March 14, 2011
Chatham House
Abstract:
• The protection of asylum-seekers in Europe is dealt with under three principal bodies of law: the UN Convention Relating to the Status of Refugees of 1951, the law of the European Union and the soft law developed by the Council of Europe.
• Member states of the Council of Europe are also bound by the judgments of the European Convention on Human Rights; although the convention makes no reference to refugee protection, its provisions and the judgments of its court in Strasbourg impose important obligations on states in respect of asylum.
• The entry into force of the Amsterdam Treaty in 1999 initiated the first phase of the creation of the Common European Asylum System (CEAS), which aimed to harmonize refugee protection among member states while enabling them to meet their international obligations in that respect.
• The harmonizing measures adopted by the EU have been subject to severe criticism and the practices of member states reveal a systemic failure to comply with international refugee protection obligations.
• While there have been improvements in European refugee policy, significant challenges must be
addressed before Europe can regain its reputation as a champion of the rights of the refugee. This is given particular urgency by recent events in North Africa, which may lead to large numbers of persons fleeing violence and disorder....
February 24, 2011
International Peace Research Institute, Oslo
Abstract:
This handbook is intended to serve as a document that provides relevant information on issues that external actors who interact with diasporas in development and peacebuilding will encounter. It does not present simple replicable techniques, tools or instruments; rather, the authors aim to explain the underlying philosophy and aspects of process involved in facilitating participation of diasporas in development and peacebuilding (Pretty et al., 1995: ii). How to best apply these principles will vary from context to context. The document is based on experiences with various diaspora communities in the five European countries (Finland, Germany, Italy, the Netherlands and Norway), though many of the examples cited focus on the Somali diaspora and, more generally, on diasporas originating from Africa. A number of those experiences are described in detail in separate text boxes....
February 24, 2011
British Journal of Politics and International Relations
Abstract:
This article addresses the management of unauthorised migration from Africa to Europe. We
review eight policy measures and explore how they relate to prominent policy narratives, centred on
security, co-operation and protection of migrants. We also examine the specific mechanisms through
which the policy measures function: direct control, deterrence and dissuasion. Analysis of policy
narratives helps explain the ascendance of externalised migration control, such as pre-border
patrolling. Furthermore, our analysis shows how the narrative of protection can be aligned with
direct control measures and constitute a double-edged sword for migrants. The text focuses on
maritime migration from West Africa to Spain’s Canary Islands. We draw in part on ethnographic
data from fieldwork in Senegal in order to assess the impact of specific measures on the target
population of prospective migrants....
November 15, 2010
Amnesty International
Abstract:
This report compiles the latest evidence of European countries' complicity in the CIA's programmes in the context of the fight against terrorism in the aftermath of the 11 September 2001 attacks in the USA.
"The EU has utterly failed to hold member states accountable for the abuses they've committed," said Nicolas Beger, Director of Amnesty International's European Institutions Office.
"These abuses occurred on European soil. We simply can't allow Europe to join the US in becoming an 'accountability-free' zone. The tide is slowly turning with some countries starting investigations but much more needs to be done." Intergovernmental organizations such as the Council of Europe, the European Union and the UN have been at the forefront of investigating human rights violations associated with the CIA rendition and secret detention programmes.
Following disclosures in their reports, inquiries into state complicity or legal processes aimed at individual responsibility took place or are currently in progress in countries such as Germany, Italy, Lithuania, Macedonia, Poland, Romania, Sweden and the United Kingdom....
April 13, 2010
Campaign for Innocent Victims in Conflict
Abstract:
Afghan civilians deserve amends from warring parties for deaths, injuries, and property
losses—that is, some form of recognition and monetary compensation. Under international
law and agreements signed with the Afghan government, the troop contributing nations
(TCNs) of the International Security Assistance Force (ISAF) are not liable for damage to
civilian property or civilian injury or death as a result of lawful operations. However, most
ISAF members now offer payments when such losses occur. This is a marked improvement
from the early days of the conflict when the US and its NATO allies declined to address civilian
harm. CIVIC’s research into the experiences of ISAF troops and Afghan civilians demonstrates that
when international military forces provide payment (henceforth called “compensation” to
indicate both monetary and in-kind help), especially combined with an apology for harm,
civilian hostility toward international forces decreases. However, the effectiveness of these
payments has been limited by the lack of uniform policies across ISAF nations, limited information
gathering about civilian harm generally and, in many cases, insensitive requirements
that civilians suffering losses take the initiative to file claims.
This report describes the policies and practices of major ISAF TCNs. It finds that soldiers as
well as civilians view amends for harm favorably. The process of investigation, negotiation
of payment, and offers of formal compensation are opportunities to strengthen relationships
with local leaders and communities, to explain what happened, and acknowledge loss....