Human Rights and State Jurisdiction
In: Human rights review: HRR, Band 18, Heft 2, S. 129-150
ISSN: 1874-6306
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In: Human rights review: HRR, Band 18, Heft 2, S. 129-150
ISSN: 1874-6306
In: Journal of human rights, Band 11, Heft 4, S. 443-459
ISSN: 1475-4843
To identify the ethical standards for the United Nations High Commissioner for Refugees (UNHCR), its role in developing & promoting the concept of temporary protection in Western Europe for Bosnian refugees is examined. It is asserted that temporary protection failed legally, ethically, & politically. The policy is also viewed as a failure in principle, with the UNHCR departing from obligations related to refugee treatment & protection. The legal & ethical framework that should govern the UNHCR is discussed in terms of a code of conduct & pragmatic concerns, arguing that there must be a balance struck between principles & pragmatism. Highlighted is the need to separate organizational interests from functional goals. A call is made for Western European adherence to human rights principles in the refugee/immigration realm before turning to the arguments proffered to justify the temporary protection policy. Some historical background to the temporary protection policy is provided. Temporary protection generated ambiguity with respect to the status of Bosnian refugees & the relevance & content of the 1951 Convention, which governs refugee issues. Deficiencies of protection are discussed in terms of the denial of rights. The UNHCR's problematic role in the development of international refugee law is then contemplated, suggesting that its temporary protection proposal was less about refugee law than about preserving the 1951 Convention. In this light, it is argued that the populace of the Western European states must be committed to the moral values underpinning any international refugee law. Two ways that temporary protection might have enhanced refugee protection in Europe are offered, acknowledging their failure upon closer scrutiny. Although temporary protection failed in Western Europe, it did provide some benefits to refugees in the South. Noting that the UNHCR is perpetually underfunded, it is contended that the Commissioner ought to be consistent & impartial. Ultimately, the UNHCR's temporary protection proposal failed because it did not promote the moral values underlying human rights. J. Zendejas
In: Human rights quarterly, Band 23, Heft 4, S. 911-939
ISSN: 1085-794X
In: Human rights quarterly: a comparative and international journal of the social sciences, humanities, and law, Band 23, Heft 4, S. 911-939
ISSN: 0275-0392