However, such a justice for refugees is not yet a reality for most refugees as they are either, confined in detention camps for long duration of time, or denied safety, security and access to basic utilities that they so desperately require and ran from their home country to get. Policies on refugees are faulty as some are limiting to what a refugee can or cannot access (Peter & Debra, 2007). Apart from forced deportation of refugees who are, found without formal papers to their home countries, refugees are unable to access medical interventions. Medical interventions such as counseling and vaccinations are important in helping relieve stress, psychological trauma and managing illnesses contracted while on transit or in camps respectively (Amnesty International. 1997). Currently, there remain refugees who are not able to access counseling and therefore have developed complicated mental disorders and mental dysfunctions. 3.1 The UNHCR Disintegrated policies, systems and framework for justice for refugees has deteriorated despite the immense efforts put in by the UNHCR –The United Nations High Commissioner for Refugees and other international agencies. The mandate for the UNHCR is to protect the rights and welfare of refugees and ensure that refugees are able to access refuge in another country with the choice of going back to the home country, settling in the host country or resettling in a third host country (Steiner, 2003). Despite the efforts, women and children are still dying in camps and justice for refugees is far from being, realized. 3.2 Impediments to justice for refugees Governments and states around the world are reluctant and slow to implement legislations and principles of international law and justice for refugees in their legal systems and policy structures. This puts the refugee at a disadvantage as they have minimal or no alternative on the national level (Whittaker, 2006). In addition, although there are developed plans to manage refugees in camps, countries have not yet implemented them, which put intense pressure on the national budget and available resources. The situation such as this has the potential to expose refugees to abuse. Contemporary social theories and models of justice imply that every individual is entitled for privacy and access to psychological, emotional and physical support. Host countries are not as supportive to ensuring refugees are accessible to these components, legal, social and economic support. Some countries have stringent policies and legal frameworks that do not distinctively identify a refugee from an illegal migrant (Boswell, 2005). Others refuse entrance of refugees in their territories citing security reasons and denying refugees freedom from arbitrary detention, thus, violating their fundamental human right (Whittaker, 2006). International law and justice for refugees compels societies and governments to safeguard an individual’s right to dignity, impartiality, freedom, and access to basic standard of life that entails freedom from aggression, hunger and promotes tolerance and unity (Hathaway, 2005). International agencies that are, tasked with safeguarding the rights and welfare of refugees have been drivers of motives and directives from their member states and major donors, which results in more care given to some refugees and disregarding others. With increasingly diminished resources such as land, it is becoming harder to implement the distributive theories of justice to refugees. Land resources are so few to sufficiently satisfy and accommodate the locals without adding the refugees into the equation (Koizumi, 1993). Equally distributing wealth, power and opportunities becomes hard. In a bid to afford refugees with equal opportunities, the local people in host countries develop negative attitudes towards the refugees that are associated with reduced employment and resource opportunities for the locals. 3.3 Sustainable solutions to fragmented systems of justice for refugees The most applicable theory of justice when dealing with refugees is the restorative theory, as the agencies involved in management and co-ordination of refugees are able to foster reconciliation hence, facilitating safe repatriation of refugees to their home countries. This promotes peace, collaboration and harmony among refugees and parties that aggrieved them from their home countries (Steiner, 2003). The main solution to countering issues related with justice for refugees lies in international collaboration among global economies to help improve the basic standards of living for refugees, establishing supportive and effective policies and legal systems in varied countries to support safe and secure entry of refugees and repatriation efforts (Amnesty International. 