Refugees

Introduction

Refugees - Research Guide International Law

The United Nations Convention relating to the Status of Refugees of 1951 and its 1967 Protocol defines a refugee as someone who, ‘owing to a 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 to or, owing to such fear, is unwilling to avail himself of the protection of that country’. The definition of a refugee was expanded by regional conventions in Africa and Latin America to include persons who had fled war or other violence in their home country. It is important to note that article 33 of the Convention provides for the principle of non-refoulement which means that no contracting state shall expel or return (refouler) a refugee in any manner whatsoever to territories where his or her life or freedom would be threatened. Those who seek refugee status are referred to as “asylum seekers”; the conditions under which a person is granted refugee status is left to the discretion of States. The office of the United Nations High Commissioner (UNHCR) for Refugees is the principal UN organ that protects and supports refugees. Over time, UNHCR’s mandate has been expanded to cover other persons of concern, including some internally displaced persons.  The UNHCR assists refugees in their resettlement or return and finds other solutions to their plight. On an international level, debates continue regarding the nature of the protection that refugees should be granted, the obligations of receiving countries and the role of the international community towards refugees.

This Research Guide is intended as a starting point for research on Refugees. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. See the Librarians Choice for the latest important publications on refugees and internally displaced persons. Links to the PPL Catalogue are inserted. The Library’s classification index code (systematic code) 160c. Other Administrative, Social and Humanitarian Questions (Refugees, etc.) and subject headings (keywords) Refugees or Displaced Persons are instrumental for searching through the Catalogue. Other systematic codes which may be helpful are 53a6a. (European Union immigration issues),  100 (Emigration and immigration in general), 101. (Emigration and immigration in the various states), 103. (Expulsion) and 253. (Asylum). Other keywords which may be helpful: Emigration and Immigration, Asylum, Right of Asylum, Convention relating to the Status of RefugeesUNHCR, and Non-Refoulement. Special attention in the Research Guide is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.

Bibliography

Reference works

 Recent books/papers

Leading articles

Documents

Periodicals, serial publications

See also: Criticial Reflections on Refugee Law, Special Issue International Journal on Minority and Group Rights, 20 (2013).

Bibliography

 

New titles


1. Illegal migrations and the Huckleberry Finn problem
Illegal migrations and the Huckleberry Finn problem / John S. W. Park. - Philadelphia : Temple University Press, 2013. - 266 pages. ; 23 cm Bibliography: page 251-261. - References: page 205-250. - With index. - 2013
Keywords: United States of America, Illegal immigrants, Public opinion, Slavery, Education, Racial discrimination, Labor, History,

2. The EU and immigration policies
The EU and immigration policies : cracks in the walls of fortress Europe? / Christof Roos. - Basingstoke : Palgrave Macmillan, 2013. - IX, 245 pages. ; 23 cm. - (Transformations of the state) Bibliography: page 215-237. - Notes: page 201-214. - With index. - 2013
Keywords: European Union, Immigration, Regional policy, Directives, Right of residence,

3. Protecting human rights of refugees
Protecting human rights of refugees : issues & international intervention / Sarat C. Joshi. - New Delhi ; Guwahati ; Visakhapatnam : Forward Books, 2011. - VIII, 240 pages. ; 23 cm Bibliography: page 225-233. - With index. - 2011
Keywords: South Asia, Refugees, Asylum, Human rights, International instruments, Immigration,

4. Migrant marginality
Migrant marginality : a transnational perspective / edited by Philip Kretsedemas, Jorge Capetillo-Ponce and Glenn Jacobs. - New York ; London : Routledge Taylor & Francis Group, 2014. - IX, 360 pages. ; 24 cm. - (Routledge advances in sociology ; 98) Includes bibliographical references and index. - 2014
Keywords: Aliens, Multicultural society, Government policy, Immigration, Integration, Identity, Cultural diversity,

5. al-Hiǧra ġayr al-šarʿiyya fī minṭaqat al-Baḥr al-Abyaḍ al-Mutawassiṭ
al-Hiǧra ġayr al-šarʿiyya fī minṭaqat al-Baḥr al-Abyaḍ al-Mutawassiṭ : al-maḵāṭir wa-istrātīgiyya al-muwāǧaha / Muḥammad Ġarbī, Sufyān Fūka, Masrī Mursī, editors. - al-Ǧazāʾir : Ibn al-Nadīm li-al-Našr wa-al-Tawzīʿ, 2014. - 478 pages. : illustrations. ; 24 cm With references. - 2014
Keywords: Mediterranean Sea, Mediterranean countries, Maghreb, Immigration, Illegal immigrants, Security,

