Humanitarian Protection Advocacy in East Asia: Charting a Path Forward

In this article, I make the following three-part argument. Firstly, I claim that despite the fact that a far greater number of asylum-seekers in Japan, Korea, and Mainland China receive humanitarian protection status than receive refugee status, legal advocacy regarding asylum in East Asia disproportionately focuses on refugee law and policy. Secondly, I argue that by neglecting a potentially productive advocacy framework, this disproportionate focus on refugee law has deleterious consequences for the development of robust and humane asylum systems in the region and for the provision of asylum protection to the greatest number of individuals. Thirdly, I assert that international law provides tools for effective humanitarian protection-based advocacy, and outline four avenues for legal advocacy that I believe can lay the groundwork for progressive reforms of humanitarian protection law and policy in East Asia

Refugees, Internally Displaced Persons, And International Humanitarian Law

The fact that war is the primary cause of people being uprooted prompts us to ask what protection the law of armed conflict affords refugees and displaced persons. How does humanitarian law protect groups of civilians from being forced to flee? What protection does it offer those who have nevertheless been uprooted, and how does that protection interrelate with refugee law? How can the Red Cross and Red Crescent organizations, in particular the International Committee of the Red Cross (“ICRC”), come to the aid of refugees and displaced persons? These are the questions this Article aims to answer. First, however, let us recall what international humanitarian law is

Humanitarian Action and Military Intervention: Temptations and Possibilities.

Although the war in Liberia in July 2003 claimed hundreds of lives, the international community was reluctant to intervene. In this article, the author debates the question: does international military intervention equal protection of populations? The role of humanitarian organisations in military intervention is considered. Aid organisations cannot call for deployment of a protection force without renouncing their autonomy or appealing to references outside their own practices. Such organisations provide victims with vital assistance and contribute to ensuring that their fate becomes a stake in political debate by exposing the violence that engulfs them, without substituting their own voices for those of the victims. The political content of humanitarian action is also outlined and military intervention in the context of genocide is discussed. The author concludes that the latter is one of the rare situations in which humanitarian actors can consider calling for an armed intervention without renouncing their own logic

Feasibility Study: Social Protection in South Central Somalia

In recent years, there has been a growing recognition by policy makers and the international development community that longer-term social protection programming has the potential to reduce poverty and inequality and serve as a foundation upon which, viable livelihoods can be built. In many countries, specially those that are frequently affected by climatic and conflict hazards, this has led to calls for a shift in approach away from interventions thatsimply address the symptoms of household vulnerability towards those which deal with the causes. For more than two decades Somalia has lurched from one humanitarian crisis to another. This debate around the potential of social protection is therefore particularly acute, as years of humanitarian programming seem to have had little impact on increasing household resilience to shocks. Furthermore, the country still ranks 165 out of the 170 countries included in the UN's Human Development Index, and number one on the US Fund for Peace 'Failed State Index'.A consortium of agencies working in Somalia commissioned this study: Adeso, ACF, DRC and Save the Children. The study is intended to further the discussion on the rationale and practicalities of social protection in South Central Somalia, and to serve as a starting point for the debate around moving away from short-term responses towards longer-term social protection interventions by these agencies, and others.The report comprises six parts: Part 1 describes the political economy in South Central Somalia and highlights some key challengesfor humanitarian actors; Part 2 defines the general concept of social protection and looks at the global evidence of the impact of social protection; Part 3 looks at social protection programs in African countries (particularly those in the Somalia region), and also in fragile states; Part 4 looks at current social protection mechanisms in South Central Somalia; Part 5 describes the actions that are currently needed before humanitarian programming can become predictable, and Part 6 summarizes the way forward, including recommendations and the conclusions from the study

Dilemmas in providing humanitarian intervention in ethnic conflict: a thesis presented in partial fulfilment of the requirements for the degree of Master of Philosophy in Development Studies

