Team of experts. Dr. James C. Simeon is an Associate Professor and the Director of the School of Public Policy and Administration, Faculty of Liberal Arts and Professional Studies, and formerly the Acting Director and Deputy Director at the Centre for Refugee Studies (CRS), at York University, Toronto, Canada.
Prior to joining the faculty at York University, James served as the first Executive Director of the International Association of Refugee Law Judges (IARLJ). He is currently an Associate Member of the IARLJ and serves as the Coordinator of its Inter-Conference Working Party Process. He is also one of the founding members of the IARLJ America Chapter. He is the immediate past President of the Canadian Association for Refugees and Forced Migration Studies (CARFMS), a member of the International Association for the Study of Forced Migration (IASFM) and the Institute of Public Administration of Canada (IPAC).
He served on the Immigration and Refugee Board of Canada (IRB) as a Member and Coordinating Member from September 1994 to October 2005. While a Member and Coordinating Member of the IRB he sat on a number of high profile cases, including, Pushpanathan, an exclusion case under Article 1F of the 1951 Convention that had been argued at the Supreme Court of Canada.
He has been awarded an International Opportunities Fund (IOF) grant from the Social Sciences and Humanities Research Council of Canada (SSHRC) with Professor Kate Jastram (University of California at Berkeley) for a collaborative project with Professor Guy Goodwin-Gill (University of Oxford), Professor Geoff Gilbert (University of Essex), and Professor Jane McAdam (University of New South Wales). The research project is entitled “War Crimes and Refugee Status: The Application and Interpretation of International Humanitarian and International Criminal Law to the Adjudication of Refugee Status in Canada, the United States, the United Kingdom, Australia and New Zealand.”
In May 2008, he was awarded funding from Canadian International Development Agency (CIDA), Justice Canada, the Ontario Law Foundation, SSHRC and a number of other organizations to hold a Research Workshop on Critical Issues in International Refugee Law at York University, http://www.yorku.ca/ciirl/, that featured a number of prominent Superior Court Judges and leading legal academic scholars from around the world.
Dr. Roberto Vidal is Senior Lecturer at the Law School of the Jesuit University Bogotá, Colombia and Director or the Research Group on Legal Theory and Political Philosophy, Law and Migration Project. He has researched the legal issues around internal displacement in Colombia. Recently he has worked on advocacy of asylum seekers and legislation and public policy on human trafficking. At present, he leads a project of legal clinics for international migrants in Bogota. Vidal's main subjects of interest include: critical theories of migration, law and migration, internal displacement law, refugee law, human rights of migrants, human trafficking and migrant smuggling, immigration law and practices, and legal agency by migrants.
Dr. Ranabir Samaddar is the Director of the Calcutta Research Group, and belongs to the school of critical thinking. He has pioneered along with others peace studies programmes in South Asia. He has worked extensively on issues of justice and rights in the context of conflicts in South Asia. The much-acclaimed The Politics of Dialogue (Ashgate, 2004) was the culmination of his work on justice, rights, and peace. His particular researches have been on migration and refugee studies, the theory and practices of dialogue, nationalism and post-colonial statehood in South Asia, and new regimes of technological restructuring and labour control. He authored a three-volume study of Indian nationalism, (Whose Asia Is It Anyway – nation and The Region in South Asia, 1996, The Marginal Nation – Transborder Migration from Bangladesh to West Bengal, 1999, and A Biography of the Indian Nation, 1947-1997, 2001). His recent political writings published in the form of a 2 volume account, The Materiality of Politics (Anthem Press, 2007), and the just published The Emergence of the Political Subject (Sage, 2009) have challenged some of the prevailing accounts of the birth of nationalism and the nation state, and have signalled a new turn in critical post-colonial thinking.
