INTERNATIONAL LAW ON HUMANITARIAN DIASPHORA

UNITED NATIONS HIGH COMMISIONER FOR REFUGEES (UNHCR)

History:

- 1950: created as a program of United Nations, during the aftermath of World War II to help
millions of Europeans who had fled or lost their homes
- 1951: The Refugee Convention
- 1956: during the Hungarian Revolution, 200,000 fled to neighboring Austria. Recognizing
the Hungarians as 'prima facie' refugees, UNHCR led efforts to resettle them.
- 1960s: the decolonization of Africa produced the first of that continent's numerous refugee
crises. UNHCR helped uprooted people in Asia and Latin America.
- 1981: Second Nobel Peace Prize for worldwide assistance to refugees.

Headquarters: Geneva, Switzerland

Core Principle: Non-refoulement

- asserts that a refugee should not be returned to a country where they face serious threats to
their life or freedom
- Now considered a rule of customary international law.

Mandate:

1.) To protect refugees, forcibly displaced communities and stateless people

2.) To assist in their (refugees and stateless people) voluntary repatriation, local integration or
resettlement to a third country

Functions:

1.) To ensure that everyone has the right to seek asylum and find safe refuge in another State,
with the option to eventually return home, integrate or resettle
2.) To provide critical emergency assistance in the form of clean water, sanitation and
healthcare, as well as shelter, blankets, household goods and sometimes food. We also
arrange transport and assistance packages for people who return home, and income-
generating projects for those who resettle, during times of displacement.
3.) To ensure that everybody has the right to seek asylum and find safe refuge, having fled
violence, persecution, war or disaster at home.
 DIFFERENT INSTANCES OF MASS TRANSFER AND THE ROLE PLAYED BY THE
UNHCR AND THE INTERNATIONAL COMMUNITY

1.) Bolivarian Diaspora

Background:
 largest recorded refugee crisis in the Americas
 refers to the emigration of millions of Venezuelans from their native country during the
presidencies of Hugo Chávez and Nicolás Maduro due to the presidents' Bolivarian
Revolution
 The revolution was an attempt by Chávez – and, later, Maduro – to establish a cultural
and political hegemony which culminated in the crisis in Bolivarian Venezuela when
their populist policies failed
 During the crisis, Venezuelans have often been asked about their desire to leave their
native country; over 30 percent of those asked in a December 2015 survey said that they
planned to permanently leave Venezuela.
 The percentage nearly doubled the following September; according to Datincorp, 57
percent of respondents wanted to leave the country.
 By 2018, about four million Venezuelans – more than 10 percent of the country's
population – had emigrated since the revolution began in 1999.

Reasons:
 deterioration of both the economy and the social fabric
 rampant crimes
 uncertainty and lack of hope for a change in leadership in the near future
 soaring inflation
 expanding statist controls
 lack of freedom
 high levels of insecurity
 lack of opportunity

Role/s played by the UNHCR and the International Community:

 March 2018: the United Nations Refugee Agency urged countries to treat Venezuelan
migrants as refugees and urged countries to accept Venezuelan nationals, grant them
access to basic human rights and not deport Venezuelans who enter their territories
 March 2018: US AID began funding Venezuelan care for refugees in Colombia,
allocating $2.5 million for humanitarian aid.
 April 2018: the European Union sent observers to Colombia to assist with planning and
accommodating Venezuelan refugees.
  April 6, 2018: the United Nations World Food Programme declared the situation of
Venezuelan immigrants in Colombia a Level 2 Emergency and called for a regional
response to the crisis
 April 9, 2018: the government of Norway allocated $1 million to fund humanitarian aid
in Colombia for Venezuelan refugees
 The Catholic Church in Peru organized programs to help Venezuelan refugees,
dedicating masses and collections to the migrants.

2.) Mali Migration

Background
 Country is characterized by migration trends that range from cultural practices that
promote migration as a rite of passage for young men, to circular and seasonal migration
including pastoral and nomadic movements.
 January 2012: armed conflict that started in the North of Mali which led to the defeat of
government forces in the North and the insurgents’ control of Mali’s three northern
regions
 Nearly half a million people were displaced, including some 300,000 internally
displaced persons (IDPs) and over 175,000 seeking refuge in neighboring countries.

