I can remember a few years ago, after hurricane Katrina hit Louisiana, the term ‘refugee’ was used to describe victims in New Orleans. Civil rights activists in America were noticeably upset because of the negative connotation and mental image generated with the use of the term. Rev. Al Sharpton, in an NPR interview shortly after hurricane Katrina, commented, “They are not refugees wandering somewhere looking for charity. They are victims of neglect and a situation they should have never been put in in the first place.” Could the same thing be said for people fleeing persecution, civil war, and conflict?
When you hear the word refugee what image comes to mind? According to the United Nations High Commissioner for Refugees (UNHCR), refugees are people fleeing conflict or persecution. They are defined and protected in international law, and must not be expelled or returned to situations where their life and freedom are at risk. The agency established the Convention Related to the Status of Refugees in 1951 to aid the more than 1 million people who were still displaced from World War II.
The increase in conflicts and civil wars in Africa and the Mediterranean have created a refugee crisis that is threatening international security. We have to ask ourselves, “who are refugees and who is responsible to care for the millions of people who are fleeing imminent danger”? Today, refugees around the globe number more than 20 million people. According to data compiled by UNHCR, half of these refugees hail from 3 states: Somalia, Afghanistan, and Syria. The number of refugees continues to grow. This crisis has created an atmosphere whereby countless human rights violations occur on a daily basis; however, policymakers and politicians seem to focus on the affects the numbers of people will have on their population, rather than on the wellbeing of those seeking asylum or refugee status. On November 16, Dr. Tina Kempin Reuter led a panel discussion that provided faculty and students with an opportunity to hear from experts who have intimate knowledge of this global crisis, including two personal testimonies, in an effort to bring understanding and ensure clear background information on the refugee crisis in the Mediterranean is communicated.
Zabia and Firas Attar are siblings and Syrian refugees living in Birmingham. They shared their harrowing story of escape from Syria, and their elation at arriving to safety in America. Elation turned to fear when calls from Governor Bentley and other state officials who believe that an influx of refugees would threaten Alabama residents. Refugees are not in America to destroy our way of life. They are hard working individuals who want the same things that you and I want— to live in peace and provide for our families.
Catherine Philips Crowe, director of UAB International Student and Scholar Services, Dr. Serena Simoni, associate professor of political science at Samford University, and Dr. Abidin Yildirim. associate professor, UAB School of Engineering presented insights on how the refugees in the Mediterranean from countries like Somalia, Afghanistan and Syria, are impacting the populations of Italy, Germany, Australia and the United States. As an international community, it is understood that the responsibility to protect people of every state from harm when their country is unwilling or unable to do so belongs to all of us. While images of refugees such as Omran Daqneesh litter the Internet, you or me could have been born into a similar situation.
Responses to the shocking election have been varied. The backlash has been deeply emotional and carried out in both online and public arenas. All over the country and world, people have responded to the results of the election with intense fear and shock. Some, of course, were elated by their own party’s win, but most have some concerns about the controversial figure’s rise to power. As the first President-Elect with no military or political experience, the world has hung in suspense to see if his actions will change due to his new position. The post-election period has been filled with stress and grief; those who found online activism to be no longer useful, have taken to public outlets: protests, works of art, and wearing certain items in public to send a message.
The safety pin trend is one of the most widespread and also widely criticized. In case you’ve seen people wearing safety pins on their lapels and not understood, here’s the premise: You attached a safety pin to your shirt to show that you are a “safe” person to talk to; you are an ally to marginalized peoples and are showing your support of their rights in the wake of the present uncertainty. However well-intentioned this may be, these same marginalized populations that this movement was intended to support are critical of it. Critics of the safety pin movement say that showing allyship should not be limited to safety pins. Valeriya Safronovaofthe New York Times says, “Some Twitter users voiced criticisms of the safety-pin trend, calling it “slacktivism,” a word that blends “slacker” and “activism.” They expressed concern that wearing something doesn’t equate to action.” It still is a valid effort and perhaps gives hope that there are still people who are passionately pro-human rights when the country seems to have voted in opposition of those values.
