Suggestions for Adaptation of UN and Other Refugee Treaties and Conventions that Can Make the World a Better Place for Refugees

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The UN Refugee Convention contributes to asylum and migration-related challenges in the EU, as well as the often inadequate reception of refugees globally. In this Opinion piece, Tom De Veer explains how some adjustments to the Convention could remove a key flaw that currently exacerbates these issues. If adopted in other refugee laws, treaties, and conventions, this change could have enormous positive effects on refugees worldwide.

 

Image Credit: Wikicommons

The core of the UN Refugee Convention is the principle of non-refoulement, which prohibits sending refugees against their will to places where they face risk. As a result, countries cannot simply deport asylum seekers to another nation. This principle explains the difficulties the United Kingdom encountered in attempting to deport asylum seekers to Rwanda and the opposition from the EU to Italy’s attempts to house asylum seekers in Albania. These objections arise because institutions such as the European Convention on Human Rights (ECHR) do not consider the reception conditions in many countries to be sufficiently safe.

However, when refugees flee to a country, the non-refoulement principle is satisfied because they were not forced to go there. This applies to 85% of the world’s refugees — those who lack the financial means to travel to wealthy nations. Instead, they live in often deplorable and sometimes unsafe conditions in nearby, usually poor, countries in their region. Although the UN Refugee Convention recommends that countries unable to accommodate refugees adequately receive assistance from other nations, it does not mandate such aid. In practice, this often results in insufficient support. Meanwhile, asylum seekers who can afford the journey to a Western country receive all social security benefits and eventually often become citizens of the country. Without changes to the current system, this disparity will likely worsen, as reports from the UN and the Intergovernmental Panel on Climate Change (IPCC) predict that refugee flows will increase significantly in the coming decades due to climate change and related conflicts.

It is therefore critical to develop better refugee conventions and build a robust infrastructure for the reception, accommodation and resettlement of (climate) refugees worldwide. This can be achieved by removing the non-binding nature of the UN Refugee Convention. If a poor country cannot adequately fulfill its obligations to refugee rights, wealthier nations should be required to assist. With this system in place, regional reception centres can be established or existing ones improved, allowing asylum seekers to be relocated to nearby countries where they can receive proper care. Wealthy countries will have a strong incentive to fund these initiatives to prevent asylum seekers from arriving in their territories. Refugees will then be more likely to choose nearby reception locations in their region, knowing they will ultimately be resettled there anyway. This system will also eliminate the need for expensive, dangerous and often deadly journeys to the EU.

Furthermore, individuals who do not genuinely need to flee their homes but seek welfare in wealthy nations will no longer be able to do so. They will remain in their home countries, as they will know they will be sent to reception centres in their region, where their hopes for greater prosperity will not be realised. This system will ensure that those who truly need protection can seek refuge in nearby, safe locations and will enhance that those who don’t stay home.

The safety of asylum seekers can be ensured in various ways. One option is to deploy UN peacekeepers to protect such locations, as is done in some existing refugee camps. However, these peacekeeping missions will only succeed if peacekeepers are given a strong mandate, including the authority to use force to protect refugees if necessary. This will require cooperation from involved countries and the international community’s commitment to providing such mandates. Another approach could involve establishing reception centres in safe countries, with guarantees from host governments to ensure the safety of asylum seekers. Foundation Connect International has conducted an initial assessment of countries that may be suitable for hosting asylum seekers in different regions, using safety as a key criterion, based on the Global Peace Index. For example, countries like Zambia emerged as potential safe havens.

Moreover, the definition of ‘safe’ may need to be reevaluated. According to the ECHR, very few countries meet all the necessary safety criteria for asylum seekers.