Professor Turgut Tarhanlı
Dean of Faculty of Law, Bilgi University, Istanbul, Turkey
1956 yılında İstanbul'da doğdu. 1979 yılında İstanbul Üniversitesi Hukuk Fakültesi'ni bitirdi. 1981 yılında aynı Fakülte'nin Devletler Umumi Hukuku (Uluslararası Hukuk) Kürsüsü'ne asistan olarak atandı. Lisansüstü çalışmalarını aynı Fakülte'de ve New York University School of Law'da sürdürdü. 1990 yılında Kamu Hukuku alanında Hukuk Doktoru (Ph.D.) ünvanını aldı. 1996 yılında Devletler Umumi Hukuku Doçenti ünvanına layık bulundu ve İstanbul Üniversitesi Hukuk Fakültesi'nde bu kadroya atandı. 1999-2000 öğretim yılından itibaren İstanbul Bilgi Üniversitesi'nde, aynı alanda öğretim üyeliğini sürdürmektedir.
Çalışmalarını, genel olarak uluslararası hukuk konularının yanısıra, özel olarak uluslararası insan hakları hukuku, , uluslararası ve ulusal barış ve güvenlik hukuku, hukuk ve teknoloji, uluslararası deniz hukuku alanlarında sürdüren Tarhanlı'nın, Türkçe ve İngilizce dillerinde, bu konulara ilişkin kitap, derleme, makale, kitap eleştirisi, gazete makalesi şeklinde yayımlanmış çalışmaları vardır.
Tarhanlı, Christian-Albrechts Üniversitat'de (Kiel, Almanya) 'Ulusal Güvenlik' konusunda çalışmalarda bulunmuş; Salzburg'da düzenlenen İnsan Hakları Hukuk başlıklı seminrde, Eski Yugoslavya Ceza Mahkemesi (Lahey) Savcısı Richard Goldstone'nun başkanlığındaki Çalışma Grubu'nda,Bosna Hersek savaşında uluslararası hukukun ihlalinden sorumlu kişilerin yargılanması ile ilgili huhuki çalışmalara kendi incelemesi ile katılmış; Birleşmiş Milletler'in 50. Kuruluş yıldönümü nedeniyle İtalya'da toplanan, 'Halkların Birleşmiş Milletleri' başlıklı toplantıya ve çalışmalara Türkiye'den katılmış; ABD'de, Harvard University Law School'da yürütülen 'The Program on Negotiation' başlıklı, kuramsal ve uygulamalı çatşma çözümü (conflict resolution) programının katılımcılarındandır.
Tarhanlı, Helsinki Yurttaşlar Derneği'nin kurucularındandır veyönetim kurulu üyesidir. 1995 yılında, Uluslararası Af Örgütü'nün, Türkiye'de yeniden canlandırılması için yapılan girişimde kurucu yerel grupta yer almıştır. İstanbul Üniversitesi Hukuk Fakültesi Mezunlar Derneği'nin kurucularındandır ve yönetim kurulu üyesidir. American Society of International Law'un uluslararası üyesidir. 1980 yılından beri İstanbul Bürosu'na üyedir.
1996 yılından beri, Radikal gazetesinde, Türkiye'nin dış ilişkileri ve dünya sorunları konularında makaleleri yayımlanmaktadır.
Turgut Tarhanlı, 2002 yılında profesör oldu.
Prof. Dr. Turgut Tarhanlı, İstanbul Bilgi Üniversitesi Hukuk Fakültesi'nde Uluslararası Hukuk ve İnsan Hakları Hukuku dersleri vermekte ve İnsan Hakları Araştırma Merkezi Başkanlığı yapmaktadır.
Galya Benarieh Ruffer
Director, International Studies Program
Senior Lecturer in Political Science
PhD, University of PennsylvaniaJ.D., Northwestern University
Professor Ruffer is the Director of International Studies and the founding Director of the Center for Forced Migration Studies housed at the Buffett Center for International and Comparative Studies at Northwestern University. Her work centers on refugee rights and protection, citizenship, human rights, rule of law and the process of international justice with a particular focus on testimony and sexual violence in the DR Congo. She has published on asylum law and policy, human rights litigation in transnational courts and immigrant incorporation and integration in Europe. Her recent work focuses on methods of documenting displacement in global crisis and the use of the Ushahidi Crowdmap platform to document refugee rights. Aside from her academic work, she has worked as an immigration attorney representing political asylum claimants both as a solo-practitioner and as a pro-bono attorney.