Reasons:
 economic and environmental pressures
 chronic droughts which led to acute food insecurity throughout the Sahel region
 local disputes between South and North Mali

Role/s played by the UNHCR and the International Community:

 Libyan and Central African republic accepts Malian Refugees
 International Organization for Migration provides support to the Government of Mali in
order to respond to this humanitarian and migratory crisis through the tracking and
monitoring of those displaced, protection assistance and provision of emergency
assistance in shelter, Non Food Items (NFI), potable water, health, hygiene and
sanitation

3.) Bangladesh Rohingya

Background
 An estimated 507,000 Rohingya have crossed the border into Bangladesh since 25
August 2017, including 453,300 in four upazilas of Cox’s Bazar district, 35,000 in
registered refugee camps, and 18,700 in Naikhongchhari of Bandarbhan district.
  Since the current influx began, IOM distributed over 33,000 tarpaulins, installed 400
emergency latrines, trucked 243,000 liters of water, and provided healthcare services to
over 26,000 patients.
 The Government of Bangladesh (GOB) already allocated 2,000 acres of land for a new
settlement. GOB is working closely with IOM and other agencies to develop this new
site. As of now, this site is undeveloped and uninhabitable.

Reasons:
 ethnic cleansing of Rohingyas (a stateless minority)
 violence in Myanmar’s Rakhine State

Role/s played by the UNHCR and the International Community:

 IOM and other agencies to establish a new 2,000 acre site for the refugees
 UNHCR responds to the massive humanitarian needs.
 UNHCR helps the government to develop new sites that can safely accommodate
refugees
 UNHCR built thousands of latrines and water points for the refugees, thereby mitigating
the risks of health problems such as acute watery diarrhea
 UNHCR has increased its presence in the field through the deployment of emergency
teams and relief specialists in different sectors
 UN and its partners launched a Joint Response Plan (JRP) for the Rohingya
Humanitarian Crisis calling for US$951 million to continue delivering lifesaving
assistance from March to December 2018

4.) Boko Haram Insurgency

Background
 displaced nearly 2.4 million people in the Lake Chad Basin

Reasons:
 terrorist groups Boko Haram’s deadly attacks

Role/s played by the UNHCR and the International Community:

 UNHCR has scaled up its response and is working with the authorities in north-eastern
Nigeria, as well as with UN partners, to help displaced people and returning refugees
regain a sense of normal life
 UNHCR ensures that their rights are respected, to provide legal and psycho-social
support to victims of sexual abuse and gender-based violence, and to supply shelter and
basic household items
  UNHCR advocates for access to basic services as well as guaranteed peace and security,
should returns be sustainable.
 UNHCR works with the neighboring countries and their authorities to ensure that
refugees are not forced to return to Nigeria against their will
 UNHCR coordinates the humanitarian assistance provided by 47 UN agencies and NGO
partners through the Regional Refugee Response Plan

5.) Somalia Refugee Crisis

Background
 About 500,000 Somali refugees fled to Kenya
 nearly 250,000 went to Ethiopia
 100,000 more Somali refugees in Kakuma camp
 about 30,000 urban refugees in Kenya’s capital, Nairobi

Reasons:
 no functioning government
 clan wars that have lasted for decades
 deadly terrorist group commanding swathes of the country
 collapse of the Somali government and the resulting civil war

Role/s played by the UNHCR and the International Community:

 UNHCR works collectively with the Somali and Kenyan Government to address the
prevailing issues concerning the closure of the Dabaab refugee camp, particularly the
need for an effective repatriation program
 The UNHCR provides education, healthcare, livelihood and community-based
initiatives, and food rationing for hr Somali refugees
 The U.N. refugee agency recently helped over 78,000 Somali refugees as part of their
voluntary repatriation program with the cooperation of Dabaab refugee camp.
 The International Rescue Committee is providing crucial humanitarian assistance and
support to over 280,000 Somali refugees.
 The United Kingdom and Turkey provide financial support to the Somali Refugees

6.) Afghanistan Refugee Crisis

Background
 1979 Soviet Occupation: the flight of refugees from Afghanistan began, and has
continued with civil war and Taliban rule
 1980s: Over 6 million refugees left Afghanistan for Pakistan and Iran
  1992 Collapse of Soviet Government: New waves of refugees arrived in Pakistan
 As of 2016, an estimated one million registered and 1.5 million unregistered Afghan
refugees lived in Pakistan; the same number lived in Iran.

Reasons:
 Soviet Occupation
 Civil wars
 Tribal conflict
 Uncontrolled growing of the Afghan population and unstable government which led
them to compete with one another for resources.