6. al-Hiǧra ġayr al-šarʿiyya ṭibqan li-al-wāqiʿ wa-al-qānūn wa-al-mawātīq wa-al-brūtūkūlāt al-duwaliyya
al-Hiǧra ġayr al-šarʿiyya ṭibqan li-al-wāqiʿ wa-al-qānūn wa-al-mawātīq wa-al-brūtūkūlāt al-duwaliyya / Amīr Farağ Yūsuf. - al-Qāhira : Dār al-Kitāb al-Ḥadiṯ, 2012. - 123 pages. ; 24 cm. - (Mawsūʿat al-qānūn al-ǧināʾī wa-al-adilla al-ǧināʾiyya) With references. - 2012
Keywords: North Africa, United States of America, Mexico, Illegal immigrants, Criminal law, Unemployment, Immigration,

7. The African Union Legal Framework for Protecting Asylum Seekers
The African Union Legal Framework for Protecting Asylum Seekers / Ademola Abass and Dominique Mystris. - Farnham : Ashgate. - Page 19-44 In: Regional Approaches to the Protection of Asylum Seekers : an International Legal Perspective / edited by Ademola Abass and Francesca Ippolito, ISBN 9781409442974: (2014), Page 19-44. - 2014
Keywords: African Union, Right of asylum, Asylum, Protection, Refugees, Organization of African Unity,

8. The Role of the African Human Rights System with Reference to Asylum Seekers
The Role of the African Human Rights System with Reference to Asylum Seekers / Gino J. Naldi and Cristiano d'Orsi. - Farnham : Ashgate. - Page 45-65 In: Regional Approaches to the Protection of Asylum Seekers : an International Legal Perspective / edited by Ademola Abass and Francesca Ippolito, ISBN 9781409442974: (2014), Page 45-65. - 2014
Keywords: Africa, African Charter on Human and Peoples' Rights (Banjul, 27 June 1981), Human rights, Refugees, Non-refoulement, African Court of Justice and Human Rights, Organization of African Unity, Asylum,

9. Sub-Regional Frameworks for the Protection of Asylum Seekers and Refugees in Africa: Bringing Relief Closer to Trouble Zones
Sub-Regional Frameworks for the Protection of Asylum Seekers and Refugees in Africa: Bringing Relief Closer to Trouble Zones / Solomon T. Ebobrah. - Farnham : Ashgate. - Page 67-85 In: Regional Approaches to the Protection of Asylum Seekers : an International Legal Perspective / edited by Ademola Abass and Francesca Ippolito, ISBN 9781409442974: (2014), Page 67-85. - 2014
Keywords: Africa, Asylum, Refugees, Human rights, Economic Community of West African States,

10. The African National Human Rights Institutions and the Protection of Asylum Seekers: Existing Practices and Opportunities through the Optional Protocol to the UN Convention against Torture
The African National Human Rights Institutions and the Protection of Asylum Seekers: Existing Practices and Opportunities through the Optional Protocol to the UN Convention against Torture / Elina Steinerte. - Farnham : Ashgate. - Page 87-112 In: Regional Approaches to the Protection of Asylum Seekers : an International Legal Perspective / edited by Ademola Abass and Francesca Ippolito, ISBN 9781409442974: (2014), Page 87-112. - 2014
Keywords: Africa, Asylum, Refugees, Human rights, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (New York, 10 December 1984), Torture, Right of asylum, Organization of African Unity,

11. The Protection of Asylum Seekers with Particular Reference to African Women: the Contribution to the Contemporary Jurisprudence
The Protection of Asylum Seekers with Particular Reference to African Women: the Contribution to the Contemporary Jurisprudence / Rebecca Wallace. - Farnham : Ashgate. - Page 213-243 4241 In: Regional Approaches to the Protection of Asylum Seekers : an International Legal Perspective / edited by Ademola Abass and Francesca Ippolito, ISBN 9781409442974: (2014), Page 213-243. - 2014
Keywords: Africa, Asylum, Right of asylum, Gender, Women, United Nations High Commissioner for Refugees, Human Rights Committee, Genital mutilation, Refugees,