Matthew Chavez’s art installation in New York City subway tunnels has been well-received. Chavez started writing Post-It notes with reactions to the election, and was soon joined by thousands of others. The notes range from angry to hopeful, but all give some sense of relief to those who feel too overwhelmed to engage in other forms of political conversation. The project is called “Subway Installation” and is mindful of the station’s workers, removing all notes from the walls before the day is over. Such a visible reminder of emotional sentiment gives some relief to those who felt disregarded by the election’s results.
Protests have been the most controversial of these outlets. According to Washington Post, more than 225 people have been arrested nationally during these protests, most of which have taken place on college campuses. Riot gear and tactics have been deployed nationwide, including tear gas, flash grenades, and rubber bullets. Conservatives have criticized these riots ceaselessly and call for their end. The nation will likely experience various forms of protests over the next four years, as this election was a particularly nasty and hard-hitting one. Unlike most elections in our nation’s history, the divide on the issues is so that many minorities believe their rights, liberties, and wellbeing is at stake. As the President-Elect has continually dialed back on his previously controversial opinions (such as his declaration to jail Hillary Clinton), the nation may find more relief than expected.
Ambassador Ahmet Shala, former Minster of Economy and Finance in the government of Kosovo, recently visited the University of Alabama at Birmingham’s Institute for Human Rights to speak with faculty and students about minority rights in the Balkan Peninsula, current economic development in Kosovo, as well as efforts to modernize the country.
The Republic of Kosovo is located in South Eastern Europe nestled among a group of nations, which were part of former Yugoslavia. In 1990, economic disparities in Yugoslavia led to increased tensions in the ethnically diverse territory. As the economy declined, Croats, Bosniaks, Slovenes, Albanians, Montenegrins and Macedonians began to promote ideas of ethnic nationalism. Croatia and Slovenia were the first to seek a split from the union, followed closely by a brutal war in Bosnia and Herzegovina, and later Kosovo. This series of wars for independence spanned nearly a decade and as Human Rights Watch reports many human rights violations were committed, in addition to the ethnic cleansing of several groups, which left thousands of civilians dead.
After years of Serbian crackdowns in Kosovo, NATO intervention led to the small territory’s liberation and recognition as a United Nations protectorate from 1999-2008. Finally in 2008, Kosovo declared independence and today is recognized by 110 countries as a sovereign state. The road to independence was littered with atrocities and war crimes based on ethnicity. According to Ambassador Shala, “the different groups in Yugoslavia did not feel as if they were citizens. Slavic people are different from Albanians, which was the key feeling for minorities.” Ambassador Shala added that the resulting Yugoslav wars became “Apartheid on the heart of Europe.” From the onset of the conflict, many ethnic Albanians were fired from their jobs, not allowed to attend school or university, and thousands were either killed or imprisoned.
Although, the situation improved under the UN protectorate, according to Ambassador Shala, the UN administration was incompatible with the needs of the Kosovars. Ambassador Shala commented, “There were UN soldiers on the ground from other countries that had no idea about the needs of the people” and “there was no sustainable vision for the future and no real goals, which led to increased anxiety and frustration.”
After independence, the leaders of the Republic of Kosovo have made tremendous strides in determining the future of the country. From its inception, the idea has been that Kosovo would be a true democratic society, which embraces its multicultural identity and provides equal rights to all citizens. Today, the country seeks to create partnerships with its neighbors, fully integrate into the international community and become a member of NATO, the European Union, as well as the United Nations. The country is well on its way to succeeding at its stated goals. In 2013, the country had an estimated population of 1.86 million and according to economists as of 2015, Kosovo had a GDP (ppp) of 9140.10 billion USD. There are still some hurdles to cross, namely, not all NATO countries have recognized Kosovo as a nation; this has not stopped the ambitions of the young nation. In a recent interview with EURACTIV, the Brussels based EU policy driven news outlet, Kosovar Foreign Minister Enver Hoxhaj explains how important it is for Kosovo to become a member of both the EU and NATO. Hoxhaj states, “being an EU member is the best way to modernise [sic] politics, the economy and society. For us, it is a modernising [sic] agenda that will allow us to compete with others in the region and to grow.”