1997). The refugee crisis globally stems from faulty local policies, inadequate resources, enforcement of structural regulation systems, resentment between local people and the refugees and inadequate power distribution Contemporary models of justice protect people from poverty, hunger, illiteracy, equality, death, diseases and promote orderliness, peace, harmony, sustainability and participation by all members of a society. The refugee crisis it is important to note, is not a problem for third word and developing countries as problems in such areas and regions has the potential to escalate to levels that negatively influence the developed economies (Peter & Debra, 2007). Global economies are, mandated to ensure protection of human rights for all people regardless of race, social class, religion, ethnicity, political affiliation, age, literacy level, gender, nationality, culture and ideals of an individual. In alignment to international collaboration and establishing supportive and effective policies and legal system, there is need for human rights based actions to refugee crisis that involves utilizing international principles, on safeguarding the human rights, empowering refugees -as vulnerable groups and fostering collaboration by all stakeholders (Koizumi, 1993). Additionally, limiting prejudice and intolerance and making all people across societies responsible to upholding and promoting human rights. This will have an impact of enhancing sustainability, accountability and engagement from all stakeholders (Amnesty International. 1997). Human rights based actions are influential in attracting donor funds, refugees are empowered to take charge of their circumstances while the hosting state is, supplied with management systems to tackle prolonged stay of refugees in preference to uncertain promises and pledges of aid and backing. Management systems to be, supplied include establishment of education and vocational training programs for refugees to equip them with skills to help them earn a living whether they return to home countries, settle within host country or transfer to third country and teach them second languages such as English Language. This helps to improve communication among refugees, between refugees and the locals and between the refugees and the international refugee agencies and other related –sectors and institutions (Peter & Debra, 2007). In addition, the refugees should be, supplied with legal advice and consultation, which can be, achieved through implementation of a paralegal system to help guide refugees on legal maters, follow –ups and foster capacity building at refugee camps. The paralegals can help examine conditions at refugee and detention camps to ensure their fundamental rights to basic amenities such as quality living environment, liberty, food, medical care, and clothing and clean water (Koizumi, 1993). They can also be agents of justice and its implementation in home, host and third countries. When applying theories of justice while handling refugee crisis, it is critical to note that varied socio-economic elements that force refugees to seek refuge in another country does not influence every refugee the same way. 4.0 Concept of refugee migration Different types of migrations of refugees are as intricate as the reasons that compel refugees out of their home countries (Steiner, 2003). It stems from the fact that different people perceive risk and threats to their lives differently. One person may flee their home country by a mention of conflict while another it would take an actual violent act and conflict to seek refuge elsewhere (Matthew 2004). According to Ernest Ravenstein’s Laws of migration, the relocation of people is, guided by an availability of adverse conditions in home country and favorable environment in another. Ravenstein mentions that the number of people migrating reduces as distance increases and that the gender, social class, age and literacy level influence migration of people from one location to another (Rescher, 1967). 5.0 Selective application of justice to various types of refugees According to Rawl’s theory in the distributive theories of justice, justice entails liberty where every individual has equal right to basic liberties and effective wealth distribution and where social and economic imbalances are, structured in such a way they offer the greatest gain to the disadvantaged and access to fair and equal opportunities. Since refugees are classified based on the intricate reasons they migrated, some types of refugees receive more opportunities, liberties and are accessible to basic opportunities, power and respect than others. There are political, economic and environmental refugees (Westra, 2009). The categories of refugees that receive more attention, care and whose fundamental human rights are greatly, uphold are political refugees who seek asylum in foreign countries. They are able to access employment opportunities, food, medical care and other basic resources (Westra, 2009). On the other hand, economic and environmental refugees, their human rights and accessibility to power, wealth and respect are minimal. The lack of focus on economic and environmental refugees stems from the narrow definition of what constitutes a refugee and lack of adequate legal systems and policies to support the two categories. 6.0 Importance of safeguarding basic human rights for refugees Dealing with injustices and atrocities done to refugees is of utmost importance in the fight against violation of human rights and ending unethical practices such as human trafficking, illegal migration, discrimination and poor treatment of refugees. Repatriation efforts are supposed to conform to international laws, justice and standards (Boswell, 2005). Repatriation should be, done voluntarily and in a manner, that suits the refugee. Safety, security and protection of the basic rights of the refugee should first be, assured before commencement of repatriation process (Steiner, 2003). Analysis of the third countries should be, done to ensure the host has the capability to facilitate favorable living standards for the refugees. In hosting refugees, it