12. Fora and Programmes for Refugees in Latin America
Fora and Programmes for Refugees in Latin America / Liliana Lyra Jubilut. - Farnham : Ashgate. - Page 245-266 In: Regional Approaches to the Protection of Asylum Seekers : an International Legal Perspective / edited by Ademola Abass and Francesca Ippolito, ISBN 9781409442974: (2014), Page 245-266. - 2014
Keywords: Latin America, Asylum, Right of asylum, Refugees, Regionalism, Human rights, Protection,

13. Protection of Asylum Seekers under the Inter-American Human Rights System
Protection of Asylum Seekers under the Inter-American Human Rights System / David James Cantor and Stefania Barichello. - Farnham : Ashgate. - Page 267-294 In: Regional Approaches to the Protection of Asylum Seekers : an International Legal Perspective / edited by Ademola Abass and Francesca Ippolito, ISBN 9781409442974: (2014), Page 267-294. - 2014
Keywords: Asylum, Right of asylum, Refugees, Protection, Human rights, Inter-American Court of Human Rights, American Convention on Human Rights (San José, 22 November 1969), Organization of American States,

14. ASEAN and the Conceptualization of Refugee Protection in Southeastern Asian States
ASEAN and the Conceptualization of Refugee Protection in Southeastern Asian States / Susan Kneebone. - Farnham : Ashgate. - Page 295-323 In: Regional Approaches to the Protection of Asylum Seekers : an International Legal Perspective / edited by Ademola Abass and Francesca Ippolito, ISBN 9781409442974: (2014), Page 295-323. - 2014
Keywords: Association of South East Asian Nations, Asylum, Right of asylum, Refugees, Protection, Human rights, Human security,

15. The 1989 Comprehensive Plan of Action (CPA) and Refugee Policy in Southeast Asia: Twenty Years Forward What Has Changed?
The 1989 Comprehensive Plan of Action (CPA) and Refugee Policy in Southeast Asia: Twenty Years Forward What Has Changed? / Sara E. Davies. - Farnham : Ashgate. - Page 325-346 In: Regional Approaches to the Protection of Asylum Seekers : an International Legal Perspective / edited by Ademola Abass and Francesca Ippolito, ISBN 9781409442974: (2014), Page 325-346. - 2014
Keywords: Southeast Asia, Asylum, Right of asylum, Refugees, Protection, Human rights, United Nations High Commissioner for Refugees,

16. The Protection of Asylum Seekers in East Asian State Parties to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol
The Protection of Asylum Seekers in East Asian State Parties to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol / Kelley Loper. - Farnham : Ashgate. - Page 347-376 In: Regional Approaches to the Protection of Asylum Seekers : an International Legal Perspective / edited by Ademola Abass and Francesca Ippolito, ISBN 9781409442974: (2014), Page 347-376. - 2014
Keywords: Southeast Asia, Asylum, Right of asylum, Refugees, Protection, Human rights, United Nations High Commissioner for Refugees, Convention relating to the Status of Refugees (Geneva, 28 July 1951),

17. Rethinking of the Origins of "Persecution" in Refugee Law
Rethinking of the Origins of "Persecution" in Refugee Law / Jane McAdam In: International Journal of Refugee Law = ISSN 0953-8186: vol. 25, issue 4, page 667-692. - 2013
Keywords: Refugees, Right of asylum, Persecution, Immigration, Development of international law,

18. Questioning Governance in Protracted Refugee Situations
Questioning Governance in Protracted Refugee Situations : the Fiduciary Nature of State-Refugee Relationship / Anna Lise Purkey In: International Journal of Refugee Law = ISSN 0953-8186: vol. 25, issue 4, page 693-716. - 2013
Keywords: United Nations High Commissioner for Refugees, Refugees, Human rights, Protection, State responsibility, Immigration,

19. Speedy Asylum Procesures in the EU
Speedy Asylum Procesures in the EU : Striking a Fair Balance Between the Need to Process Asylum Cases Efficiently and the Asylum Applicant's EU Right to an Effective Remedy / Marcelle Reneman In: International Journal of Refugee Law = ISSN 0953-8186: vol. 25, issue 4, page 717-748. - 2013
Keywords: European Union, Asylum, Refugees, Immigration law, Member states, Fair administration of justice, Human rights,

20. German Courts and their Understanding of the Common European Asylum System
German Courts and their Understanding of the Common European Asylum System / Harald Dörig In: International Journal of Refugee Law = ISSN 0953-8186: vol. 25, issue 4, page 768-778. - 2013
Keywords: Germany, European Union, Supreme court, Community law and municipal law, Refugees, Asylum, Immigration,

Librarian's choice

These publications are selected for you by .

