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- All Subjects: Human Rights
- Creators: Klimek, Barbara
Description
Protracted Refugee Situations (PRS) are of serious concern due to their adverse impacts on human rights and stability in host countries. This thesis profiles three, so-called, durable solutions for refugees: local integration, third country resettlement, and voluntary repatriation. However, refugees living in PRS are not given any durable solutions, and they remain confined to refugee camps while the conflicts that forced them from their homelands continue. Refugees usually find themselves in PRS as a result of the restrictive policies of the country in which they have sought refuge. These conditions not only deprive refugees of basic human rights, but act as catalysts for political violence, insurgency, and radicalization. This thesis examines, in detail, one such case: Nahr al-Bared, a Palestinian refugee camp in Lebanon where refugees have been living in PRS for decades due to stringent refugee policies that contributed to violent clashes that took place in May 2007. The denial of human rights for Palestinians in Lebanon has effectively marginalized already disempowered refugee populations, thereby increasing the likelihood of instability and radicalization. The denial of rights, a lack of opportunities, and confinement to the poor conditions of the refugee camp, are driving forces of political violence and militant rhetoric. This situation can endanger the refugee host country as well as the refugees, who are civilians in need of international protection. Therefore, there is a strong connection between the inclusion of rights for refugee populations in a host country, and peace and security. The case of Palestinians in Lebanon is examined as a microcosm of the notion that human rights and state security are interdependent. Recognition of this interdependence necessitates a paradigm shift in perspectives and policies of international refugee protection and state security, from regarding PRS as an indefinite state of emergency to be contained, to acknowledgment that the indefinite duty to protect refugees in protracted situations simultaneously serves the host country's security concerns.
ContributorsBeydoun, Rema-Therese (Author) / Klimek, Barbara (Thesis advisor) / Casper, Monica (Committee member) / Koptiuch, Kristin (Committee member) / Arizona State University (Publisher)
Created2010
Description
The asylum seeking process in the United States is arbitrary in nature, many aspects of which have been well documented. The legal process rests the burden of proof upon the asylum seeker to demonstrate he or she is truly fleeing persecution to a legal system where asylum seekers are not eligible for free representation. This contributes to a lower rate of success and an uncertain future, due to the limited or no access to employment, education, and health benefits, within the country in which they seek asylum. However, the academic literature pertaining to the repatriation process of the failed asylum seeker in the United States remains relatively unexplored. Consequently, the true failure rate remains unknown. This paper contends that genuine asylum seekers may fall through the cracks, unable to show evidence of their persecution. Thus, repatriations result in a dual victimization of the failed asylum seeker resulting in situations where a genuine case can be exposed to the very same dangers he or she fled in the first place. This is a grave violation of their human rights and the principle of Non-refoulement.
Therefore, this paper argues the theory of the Marginalized Other in Human Rights Law (Simmons 2011) can be extended to the repatriations process of failed asylum seekers in the United States. Using secondary data and reports this thesis breaks down the repatriations process into three components in order to demonstrate how the failed asylum seeker is treated as a Marginalized Other during each point of contact. By addressing the victimization that occurs during the repatriations process this paper concludes the threat posed to the human rights of failed asylum seekers can be minimized.
Therefore, this paper argues the theory of the Marginalized Other in Human Rights Law (Simmons 2011) can be extended to the repatriations process of failed asylum seekers in the United States. Using secondary data and reports this thesis breaks down the repatriations process into three components in order to demonstrate how the failed asylum seeker is treated as a Marginalized Other during each point of contact. By addressing the victimization that occurs during the repatriations process this paper concludes the threat posed to the human rights of failed asylum seekers can be minimized.
ContributorsWeerawardena, Sachini Ruwangee (Author) / Cruz, Evelyn H. (Thesis advisor) / Klimek, Barbara (Committee member) / Murphy Erfani, Julie (Committee member) / Forrest, Michael (Committee member) / Arizona State University (Publisher)
Created2016