Pene would like to thank Sue Powe for her exceptional skill in organizing the diary and creating space for research and writing. Finally, we would like to thank our families for their constant support, love and encouragement.
THE SYRIAN REGIONAL RESPONSE PLAN
They are the international response to the Syrian refugee crisis and Australia's move to use its regional neighbors to process and resettle unauthorized boat arrivals. On the one hand, neighboring Syria bears the brunt of the Syrian refugee crisis.
SUCCESSES, CHALLENGES AND THE RISK OF CONTAINMENT
11 Jeff Crisp et al, From Slow Boil to Breaking Point: A Real-Time Evaluation of UNHCR's Response to the Syrian Refugee Emergency PDES/2013/10 (UNHCR Policy Development and Evaluation Service, 2013) 3. A review of UNHCR's response to Syrian crisis has argued that limited resettlement can nevertheless play an important role, as it can provide protection to a small number of particularly vulnerable refugees and serves to reassure 'host countries and communities that the international community shares responsibility for the Syrian refugees'. 27 Others have been more critical of the international community's very limited response.
REGIONALISM AS DETERRENCE AND
While Germany offered 28,500 resettlement places for Syrian refugees in 2014,26 similar offers from other countries are rare and small in relation to the number of displaced persons. While this aid is certainly important, we believe it illustrates a paradigm of containment that is unsustainable and dangerous, rather than an approach that more equitably shares responsibility for individual refugees among the wider community of countries outside the current host region.
RESPONSIBILITY-SHIFTING: DEVELOPMENTS IN AUSTRALIA
Statistics show that the share of the global number of refugees sheltered in developing countries has increased from. Further problematic language occurs in relation to the agreements with Papua New Guinea, Nauru and Cambodia in the use of the word "regional", particularly in the phrase "regional cooperation".
LEARNING FROM PAST AND PRESENT REGIONAL ARRANGEMENTS
AN INTRODUCTION TO THE KEY CONCEPTS EXPLORED IN THIS BOOK
Finally, the book examines the notion of regionalism as it is implemented, consciously or not, through these refugee protection schemes. Some regional refugee protection schemes may be regional only in the sense that they cover states in a particular geographic part of the world.
STRUCTURE OF THE BOOK
The origin and impact of the refugee flow in question may be largely confined to a certain geographical region of the globe; states in this region can participate in the agreement; and the agreement may be adopted under, or otherwise include, a regional organization such as the European Union, the African Union, or the Organization of American States. Finally, we examine possible reasons to promote regional arrangements for sharing refugees and possible weaknesses of regional approaches.
REGIONALISM IN INTERNATIONAL POLITICS
Examples include the United States in the Americas, and Russia and Uzbekistan in Central Asia. Security Council and the slow progress with the translation of human rights into the two major treaties – the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.19 Regionalism gained momentum in the late 1980s, much scholarship about the 'new regionalism'.20.
REGIONALISM AND REFUGEES IN HISTORICAL PERSPECTIVE
Customary international law is particularly slippery due to the lack of judicial decisions in the international legal system. 52 The Persistent Objector Principle was upheld by the International Court of Justice in the Anglo-Norwegian Fisheries Case: Fisheries Case (United Kingdom v. Norway) (Judgment) [1951] ICJ Rep.
THE FIVE MAJOR REGIONS OF THE WORLD: AN OVERVIEW
Very few states in the Asia-Pacific region are parties to the Refugee Convention and/or the Refugee Protocol. 143 See the discussion of the regional cooperation framework in the Introduction to this book.
THE MERITS OF REGIONAL ARRANGEMENTS FOR REFUGEES
A final motivation for regional cooperation on refugee protection is the greater possibility of uniform agreement between the nation-states in the region. Regionalism can also create differences in treatment between different regions of the world, and it can undermine the pursuit of universality in the protection of refugees' rights. Resettlement outside the region of refugee flows can be hindered when resettlement states adhere too closely to the Refugee Convention definition of refugees, while other regions use broader definitions that include all victims of general violence.