Children and Forced Migration: Durable Solutions during Transient Years.
The end of conflict rarely signifies the cessation of violence or the automatic (re)establishment of the rule of law and human rights protection. Limited opportunities and additional displacement remain common features of post-war societies. For children and youth, who often constitute the largest demographic sector of displaced groups, the search for viable solutions prioritizes needs and aspirations that reflect the transient nature of their age group, and differ from those of their elders. Additional difficulties are posed by the inconsistent definition and uneven implementation of the traditional “durable solutions” to forced displacement – i.e. “voluntary repatriation”, “local integration”, “resettlement to a third country” – on the part of national governments and assistance agencies. Intergenerational differences regarding the impact and perceived desirability of these alternatives are rarely considered. They thus remain largely unexamined and insufficiently understood, impeding the transition from humanitarian aid to human development.
Given the very high proportion of children and youth among displaced populations worldwide, and the particular challenges and opportunities they must confront, their experiences, needs and aspirations must be investigated and factored into relevant policy and practice. This panel seeks to contribute to this effort by sharing findings that may inform forced migration programming so that it better responds to the age-differentiated priorities of displaced communities and promotes sustainable durable solutions. These dynamics are shown to have a significant impact on the way in which access to material assets, education, employment opportunities, political participation and other key resources is negotiated among the youngest members of displaced groups.
Rethinking Repatriation as a Durable Solution: Young Refugees and Secondary Displacement in South Sudan. Marisa O. Ensor (Center for the Study of Youth and Political Conflict, U of Tennessee).
Even before the recent resurgence of conflict in South Sudan, secondary displacement was a common phenomenon among repatriated refugees, especially those from the youngest generations. Having been effectively urbanized during their exile, refugee children and youth were often not interested in, or adequately prepared for, the rural lives that commonly awaited them upon return. Many felt compelled to seek more suitable alternatives elsewhere, usually in already overcrowded cities where they competed with the local urban poor for the limited resources and services available. The majority of the larger towns in South Sudan were affected by this trend prior to the current unrest that has once again plunged the country in a state of violence and uncertainty, generating new waves of displacement. Whether young displacees ultimately settle back in their geographic origins, or seek safety elsewhere and under which circumstances, remains far from established as South Sudan struggles with the ongoing crisis. Nevertheless, given the very high proportion of children and youth among the displaced population, the experiences of this age group must be better understood and factored into refugee programming if durable solutions are to be found.
Malaya boleh? Local integration prospects and options for children and youth in Kuala Lumpur. Elzbieta M. Gozdziak (Institute for the Study of International Migration, Georgetown University).
Cities are quickly becoming the main sites of humanitarian response. Determining the appropriate level of assistance can be complicated, however, since refugees often live in neighborhoods with marginalized local populations that are also in need of greater attention. Many of these challenges encountered by urban refugees are similar to – and largely inter-dependent on – those facing other vulnerable groups within urban areas. Coping strategies are often similar as well, creating the potential for both cooperation and competition between displaced and local groups. Thus, the plight of urban refugees—including children and youth-- must not be treated in isolation but is best addressed in the broader context of the urban poor. Building on previous work in Amman and Cairo, this paper seeks to understand the prospects for local integration of refugee children and youth in Kuala Lumpur, Malaysia by examining their access to shelter, food and physical security, education, healthcare, and livelihoods; discussing the evolution of Malaysian policies on refugees and international migrants; and analyzing the involvement of civil society in facilitating local integration of refugee children and youth.
