POLI 140D UC San Diego Evolution of International Refugee Law Study Guide Hey everyone, I have a study guide, it has questions based on the power points. R

POLI 140D UC San Diego Evolution of International Refugee Law Study Guide Hey everyone, I have a study guide, it has questions based on the power points. Read the questions carefully and search for the answer on the power points that I will attach. if you can’t find it on the power point, then you should find it on quiz-let.So I will attach the study guide and all the power points and the study guide.i will attach the rest of the power points once the questions is accepted. POLI 140D
May 12th, 2020
Notice: Zoom Recording
•
Contents of this discussion section will be recorded and
made available for review:
This program uses video and audio recording or other
personal information for the purpose of facilitating the course
and/or test environment. UC San Diego does not allow
vendors to use this information for other purposes. Recordings
will be deleted when no longer necessary. However, if
cheating is suspected, the recording may become part of
the student’s administrative disciplinary record
•
If you do not want to be recorded, please email me directly
“Birthright Lottery”
•
Recall the numbers: 71.4 million –> 19.9 million –> 1.4 million –> 63,696
•
Random draw 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15
•
16, 17, 18, 19, 20, 21, 22, 23, 24, 25
Human Rights and Deportation
“Birthright
“Zero
Tolerance”
Lottery”and Family Separation
•
•
•
The administration
Recall
the numbers:
agued
71.4 million
(and continues
–> 19.9 million
to argue)
–> 1.4that
million –> 63,696 like “zero tolerance” are necessary to discourage
measures
undocumented immigration
Random draw 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15
No evidence that family separation deterred arrivals of family
units at the southwest border
(Wong 2018)
(Wong 2018)
4 of 5
Human Rights and Deportation
“Zero
Tolerance”
and Family Separation
Notice:
Zoom Recording
•
•
•
The
administration
agued (and
continues
to argue)and
that
Contents
of this discussion
section
will be recorded
measures
like “zero
are necessary to discourage
made available
for tolerance”
review:
undocumented immigration
This program uses video and audio recording or other
No
evidence
that family
separation
arrivals
ofcourse
family
personal
information
for the
purposedeterred
of facilitating
the
units
at test
the southwest
border
and/or
environment.
UC San Diego does not allow
vendors to use this information for other purposes. Recordings
will be deleted when no longer necessary. However, if
cheating is suspected, the recording may become part of
the student’s administrative disciplinary record
If you do not want to be recorded, please email me directly
(Wong 2018)
(Wong 2018)
4 of 5
Human Rights and Deportation
“Zero
Tolerance” and Family Separation
Last Time
•
•
•
•
•
•
Alternatives?
The
administration
“Andagued
we say,(and
‘Please
continues
show up
to to
argue)
courtthat
in a
St. Louis
measures
couple
of like
months.’
“zero You
tolerance”
know what
are necessary
the chances
to discourage
of getting
Rohingya
undocumented
him
to court are?immigration
Like zero. Ok? It’s crazy” – President Trump
via
News and family separation
ZeroFox
tolerance
No evidence that family separation deterred arrivals of family
units atCase
Family
the southwest
Management
border
Program (FCMP). Families are
released and receive intensive case supervision including
legal education
954 people served
during from January
2016 to June 2017
(Wong 2018)
Source: Department of Homeland
(Wong 2018)
Security (DHS)
Office of the Inspector General (OIG)
4 of 5
5
Origins of Refugee Law
Origins of Refugee Law
•
1951 Geneva Convention on the Status of Refugees
•
“Its contemporary codification by the United Nations took
place just after the adoption of the Universal Declaration of
Human Rights, and was strongly influenced by the
Declaration’s normative structure […] a mechanism by which
to answer situation-specific vulnerabilities that would
otherwise deny refugees meaningful benefit of the more
general system of human rights protection” (Hathaway 2005)
1 of 15
Origins of Refugee Law
Origins of Refugee Law
•
1926 Arrangement Relating to the Issue of Identity Certificates
to Russian and Armenian Refugees
•
Between 1917 and 1926, some 2 million Russians, Armenians,
and others were forced to flee their homes
•
Defines a Russian refugee as “Any person of Russian origin
who does not enjoy or who no longer enjoys the protection
of the Government of the Union of Socialist Soviet Republics
and who has not acquired another nationality”
•
Defines an Armenian refugee as “Any person of Armenian
origin formerly a subject of the Ottoman Empire who does
not enjoy or who no longer enjoys the protection of the
Government of the Turkish Republic and who has not
acquired another nationality”
•
Non-refoulement?