For this adaptation of the UN Refugee Convention to be effective, it must be embraced by other national and international refugee treaties, laws and conventions. The populations of the EU generally support such changes. In the Netherlands, for instance, a 2022 survey by Ipsos on behalf of Foundation Connect International showed strong public backing for the idea of properly accommodating asylum seekers in their regions. This was the preferred solution among nearly 70% of 3,000 Dutch citizens, largely regardless of their political views, with only 12% rejecting it.

In addition to regional reception, there is also a need to facilitate the return of refugees to their home countries once it is safe, and to address the root causes of migration, particularly poverty. Wealthy nations can assist by funding return programmes and making the proper reception of returnees a condition for aid and trade with the EU. As the cost of receiving asylum seekers in Western countries is, on average, 50 times higher than in poorer nations, a portion of the savings could fund these initiatives, as demonstrated by Foundation Connect International’s calculations.

By implementing these changes, wealthy countries would fulfil their responsibilities, supporting poorer nations in accommodating asylum seekers and accepting refugees from their own regions. As a result, refugees worldwide would be safely and properly accommodated in nearby countries. This would eliminate the current inequity where those with financial means can access safety in wealthy nations, while others are forced to survive in squalor in their regions.

Opinions expressed in Bliss posts reflect solely the views of the author of the post in question.

About the author

Mr. Tom de Veer is the director of the international NGO and consultancy bureau Foundation Connect International that specialises in water, sanitation and hygiene in developing countries. He also leads a lobby programme of Connect International that aims to mainstream cash transfers for life for people in developing countries in combination with reception of migrants in their regions to enhance support to all refugees worldwide and surrounding host populations.

t.deveer@connectinternational.nl

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COVID-19 | A political ecology of epidemics: why human and other-than-human diseases should push us to rethink our global development model by Fabio Gatti

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The recent COVID-19 outbreak has generated an incredible interest around public health in particular and other social issues in general. However, most commentaries have failed to look at the crisis from an environmental and ecological perspective. We need to look at the links between COVID-19 and the global environmental crisis in order to identify and address the structural causes leading to the emergence of the pandemic: increasing urbanization, an exodus from rural areas and the abandonment of peasant farming, the intensification of natural resource extraction, and the industrialization of agriculture.


Different epidemic, similar responses

I started getting familiar with diseases and epidemics last summer when I was looking at an agricultural pest outbreak in Apulia, southern Italy. At that time it was not humans who were considered at risk, but a different species: olive trees. The bacteria Xylella fastidiosa that arrived in Europe for the first time in 2013 endangered the survival of thousands of centuries-old olive trees. These plants in Apulia not only are an important agricultural asset on which many depend for their livelihoods, but also have a strong cultural value that relates to the history, the identity, and the landscape of a whole region.

In my research, with the risk of simplifying a bit, two different interpretations of the bacteria’s role in the desiccation of the trees were apparent on the ground: on the one side, a reductionist position considering the new pathogen as the one and only cause of the disease, and therefore concentrating efforts on ‘eradicating’ the bacteria from the countryside; on the other, a more holistic view stressing the fact that the bacteria was only one of the factors contributing to the trees’ pathology, and thus calling for a much deeper reflection on the structural causes of the outbreak.

For example, the abuse of pesticides and herbicides during the last decades, desertification due to climate change, depletion of water resources linked to the intensification of monoculture plantations, and the lack of traditional mantainance practices (e.g. pruning of ploughing) due to the rural exodus might have all together contributed to the weakening of the immune system of the olive trees and the contamination of the environment they are embedded in. Thus, addressing the wider social, economical and environmental factors which made olive trees especially vulnerable to the spread of the bacteria would have been another strategy to tackle the emergency.

What happened then strongly reminds me of the recent COVID-19 crisis: the Italian government declared a ‘state of emergency’ and the crisis was managed by creating an “infected area” in order to try to isolate the bacteria. Infected trees, after being isolated, had to be eradicated in order to avoid the contagion of neighbouring plants. Pesticides were employed in order to get rid of the insect responsible for carrying the bacteria from one tree to the other. The reductionist paradigm ended up dominating.

