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Analysis of logic United Nations High Commissioner for Refugees "dogma" of the West and the West
ANALYSIS LOGIC OF THE COMMISSIONER FOR REFUGEES UNITED NATIONS (UHNCR) like "dogma" of the West and the West.
"I propose, taking men as they are and laws as they may be, to ask whether the political order of the organization accepts the principle that is both justifiable conducive to stability. I will try, throughout the investigation, to marry what is allowed law that requires the interest, so to balance justice and utility at each point "1.
There is no truth in ignoring the fact that the establishment of the UNHCR for political ends of the west and the west. This could be attributed to the historical background of the west during the two world wars. The League of Nations High Commissioner for Refugees was established with the aim of the problems created by Russian refugees. I will briefly explore UNHCR's role as a dogma in some countries of the world to lay the groundwork for my arguments. Also, I will use three logical propositions for my arguments.
The UNHCR has been a product of the Cold War created to address the protection of a certain set of people called "refugees". The term "Refugee" was defined in section 1A of the 1951 Convention as follows:
"For the purpose of this Convention, the term "refugee" the term applies to anyone who ... as a result of events occurring before 1 January 1951 and due to well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country: or who, not having a nationality as a result of such events, is unable or, owing to fear, is unwilling to return ".2
The representation of the above definition is analyzed as follows:
Proposition 1. If A is a citizen of C
Then A moves from C to D (because of violence, war, persecution, etc.)
Therefore A is covered by the obligation of UNHCR in D.
Proposition 2. If B is also a citizen of the C
Then, B moves from point p to q in C (due to violence, earthquakes, etc.)
Therefore B is not under obligations of UNHCR in C.
In this article, I look at on the basis of the above proposals, reveal shortcomings of the 1951 Convention and assert that the UNHCR is a political weapon of the West intended to achieve personal interests.
Proposition 1 above shows that a refugee is a person who crosses the border his country because of violence, persecution, war and so on. And this is the role of UNHCR to respond to that person regardless of background of the individual and race. A critical look at the role of UNHCR recently, it is necessary to question its existence and policies. A recent example that comes readily to mind is the fall-out from the earthquake that occurred in inHaiti, January, 2010. This earthquake has left hundreds of thousands homeless and killed many people. Online Radio Jamaica reported January 27 that some "Haitians were arrested and detained Bahamas because the Bahamian government argued that they were illegally moved to its territory'3. . Government official U.S. made a statement that all of Haiti to the United States before the earthquake protection. The implication of this statement is that those who been forced to move following the earthquake are not accepted. The most unpleasant statement came from a representative UN at one of the radio show that any country that wants to receive Haitians should ignore their voodoo. In addition, UNHCR has no presence Haiti, then why these comments. I reflected on the role of UNHCR saw what happened in Haiti. Basically, the role of UNHCR is to protect those people who left their country to another country in search of safety and not to be detained in another country. Well that UNHCR might want to claim that the state has the legal authority to do so, but what about the 1951 convention which stated that this person or persons should be protected at this time. I am not surprised by the statements of world powers (U.S. and UN) because UNHCR was created as a tool of world powers. Another example that is very obvious was observed in work on Tara Polzer legal framework. She said "Mozambicans in South Africa have never been submitted or protected by a right of refugees settled and structured" 4. The implication of this statement is that Mozambicans who came to South Africa due to civil war in their countries were facing many problems regarding their refugee status. I can not imagine that the UNHCR was supposed to protect the rights of Mozambican refugees South Africa during this period was used as a tool to traumatize Mozambican refugees. Mozambican refugees were supposed to enjoy their refugee status under UNHCR's objectives, but the reverse was true. Tara argues that 'In contrast, outside the territory of the country, Mozambican refugees were treated as illegal aliens under the Aliens Act (Act 96 of 1991) and its predecessors, and were actively sought and deported'5. Crush and McDonald cited in the book by Tara also said that "the regime of the CAA draconian expulsion was designed as a "thinly disguised state assault on forced migrants war-ravaged Mozambique." 6 In Furthermore, UNHCR was supposed to protect the rights of Mozambican refugees in South Africa illegally expelled some of them. Tara asks that "the UNHCR in collusion with the denial of free movement through the continuing restriction of the territory de facto refugees in the rural country, and the violation Articles 27 and 28of the 1951 United Nations ... 7. This means that the contradiction of the law that was supposed to guide UNHCR because of interest Policies state Mozambican refugees. I learned that some Mozambican refugees were also traumatized mainly because of their participation in the election in South Africa. Tara ,"... for the deportation of Mozambican refugees was an "act of parties political "revenge
Mangosuthu Buthelezi, the IFP's Minister of Foreign Affairs Ministry ... "8. In addition, Tara said UNHCR that "the reduction of the national campaign and Social Development Program funding for food for the Mozambican refugees in R11million R4million arguing that food aid would prevent people who want to return to Mozambique'9. The above examples really showed that UNHCR was not intended for individual countries or continents refugees because it is an element of bias and political interests in what they did.