  • Rubio-Marín, R. (ed.), Human Rights and Immigration, Oxford, Oxford University Press, 2014.

    Rubio-Marín, R. (ed.), Human Rights and Immigration, Oxford, Oxford University Press, 2014.

    Economic interaction has enlarged the international trade in goods and services, but the safe and humane flow of persons across international borders remains a challenge in a State-based model of territorial jurisdictions. Once an immigrant enters a new host country the guarantee of respect for their human rights comes into question. Indeed, the legal and political constructions of inclusion or exclusion of migrants from the political community touch at the very heart of the cosmopolitan spirit of universal human rights.

    This book brings together leading experts in the fields of migration and human rights law to examine central problems in the protection of the human rights of migrants. They explain the theoretical background of present issues in the area including, immigrant integration policies in Europe, the social and labour rights of migrants, the conditions and legal frameworks affecting migrant women, asylum seekers and refugees worldwide among many others. It explains in a clear and critical manner the legal and political implications of migration today in the context of an evolving globalized world.

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  • Chetail, V. and C. Bauloz (eds.), Research Handbook on International Law and Migration, Cheltenham, Edward Elgar, 2014.

    cheail, v. and c. bauloz (eds.), research handbook on international law and migration, cheltenham, elgar, 2014

    Migration is a complex and multifaceted issue, and the current legal framework suffers from considerable ambiguity and lack of cohesive focus. This Handbook offers a comprehensive take on the intersection of law and migration studies and provides strategies for better understanding the potential of international legal norms in regulating migration. Authoritative analyses by the most renowned and knowledgeable experts in the field focus on important migration issues and challenge the current normative framework with new ways of thinking about the topic.

    The book examines the many facets of migration from an international law perspective. Topics discussed include the relationship between migration and state sovereignty, the human rights of migrants, human trafficking, migrant workers, refugees and internal displacement. The expert contributors hail from a number of diverse international law backgrounds (including refugee law, human rights law, humanitarian law, labour law, WTO law and others), allowing them to synthesize many different perspectives and present a comprehensive, cohesive and timely study of a complicated and fractured topic.

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  • Abass, A. and F. Ippolito (eds.), Regional Approaches to the Protection of Asylum Seekers: An International Legal Perspective, Farnham, Ashgate, 2014.

    9781409442974.PPC_regional approaches

    This book presents a comprehensive assessment of regional responses to the crisis in the asylum/refugee system and critically examines how different regions tackle the problem. The chapters consider the fundamental challenges which undermine an effective asylum process as well as regional difficulties with the various circumstances surrounding asylum seekers. With contributions on Africa, Europe, Latin America, South Asia and the Middle East, and the Pacific, the collection strives to appreciate what informs each region’s approach to the asylum process and asks if there are issues common to every region and if regions can learn from one another. The book seeks an understanding of the existing legal regime for the protection of asylum seekers and how regional institutions such as human rights commissions and regional courts enforce and adjudicate the law.

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  • Janmyr, M., Protecting Civilians in Refugee Camps. Unable and Unwilling States, UNHCR and International Responsibility, Leiden, Martinus Nijhoff, 2014.

    Janmyr, M., Protecting Civilians in Refugee Camps. Unable and Unwilling States, UNHCR, International Responsibility, Leiden, Nijhoff, 2014

    Rather than serving as civilian and humanitarian safe havens, refugee camps are notorious for their insecurity. Due to the host state’s inability or unwillingness to provide protection, camps are often administered by the United Nations High Commissioner for Refugees (UNHCR) and its implementing partners. When a violation occurs in these situations, to which actors shall responsibility be allocated? Through an analysis of the International Law Commission’s work on international responsibility, Maja Janmyr argues that the ‘primary’ responsibility of states does not exclude the responsibilities of other actors. Using the example of Uganda, Janmyr questions the general assumption that ‘unable and unwilling’ is the same as ‘unable or unwilling’, and argues for the necessity of distinguishing between these two scenarios. Doing so leads to different conclusions in terms of responsibility for the state, and therefore for UNHCR and its implementing partners.

