Refugee Communities in the Middle East Protection or Discrimination

Refugee Communities in the Middle East Protection or Discrimination? Date: December 21, 2023 Focus of session: Syrians and Iraqis to Neighboring States 1. States not party to Refugee Convention or Protocol (Jordan and Lebanon) 2. State party to Refugee Convention/Protocol with geographical limitation (Turkey) 3. Access to rights and protection in such states and the role of legal norms 4. Current developments and the future? Selected Scholarship In The Field 1. Akram, Elmadmad, UNHCR 2. Kagan (2011), "WE Live in a Country of UNHCR": The UN Surrogate State and Refugee Policy in the Middle East' 3. Boston University (2015), Protecting Syrian Refugees: Laws, Policies, and Global Responsibility Sharing 4. REFARAB project (PI, Janmyr, Oslo) 5. BEYOND project (PI, Janmyr, Oslo) 6. ASILE 7. REFMIG (PI, Costello, Dublin) Some Context: Refugees And IDP Statistics (Dec 2022- Nov 2023; UNHCR) By 31 Dec 2022:  108.4 million forcibly displaced.  62.4 million IDPs  35.3 million refugees Syria Türkiye Iraq Lebano n Iran Jordan 7.2 million (IDPs) 3.7 million (refugees & asylum seekers) 1.47 million (IDPs & refugees) 834,600 760, 327 730,115 Egypt) Israel 420,000 (refugees & asylum seekers 68,037 (pop of concern) The Idea Of 'Protection' The European Model 1. Not defined in the RC 2. Non-refoulement (Art 33; Art 3 CAT; Art 3 ECHR) 3. 'Rights' in the RC? 4. 'International protection' (UNHCR Statute, para 8) plus Notes on IP; guidance; statements, etc. 5. Shift towards 'needs'? 6. Should protection be 'rights-based'? What does that mean? 7. 'Protection' proliferation 8. What is 'effective protection'? The Middle Eastern Model 1. 'Protection' = 'territorial protection'? a. Non-refoulement - an Islamic principle? b. Non-refoulement - CIL 2. 'Hospitality' orientation 3. Needs-focused (UNHCR/NGOs/Gov)? 4. Rights-focused (UNHCR/NGOs/Gov)? 5. Access to services? 6. The creation of 'protection space' 7. Humanitarianism + development model Assuming A Rights Focus Türkiye Jordan Lebanon International Refugee - Not party to - Not party to Refugee Law Convention/Protocol Refugee Refugee - Georg. Convention Convention Limitation - MOU with - MOU with RSD transfer from UNHCR 1997; UNHCR 2003 UNHCR 2018 partially (not for Syrians) amended 2014 Türkiye Jordan Lebanon National 1. Law No 6458 1. Law No 24 on 1. Law Regulating Law on Foreigners Residence and the Entry and and Foreigners Stay of International Affairs 1973 Foreigners in Protection 2. Bilateral Lebanon and 4/4/2013 Agreements their Exit from 2. Temporary 3. Constitutional the Country Protection Reg right to political 1962 3. Bilateral asylum: 2. Bilateral Agreements Jordanian Agreement with 4. Work Permit Constitution Syria 1994 Regulation 1952 3. Constitutional TP, 15/1/16 right to asylum International 1. ICCPR; 1. ICCPR; 1. ICCPR; HR Law 2. ICESCR; 2. ICESCR; 2. ICESCR; 3. CEDAW; 3. CEDAW; 3. CEDAW; 4. CRC; 4. CRC; 4. CRC; 5. CAT; 5. CAT; 5. CAT; 6. CERD; 6. CERD; 6. CERD 7. CRPD; 7. CRPD 8. CMW Regional ECHR - Arab Charter - Arab Charter on Laws on Human Human Rights Rights - Casablanca - Casablanca Protocol (re Protocol (re Palestinians) Palestinians) - Lebanese - Jordanian Constitution Constitution 1926 (as 1952 (as amended) amended) - Arab Convention - Arab on Refugees Convention on pending 1994 Refugees not in force pending 1994 not in force What Rights Do Refugees Want And What Rights Are Available? 1. The 'big five': safety, education, work, health, housing/shelter 2. International refugee law not strictly providing the basis for rights in the region 3. Are rights arising from international human rights law; regional law; national law or national policy? 4. Is the issue access to rights rather than rights themselves? 'Asylum means getting residence permit, if I get a residence permit, I can be integrated. Go to school, join the society. It's a big country here, at night we don't hear anything strange. We don't get afraid, we don't get afraid of anything... [it means] protection of the human being, human rights! -(Syrian male, Berlin) 'For me safety and citizenship is the same thing. I want a place that can provide me protection in order to be able to bring my family to live altogether there! -(Pakistani male, Kos, 2015) 'So, after I get legalized [in Italy], I can go to Germany or England or somewhere else so that I can work and build a future for my children, so that they have a better future. Because I also stayed in Turkey for 2 years but I did not manage to accomplish anything.... That's why I want to go to Italy so that I can later work in Germany or UK' -(Afghan male, Kos, 2015) Right Safety Türkiye Jordan Lebanon - About 20% live in 1. Non-refoulement  Non-refoulement camps (Zatari and in principle but in principle but Azraq) evidence of evidence of - Non-refoulement deportations/remov deportations/remov in principle but als and returns als and returns evidence of 2. Strongly in favour  Supported return prevented entry/ of return to "safe havens" in deportations/remov Syria als and returns - Border closed with Syria - Case law supports non-return under Art 3, CAT Educatio Const. Basic education Const - Freedom of Const. - right of education n compulsory for education; for all Jordanians; 1. Not a universal 1. Not a universal right right 2. Obstacles to education for Syrian 3. Children 12+ Work Const. -Right to work for - Labour Law 1. Work permit Jordanian citizens only preference to system since 2016  Some sectors only Lebanese 2. Selected sectors for Jordanians - Some sectors only 3. Work permit  Many works in for Lebanese exemptions: informal sector - Work permit 4. Seasonal/livestock  Resident permit required; can be requirement high fees - Kafala system Final Thoughts - All research needs to consider wider regionality, political, economic factors affecting counties concerned; - International and regional law (refugee and human rights) have played a role providing refugees with certain core rights; - Such rights are delivered in an ad hoc manner, fluctuate over time and prov uncertain and unclear protections; - The rights of the citizen are often prioritised over those of the non-national; - Despite apparent provision of certain rights - eg right to work - practice is often at variance; - There is evidence of rights leveraging in the market for aid; - An understudied issue is the question of access to justice; - Currently, mixed approaches involving MOUS, UNHCR, World Bank, EU, Regional Response Plans, National Response Plans, alignment with SDGs and GCR, domestic legislation, humanitarian development programming, durable solutions programming