Refugees ,Asylees, And ImmigrantsWorldwide

Refugee:

One who flees in search of refuge out of the borders of his/her country, as in times of natural disasters, war, political oppression, or religious

persecution.

Who is a refugee?

Refugees flee because of the threat of persecution and they

cannot return safely to their homes in the prevailing

circumstances

A refugee is a person who is being persecuted because of:

- race, religion, membership of aparticular social

group,nationality or political opinion

The persecution is personal and individual: need to establish

individually that their fear of persecution is well-founded

Human rights violations are the main cause why people become

refugees

The Geneva Refugee Convention 1951(United Nations)

A refugee is a person who ”owing to a 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 to or, owing to such fear, is unwilling to avail himself of the protection of that country…”

The 1951 Convention relating to the Status of Refugees, 142 States Parties to the convention (July 1. 2003)

Cont...... Central to the convention is the principle of non-refoulement

the non-forcible return of people to countries where they face persecution is a part of customary international law

binding on all states the key provision stipulates that refugees should not be returned

to a country where he or she fears persecution

The 1951 Geneva Convention did not specifically address the

issue of civilians fleeing conflict, though in recent years major

refugee movements have resulted from civil wars, ethnic, tribal

and religious violence

- Africa‘s OAU Convention (Organisation for African Unity)

- The Cartagena Declaration in Latin America

Cont….

The main reason why people flee is human rights

violations. Without them there would be no refugees.

War, famine, environmental disasters or poverty are

often the final reasons for fleeing

Refugees cannot return to their home country until the

conditions there change and improve

Countries may not forcibly return refugees to a territory

where they face danger or discriminate between groups

of refugees

What is UNHCR?

United Nations High Commissioner for Refugees Established by the U.N. General Assembly in 1950 United Nations lead Agency on refugee affairs Staff of 6,100 personnel helping people in 116 countries Present High Commissioner Antornio Gutierres Mission: Providing protection for refugees, finding durable solutions

to the refugee problem and emergency assistance for refugees Assisting over 17 million people around the world

Refugees under UNHCR’s care

Continent 1.1.2002 1.1.2003 1.1.2004

Asia 8 820 700 9 378 900 6 112 500

Africa 4 152 300 4 593 200 4 285 100

Europe 4 855 400 4 403 900 4 242 800

North America 1 086 800 1 061 200 978 100

Lat. Am & Caribi 765 400 1 050 300 1 316 400

Oseania 81 300 69 200 74 400

Total 19 761 900 20 566 700 17 009 300

Statistics

The number of refugees has grown during the last 20 years:

In 1970 there were 2,5 million refugees

Now there are over 17 million the majority of them live in poor developing countries in refugee camps. They return home when the situation there calms down.

Out of these 17 million:

Over 9,7 million are refugees

4,4 million are internally displaced persons

0,9 million are asylum seekers

Over 900 000 are others of concern

Nations With the Greatest Number of Refugees

National Refugee Population End-2000

332,510414,930427,210484,390508,220

680,860

906,000

1,868,0002,001,470

0

500000

1000000

1500000

2000000

2500000

Pakistan Iran Germany Tanzania UnitedStates

Yugoslavia Guinea Sudan DemocraticRepublic of

Congo

Nations with the Greatest Concentration of Refugees

Refugees Per 1000 Inhabitants

14.2

26.7

11

19.4

1.8

45.9

52.4

13.3

40.6

0

10

20

30

40

50

60

The number of refugees a nation has is only part of the story. The concentration of refugees varies with the size of the host country’s population. When refugees represent a higher proportion of the nation’s population, the nation feels refugees’ presence and needs more acutely.

Where do refugees come from?Origin 2004 Main countries Total

of asylum

Afganistan Pakistan, Iran, Germany 2,084,900Sudan Uganda, Chad, Ethiopia 730,600Burundi Tanzania, DR Congo 485,800DR Congo Tanzania, Zambia, Congo 462,200Somalia Kenya, Yemen, Ethiopia 389,300

United KingdomPalestinians 350,600Viet Nam China, Germany, United States 349,800Liberia Côte d‘Ivoire, Guinea, Sierra Leone 335,500Iraq Germany, Iran, Netherlands 311,800Serbia & Montenegro Germany, Sweden, United Kingdom 250,600

Who is not a refugee?

A refugee cannot decide him/herself when to leave the country

or when to return home

A refugee is not a person who enjoys the legal protection of his

or her home country, for example someone fleeing the mafia is

not a refugee according to the Refugee convention

An immigrant is not a refugee, for he or she leaves the country

at will

An migrant is not a refugee as he or she leaves the country

often in search of a better living standard

Asylee:

A person in a foreign country or at the port of entry of a foreign country who is found to be unable or unwilling to return to his or her country of nationality, or to seek the

protection of his or her country because of persecution or a well-founded fear of persecution. Persecution or the fear thereof must be based on the individual’s race, religion, nationality, membership in a particular social group, or

political opinion.*

*Based upon U.S. INS Definition

Countries Receiving the Most Asylum Applicants

Industrialized Countries with the Greatest Number of Asylum Applicants

0

50000

100000

150000

200000

1994 1995 1996 1997 1998 1999 2000 2001Year

Nu

mb

er o

f A

ssyl

um

Ap

pli

can

ts

Australia

Canada

Japan

New Zealand

United States

Austria

Belgium

France

Germany

Netherlands

Sweeden

United Kingdom

Immigrant:

A person who comes to a country where they were not born in order to

settle there.