2 of 15
Origins of Refugee Law
Origins of Refugee Law
•
1928 Arrangement Relating to the Legal Status of Russian and
Armenian Refugees
•
A series of non-binding recommendations that set standards
for the recognition of refugees and addressed issues such as
access to courts, the right to work, protection against
deportation, equality in taxation, and the responsibility of
states to recognize League of Nations identity documents
•
Non-refoulement?
3 of 15
Origins of Refugee Law
Origins of Refugee Law
•
1933 Convention Relating to the International Status of
Refugees
•
Article 1: “The present Convention is applicable to Russian,
Armenian and assimilated refugees, as defined by the
Arrangements of May 12th, 1926, and June 30th, 1928,
subject to such modifications or amplifications as each
Contracting Party may introduce in this definition at the
moment of signature or accession”
•
Formalized the recommendations of the 1928 Arrangement
and added the principle of non-refoulement, as well as 3
other important provisions
•
Success?
4 of 15
Origins of Refugee Law
Origins of Refugee Law
•
1933 Convention Relating to the International Status of
Refugees
•
Article 1: “The present Convention is applicable to Russian,
Armenian and assimilated refugees, as defined by the
Arrangements of May 12th, 1926, and June 30th, 1928,
subject to such modifications or amplifications as each
Contracting Party may introduce in this definition at the
moment of signature or accession”
•
Formalized the recommendations of the 1928 Arrangement
and added the principle of non-refoulement, as well as 3
other important provisions
•
Success? 8 states ratified
4 of 15
Origins of Refugee Law
Origins of Refugee Law
•
1936 Provisional Arrangement Concerning the Status of
Refugees from Germany
•
Article 1: “For the purpose of the present arrangement, the
term ‘refugee coming from Germany’ shall be deemed to
apply to any person who was settled in that county, who
does not possess any nationality other than German
nationality, and in respect of whom it is established that in
law or in fact he or she does not enjoy the protection of the
Government of the Reich”
•
Success?
5 of 15
Origins of Refugee Law
Origins of Refugee Law
•
1936 Provisional Arrangement Concerning the Status of
Refugees from Germany
•
Article 1: “For the purpose of the present arrangement, the
term ‘refugee coming from Germany’ shall be deemed to
apply to any person who was settled in that county, who
does not possess any nationality other than German
nationality, and in respect of whom it is established that in
law or in fact he or she does not enjoy the protection of the
Government of the Reich”
•
Success? 7 states ratified
5 of 15
Origins of Refugee Law
1951 Refugee Convention
•
Cornerstone of modern international refugee law
•
“At the time of signature, ratification, or accession, any State
may make reservations to articles of the Convention other
than to articles 1, 3, 4, 16(1), 33, 36-46 inclusive”
•
Article 1 defines who a refugee is, Article 3 and 4 relate to
non-discrimination and freedom of religion, Article 16(1)
relates to access to courts, Article 33 is the principle of nonrefoulement, and Articles 36-46 relate to the application and
administrative of the Convention
6 of 15
Origins of Refugee Law
1951 Refugee Convention
•
Article 1 defines who a refugee is: “As a result of events
occurring before 1 January 1951 and owing to well-founded
fear of being persecuted for reasons of race, religion,
nationality, membership of a particular social group or
political opinion, is outside the country of his nationality and is
unable, or owing to such fear, is unwilling to avail himself of
the protection of that county; or who, not having a
nationality and being outside the country of his former
habitual residence as a result of such events is unable or,
owing to such fear, is unwilling to return to it”
7 of 15
Origins of Refugee Law
1951 Refugee Convention
•
Article 1 defines who a refugee is: “As a result of events
occurring before 1 January 1951 and owing to well-founded
fear of being persecuted for reasons of race, religion,
nationality, membership of a particular social group or
political opinion, is outside the country of his nationality and is
unable, or owing to such fear, is unwilling to avail himself of
the protection of that county; or who, not having a
nationality and being outside the country of his former
habitual residence as a result of such events is unable or,
owing to such fear, is unwilling to return to it”
7 of 15
Origins of Refugee Law
1951 Refugee Convention
•
Article 1 defines who a refugee is: “As a result of events
occurring before 1 January 1951 and owing to well-founded
fear of being persecuted for reasons of race, religion,
nationality, membership of a particular social group or
political opinion, is outside the country of his nationality and is
unable, or owing to such fear, is unwilling to avail himself of
