Key Messages
Exploring The Laws And Regulations Governing Refugee Crises Throughout History
If you want to understand the laws that regulate and affect refugees, then you have to look at the history of nation-states and their boundaries.
With the emergence of modern nation-states, laws determine how and who can cross the borders – and this affects how refugees are granted legal status in a new country.
By studying these regulations, you can gain a better insight into why there were 9.5 million refugees in Europe in 1926, how the Haitian refugee crisis in the 1980s shaped future policies towards denying asylum and what lessons we can learn from Canada’s policies when it comes to refugee legislation.
These sections will explore how certain regulations have come into being and what their consequences have been up until today’s present day societies; while also looking ahead into potential solutions for an ever-growing challenge.
Hannah Arendt’s Reflections On Immigration And The Universal Right To Human Rights
Hannah Arendt’s story of her own journey as a refugee, dating back to the 1930s, continues to resonate with modern refugees.
The turmoil and upheaval of World War I saw 9.5 million people displaced across Europe by 1926, due to the rapid redrawing of borders and cruel violence committed by Turks against Armenians.
Furthermore, those years also marked the rise of nationalism throughout Europe; the Nazi Party used anti-Semitic laws and rhetoric to drive 25,000 people out of Germany including Arendt.
This was especially dangerous for those seeking material assistance outside their homeland as these provisions were increasingly treated in a very exclusive manner and seen as a typically ‘national’ form of help.
Arendt’s experiences are still highly relevant today because they speak directly to a fundamental conflict between the rights granted by citizenship and universal human rights.
As soon as refugees cross into another state, they have limited options when it comes to expecting representation or even humanity.
Many must request asylum in order to be perceived as anything other than unwanted outsiders or threats – something that many modern refugees can relate to all too well!
In The Origins of Totalitarianism (published 1951), Hannah Arendt campaigned – fiercely but respectfully – for the understanding that basic decency is owed on a fundamental level regardless of our nationhood; no matter where we stand, nobody should be denied their right to real moral aid when faced with extreme duress.
Several decades later her message is still potent, inspiring collective empathy so that everyone may be supported regardless od wherever we reside temporarily or permanently.
The Evolution Of Human Rights Versus Citizens’ Rights In The Twentieth Century: The Case Of The Haitian Refugee Crisis
The American response to Haitian refugees serves as an example of how refugee policy has evolved in the twentieth century.
25,000 Haitians had arrived by boat in Florida trying to flee from the violent dictatorship of presidents Doc Duvalier and his son Baby Doc Duvalier only for their efforts to be shut down by the Ronald Reagan administration.
This practice, called interdiction, was highly controversial as it was a violation of the 1951 UN Refugee Convention which kept refugees safe from being sent back when life-threatening situations were present.
Critics argued that racism caused this policy as the administrations treated primarily Cuban refugees with more favorable immigration services while Haitians were left without rights or recognition.
To counteract this issue, interviews were conducted on Coast Guard ships to determine who would be granted asylum and who would return.
Guantanamo Bay made this process much easier – its legal jurisdiction is clouded by being leased from Cuba though under US control – it lacks basic rights for captives yet leads to little action taken by those in power due of this confusion.
It took until lawyers and politicians came to their aid for a solution; but even then it was too late as US Supreme Court had already declared that UN Refugee Convention does not apply beyond US borders.
Mohammad Al Ghazzi’s Story Demonstrates The Harsh Realities Of Attempting Asylum And The Injustice Of Australia’s Refugee Policies
Mohammad Al Ghazzi’s story is unfortunately not unique in that regard.
All too often, refugees like him face harsh treatment and conditions when they arrive in a new country and are treated as criminals.
Al Ghazzi had to flee Iraq due to his brother’s involvement with the Islamic Dawa Party, which opposed Saddam Hussein’s regime at the time.
In search of asylum, he flew to Malaysia where smugglers offered passage to Australia via boat – a deal that almost cost him his life during the long journey over the Indian Ocean.
Once he arrived at Australia’s Christmas Island, he was taken to the Curtin Detention Center where refugees were subjected to hours of heat without access to lawyers or contact with the outside world.
Detainees became so desperate that they resorted to hunger strikes and even sewing their mouth shut to protest their mistreatment before any of their asylum claims would be processed.
Australia had some of the most draconian laws toward refugees in place between 1992 and 2005, holding them in detention for longer than serious criminals would be kept.