Countries Receiving the Most Immigrants

Inflow of Foreign Population

0

100

200

300

400

500

600

700

800

900

1998 1999 2000

Nu

mb

er

of

Imm

igra

nts

, In

Th

ou

sa

nd

s

USA*

Germany

Japan

UK

Italy

Canada*

France

Notes: * = Permanent inflows

Kenyan chapter refugee overview

Kenya hosted approximately 190,000 refugees at the end of 1998: some 140,000 from Somalia, about 45,000 from Sudan, 5,000 from Ethiopia, and 2,000 from other countries. Kenya also hosted some 7,000 Rwandans who were not classified as refugees but who lived in a refugee like situation.

About 8,000 Kenyans were refugees in Ethiopia. An estimated 200,000 Kenyans were internally displaced, although sources varied widely.

The number of refugees in Kenya declined in 1998 for the sixth consecutive year, from a peak of 400,000 or more in 1992. Up to 150,000 Somalis, some 70,000 Ethiopians, and smaller numbers of Sudanese and other refugees in Kenya have repatriated or resettled in third countries since 1992. Only six refugee camps remained open in Kenya at the end of 1998, compared to 16 camps several years earlier.

Cont…. Kenya also hosted about 100,000 stateless Nubians,

descendants of Sudanese whom the British conscripted in the early 1900s, and a number of stateless children of mixed Eritrean-Ethiopian marriages.

The camp complex at Dadaab hosted around 238,000 refugees at year's end; more than twice the intended capacity of 90,000.  At the beginning of 2008, Dadaab was already short about 25,000 shelters for refugee families.  The Ifo and Hagadera camps at Dadaab reached their maximum capacity as well. 

In early 2009, UNHCR began additional consultations with the Kenyan Government in regards to opening a new camp to deal with additional Somali arrivals as well as transferring as many as 50,000 to Kakuma camp located in northwestern Kenya hosting mostly Sudanese refugees. 

Internally displaced Kenyans ( IDPs)

Political and ethnic violence has caused families to flee their homes in three regions of Kenya in recent years.

In western Kenya, politically inspired violence during 1991-92 uprooted about 300,000 people and left some 1,500 dead. Sporadic violence has continued in western Kenya since then, including in 1998.

In the aftermath of national elections in December 1997, clashes in western Kenya killed at least 100 people and forced several thousand people from their homes in early 1998.

Displaced families, joining families uprooted in previous years, sought shelter in church compounds, schools, and market areas. Local church leaders and human rights investigators charged that officials in Kenya's ruling political party instigated the violence to punish local populations that had opposed the ruling party during elections

Cont…. International human rights organizations reported that attacks

in western Kenya increasingly involved rape, murder, and use of modern weapons.

Ethnic clashes also occurred in northern Kenya during the year. Some 150 people reportedly were killed.

A third area of violence and displacement, Kenya's coast, avoided significant new upheaval in 1998. Politically instigated violence in coastal towns in 1997 pushed tens of thousands from their homes as many as 100,000 people were uprooted, according to some estimates and many families in the coastal region remained displaced and afraid to reclaim their property in 1998.

Impact of refugees to a country There is a high risk diseases outbreaks spreading given

the extreme overcrowding leading to overstretching of essential stuff e.g water and sanitation services.

As a result of the overcrowding, some refugees are staying outside the parameters of the camp where there are no sanitation facilities at all.

Ethnic tensions and occasional eruptions of violence among the refugees is also witnessed.

Environmental degradation due to human activities and expansion of camps would harm the environment.

The refugee’s lives are also jeopardized by wild animals of endangered species

Overpopulation and country’s economic compressed.

Cont…..

Violence, banditry, and shootings are problems in these camps. Other Crimes include cases of rape, attempted rape, statutory

rape, assault, robbery, and theft.  Forced marriage and female genital mutilation continues in

camps, with those resisting occasionally being kidnapped.  Sexual and gender-based violence are particularly problematic.

Health and social workers in the camps lives are also at risk. There are also refugees and asylum seekers for illegal entry. Acute malnutrition; shortages occur through the sharing of food

with new unregistered arrivals and trading food for firewood and other essentials, including shelter.

Police stations generally have poor facilities, and typically hold men, women, and children in the same cell. prisons are severely overcrowded, and prisoners experience regular shortages of food, clean water, clothing, and medical care, as well as abusive treatment.