the protection of that county; or who, not having a
nationality and being outside the country of his former
habitual residence as a result of such events is unable or,
owing to such fear, is unwilling to return to it”
7 of 15
Origins of Refugee Law
1951 Refugee Convention
•
Article 1 defines who a refugee is: “As a result of events
occurring before 1 January 1951 and owing to well-founded
fear of being persecuted for reasons of race, religion,
nationality, membership of a particular social group or
political opinion, is outside the country of his nationality and is
unable, or owing to such fear, is unwilling to avail himself of
the protection of that county; or who, not having a
nationality and being outside the country of his former
habitual residence as a result of such events is unable or,
owing to such fear, is unwilling to return to it”
7 of 15
Origins of Refugee Law
1951 Refugee Convention
•
Article 1 defines who a refugee is: “As a result of events
occurring before 1 January 1951 and owing to well-founded
fear of being persecuted for reasons of race, religion,
nationality, membership of a particular social group or
political opinion, is outside the country of his nationality and is
unable, or owing to such fear, is unwilling to avail himself of
the protection of that county; or who, not having a
nationality and being outside the country of his former
habitual residence as a result of such events is unable or,
owing to such fear, is unwilling to return to it”
7 of 15
Origins of Refugee Law
1951 Refugee Convention
•
“As a result of events occurring before 1 January 1951”
•
The 1967 Protocol to the Relating to the Status of Refugees
eliminates this temporal limitation
8 of 15
Origins of Refugee Law
1951 Refugee Convention
•
“well-founded fear of being persecuted”
•
As Goodwin-Gill (2008) writes, “’persecution’ itself is not
defined in the 1951 Convention. Articles 31 and 33 refer to
those whose life or freedom “was” or “would be” threatened,
so clearly it includes the threat of death, or the threat of
torture, or cruel, inhuman or degrading treatment or
punishment”
•
A “comprehensive analysis” requires the general notion of
persecution to be related to other developments in
international human rights, including Article 3 of the ECHR,
Article 7 of the ICCPR, etc.
•
There is no necessary linkage between persecution and
Government authority
9 of 15
POLI 140D
May 14th, 2020
Notice: Zoom Recording
•
Contents of this discussion section will be recorded and
made available for review:
This program uses video and audio recording or other
personal information for the purpose of facilitating the course
and/or test environment. UC San Diego does not allow
vendors to use this information for other purposes. Recordings
will be deleted when no longer necessary. However, if
cheating is suspected, the recording may become part of
the student’s administrative disciplinary record
•
If you do not want to be recorded, please email me directly
Midterm
•
Mean: 80.6 (σ 18.8)
•
Median: 85
•
High: 105 (20 students scored 100 or higher; 54 students
scored 90 or higher)
•
Low: 12
Looking Ahead
•
Policy memo prompts on Canvas today (5/14) at 5pm
“Birthright Lottery”
•
Recall the numbers: 71.4 million –> 19.9 million –> 1.4 million –> 63,696
•
Random draw 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15
•
16, 17, 18, 19, 20, 21, 22, 23, 24, 25
•
26, 27, 28, 29, 30, 31, 32, 33, 34, 35
Last Time
•
Origins of refugee law (1926, 1928, 1933, 1936)
Recap
Origins of Refugee Law
•
1926 Arrangement Relating to the Issue of Identity Certificates
to Russian and Armenian Refugees
•
Between 1917 and 1926, some 2 million Russians, Armenians,
and others were forced to flee their homes
•
Defines a Russian refugee as “Any person of Russian origin
who does not enjoy or who no longer enjoys the protection
of the Government of the Union of Socialist Soviet Republics
and who has not acquired another nationality”
•
Defines an Armenian refugee as “Any person of Armenian
origin formerly a subject of the Ottoman Empire who does
not enjoy or who no longer enjoys the protection of the
Government of the Turkish Republic and who has not
acquired another nationality”
•
Non-refoulement?
i
Recap
Origins of Refugee Law
•
1926 Arrangement Relating to the Issue of Identity Certificates
to Russian and Armenian Refugees
•
Between 1917 and 1926, some 2 million Russians, Armenians,
and others were forced to flee their homes
•
Defines a Russian refugee as “Any person of Russian origin
who does not enjoy or who no longer enjoys the protection
of the Government of the Union of Socialist Soviet Republics
and who has not acquired another nationality”
•
Defines an Armenian refugee as “Any person of Armenian
origin formerly a subject of the Ottoman Empire who does
not enjoy or who no longer enjoys the protection of the
Government of the Turkish Republic and who has not
acquired another nationality”
•
Non-refoulement?
