Driven from Home
Protecting the Rights of Forced Migrants
Publication Year: 2010
Published by: Georgetown University Press
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This book is the second phase of an ongoing project on the human rights of refugees and forcibly displaced persons conducted by the Center for Human Rights and International Justice at Boston College. The key element in the first phase of the project was a conference held in Nairobi, Kenya. The Nairobi conference led to an earlier publication: Refugee Rights: Ethics, Advocacy, and Africa, published by Georgetown University Press in 2008 ...
Introduction: Human Rights and New Challenges of Protecting Forced Migrants
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People have been driven from their homes by wars, unjust treatment, earthquakes, and hurricanes throughout human history. The reality of forced migration is not new. Nor is awareness of the suffering of the displaced a recent discovery. How to protect and assist those who have been forced from their homes, however, is under serious reconsideration today. This book aims to advance that discussion by addressing questions raised by the growing number of persons who have been driven from their homes and by our increased awareness of their suffering ...
Part I: New Realities of Protection in a Human Rights Framework
1. Rethinking the International Refugee Regime in Light of Human Rights and the Global Common Good
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By conservative estimates, about 45 million migrants are living outside of their home communities, forced to flee to obtain some measure of safety and security from conflict and repression.1 The full extent of forced migration is much larger, however. Forced migration has many causes and takes many forms. People leave because of persecution, human rights violations, repression, conflict, natural and human-made disasters, and environmental hazards ...
Part II: Normative Responses: Religion, Human Rights, Gender, and Culture
2. Justice for the Displaced: The Challenge of a Christian Understanding
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As we look at the complex reality of migration, we see the various voices that compete for a hearing. One of the most neglected voices is the theological perspective.1 The complex saga of refugees and displaced people in many parts of the world depicts the dire conditions of millions of men, women, and children.2 Considered as a whole, and seen in its multiple forms, the crisis of forced displacement poses a challenge to governmental and nongovernmental institutions and demarcates a difficult terrain for theological and ethical analysis ...
3. Human Rights as a Framework for Advocacy on Behalf of the Displaced: The Approach of the Catholic Church
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People are moving from everywhere to everywhere. More than 200 million persons live, seek and find refuge, and work in a country different from the one in which they were born. To this statistic should be added the number of people forcibly displaced within their own country due to conflicts, oppression, or natural disaster - an estimated 26-30 million people - who are a matter of growing concern worldwide. ...
4. No Easy Road to Freedom: Engendering and Enculturating Forced Migration
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Institutionalized racism and ethnic strife often combine with extreme poverty and political forces as underlying causes of armed conflict forcing many to flee from home and country, as in Rwanda, the former Yugoslavia, and many other parts of the globe.1 The official report of the United Nations (UN)-sponsored Commission for Historical Clarification in Guatemala identified a history of racism against the indigenous population and "acute socioeconomic inequalities" as direct causes of the country's thirty-six years of civil war.2 ...
Part III: Protecting Rights at the Border: Denial of Asylum and Systemic Responses
5. Human Rights as a Challenge to National Policies That Exclude Refugees: Two Case Studies from Southeast Asia
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Recently I spoke at the Ubud Writers Festival in Indonesia. At the opening session, the organizers had to apologize for the unavoidable absence of some of the advertised speakers. I realized that there are two classes of invitees at such international events: those who can cross national borders freely and those who cannot. Many of those who cannot are not refugees. They just happen to come from countries whose nationals, when they travel, are subject to especially strict scrutiny by the host country ...
6. Loving Humanity while Accepting Real People: A Critique and a Cautious Affirmation of the “Political” in U.S. Asylum and Refugee Law
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Certain recent trends in the refugee and asylum law of the United States have reminded me of an old Charlie Brown comic strip. The charmingly insecure character, Linus, stood with his security blanket tucked under his chin, staring wistfully into space. The caption, as I remember it, read: "I love mankind; it's people I can't stand."1 ...
7. Closed Borders, Human Rights, and Democratic Legitimation
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The world as we know it is divided into territorially bounded states, each of which has traditionally asserted the sovereign right coercively to regulate its own internal affairs, its relationships with outsiders, and the territorial and civic boundaries between the internal and external. According to the ideology of state sovereignty, internally, the state is the final and absolute political authority over its particular territory and inhabitants; ...
Part IV: Protection in the Face of Conflict and War
8. The Experience of Displacement by Conflict: The Plight of Iraqi Refugees
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An anticipated consequence of the U.S. invasion of Iraq in 2003 was the displacement of a proportion of the Iraqi population. Population displacement and refugee movements as a result of conflicts have been known phenomena for much of the ancient and modern eras. In the last century the international community has put processes, legal instruments, and agencies in place to deal with such displacement. ...
9. The Ethics and Policy of War in Light of Displacement
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The question addressed in this chapter is what are the challenges and implications for the just war ethic (JWE) arising from the human, moral, and political situations of refugees and internally displaced persons (IDP) produced by modern wars? To respond to this question, I will examine four themes: (a) the historical model of the JWE; (b) the development of doctrine in the JWE; (c) the reality of refugees and displaced persons; and (d) the rethinking (again) of the JWE ...
10. Reinserting “Never” into “Never Again”: Political Innovations and the Responsibility to Protect
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With the possible exception of the prevention of genocide after World War II, no idea has moved faster or further in the international normative arena than the "responsibility to protect," commonly called R2P, the title of the 2001 report from the International Commission on Intervention and State Sovereignty (ICISS).1 This chapter, like others in the volume, contains a strong dose of ethics, but its main purpose is to explore political innovations that could make "never again" an actuality instead of an aspiration ...
Part V: Protection in Response to Economic Need and Environmental Crises
11. Economic and Environmental Displacement: Implications for Durable Solutions
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Large- scale migration is a reality of our times, and there is every indication that new factors, such as climate change, have the potential to increase dramatically both the number and needs of the displaced. To more effectively respond to current migration flows, we need to expand our understanding of the multiplicity of factors driving people to migrate, the significance of defining distinct categories of migrants, and the implications of narrowing or expanding the concept of what "forced migration" and the need for protection means today ...
12. Refugees or Economic Migrants: Catholic Thought on the Moral Roots of the Distinction
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This chapter outlines one moral framework for questioning the normative force of the sharp distinction between so-called refugees and economic migrants, namely, that of Catholic social thought (CST).1 The ethical framework presented pays special attention to understanding the moral roots of the claim that refugees make on the international community ...
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Page Count: 296
Publication Year: 2010