I will explain later in the second proposal above regarding the role of UNHCR. Those in category B as shown above are displaced persons (IDPs). For example, Haiti has experienced more loss of life and materials in the history of the country because of the earthquake that took product in January, 2010. Hundreds of thousands have been internally displaced while some crossed the border to neighboring countries. The UN Convention of 1951 does not recognize this group of forced migrants because they had not crossed the border of their country as being in contradiction with the Universal Declaration of Human Rights of 1948 which declared that human beings should enjoy fundamental rights and freedoms. Even the so-called "Refugees" from the UN Convention of 1951 to meet the claimed do not have the laws declared particularly refugees Africa. My question of the proposal mentioned above is: should we say, that citizen B was displaced by religious crises, environment hazards, earthquakes etc., he / she has no right under the requirements of the UNHCR?
I discovered that there is no One legally binding law or agreement that displaced persons are. There were so many debates that IDPs should be included in the 1951 but in vain. Organization for the Coordination of Humanitarian Affairs seems to be the best option, but due to international politics, the body has never been given such a mandate. IDPs suffer from neglect so both national and international organizations. For example in Nigeria, there were religious crises recently in the northern part of the country where Christians and Muslims attacked each other and this has left many people homeless because the houses, mosques, churches, etc. have been burned. Hundreds of people have also died. At least, there should be a body (Other than the Red Cross) binding to test these individuals for consideration because the national government may not want to do something to help those involved, but if international law as the refugee is mandatory for they believe that the national government to ensure their case. At the end of the crisis after Jos in Nigeria, so that many families went there to pick up their relatives while others have been sent money back home. My question is, what about the victims who do not have someone? What would be their fate?
PROGNOSIS
There are so many scholars who have discussed and contributed to the amendment of certain laws refugees. Susan Martins suggested that UNHCR should: "the fight against the defending (1) the causes of forced migration, (2) boost early warning and crisis response refugee movements to avoid and mitigate impacts in the longer term, (3) to use humanitarian assistance in a manner that reduces tension, stabilizes communities, limit the potential for its diversion to military purposes, and reaches those who need it without unnecessarily requiring their movements to help, (4) encourage the safe and orderly return in a manner that supports peace and reconciliation 10.
In addition to Susan Martin, I suggest the Regional Convention or the laws that will include both refugees and displaced persons and other forms forced migrants to future events. What I meant by that regional law is that each continent should have a law that meets all forms of forced migrants, because migration can not be stopped and therefore we will remain refugees. My position
that international law refugees is for the West can be seen in the declaration below. Jeff Crisp in the work of Laura Barnett:
"The definition Logic of the OAU is in Africa, but not in industrialized countries. Taking a pragmatic line, you need public opinion on the European side and Western context is not ready for a definition of the OAU ... pragmatic, no new definition will be accepted and approved (by the actors concerned) 11.
The question is who are the relevant actors and relevance? Gervais Appave, Director of the Migration Policy Research at the IOM Geneva quoted in the book by Laura Barnett argues that "no country will not even reopen the debate on the definition of Convention refugee" 12.
The implication of the above statements is that the laws on international migration for political purposes to promote Western (Has its roots in the Russian refugees after the world wars) and traumatize other continents or countries of their interest. We have seen that the Convention 1951 has been created primarily for Refugees events occurring before 1 January 1951 and not universal or general purpose.
I therefore call on African leaders, stakeholders, NGOs, media, political leaders and the relevant authorities and countries to meet the challenge of protecting Refugees, displaced persons, forced migrants and other migrants under the Act, regardless of race or religion. In addition, they should be based on the universal law of human rights and fundamental freedoms. The proposal below is generated from the two proposals above and this is how laws governing refugees and other migrants should be:
Proposition 3. If A and B are C.
Therefore, A and B are under the same law U is in C or not.
The implication of the above proposal if there is evil presence as the war, and A is able to move out of the country and B is internally displaced, the law that guides the protection of A in the country destination B should also guide in his own country.
Finally, I recommend the refugee definition as stated in the 1969 OAU Article 1 of Article 2, which states that the term
"Refugee applies equally to all persons who, because external aggression, occupation, foreign domination or events seriously disturbing public order in either part or all of its country of origin or nationality, is compelled to leave his place of habitual residence to seek refuge in another place outside his country of origin or nationality ". 13
The above definition of refugee under the 1969 OAU Convention provides all Another form of forced migrants under its aegis, and I recommend it as a plausible definition of merge or replace the old traditional definition the 1951 Convention until there is the formulation of a law that would be legally binding on all types of forced migrants.
REFERENCES
- Jean Rousseau. The Social Contract, translated by Willmore Kendall, (Henry Regnery Company, Chicago, 1961). P1.
- United Nations. Conference on the Status of Refugees and Stateless Persons, July-25 Geneva.2 1951.P2
- Radio Online Jamaica. www. Caribbean-radio.com
- Tara Polzer. "Adapting to changing legal frameworks: Mozambican Refugees in South Africa ", International Journal of Refugee Law. Vol.19.No.1.P23
- Ibid.P.30
- Ibid.P.30 (cf)
- Ibid.P.31
- Ibid.p.36
- Ibid.p31.
- Susan.F.Martin. Global Trends in Migration and Asylum (UNHCR, 2001). P.21
- CF. Laura Barnett. Governance World and evolution of international law for Refugees ", International Journal of Refugee Law.Vol.14.No.273.2002.P.258
- Ibid.P.258
- The OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, Addis Ababa, from 6 to 10, 1969.P.2
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