CONCLUSION
Many states that are party to the Refugee Convention do not fulfill its obligations in practice.5 In two regions of the world – the Asia-Pacific region and the Middle East – the majority of states do not have express, binding and written made commitments towards refugees. One of the key arguments in this book is that the Convention has a significant gap with respect to responsibility sharing in relation to refugees. 9 See discussion in Terje Einarsen, 'Drafting History of the 1951 Convention and the 1967 Protocol' in Andreas Zimmermann (ed), The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol: A Commentary (Oxford University Press, 2011) ) 37.
MORAL AND PHILOSOPHICAL UNDERPINNINGS OF REFUGEE PROTECTION
The religious foundations of asylum have been emphasized by the Organization of the Islamic Conference (OIC). The protection of the stranger is also deeply rooted in Christianity.18 Two examples in the Bible are the parable of the Good Samaritan19 and the description of the Day of Judgment in the Gospel of Matthew. The primary justification for taking responsibility for refugees rests on the necessary circumstances of the refugee and the desire to avoid this.
MORAL CULPABILITY FOR CAUSING OR CONTRIBUTING TO REFUGEE FLOWS
This leads to a consequentialist argument for the protection of refugees, which we discuss next.
CONTAINMENT’S IMPOSSIBILITY AND CONSEQUENCES
Over the past decade, the number of refugees sheltered in the developing world has risen from 70 percent to 86 percent.70. The confinement of refugees in the global south in situations where they are not adequately protected leads to or exacerbates a multitude of problems that can adversely affect states' interests. The literature on the causes of militarization of refugees in camps is still in its infancy and subject to ongoing debate.
ARE REFUGEES A BURDEN OR A BENEFIT?
108 UNHCR, The State of the World's Refugees: Fifty Years of Humanitarian Action (Oxford University Press, 2000), 49. Depending on the situation of the individual household, the positive and negative impacts will play out differently, but overall the study has significantly established more important positive impacts on the host area than negative ones. 2 Final Act of the United Nations Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons, A/CONF.2/108/Rev.1 (July 25, 1951).
WHY IS THERE SO LITTLE INTERNATIONAL COOPERATION IN REFUGEE PROTECTION?
Betts acknowledges that refugee protection may not be a completely pure global public good, in the sense that states can receive both private and public benefits when providing protection to refugees. The fact that states earmark many of their donations to UNHCR for projects that align with their political and cultural interests supports this recognition of refugee protection as an impure global public good. However, Betts maintains that the concept of public goods is still valid insofar as it underlines 'that the partially non-excludable nature of many of the benefits of protection can lead to free riding' (Alexander Betts, 'Public Good Theory and Insurance of refugee protection: The role of the joint product model in the theory of burden sharing Journal of Refugee Studies274, 276).
WHY STATES SHOULD SHARE RESPONSIBILITY FOR REFUGEES
Why would a state that is likely to be the first country of asylum participate in the international refugee regime if it knows that the rest of the world will not assist it in meeting its international obligations. Member States of the International Maritime Organization (IMO) attempted to address this shortcoming in 2004 by amending the International Convention for the Safety of Life at Sea (SOLAS Convention)42 and the SAR Convention, as well as the accompanying (non-binding) IMO Guide- 43 Under Chapter 3 of the SAR Convention, states agree that they will cooperate in 'identifying the most suitable places for disembarking persons in distress at sea'. The Parties shall coordinate and cooperate to ensure that the masters of ships providing assistance by embarking persons in distress at sea are released from their obligations with minimal further deviation from the intended voyage of the ship, provided that the release of the ship's master from these obligations.
HOW SHOULD STATES SHARE RESPONSIBILITY FOR REFUGEES?
UNHCR regularly reports that it receives only 60 percent of the funds it needs to meet the global needs of refugees.138. Memorandum of Understanding between the Government of the Kingdom of Cambodia and the Government of Australia, relating to the settlement of refugees in Cambodia (signed and entered into force 26 September 2014). There are several examples of the successful use of TDA as a strategic tool to improve the local integration of refugees in developing countries.