This thesis explores the difficulties of providing humanitarian assistance in ethnic conflict situations, explaining the problems and offering suggestions to mitigate the consequences. Ethnic conflicts are complex situations that result from and exacerbate uneven development, political instability, social inequality and poverty. Humanitarian intervention has evolved to become as complex as the conflict itself. Humanitarian agencies are increasing in number and diversification, expanding their capacity to address emergency situations. As a consequence, the repercussions of assistance have also increased and the exploitation of aid by warring parties and the creation of dependency have become central concerns. The commitment of political institutions is important for the success of humanitarian intervention yet it often remains in doubt. Unwillingness to be involved in the problems of another state or region has minimal appeal where no national security issues are at stake. The tendency to misinterpret or obfuscate the causes and processes of conflict has compromised the capability of political actors to address the conflict and its consequences. The conflicts in Rwanda, Bosnia and the Solomon Islands illustrated the multifarious problems associated with humanitarian assistance and the subsequent consequences. It is suggested the capability of humanitarian intervention in the future relies on its re-evaluation in an effort to deal with the specific aspects of the given conflict and minimise the inappropriate allocation of aid. Furthermore, reform of the processes of development in conflict and post-conflict situations is required in an effort to bolster the resilience of recipient populations to the processes conducive to conflict. The support and commitment from political actors also remains critical for the success of humanitarian intervention. The need for early assessment and pre-emptive or reconciliatory diplomacy are key objectives yet must be backed by military capabilities necessary for the protection of the providers and the beneficiaries of relief aid

The role of the Russian Federation in the Pridnestrovian conflict: an international humanitarian law perspective

Pridnestrovie, a de facto state within the territory of the Republic of Moldova, declared itself independent in September 1990, a declaration that was followed by an armed conflict between Moldova and Pridnestrovie in 1992. To date no settlement has been achieved between the conflicting parties. The situation is complicated by the fact that the Soviet Union and subsequently the Russian Federation has been involved in the conflict in various ways. This article seeks to analyse the conflict from an international humanitarian law perspective. The involvement of the Soviet Union and the Russian Federation in the conflict is of great significance because third-party involvement, depending on the level of involvement, has the potential to change the categorisation of a conflict from a non-international armed conflict to an international armed conflict. This in turn impacts on the number and nature of international humanitarian law provisions applicable to the conflict situation. As international humanitarian law provides protection to those fighting in and those caught up in a conflict, it is important to investigate which international humanitarian law provisions could be applicable. The article offers an assessment of the categorisation of the Pridnestrovian conflict, focusing on the role of the Soviet Union and Russian Federation, and the consequent implications for the application of international humanitarian law

Australia's Humanitarian Program: a quick guide to the statistics since 1947

Includes humanitarian entrant estimates between 1947–48 and 1976–77 and Humanitarian Program visa grants since 1977–78. Summary Australia has a long history of accepting refugees and other humanitarian entrants from all parts of the globe, including those in need of assistance during and immediately after World War II. Since 1945, when the first  federal immigration  portfolio was established to administer Australia’ s post - war migration program, over  80 0,000 refugees and displaced persons have settled in Australia . However, it was not until Indochinese asylum seekers, fleeing conflict during the Vietnam War, began to arrive by boat that the Australian Government developed a specific refugee policy. Australia’ s first planned Humanitarian Program designed to deal with refugee and humanitarian issues, including the determination of onshore protection claims, was subsequently established by the Fraser Government in 1977. Since then, permanent migrants  have entered Australia via one of two distinct programs — the Migration Program for skilled and family migrants or the Humanitarian Program for refugees and those in refugee - like  situations. The Australian Government allocates places, or quotas, each year for people wanting to migrate permanently to Australia under these two programs. Annual statistics on Migration and Humanitarian Program ‘outcomes’ (visa grants) published by the Immigration Department since the 1970s, provide the most accurate source of data on the number of people granted visas to migrate to Australia. It is important to understand that there are two main components of Australia’s Humanitarian Program — offshore and onshore:  • the offshore component of the Humanitarian Program offers resettlement in Australia to refugees and humanitarian entrants from overseas under two categories. Most offshore refugees are referred to Australia by the United Nations High Commissioner for Refugees (UNHCR) and are formally accepted and resettled under the ‘Refugee’ category. These entrants have been assessed and accepted as refugees under Refugee Convention criteria. The Special Humanitarian Program (SHP) also offers resettlement to those offshore who, while not necessarily being refugees, face human rights abuses in their home country and have a connection with Australia. Applicants must have a sponsor (e.g. a permanent resident, Australian citizen or organisation).  Applications from family members of people already in Australia are referred to as ‘split family’. • the onshore component  of the Humanitarian Program  offers protection to people who have arrived in  Australia, lodged an asylum claim, and been granted protection. Onshore humanitarian entrants may have  been found to be refugees under Refugee Convention criteria or may otherwise engage Australia’s protection  obligations under other  human rights conventions

