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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Migration Series | From branding to bottom-up ‘sheltering’: How CSOs are helping to address migration governance gaps in the shelter city of Granada

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Granada is one of the few Spanish cities that established itself as a ‘shelter city’ for migrants, but despite the city administration’s pledge in 2015 to improve migration governance, bridge divides, and promote community building between migrant and non-migrant communities, selective indifference towards migrants persists. In light of several governance gaps caused by the failure of local authorities in Granada to go beyond the mere branding and enactment of the concept of shelter cities, various civil-society organizations (CSOs) have launched initiatives aimed at alleviating these tensions and are filling the gaps left by local authorities, writes former ISS MA student Christy Gamboa.

Government of Granada shelter city campaign “Granada, ciudad solidaria y de abrazos abiertos” (Granada, city of solidarity and open hugs).

During the ‘refugee crisis’ in 2015, some cities in Spain declared themselves shelter cities, which are supposed to be places in which migrants and refugees can safely reside and receive assistance from the local government. They did so in a bid to counter the restrictive policies on migrants and refugees that the Spanish government had instituted in response to this ‘crisis’. These initiatives besides offering immediate housing and basic support were also aimed at improving the day-to-day governance of migration by addressing governance gaps at the national level and promoting community building between migrant and non-migrant communities at the local level.

Granada, a city in southern Spain with around 230,000 residents, became a ‘shelter city’ following pressure placed on the local government by RedGra (Red Granadina por el Refugio y la Acogida—Granada Network for Shelter and Reception), a network of around 40 CSOs advocating for migrant rights who identified the need to create a safety net for migrants. Because the city’s actions since it started to call itself a ‘shelter city’ have been focused merely on providing temporary support in some cases to migrants and on creating public campaigns focusing on the ‘shelter city’ brand, the various active CSOs in Granada forming part of RedGra provide bottom-up shelter to migrants in different ways.

Research I conducted last year as part of my master’s degree examined the extent of coexistence of solidarity, tensions, and conviviality within Granada as a shelter city, focusing on the actions of CSOs working with migrants. When conducting my fieldwork in Granada as part of my research, I interviewed several organizations within RedGra that help migrants and refugees from primarily Northern Africa. I identified persistent tensions within the city and witnessed bottom-up actions by CSOs to counteract them, such as by providing material support such as food and housing, promoting inclusive spaces, reporting discriminatory actions, and raising awareness among residents of Granada about the challenges that migrants face. These are described in more detail below.

 

Tensions in the ‘shelter city’

The city of Granada has a reputation for peaceful coexistence among people of diverse origins and religions, supposedly due to the harmonious living together of Muslim, Christian, and Jewish communities during the time of Al-Ándalus in medieval Spain. However, the CSO representatives I spoke to revealed that rising racism in the city is a major concern, and that the perceived reputation of enabling peaceful coexistence is nothing but an illusion. Particularly, my interviews with Dar Al Anwar and AMANI revealed that there is significant tension among residents of Granada due to unwelcoming attitudes local residents hold towards migrants who originate from Muslim-majority countries.

During the ‘crisis’, when the number of migrants surged, these tensions grew. Since then, several instances of open discrimination or harassment of migrants could be witnessed. The discontent of some Granadans has repeatedly been expressed publicly in the past few years, with women being kicked out of public swimming pools for wearing full bathing suits (burkinis). However, I was told that there are other examples of conflicts linked to the freedom of religious expression. For example, the respondents mentioned that local authorities resisted the celebration by Muslims of important religious festivities such as Eid Al Adha in public spaces by not granting them permission to do so. Catholic celebrations on the other hand are widely celebrated in public spaces without any issues.