i
Recap
Origins of Refugee Law
•
1926 Arrangement Relating to the Issue of Identity Certificates
to Russian and Armenian Refugees
•
Between 1917 and 1926, some 2 million Russians, Armenians,
and others were forced to flee their homes
•
Defines a Russian refugee as “Any person of Russian origin
who does not enjoy or who no longer enjoys the protection
of the Government of the Union of Socialist Soviet Republics
and who has not acquired another nationality”
•
Defines an Armenian refugee as “Any person of Armenian
origin formerly a subject of the Ottoman Empire who does
not enjoy or who no longer enjoys the protection of the
Government of the Turkish Republic and who has not
acquired another nationality”
•
Non-refoulement?
i
Recap
Origins of Refugee Law
•
1928 Arrangement Relating to the Legal Status of Russian and
Armenian Refugees
•
A series of non-binding recommendations that set standards
for the recognition of refugees and addressed issues such as
access to courts, the right to work, protection against
deportation, equality in taxation, and the responsibility of
states to recognize League of Nations identity documents
•
Non-refoulement?
ii
Recap
Origins of Refugee Law
•
1928 Arrangement Relating to the Legal Status of Russian and
Armenian Refugees
•
A series of non-binding recommendations that set standards
for the recognition of refugees and addressed issues such as
access to courts, the right to work, protection against
deportation, equality in taxation, and the responsibility of
states to recognize League of Nations identity documents
•
Non-refoulement?
ii
Recap
Origins of Refugee Law
•
1933 Convention Relating to the International Status of
Refugees
•
Article 1: “The present Convention is applicable to Russian,
Armenian and assimilated refugees, as defined by the
Arrangements of May 12th, 1926, and June 30th, 1928,
subject to such modifications or amplifications as each
Contracting Party may introduce in this definition at the
moment of signature or accession”
•
Formalized the recommendations of the 1928 Arrangement
and added the principle of non-refoulement, as well as 3
other important provisions
•
Success? 8 states ratified
iii
Recap
Origins of Refugee Law
•
1936 Provisional Arrangement Concerning the Status of
Refugees from Germany
•
Article 1: “For the purpose of the present arrangement, the
term ‘refugee coming from Germany’ shall be deemed to
apply to any person who was settled in that county, who
does not possess any nationality other than German
nationality, and in respect of whom it is established that in
law or in fact he or she does not enjoy the protection of the
Government of the Reich”
•
Success? 7 states ratified
iv
Recap
1951 Refugee Convention
•
Cornerstone of modern international refugee law
•
“At the time of signature, ratification, or accession, any State
may make reservations to articles of the Convention other
than to articles 1, 3, 4, 16(1), 33, 36-46 inclusive”
•
Article 1 defines who a refugee is, Article 3 and 4 relate to
non-discrimination and freedom of religion, Article 16(1)
relates to access to courts, Article 33 is the principle of nonrefoulement, and Articles 36-46 relate to the application and
administrative of the Convention
v
Recap
1951 Refugee Convention
•
Article 1 defines who a refugee is: “As a result of events
occurring before 1 January 1951 and owing to well-founded
fear of being persecuted for reasons of race, religion,
nationality, membership of a particular social group or
political opinion, is outside the country of his nationality and is
unable, or owing to such fear, is unwilling to avail himself of
the protection of that county; or who, not having a
nationality and being outside the country of his former
habitual residence as a result of such events is unable or,
owing to such fear, is unwilling to return to it”
vi
Origins of Refugee Law
1951 Refugee Convention
•
Inconsistencies in the ways states interpret “membership of a
particular social group”
•
“How Will Ugandan Gay Refugees Be Received By U.S.?”
http://www.npr.org/2014/02/24/282123664/how-will-ugandan-gay-refugees-be-received-by-u-s
10 of 15
Origins of Refugee Law
1951 Refugee Convention
•
“owing to such fear, is unwilling to avail himself of the
protection of that county”
•
Unwillingness to avail oneself to the protection of a state or
government is, according to Goodwin-Gill, “broad enough to
include a situation where the authorities cannot or will not
provide protection, for example, against persecution by nonState actors”
11 of 15
Origins of Refugee Law
1951 Refugee Convention
•
Treatment of refugees under the Convention
•
“ […] not less favourable than that accorded to aliens
generally in the same circumstances”
•
Article 6: “For the purposes of this Convention, the term ‘in
the same circumstances’ implies that any requirements […]
which the particular individual would have to fulfill for the
enjoyment of the right in question, if he were not a refugee,
must be fulfilled by him”
12 of 15
Origins of Refugee Law
1951 Refugee Convention
•
Article 17: “The Contracting…
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