Spillover

“The real danger of each new outbreak is the failure—or better put—the expedient refusal to grasp that each new Covid-19 is no isolated incident. The increased occurrence of viruses is closely linked to food production and the profitability of multinational corporations”

(Rob Wallace, from this interview)

The current COVID-19 pandemic thus raises some important questions: is this pandemic just the effect of a random event, i.e. the accidental incursion of coronavirus SARS-CoV-2 into human bodies, or are there some structural reasons which we are failing to consider? Is this only a public health crisis, for which the goal should be to make sure that we can eradicate the virus in order to ‘go back to normal’ (e.g. developing a vaccine that makes us immune to it), or is this part of a global socio-ecological crisis that should push us to reconsider our global development model?

Some studies support the latter position. In his book Spillover: Animal Infections and the Next Human Pandemic, David Quammen claims that, while zoonotic diseases (infections caused by pathogens who jump from animals to humans—the so-called spillover) are not something new to humankind, what is relatively new is the frequency of such events. In the last 30 years, spillovers have happened at an unprecedented pace due to primarily deforestation and land use change caused by the expansion of agribusinesses, together with uncontrolled and explosive urbanization processes that have greatly increased the occasions of encounters between humans and wild species.

Intensification of animal farming also plays a role. In Big Farms make Big Flu, evolutionary epidemiologist Robert Wallace claims that intensive animal farming is responsible for the recent increase in new pathogens’ creation. More than that, the production of diseases is itself part of companies’ business models. Rather than just an unintended consequence of a genuine effort to ‘feed the world’ or achieve ‘food security’, the logic of agrifood corporations implies the externalization of health and environmental costs (such as the accidental generation of a new pathogen) to the public (animals, humans, local ecosystems, governments) while privatizing the profits resulting from their activity, in the most pure capitalist economic rationality.

And a recent position paper analyzing the spread of the infection in northern Italy claims that atmospheric particulate matter might have played a non-negligible role in the long-range transmission of SARS-CoV-2 virus in the area, and therefore adds another aspect to the relationship between COVID-19 and environmental degradation, in this case air pollution.

We cannot go back to normal, because normality was the problem

What can we do, then? The attempt of this post was to make clear that the biggest mistake we can make is to consider the COVID-19 pandemic as an isolated event unrelated with the global environmental crisis and to miss the connection with global capitalism, the expansion of commodity frontiers, and the intensification in the industrial mode of food production. COVID-19 and climate change are two sides of the same ecological crisis and should be addressed as such[1].

If we realize this, the crisis will open a great space for radical social change to be put in place. In a recent intervention on the Spanish newspaper El País, South Korean philosopher Byung-Chul Han reminds us that “the virus will not defeat capitalism, there will be no viral revolution: no virus is capable of doing the revolution”. It should therefore be us—civil society, progressive governments, development professionals, environmental activists—who gather momentum to foster radical change in what we believe development is, and making it what we want it to be.

[1] In a recent blog post, Murat Arsel looks at some similarities and differences between the COVID-19 crisis and the climate crisis, with the goal of learning something useful for climate change politics. He acknowledges that “the astonishing spread of COVID-19 could not have been possible without the incredible powers of global capitalism”, and calls for a different system “not so fundamentally focused on maximizing profits over all other concerns”. Still, he talks of the pandemic and climate change as two separate crises. My claim here is that, from a structural point of view, COVID-19 and climate change are in fact two sides of the same coin.

The author thanks Oane Visser and Fizza Batool for their comments on an earlier version of the post. This article is part of a series about the coronavirus crisis. Find more articles of this series here.


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About the author:

Fabio Gatti is a graduate from the Agrarian, Food and Environmental Studies (AFES) major at the International Institute for Social Studies (ISS) in The Hague. His current research interests speak to the fields of political ecology, science and technology studies (STS), environmental humanities, and post-development studies.