UNHCR and international refugee protection

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The evolution of the temporary protection visa regime in Australia

While the Temporary Protection Visa (TPV) regime was formally introduced in October 1999 by the Howard Government, the concept of temporary protection was not totally alien to the Australian humanitarian landscape. Earlier examples reflected a standard use of temporary protection as a complementary or interim protection mechanism, offering short-term group-based protection where individual assessment under the 1951 Convention was both impractical and untimely. This paper focuses on the wider and more controversial changes in the use of temporary protection mechanisms that were to follow with the introduction of the TPV in 1999, which offered substitute protection for individually assessed Convention refugees who had arrived onshore without valid travel documents. It examines the history and evolution of the TPV policy regime from 1999 to the announcement of its abolition in 2008, arguing that the introduction and subsequent development of the policy may be understood as a product of a conservative, exclusionist political climate in Australia, following the unprecedented impact of the populist One Nation party in 1998, and later, the impact of September 11th. It also examines later amendments to the regime as a response to growing domestic disquiet about the impacts of the policy, and the abolition of the TPV policy under a new Australian government elected in late 2007.<br /

Women’s right to asylum: Protecting the rights of female asylum seekers in Europe?

Criticisms have been made against international laws and conventions on asylum and refugees, arguing that these have been based on a male model of definition, which have ignored women’s persecutions. This article will argue that recent developments in European asylum policy have the potential to deepen this discrimination and to further reduce the rights of female asylum seekers. Although there have been some positive developments in jurisprudence that have recognised that gender-specific persecution may be the basis for granting asylum, these advances remain relatively sporadic and are undermined by the operation of random and discretionary exercises of power by bureaucrats and decision makers in many cases. Further, although new developments in asylum policy are in theory “gender neutral,” differences in the material circumstances of men and women who arrive to seek asylum may mean in effect that the implications of these policies are deeply gendered

Turning the tide: recognising climate change refugees in international law

Many of the debates surrounding the environmental, social, and economic implications of climate change are now well known. However, there is increasing concern over the extent to which those suffering displacement or forced migration as a result of climate change are protected. This article seeks to highlight the plight of such individuals and suggests how the current protection gap might be remedied. Present legal structures, such as the Refugee Convention and the framework for Internally Displaced Persons (IDPs), prove largely inadequate having been constructed for different purposes and being limited in their application. The alternative proposed in this article is a regionally oriented regime operating under the auspices of the UN Climate Change Framework. While both the Climate Change Convention and the Kyoto Protocol currently call for regional cooperation in respect of adaptation activities, it is argued there should be an explicit recognition of so-called climate change refugees in the post-Kyoto agreement that allows for, and facilitates, the development of regional programs to address the problem. Employing such a strategy would remedy the current protection gap that exists within the international legal system, while allowing states to respond and engage with climate change displacement in the most regionally appropriate manner