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  • Martin, D.A. (ed.), Forced Migration Law and Policy, St. Paul, West, 2013.

    Martin, D.A. (et al.), Forced Migration Law and Policy, St. Paul, West, 2013

    Forced Migration: Law and Policy, 2nd edition, addresses the legal framework and policy issues raised by asylum seekers, refugees, internally displaced persons, and other forced migrants. It includes new materials on detention policies, expedited procedures, firm resettlement, fact-finding in the asylum process, gender-related persecution, maritime interdiction, particular social group, terrorism bars, the Convention Against Torture, and many other topics. The principal focus of this casebook is U.S. law and policy, but it also includes a wealth of comparative materials from many countries and regional organizations.

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  • Belorgey, J.-M., Le Droit d'Asile, Paris, LGDJ-Lextenso, 2013. Showcase item

    Belorgey, J.-M., Le Droit d'Asile, Paris, LGDJ-Lextenso, 2013.
    La prolifération des règles et la complexité des procédures gouvernant l accès des demandeurs d asile à une protection rendent aujourd hui cette matière difficile à appréhender. La crainte d un afflux massif de demandes, d un contournement aussi par cette voie des efforts de maîtrise des autres mouvements migratoires contribue en outre à obscurcir le débat public. Cet ouvrage retrace l émergence du droit international de l asile, analyse les stratégies de plusieurs pays européens, ainsi que celles de l Union européenne en vue de la mise en oeuvre d un « droit commun de l asile ». Il décrit ensuite le parcours que doit suivre un demandeur d asile, et les droits qui s attachent à la reconnaissance de la qualité de réfugié. Il s attache enfin à analyser les conditions dans lesquelles sont évalués les mérites des demandes d asile, ce qui est, on l omet souvent, une question de qualification juridique des faits, puisqu elle gouverne la reconnaissance d un droit, mais une question à laquelle les dimensions psychologiques, anthropologiques, géopolitiques, linguistiques de l exercice conduit prêtent des contours inédits. C est une des premières tentatives de cet ordre.
     
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  • Islam, R. and J.H. Bhuiyan (eds.), An Introduction to International Refugee Law, Leiden, Nijhoff, 2013.

    Islam, R. and J.H. Bhuiyan (eds.), An Introduction to International Refugee Law, Leiden, Nijhoff, 2013.

    The book is designed to provide an overview of the development, meaning, and nature of international refugee law. The jurisprudence on the status of refugees, loss and denial of the refugees status, non-refoulement, asylum, problems and challenges of refugee protection, the law of return and the right of return, critical refugees and immigration law, and the role of international organizations in protection of refugees are revisited in the context of contemporary realities. The relationship between armed conflict, climate change, and human right violations induced refugees and the existing international refugee regime emerging will be succinctly highlighted and analysed in the book. This lucidly written and timely book will be immensely helpful to anyone grappling with the demonstrated inadequacies of international refugee law in real life situations today and desirous of the reorientation of its meaning and scope to cater for the changing needs and shared expectation of the international community in the 21st century.

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  • Juss, S.S. and C. Harvey (eds.), Contemporary Issues in Refugee Law, Cheltenham, Elgar, 2013.

    contemporary-issues-in-refugee-law

    Refugee law is going through momentous times, as dictatorships tumble, revolutions simmer and the ‘Arab Awakening’ gives way to the spread of terror from Syria to the Sahel in Africa. This compilation of topical chapters, by some of the leading scholars in the field, covers major themes of rights, security, the UNHCR, international humanitarianism and state interests and sets out to map new contours.

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  • Simeon, J.C. (ed.), The UNHCR and the Supervision of International Refugee Law, Cambridge, Cambridge University Press, 2013.

    Simeon, J.C. (ed.), The UNHCR and the Supervision of International Refugee Law, Cambridge, Cambridge University Press, 2013.