Local integration as a durable solution for unaccompanied minors: does encampment achieve this? Arnold Kwesiga (Refugee Law Project, School of Law, Makerere University)
As refugee agencies, the ultimate goal of safeguarding the rights and protection of all forced migrants is ensuring the availability of an appropriate durable solution. Though international policies front repatriation as the most viable for separated and unaccompanied children (UAM), they often face increased barriers due to their vulnerable state and inability to self-identify as being in dire need of protection. In Uganda, the government’s policy of encampment yet at the same time offering local integration as a durable solution is if anything defeatist. Settlement camps are set up way out of the vicinity of the local communities, yet again naturalization as a way of attaining citizenship is not an option for refugees. Hence, even where an UAM has local integration as a durable solution on offer, they will forever remain refugees. This paper will discuss the underpinnings of encampment in the context of local integration as a durable solution for UAM. It will also explore the obstacles UAM face in their Refugee Status Determination processes and how these affect durable solutions in general with a focus on local integration.
Implications of immigration law and policy for migrant children resettled to Canada: Findings from a social age analysis. Johanna Reynolds (PhD Candidate, Geography, York University) and Christina Clark-Kazak (Associate Professor, International Studies, York University)
Age and generation are central to migration processes of resettlement. While government policy and research indicate that one’s chronological age at the time of migration has a significant impact on durable solutions in terms of resettlement and integration outcomes, less has been written about the conceptions of social age throughout this process. Social age refers to the socially constructed meanings and roles ascribed to different stages of the life course and provides the theoretical framework for our analysis. Using data from interviews, archival research and discourse analysis, this paper highlights the implications of these age-specific provisions on the resettlement of migrant children to Canada. It highlights positive and negative discrimination on the basis of migrants' age, and coherence and incoherence in relation to these age-specific provisions, both within current legislation, policy and programming, and in historical context. The authors conclude with recommendations to make Canadian migration law and policy more child-friendly, with reference to broader implications for social age mainstreaming within the context of resettlement to a third country.
The Colombian Situation, Child Forced Migration and the Brazilian Resettlement Program.Patrícia Nabuco Martuscelli (Centro Scalabriano de Estudos Migratórios)
This paper studies the Brazilian resettlement program and its impact on the Colombian children. Its main objective is to show which are the main challenges faced by this group, considering its specific needs and the Brazilian society and culture. In 2004, the Brazilian government recognized the pressure that the Colombian refugees’ fluxes caused in its neighbors (Venezuela and Ecuador) and proposed a Regional Solidary Resettlement Program to receive Colombian families in need. Today, the Brazilian Program receives Colombian families in Ecuador that are resettled in the states of São Paulo and Rio Grande do Sul. Another Brazilian innovation is the fast track procedure, a mechanism to help people that demand an urgent resettlement. It is important to analyze this program considering the child’s needs because this group is ignored in academic research and their voice is not heard. This paper is also important because it considers the specificities of the Colombian case: the recruitment of children to be used as child soldiers and the impossibility of integration in the first asylum country (most of the times Ecuador and Venezuela) because of discrimination problems.
Transition to adulthood. Narratives of Colombian refugee youth. Juliana Arantes Dominguez (Núcleo de Estudos da Polulação; Universidade Estadual de Campinas)
The aim of this paper is to present discourse analysis, understood as a social practice, of Colombian youth aged 19 to 23 years within the framework of the transition to adulthood. The youths were living in Ecuador and Brazil for 6 years. They arrived accompanied by their mothers and siblings through the Refugee Resettlement Program in the state of São Paulo in 2005. The program comes within the framework of the Declaration and Plan of Action of Mexico 2004 seeking durable solutions for refugees of high vulnerability in Latin America. The narratives were collected to demonstrate the effects of forced displacement on the youth’s life projects, dreams, and life stages.