HOW SHOULD RESPONSIBILITY FOR REFUGEES BE DISTRIBUTED AMONG STATES?
If we focus on financing refugee protection, wherever in the world it may occur, responsibility must be based on the ability of a state to pay. We touch on these factors in the paragraphs below and consider proposals for responsibility sharing based on common but differentiated responsibility and comparative advantage. Just as the allocation of responsibility for hosting refugees should be based on a state's absorptive capacity (and, we would argue, protective capacity), the financial allocation of responsibility in the area of refugee protection should be based on a state's ability to to pay
HOW RESPONSIBILITY SHOULD BE DISTRIBUTED
In conclusion, guilt should only be considered a relevant factor in determining the division of responsibility if the State concerned has accepted responsibility for the displacement of refugees and is willing and able to assume greater responsibility for the protection or financing of the protection of refugees than he would. normally assigned. Including the refugee-producing country in the financial division of responsibility may be feasible in certain situations, especially when the refugee-producing country is economically much stronger than the host country and when the persecutors in the refugee-producing country are not part of the government of that state. For example, Colombia has provided some financial support to the Ecuadorian government to help protect Colombian refugees fleeing the general violence and persecution in Colombia.202.
PRELIMINARY CONCLUSIONS
CIREFCA provided both the local integration of refugees in refugee-hosting countries and the repatriation of refugees to their countries of origin. For example, imagined community in the sense of shared values can provide a motivation for refugee protection. The Comprehensive Plan of Action for Indochinese Refugees (CPA) is an example of a responsibility-sharing agreement in the Southeast Asian region.
THE 1979 ARRANGEMENT
From the outset, the conference sought to distribute the responsibility for protecting refugees among states primarily on the basis of economic and social capacity, given the size of the outflow of refugees.6 The responsibility for refugees was assigned to states based on their categorization as countries of first asylum or of final settlement, while the countries of origin were encouraged to respect free movement.7. At the end of the conference, the states agreed to this distribution of responsibility and made firm commitments to its implementation. 15 Memorandum of Understanding between the United Nations High Commissioner for Refugees (UNHCR) and the Government of the Socialist Republic of Vietnam regarding the orderly departure of persons wishing to leave Vietnam for.
THE COMPREHENSIVE PLAN OF ACTION
Under the new agreement, government bodies in the countries of first asylum were responsible for determining the status of asylum seekers, with UNHCR providing oversight and guidance.38 The agreement provided that persons found to be refugees would be resettled in third countries, persons determined to be who were not refugees would return to Vietnam.40 The relevant law for determining refugee status throughout the region was the 1951 Refugee Convention and its 1967 Protocol, supplemented by the UNHCR Manual on Procedures and Criteria for Determination of Refugee Status. .41 Convention and. 36 UN General Assembly, Declaration and Comprehensive Plan of Action of the International Conference on Indo-China Refugees, Report of the UN Secretary-General Doc A September 1989) Regarding the region-wide RSD process developed at the 1989 conference, opinions on the mechanism's effectiveness were similarly mixed. 62 Human Rights Watch, Abuses of Vietnamese Asylum Seekers in Final Days of Comprehensive Action Plan (1 March 1997) Arguably, one of the major failures of ICARA was its limited success in allowing the local integration of refugees in the countries of first asylum so that they could become agents of development. After ICARA, many commentators reflected on the failure of the conferences to provide lasting protection dividends for refugees and host communities. From the beginning, the protection and reintegration of refugees was also closely linked to the social and economic development of the Central American region. As regards the return of refugees to their country of origin, CIREFCA generally ensured that repatriations only took place if the refugee consented to the return. Despite this achievement, there were some problems with the implementation of the voluntary return programmes. These organizations also had different views on how to approach the needs of refugees in the region. DUBLIN AND THE ALLOCATION OF RESPONSIBILITYTHE OUTCOMES OF THE CPA
THE OUTCOMES OF ICARA
THE OUTCOMES OF CIREFCA