    The 1951 Convention relating to the Status of Refugees, and its 1967 Protocol, and many other important international instruments recognize the unique role the UNHCR plays in protecting refugees and supervising international refugee law. This in-depth analysis of the UNHCR’s supervisory role in the international refugee protection regime examines the part played by key institutions, organizations and actors in the supervision of international refugee law. It provides suggestions and recommendations on how the UNHCR’s supervisory role can be strengthened to ensure greater State Parties’ compliance to their obligations under these international refugee rights treaties, and contributes to enhancing the international protection of refugees and to the promotion of a democratic global governance of the international refugee protection regime.

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  • Lambert, H. (et al.) (eds.), The Global Reach of European Refugee Law, Cambridge, Cambridge University Press, 2013.

    Lambert, H. (et al.) (eds.), The Global Reach of European Refugee Law, Cambridge, Cambridge University Press, 2013.

    Europe has the most advanced regional protection regime in the world. The predicted impact of this body of norms, including the new Common European Asylum System, has been widely identified as one that will have a ‘ripple effect’ beyond the EU. However, very few studies have noted the fact that this regime has already influenced the law and practice of states around the world, for some time. The purpose of this book is to gather evidence that emulation is happening (if it is), to explore the extent and identify the processes through which it is happening, and to examine the implications of these findings. A review of seven case studies reveals all but one of these cases provides clear evidence of emulation at some point in time. The EU protection regime, which has been most influenced by the European Court of Human Rights, is ‘naturally’ evolving transnationally and spreading internationally.

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  • Singh Juss, S. (ed.), The Ashgate Research Companion to Migration Law, Theory and Policy, Farnham, Ashgate, 2013.

    Singh Juss, S. (ed.), The Ashgate Research Companion to Migration Law, Theory and Policy, Farnham, Ashgate, 2013.

    The Ashgate Research Companion to Migration Law, Theory and Policy complements the already successful Ashgate series Law & Migration, established in 2006 which now has a number of well-regarded monographs to its credit. The purpose of this Companion is to augment that Series, by taking stock of the current state of literature on migration law, theory and policy, and to sketch out the contours of its future long-term development, in what is now a vastly expanded research agenda. The Companion provides readers with a definitive and dependable state-of-art review of current research in each of the chosen areas that is all-embracing and all-inclusive of its subject-matter. The chapters focus on the regional and the sub-regional, as well as the national and the global. In so doing, they aim to give a snap-shot that is contextual, coherent, and comprehensive. The contributors are both world-renowned scholars and newer voices and include scholars, practitioners, former judges and researchers and policy-makers who are currently working for international organisations.

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  • Bradley, M., Refugee Repatriation: Justice, Responsibility and Redress, New York, Cambridge University Press, 2013.

    Bradley, M., Refugee Repatriation Justice, Responsibility and Redress, New York, Cambridge University Press, 2013.

    Voluntary repatriation is now the predominant solution to refugee crises, yet the responsibilities states of origin bear towards their repatriating citizens are under-examined. Through a combination of legal and moral analysis and case studies of the troubled repatriation movements to Guatemala, Bosnia and Mozambique, Megan Bradley develops and refines an original account of the minimum conditions of a ‘just return’ process. The goal of a just return process must be to recast a new relationship of rights and duties between the state and its returning citizens, and the conditions of just return match the core duties states should provide for all their citizens: equal, effective protection for security and basic human rights, including accountability for violations of these rights. This volume evaluates the ways in which different forms of redress such as restitution and compensation may help enable just returns, and traces the emergence and evolution of international norms on redress for refugees.

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  • Datta, A., Refugees and Borders in South Asia: the Great Exodus of 1971, London, Routledge, 2013.

    Datta, A., Refugees and Borders in South Asia: the Great Exodus of 1971, London, Routledge, 2013.