Role/s played by the UNHCR and the International Community:

 UNHCR works with the Iranian and the Pakistani government to protect the
humanitarian rights of the Afghan refugees.
 UNHCR works towards the inclusion of refugees in national services and the economy,
including through access to the national health insurance scheme, permission to work in
a range of occupations and documentation
 The High Commissioner himself goes from the settlement camps for the refugees so that
he can personally hear the grievances and address the needs of the Afghan Refugees

7.) Syrian Refugee Crisis

Background
 Over 5.6 million people have fled Syria since 2011, seeking safety in Lebanon, Turkey,
and Jordan and beyond. Millions more are displaced inside Syria and, as war continues,
hope is fading fast.
 6.1 million Are displaced within Syria — as internally displaced people (IDPs).
 Half of the people affected by the terrible results are children.
 Turkey is the largest host country of registered refugees, with around 3.3 million.
 life in exile can be difficult, but for Syrians still at home it is even harder
 Fighting continues, despite international agreements for de-escalation (2018)
 As a large-scale military confrontation looms in early September in the northwestern
region of Idlib, the U.N., World Vision, and other aid agencies fear as many as 700,000
Syrians could be forced to flee their homes because of the violence.

Reasons:
 the onset of the civil war in 2011
 The civil war started in Syria because conflict broke out in 2011 after a forceful
crackdown on peaceful student protests against the government of Bashar al-Assad.
  The Arab Spring in Tunisia, Egypt and other Arab countries inspired protests in Syria,
prompting a crackdown by the Syrian army. As Syria descended into a civil war, it
became divided into a complex battle between the government, rebel groups and foreign
backers.

Role/s played by the UNHCR and the International Community:

 The UNHCR provides life-saving humanitarian aid for Syrian refugees, helping the most
vulnerable with cash for medicine and food, stoves and fuel for heating, insulation for
tents, thermal blankets and winter clothing.
 For those who have been displaced but remain in Syria, they provide shelter kits and
non-food items as well as protection services and psychosocial support.
 They have also joined forces with other United Nations humanitarian and development
agencies to appeal for US$8 billion in vital new funding to help millions of people in
Syria and across the region.
 World Vision on the other hand provides aid to children and families in Syria, Lebanon,
and Jordan, as well as Iraq, which has also suffered from conflict and humanitarian
crises.
 Humanitarian aid is limited in 2018 as the conflict continues.
 Humanitarian access is limited because of insecurity, and 2.9 million people remain in
hard-to-reach areas where aid is not supplied on a regular basis.

8.) South Sudan Emergency

Background
 In 2013 fighting broke out in Juba, South Sudan’s capital. President SalvaKiir calls it a
coup attempt on the part of his vice president, Riek Machar. Attacks spread to other
areas; civilians flee.
 In January 2014, the first of many ceasefires is negotiated, declared, and quickly
broken.
 In June 2014, 1.4 million people flee their homes. 4 million people — one-third of the
population — face critical food shortages. Fighting interrupts farming season, making
food scarce and expensive.
 About 2,000 South Sudanese refugees cross into Uganda daily.
 As of September 30, 2018, refugees and asylum seekers from South Sudan reached
numbers of about 2,467,911
 The majority of the refugees are women and children, many of whom flee across the
border alone. Often, they arrive weak and malnourished. When the rainy season comes,
their needs are compounded by flooding, food shortages and disease.

Reasons:
  South Sudan gained independence from Sudan in July 2011 after decades of war. The
birth of the new country brought hope for a bright future. In December 2013, that hope
dimmed as the conflict broke out.

Role/s played by the UNHCR and the International Community:

 The UNHCR has been striving to restore hope to thousands who have been uprooted.
 They have also made efforts to provide relief and life-saving shelter with limited
resources.
 World Vision works with hundreds of thousands of children and their families who are
affected by conflict, insecurity, and hunger in South Sudan (Emergency food aid and
cash transfers for families to buy food; Special nutrition treatment for malnourished
children and for pregnant and breastfeeding women; Support for food security and
livelihoods and etc.)

9.) EU Migration Crisis

Background
 Thousands of people have died at sea attempting to reach the EU. Almost 90% of
refugees and migrants have paid organized criminals and people smugglers to get them
across borders.

Reasons:
 Improvement of lives of the people
 Economic instability in their own countries

Role/s played by the UNHCR and the International Community:

 UNHCR is continuously working to make sure that adequate child protection measures
are taken
 EU opens safe and legal pathways for asylum seekers and refugees to enter the EU so
that they do not have to risk their lives by turning to smugglers and traffickers.
 EU allocates 17.7 billion to deal with the migration crisis in the 2015-2017 and this
humanitarian aid provided by the EU helps refugees and migrants in countries outside
the EU, such as Iraq, Turkey, Jordan and Lebanon

10.) Nigerian Refugees in Niger

Background
 one of the nine most neglected crises worldwide

Reasons:
 threats from terrorist groups
 malnutrition among children
 limited schooling which deprives the youth to go to schools

Role/s played by the UNHCR and the International Community:

 Along with the UNICEF, 30 other aid organizations operate in the area providing relief
for the displaced
 UNICEF has revised funding requirements to $308m to provide life-saving assistance to
families affected by Boko Haram violence across Nigeria and Niger