Mitigation measures in place Durable solutions to refugee flows include repatriation, host country

integration and third-country resettlement. Each of these solution is guided by the principle of voluntariness or refugee choice. Repatriation (i.e., the right of return) is also linked to the right to restitution of property. Of these three durable solutions, only return is recognized as a fundamental right in international law.

Law and Policy

Refoulement/Physical Protection Kenya is party to the 1951 Convention relating to the Status of Refugees (1951 Convention) and its 1967 Protocol, but maintains reservations on the Convention's clauses exempting refugees from exceptional and provisional measures, and providing the right to work, labor protection, social security, and administrative assistance. Kenya is also party to the 1969 Convention governing the Specific Aspects of Refugee Problems in Africa.

Cont.. The Act recognizes as refugees those with well-founded fears of

persecution on 1951 Convention grounds and, prima facie, those compelled to leave their countries because of serious disturbances in part or the whole of such countries.

The Act specifically authorizes the immigration minister to declare entire classes of persons to be refugees prima facie. It prohibits refusal of entry or return in any manner of persons to countries where they may be subject to persecution or where serious disturbances of public order threaten their lives or liberty.

Detention/Access to Courts UNHCR is able to occasionally monitor detention facilities

when officials, refugees' family members or friends, or nongovernmental organizations (NGO) inform that authorities are holding refugees or asylum seekers. 

The Refugees Act authorizes the issuance of identity cards or passes to "every refugee and asylum seeker" .

UNHCR and the Legal Resources Foundation have trained a

network of paralegals, including refugees, to assist detained refugees and report incidents to UNHCR. The Government provides free legal assistance only to those on trial for capital crimes.

UNHCR registers newly arriving refugees. They provide Mandate Refugee Certificates which serve as identity cards for registered asylum seekers.

Freedom of Movement and Residence

Countries confines the vast majority of refugees to desolate refugee camps . UNHCR documentation is treated as de facto authorization to live in places other than the camps..

Police routinely check papers outside camps to enforce movement restrictions.  UNHCR and local officials issue Movement Passes for refugees to leave the camps temporarily, typically for medical or other purposes, or for newly arrived refugees traveling to the camp.

The Refugees Act allows the immigration minister to establish camps and transit centers, but requires notice in the Gazette, consultation with the host community, and maintained "in an environmentally sound manner." It calls upon the Commissioner to manage and ensure sustainable use of resources in their areas.

The Governments gives them eligibility for international travel documents in coordination with UNHCR under Government's Department of Refugee Affairs.

Right to Earn a Livelihood   The Refugees Act subjects refugees to the same wage-

earning employment restrictions as other foreigners and calls upon the Commissioner to ensure that refugee economic activities do not have a negative impact upon host communities

Most countries in regard to the Convention’s

requirement to give sympathetic consideration to assimilating refugee rights to those of nationals. It is still obliged to accord refugees "the most favorable" treatment accorded to nationals of foreign countries. 

Convention's requirement that countries extends equal

treatment to refugees under its labor legislation. Nevertheless, most refugees do not enjoy such protection. They also lack documentation to acquire land, bank accounts, vehicles, and other assets.

Public Relief and Education;

Camp residents receive free health services and education. UN Development Assistance Framework for 2009-2013 includes implementation of the Refugees Act and refugee governance in its first priority area, Improving Governance and the Realization of Human Rights.

The Refugees Act also calls upon the Commissioner for Refugee Affairs to initiate projects promoting harmony between host communities and refugees and to advise the immigration minister on soliciting funds for refugee programs that help host communities.

Current status

UNHCR states that the global number of refugees is 9.2 million -- the lowest in 25 years. In a technical footnote on the statistical information provided in the report, the UNHCR notes that its mandate "covers all refugees.

The Palestinian refugee case is the largest and one of the longest standing refugee cases in the world today. More than 6 million persons, comprising around three-quarters of the Palestinian people, and nearly one-third of the global refugee population, remain without a durable solution to their plight

UNHCR's report, "The State of the World's Refugees: Human Displacement in the New Millennium," examines the changing dynamics of displacement over the past half decade

Cont…. As people return to former war zones, global numbers of

refugees are falling. The most protracted and largest of all refugee problems in the world, however, remains unresolved,

though the nature of conflict and migration patterns have

changed in the intervening decades, the convention has proved resilient in helping to protect people in all types of situations

Since 2000 there has been discussion on adapting the convention to better suit the demand and situations of modern times ;basically by dealing with,

- Internal displacement - Poverty - Environmental disasters and problems - Famine and hunger

Sources:

• “Population Data Unit, UNHCR, Geneva”, European Council on Refugees and Exiles

• “Population Data Unit, UNHCR, Geneva”, UNHCR Statistics

• “Asylum Trends in 28 Industrialized Countries”, UNHCR Statistics

• “Trends in International Migration,”

• World Health Organization

• United Nations refugee report 2009