Humanitarian Visas: Option or obligation?. CEPS Liberty and Security in Europe No. 68, 27 October 2014

Third-country nationals seeking protection have no EU-wide legal channels at present for entering EU territory and triggering protection mechanisms under the Common European Asylum System. As a result, many embark on hazardous journeys, with concomitant risks and loss of human life. The absence of ‘protection-sensitive’ mechanisms for accessing EU territory, along with EU external and extraterritorial border and migration management and control, undermine Member States' refugee and human rights obligations. Humanitarian visas may offer a remedy in this regard by enabling third-country nationals to apply in situ for entry to EU territory on humanitarian grounds or because of international obligations. This study asks whether the existing Visa Code actually obliges Member States to issue humanitarian visas. It also examines past implementation of humanitarian visa schemes by Member States and considers whether more could be done to encourage them to make use of existing provisions in EU law. Finally, with a Commission proposal for Visa Code reform on the table, it asks whether there is now an opportunity to lay down clear rules for humanitarian visa schemes

Nepal Earthquake Humanitarian Situation Report: Three Months Review

This report discusses the current humanitarian situation in Nepal. Three months after the two major earthquakes affected 2.8 million Nepalese lives, 1.1 million children are still in need of vital humanitarian assistance. Three months after the devastating earthquakes of 25 April and 12 May which struck Nepal, the overall humanitarian situation has improved. The frequency of aftershocks has decreased and several countries have lifted their travel restrictions to Nepal. On 22 June, the Government of Nepal also declared an end to the emergency phase and a shift from humanitarian response to recovery. These recovery and reconstruction efforts are guided by the findings of the Government-led Post Disaster Needs Assessment (PDNA) and supported by the International Conference on Nepal's Reconstruction on 25 June where the international community pledged two-thirds ($4.4 billion) of the$6.7 billion appeal by the Government. The total financial losses from the earthquakes is estimated as $7.06 billion according to the PDNA findings.Despite these advancements, over 5.2 million people live in the 31 districts that have been affected out of which 2.8 million people who live in the 14 most affected districts are still in need of vital humanitarian assistance1. Of this population, an estimated 1.1 million (40 percent) are children. Shelter, food and livelihood support, medical care, sanitation and hygiene, education, nutrition supplements and protection remain as key humanitarian needs. As of mid-July, the number of casualties reached 8,8972 people of which 30 per cent are children3, and 22,310 people have been injured.The situation is projected to worsen with the impact from the monsoon which began mid-June. The heavy monsoon rains will add complexities to the existing needs and to the already challenging logistical access to remote districts, potentially delaying the post-earthquake recovery process. Indeed an estimated 90 per cent of the earthquake-affected population is living in areas which are at high risk of landslides and floods. Over 5,600 landslides were observed after the 25 April earthquake, which is much higher than the total number of landslides reported in the past five years combined

Between NATO and UN : EU strategic culture and its approach to civil-military cooperation

The European Union's approach to civil-military cooperation (CIMIC) in crisis response incorporates two different perspectives. The EU’s official concept is shaped after NATO's military-centred vision and is subordinated to the achievement of military goals. However, the application of CIMIC in EU-led crisis response resembles the UN civilian-centred approach, aiming at supporting civilian environment and protection of humanitarian space. This article discusses this complex nature of the EU's approach to CIMIC in the context of the Union’s strategic culture