    The crisis in East Pakistan in 1971, which preceded the birth of Bangladesh, led to ten million refugees crossing the border into India. This book argues that this massive influx of refugees within a few short months changed ideas about citizenship and belonging in South Asia. The book looks at how the Indian state, while generously keeping its borders open to the refugees, made it clear that these refugees were different from those generated by Partition, and would not be allowed to settle permanently. It discusses how the state was breaking its ‘effective’ link between refugees and citizenship, and how at the same time a second ‘affective’ border was developing between those living in the border areas, especially in Assam and West Bengal. Moving beyond the refugee narratives created by Partition, this book argues that these ‘effective’ and ‘affective’ borders generated by the refugee crisis in 1971 form part of the longer historical trajectory of the current political debate regarding ‘illegal infiltration’ from Bangladesh . It goes on to analyse the aftermath of the 1971 war and the massive repatriation project undertaken by the governments of India, Pakistan and Bangladesh to examine ways in which questions about minorities and belonging remained unresolved post-1971. The book is an interesting contribution to the history of refugees, border-making and 1971 in South Asia, as well as to studies in politics and international relations.

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  • Thakur, R.C., International Human Rights of Refugees: A Factual Analysis, New Delhi, Cyber Tech Publications, 2013.

    Thakur, R.C., International Human Rights of Refugees: A Factual Analysis, New Delhi, Cyber Tech Publications, 2013.

    Contents: Preface. 1. Understanding refugee. 2. United Nations High Commissioner for refugees. 3. Immigration detention. 4. Refugees in South Asia. 5. International refugee organization: constitutional and provisions. 6. Repatriation aid and temporary protection. 7. convention on the reduction of statelessness. 8. Protocol relating to status of refugees 1967. 9. Convention relating to the status of refugees. 10. Aliens migrants and refugees. Appendix. Bibliography. Index.

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  • Beyani, C., Protection of the Right to Seek and Obtain Asylum under African Human Rights System, Leiden, Nijhoff, 2013.

    Protection of the Right to Seek and Obtain Asylum under the African Human Rights System, Leiden, Nijhoff, 2013

    The use of international human rights machinery to protect refugees has acquired an important dimension in recent years. This is true of both the United Nations treaty body system and the African, European and Inter-American regional systems of of human rights. The result is a dynamic international invigoration of traditional refugee law that, in contradistinction, tends to be applied at the level of national courts and tribunals. Yet the precise role of human rights in the protection of refugees is sometimes viewed with suspicion and uncertainty. This Commentary provides a valuable insight into the use of human rights in the protection of refugees through the prism of the African Human Rights System.

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Database

Max Planck Encyclopedia: a comprehensive analytical resource containing articles on the subject of refugees:

Blogs

  • International Refugee Law blog series I: Exclusion of Refugee Status: The Criminal Refugee

    In the western world it is possible you live next to a war criminal, or your child might be playing with the daughter of a war criminal at school. It is also possible to live there without a real prospect of obtaining a form of legal status and without being held criminally responsible for the alleged crime. Who are these people living in legal limbo? why are they still here? The exclusion of refugee status (1F Refugee Convention) and its consequences will be dealt with in this blog.

    Read more

International organisations

Europe

Research and academia

Blogs and commentary on immigration law and immigration issues

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In the Spotlight:

Migreurop, a critical chronology of European Migration Policies through a time-framed comparison of the evolution of the legal framework, the public discourse and the facts.

Multimedia:

 Statistics:

The 2012 edition of UNHCR’s Statistical Yearbook has been published. Some of the main findings include:

- “By end-2012, 45.2 million people were forcibly displaced worldwide as a result of persecution, conflict, generalized violence, and/or human rights violations. Some 15.4 million people were refugees, 10.5 million under UNHCR’s mandate and 4.9 million Palestinian refugees registered by UNRWA.”

- “By the end of 2012, the total population of concern to UNHCR was estimated at 35.8 million people.” Broken down, this figure includes: “10.5 million refugees; 928,200 asylum-seekers; 526,000 refugees who had repatriated during 2012; 17.7 million IDPs protected or assisted by UNHCR; 1.5 million IDPs who had returned to their place of origin in 2012; 3.3 million stateless persons; & 1.3 million others of concern.”

- The top five receiving countries for asylum applications were South Africa, the US, Germany, France & Sweden.

- The top five countries of origin for asylum applications were DRC, Afghanistan, Syria, Pakistan & Eritrea.

- “Refugee status based on the 1951 Convention was granted in 30 per cent of decisions in 2012.”

- The top five refugee-hosting countries were Pakistan, Iran, Germany, Kenya and Syria.

- The top five refugee-producing countries were Afghanistan, Somalia, Iraq, Syria and Sudan.

See also: UNHCR Asylum Trends 2013

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