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refugees
This page considers refugees in relation to passports
and visas.
It covers -
It
supplements broader discussion elsewhere on this site
in relation to human
rights.
Philosopher Eugene Kamenka noted that
The
world is full of refugees. There are refugees fleeing
hunger; there are refugees fleeing war. They run for
their lives or for their freedom: they run from invaders
or their own governments, from natural disasters or
from man's inhumanity to man, woman and child.
They have been bombed in their shelters and machine
gunned on the roads, they have been hunted, starved,
raped and murdered, betrayed and vilified, driven out
of one country and refused admission into another. They
are, some for a period, some for the rest of their lives,
among the wretched of the earth
By
definition a refugee is unable (or unwilling) to call
on the protection of the country of citizenship or habitual
residence that is manifested through a passport.
There is some acceptance in international law and statecraft
that a refugee is not expected to travel on or use a passport
from the country of origin for identification because
the agency responsible for passports forms part of the
government of which the refugee is fearful or which cannot
protect the individual.
That expectation was reflected in a 1951 UN Convention
that established the 'Convention Travel Document', a successor
to the 'Nansen Passport' for refugees under the League
of Nations. The Convention Travel Document is initially
issued by the state that determines refugee status
Initial international agreements on refugees centred on
issue of identification documents rather than legal protection.
The first identity papers - issued by police agencies
rather than by foreign offices - had authorised regulated
movement by Russian refugees, who gained an international
certificate of identification, valid for one year, for
travel within and between states. That regime was subsequently
expanded to enable identification of and travel by Armenians,
Greeks and other refugees. The 'Nansen passport' was renewable
but became invalid if the bearer returned to the country
of origin.
studies
For refugees see in particular James Hathaway's The
Law of Refugee Status (London: Butterworths 1991),
Atle Grahl-Madsen's The Status of Refugees In International
Law (Leiden: Sijthoff 1972), Guy Gill's The Refugee
in International Law (Oxford: Clarendon Press 1996),
M. Anne Brown's Human Rights & the borders of
suffering: The promotion of human rights in international
politics (Manchester: Manchester Uni Press 2002)
and Refugees and Forced Displacement: International
Security, Human Vulnerability & the State (Tokyo:
United Nations Uni Press 2003) edited by Edward Newman
& Joanne van Selm. Other work regarding human rights
is highlighted here.
Michael Marrus' The Unwanted: European Refugees in
the Twentieth Century (New York: Oxford Uni Press
1985) is an exemplary account, supplemented by Saskia
Sassen's Guests and Aliens (New York: New Press
1999), International Refugee Law and Socio-Economic
Rights: Refuge from Deprivation (Cambridge: Cambridge
Uni Press 2007) by Michelle Foster and The Uprooted:
Forced Migration as an International Problem in the Post-War
Era (Lund: Lund Uni Press 1990) edited by Goren Rystad.
Other works of value include Identities, borders,
orders: rethinking international relations theory
(Minneapolis: Uni of Minnesota Press 2001) edited by Matthias
Albert & Yosef Lapid, Refugee Rights & Realities:
Evolving international concepts and realities (New
York: Cambridge Uni Press 1999) edited by Frances Nicholson
& Patrick Twomey, Mistrusting Refugees (Berkeley:
Uni of California Press 1995) edited by Valentine Daniel
& John Knudsen, Beyond Charity: International
Cooperation and the Global Refugee Crisis (Oxford:
Oxford Uni Press 1993) by Gil Loescher, Refugees in
Inter-war Europe: The Emergence of a Regime (Oxford:
Clarendon Press 1995) by Claudena Skran and 'Unsecured
Borders: Immigration Restrictions, Crime Control and National
Security' by Jennifer Chacón in 39 Connecticut
Law Review 5 (2007). For the Nansen Passport see
'The Nansen Passport: A Tool of Freedom of Movement and
of Protection' by Otto Hieronymi in 22(1) Refugee
Survey Quarterly (2003) 36-47.
An Australian perspective is provided in the modish In
Fear of Security: Australia's Invasion Anxiety (Annandale:
Pluto Press 2001) by Anthony Burkea, Yearning to Breathe
Free: Seeking Asylum in Australia (Leichhardt: Federation
Press 2007) edited by Dean Lusher & Nick Haslam, Asylum
seekers: Australia's Response to Refugees (North
Carlton: Melbourne Uni Press 2001) by Don McMaster, Borderline:
Australia's treatment of refugees and asylum seekers
(Sydney: UNSW Press 2001) by Peter Mares and Protecting
Australia's Maritime Borders: The MV Tampa & Beyond
(Wollongong Papers on Maritime Policy No. 13) (Wollongong:
Uni of Wollongong 2002) edited by Chris Rahman & Martin
Tsamenyi. For Kisch see Heidi Zogbaum's Kisch in Australia:
the untold story (Carlton North: Scribe 2004).
For legal background see in particular Refugee Law
in Australia (Oxford: Oxford Uni Press 2003) by Roz
Germov & Francesco Motta, Future Seekers: Refugees
and the Law in Australia (Annandale: Federation Press
2002) by Mary Crock & Ben Saul and Migration and
Refugee Law: Principles and Practice in Australia,
2 edn (Cambridge: Cambridge Uni Press 2008) by John Vrachnas,
Kim Boyd, Mirko Bagaric & Penny Dimopoulos.
Works on deportation regimes are highlighted in the following
page of this note.
Other sites include the United Nations High Commissioner
for Refugees (UNHCR),
Human Rights Watch (HRW)
and the Australian Human Rights Centre (AHRC).
next page (deportation)
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