is essential to ensure the hosting country has no conflict of interests with the sourcing nation (Matthew 2004). Be it as it may, modern systems of justice and policies have enhanced safeguarding of fundamental human rights of refugees and it has compelled global economies to participate in ensuring justice for refugees is, guaranteed. Modern systems have established provisions in legal structures to accommodate safety and security for economic and environmental refugees. This is particularly important in countering environmental challenges that are facilitating climate change. Through collaboration, international economies are able to easily, provide refugees with necessary amenities (Koizumi, 1993). Social equity and justice for refugees through provision of free legal counsel and support, educational and training programs and economic aid has ensured majority of refugees are accessing clean water, employment, food and good living conditions (Amnesty International. 1997). Through contemporary models of justice, refugees have more power and voice to compel governments to satisfy their needs as human beings. They are able to ask for their fair share of wealth, respect, opportunities and resources. The systems of justice in place currently, compel communities to become more accountable and engaged in enhancing safety, security and non-violation of the basic human rights for the refugees (Matthew 2004). In addition, there is a distinction of refugees and illegal migrants and each group is, accorded their human rights. Refugees now more than ever, access medical care that includes counseling to help alleviate their stress, depression and any other psychological trauma they may experience. This stems from culture shock for living in a new cultural environment, fear, anxiety, trauma of leaving and separating with family and friends and memories of evil committed to them or others during wars (Steiner, 2003). Figure 1 and 2 illustrate area of concerns when addressing refugees and effective refugee justice process respectively. 7.0 Conclusion Refugees are persons who relocate from their home countries to a host country to seek safety and protection for fear of losing their lives. According to the United Nation Convention, a refugee is defined as an individual who is without the state of their nationality and seeks protection from a hosting party as they cite fear of persecution in their home country stemming from race, nationality, ethnic grouping, membership to a particular groupings, religion, and political partisanship. The report has critically analyzed the impact of contemporary models of justice and justice to refugees. Refugees are, faced with immense challenges stemming from psychological trauma, homelessness, fear and lack of basic amenities. Refugees are prone to diseases and poor health, poor living conditions, lack of clean water, inadequate supply of food and clothing, and inaccessibility to medical care. With the rising numbers of refugees globally, effective policies and systems are required to foster justice for refugees. According to the report, the most suitable solution is an incorporation of the restorative theory of justice with community involvement and human rights based actions that involve utilizing international principles on safeguarding the human rights of refugees, empowering refugees -as vulnerable groups and fostering collaboration by all stakeholders. Additionally, limiting prejudice and intolerance and making all people across societies responsible to upholding and promoting human rights. This has an impact of enhancing sustainability, accountability and engagement from all stakeholders. Human rights based actions are influential in attracting donor funds, refugees are empowered to take charge of their circumstances while the hosting state is, supplied with management systems to tackle prolonged stay of refugees in preference to uncertain promises and pledges of aid and backing. There is need to understand the scope of refugees that include economic and environmental refugees and political refugees by addressing concerns of all without biasness. 8.0 References Amnesty International. 1997. Refugees: human rights have no borders. London: Amnesty International. Barry, B.M. 1989. Theories of justice. San Francisco: University of California Press. Boswell, C. 2005. The ethics of refugee policy. London: Ashgate Publishing, Ltd. Hathaway, J.C. 2005. The rights of refugees under international law. Cambridge: Cambridge University Press. Koizumi, T. 1993. Interdependence and change in the global system. Washington, DC: University Press of America. Matthew J. G. 2004. The Ethics and Politics of Asylum: Liberal Democracy and the Response to Refugees. Cambridge: Cambridge University Press. Peter F. & Debra H. 2007. What are they doing here? A critical guide to asylum and immigration. New Jersey: Venture Press. Rawls, J. 1999. A theory of justice. Harvard: Harvard University Press. Rescher, N. 1967. Distributive justice: a constructive critique of the utilitarian theory of distribution. London: Bobbs-Merrill. Steiner, N., Gibney, M., & Loescher, G. 2003. Problems of protection: the UNHCR, refugees, and human rights. London: Routledge. Westra, L. 2009. Environmental justice and the rights of ecological refugees. Geneva: Earthscan. Whittaker, D.J. 2006. Asylum seekers and refugees in the contemporary world. New Jersey: Taylor & Francis. 9.0 Appendices Figure 1 Figure 2 Read More