This trend was brought up by historian Hannah Arendt more than 50 years ago, who commented that since criminals still hold some rights as citizens of a country, they’re actually treated better than refugees who have no such rights.
Tragically, Mohammad Al Ghazzi lost his family when another boat followed his route a year later; out of 400 people on board only 45 survived when it sunk into the ocean.
After 11 months in detention he was finally able to attain legal assistance and receive recognition for his asylum claim.
All too often, refugees like Mohammad Al Ghazzi are treated as criminals once they arrive in a new country – something that needs to change if we want true justice for all displaced people around the world.
The Unspeakable Injustice Of Refugee Rights In Post-World War Ii Europe
Europe has become a quagmire of regulations and restrictions on freedom of movement, particularly for refugee claimants.
In recent years, European immigration policies have been continually tightening in order to restrict access to asylum and prevent large influxes of people seeking refuge.
From Britain’s six asylum laws from 1992-2005 to Germany’s amendments restricting refugee claims stemming from the fall of the Berlin wall just after World War II, several restrictions have been added along Europe’s borders.
To make matters worse, the European Union’s Dublin Regulation only allows asylum claims to be made in the first European country of entry, placing an added strain on countries like Greece, Ukraine and Poland which are located at the external borders of Europe.
Combined with cheap air travel that facilitates an increase in refugees leaving their home countries, this has created lawless airport transit zones where refugees can be left without access to legal systems or to appeal decisions made about their petitions against ill treatment.
Stories of people spending months in these zones without basic amenities or rights abound – one 40-year-old Algerian women being so desperate that she eventually chose suicide while another Palestinian refugee spent seven months living off airline meal tickets just trying to gain entry.
The bottom line is that Europe has become almost like a fortress – with complicated laws, impenetrable transit zones and immense human rights abuse – leaving those fleeing persecution stuck in limbo between despair and hope for a better future
Canada’S Refugee Policies Show That Reforms Must Be Accompanied By Stronger Deportation And Passport Security Measures To Be Effective
Canada’s refugee system is an excellent example of what effective policy reform can achieve.
After refugees from Rwanda and India filed appeals against the government’s decisions on their cases in 1989, the country made significant changes to its refugee policies.
Because of these changes, refugees now have a constitutional right to a face-to-face hearing that can take place in any country that honors these standards, allowing the policy to be “portable”.
The success of this policy is demonstrated by Ahmed Ressam’s case.
He entered the Refugee System in 1994 and was rejected due to lack of funding for enforcement, letting him travel freely for years before being recruited by al-Qaeda.
However, current Canadian immigration policy does make it easier for authorities to manage terrorist threats with security certificates immediately deporting those found engaging in such activities.
This means that no terrorist has been able to make it through Canada’s refugee system since 2009, showing just how well equipped Canada is when it comes to dealing with terrorist activity quickly and effectively.
As such, Canada’s refugee system should be taken as a model for future refugee policy reforms across other countries as well.
The Portable-Procedural Approach: Restoring Hope That Human Rights Will Prevail In The Current Refugee Crisis
The portable-procedural approach to refugee policy based on Canada’s model is highly compatible for worldwide use and demonstrates the progress that can be made toward respecting human rights.
This modified version of the Canadian policy honors the concerns of Hannah Arendt, while also granting refugees many basic human rights, including an oral hearing and legal aid in case they wish to appeal decisions.
Considering how nations such as Great Britain were able to step up and end the transatlantic slave trade during the nineteenth century as well as South Africa abolishing racial apartheid in 1990s gives us hope for a better future when it comes to respecting human rights.
History has shown us that it is possible for nations to evolve positively even when threatened by economic or political constraints, which means that there should still be optimism about eventually overcoming this current refugee crisis without having to compromise on human rights.
Wrap Up
Frontier Justice provides an insightful and comprehensive take on the current state of immigration and refugee law.
The book makes a compelling case that host countries can offer these individuals more fundamental rights than previously thought—rights that are similar to what their own citizens receive.
Moreover, it offers an ambitious roadmap for future developments in this promising sector of law.
At its core, this book highlights the importance of empowering and protecting refugees through proper application of laws, instead of simply relying on goodwill-based policies with limited effectiveness.
With this in mind, Frontier Justice serves as a timely reminder both of how far society has come and how much further we all have to go.