Pathway of New Americans: The Nepali-Bhutanese Refugee Youth. Sreeja Balarajan (EASOL Program, Richmond, VA)
This paper focuses on the aspect of third country resettlement offered as a ‘durable solution’ to the Nepali-Bhutanese refugees. Since the large-scale resettlement of the Bhutanese refugees into the US, there has been an immense body of literature on the resettlement process and the community. However the focus on young resettled Bhutanese has been comparatively few. Studies have focused on resettled youth from different countries on issues as varied as trauma, conflict, gang violence etc. The Bhutanese refugees offer a different scenario for understanding the challenges faced by the resettled youth. The Bhutanese population was resettled into the West after nearly sixteen years in Nepal, ethnically similar but differentiated by their refugee status. How do the refugee youth differentiate between their ethnic identity and their national-Bhutanese identity? How do they narrate and navigate their/ this identity in the US? The paper aims to examine the process of resettlement through the notion of ‘being literate’. It seeks to understand the associations that come through this notion for both the youth and the older generation. How does this impact the resettled refugee youth’s notion of belonging and ultimately becoming a citizen in the resettled country? Factors like language skills and barriers, intergenerational conflict, change in family hierarchies, and identity crisis are important issues faced in this community. Examining these would allow focus on whether or not the official structures specifically address the need of resettled refugee youth. What are the spaces thus identified?
Demography of Refugee and Forced Migration Refugee and other forced migrations have increased substantially in scale, complexity and diversity in recent decades. These changes have meant that traditional approaches to management and solution of refugee and other forced migration situations and protection of refugees have become less appropriate. Demography has an important contribution to make in this space. While other disciplines (especially anthropology, law, political science and international relations) have made major contributions to refugee and forced migration studies, demography has hitherto not contributed very strongly to this topic. The presentations included in this panel seek to, on the one hand, specify what is involved in a demographic approach to research into forced migration and, on the other, identify findings of demographic research which can contribute toward better policy making in this important area.
The presentations in this panel are based on selected chapters of a book on Demography of Refugee and Forced Migration that will be published by Springer in 2014. The presenters will discuss how demographic research can contribute toward a better understanding of refugees by focusing on levels and trends of refugee migration, characteristics of refugees, and pathways by which refugees and forced migrants are integrated/adapted to host societies. The importance of demographic research for developing relevant policy and programme recommendations for providing protection for forced migrants, the solution of refugee and other forced migrant problems and maximizing the benefits of such migration to origin and destination areas are also discussed.
Abbasi, Hugo, McGrath & Crisp: Demography of Refugee and Forced Migration: Theories, Methodologies, and Contributions
Kraly: Behind and Beyond Disaggregation by Sex: Forced Migration, Gender and the Place of Demography
Abbasi & Sadeghi: Adaptation of Second-Generation of Refugees into host societies: The case of Afghan refugees in Iran and Australia
Martin: Demographic Research, Forced Migration and Refugee Policy
Construcción de soluciones sostenibles en Colombia
Andrés Felipe Oviedo: Ley de Víctimas: Una mirada desde las soluciones duraderas.
El fenómeno del desplazamiento forzado, se presenta hoy como uno de los temas de mayor relevancia en el estudio de las migraciones. Evidencia de esto es que para el año 2012, de acuerdo con el Centro de Monitoreo del Desplazamiento Interno, existía en el mundo un total 28.8 millones de desplazados, 5.5 de ellos en Colombia.
En este sentido, atendiendo también a los compromisos internacionales adquiridos por el gobierno colombiano en materia de protección a la población desplazada, se sanciona por parte de éste la Ley 1448 de 2011 orientada a la atención y reparación de víctimas. Dicha ley, reconoce el desplazamiento como un hecho victimizante, establece un enfoque diferencial en la atención a la población desplazada y dedica un capítulo entero a procedimientos que apuntan al tratamiento de dicha población en especial.
Ahora bien, dado que el Marco de Soluciones Duraderas Para los desplazados Internos, elaborado por el IASC, establece las soluciones duraderas que se podrán adoptar para la atención a la población desplazada , y teniendo en cuenta que en dicho marco se establecen diferentes criterios de verificación sobre la implementación eficaz de cada una de las soluciones, se pretende por medio del presente ensayo realizar un análisis del diseño de la ley de víctimas, desde la perspectiva del cumplimiento de los criterios brindados por el IASC para la evaluación de las soluciones. De igual manera, se pretende presentar los principales retos que el diseño de la ley enfrenta en cuanto a la observancia de dichos criterios, para finalmente concluir con la sugerencia de algunas recomendaciones para la consecución de los mismos.