Another issue in Granada is the inadequate support that has been provided by local authorities to migrants. The local government offers only temporary housing, leaving many people on the streets. Furthermore, tensions among migrants themselves are exacerbated by differential treatment based on their country of origin. A former public servant who volunteers at AMANI for example stated that “the public administration has a bureaucratic system that is a little bit racist that makes it difficult for some foreigners,” referring to the existence of differential treatment based on the migrants’ country of origin. This differential treatment is exemplified by the Municipal Council of Migration’s prompt response and activation of the Shelter City Protocol to accommodate asylum seekers from Ukraine, rapidly giving them access to accommodation and legal documentation to stay in the city. In contrast, people coming from conflict zones outside of Europe have been waiting for more than five years to obtain their documentation to reside legally in the city. These examples demonstrate how ongoing tensions—visible in hostile attitudes and inadequate policies alike—infringe on what a shelter city promises to be.

 

How CSOs are helping to alleviate tensions

In the midst of these widespread tensions in Granada, CSOs in Granada have come to play a crucial role in bringing together the local community, government, and newcomers or migrants. Their proximity to these communities gives these organizations first-hand knowledge of the respective needs of the different groups and allows them to facilitate initiatives that help to prevent disunity and foster understanding and tolerance.

All CSO representatives noted the importance of creating spaces where people can safely get to know each other. For example, the CSO Zona Norte facilitates the Verano Abierto Cartuja (Cartuja’s Open Summer) event, which is held each year in a neighbourhood with a high concentration of people with diverse migration backgrounds, with people coming from Morocco, Romania, Senegal, and Bolivia, amongst others. This event is part of an intercultural strategy to promote conviviality between neighbours in the north of Granada. It allows residents of all ages, origins, and religions to leisurely share knowledge through workshops on healthy drinks, dance, sports, and a language exchange.

Several organizations, including Zona Norte and ASPA, also emphasized the importance of listening to the needs and ideas of the people in the community in which they’re active. For example, ASPA’s community-building project involves young migrants serving as intercultural agents by sharing their migration journey experiences with non-migrants while also promoting intercultural dialogue through art therapy and classes on body language. Another initiative ASPA launched was the creation of a manifesto that was directed at the ombudsman of Granada through a rap song to claim their rights to the city.

The CSOs’ approach of facilitating bottom-up initiatives that involve migrants in the setting of agendas and development of activities offers a meaningful and holistic solution to the lack of support from the municipality. By giving migrants a voice in choosing the activities that they perceive would benefit them more, CSOs promote inclusion and reduce alienation. Their activities focus on building relationships based on shared interests, rather than highlighting differences in origin, thereby creating spaces for interaction between migrants and the host society.

 

How CSOs help contribute to improved migration governance

My study of Granada highlights the often-overlooked significance of civil society in addressing governance gaps, both in academic and policy debates. The presence of bottom-up initiatives showcases the essential role and positive impact that civil society can have in effectively addressing the existing gaps in migration governance. The establishment of Granada as a shelter city was a positive step, but tensions and prejudices towards migrants persist. CSOs take a holistic approach that listens to the diverse needs of migrants, promoting their well-being and strengthening their relationship with the host society. In contrast, the municipality’s commitment falls short as it merely labels the city as a shelter without taking further action to address the underlying issues and actively support migrant communities. Moreover, by creating spaces that encourage intercultural exchange and meaningful participation, CSOs aim to prevent conflicts and reduce social polarization. They promote autonomy, equity, and social inclusion for migrants, going beyond basic needs.

Read the other topics on the migration series:

How does a place become (less) hostile? Looking at everyday encounters between migrants and non-migrants as acts and processes of bordering.

From caminantes to community builders: how migrants in Ecuador support each other in their journeys.

“Us Aymara have no borders”: Differentiated mobilities in the Chilean borderlands

Precarity along the Colombia–Panama border: How providing healthcare services to transit migrants can foster new logics of inclusion and exclusion

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

About the author:

 

Christy Gamboa holds a MA in Development Studies from the International Institute of Social Studies. She is a recent graduate from the Major in Governance of Migration and Diversity with a specialization in Public Policy and Management. She is currently a Junior Programme Officer in the Rights-Based Justice Team at the Netherlands Helsinki Committee.

 

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