Ilhan Omar is a Minnesota state representative. She is the first American lawmaker of Somali descent. She is a former refugee. Omar and her family fled Somalia during the civil war and lived in a Kenyan refugee camp for four years before emigrating to the United States in 1995. Wearing a white hijab, Omar who is Muslim, declared in her victory speech that “this was a victory for every person that’s been told they have limits on their dreams.Our campaign has been about more than just uniting a district, more than winning back the House, more than making history. Our campaign has been about shifting narratives, restoring hope and re-establishing access in our democracy.” Her victory reminded me to ignore political and xenophobic rhetoric, and search to better understand the lives of asylum seekers and refugees in order to place them in a position of honor for what they have endured and overcome in pursuing a new life for themselves and their families.
Asylum seekers and refugees are often on the receiving end of a disqualifying international narrative, rooted in half-truths and innuendos. In her address at the U.S. Mission to the United Nations, Samantha Power remarked that “people do not become refugees by choice, obviously; they flee because their lives are at risk – just as we would do if we found ourselves in such a situation. And most want to go home.” The current discourse of asylum and refugee status has brought about some confusion, given the misconception that the terms are interchangeable. Article 14 of the Universal Declaration of Human Rights states “everyone has the right to seek and enjoy in other countries asylum from persecution.” An asylum seeker or ‘prima facie’ refugee is a person who seeks safety from persecution or serious harm in another country and awaits a decision on the application for refugee status under relevant international and national instruments. The United Nations High Commissioner for Refugees (UNHCR) states that there is a system which determines who qualifies for international protection; an interview is a key part of the process that is often negated given the swells of people crossing a border. For many who seek asylum, the first step in the process is generally a placement in detention.
Michael Welch insists that detention is the harshest act of punishment a state can inflict on people, and that seriousness increases if persons are escaping persecution rather than being held for criminal or immigration offenses. Chico Harlan reports that immigration detention is a billion-dollar industry in America. President Obama closed a detention facility in Taylor, Texas in 2008 because children were imprisoned and limited to play. Yet, in response to the “porous state of the nation’s border”, the administration implemented a tougher stance that changed the policies and empowered the Corrections Corporation of America to build the country’s largest immigration detention center in Dilley, Texas. The 2400 bed facility is home to thousands of asylum seekers as they work their way through the immigration process.
Asylum seekers are individuals or families in crisis, yet they are often treated as criminals. The women and children at the Dilley detention facility arrived at the border in search of the American value of welcoming those fleeing violence. Their hope is for hospitality and refuge; instead they describe their detention experience as worse than the abuse and violence they fled. Human rights violations and the fleeing from persecution go hand in hand as Gil Loescher explains. He writes that some find the protection they need while others find themselves victims in exile; many at the hands of the governments from whom they are longing to gain compassion.
City residents who live outside the walls of the detention center in Dilley, Texas assume that those dwelling in the center have a nice existence. However, those who have been released revealed their treatment included sleep deprivation, sleeping on cold floors, feelings of prolonged imprisonment, and not receiving an opportunity to appeal to a judge. Children should only be held in detention for up to 20 days. On average, according to the Center for Migration Studies (CMS), “asylum seekers are mandatorily detained pending a DHS [Department of Homeland Security] determination of their ‘credible fear’ of persecution upon return. This detention lasts an average of 27 days, including the time it takes to ascertain whether they have a “credible fear,” and to decide whether those found to have a credible fear should be “paroled” (released) while they pursue political asylum.” In Berks County, Pennsylvania, at least three families have been detained for nearly one year, forcing the women to initiate a hunger strike in protest for their release. Additionally, Nauru and Manus Island off the coast of Australia, asylum seekers spend an average of 450 days in detention. The detention of asylum seekers as an anti-terrorist or immigration strategy is a blatant disregard for international law. Human Rights Watch reported that on July 24, 2015, US Department of Homeland Security Secretary Jeh Johnson said the Obama administration was committed to making considerable changes to the family immigration detention process.
The Australian government in late October 2016 announced new legislation banning asylum seekers–who arrived by boat since July 2013–entrance to the country, in any capacity. Government officials believe the “law change was necessary to support key government border protection policies, including temporary protection visas, regional processing and boat turnbacks.” Australia’s new policy shines light on the underworld of asylum seeking: human trafficking and smuggling. The UNHCR reports that nearly 34,000 people (or the population of Vestavia Hills, Alabama in 2014) are forced to flee their homes every day because of conflict and persecution. Desperate and vulnerable, those who are unable to find refuge in neighboring countries seek out other means–smuggling and trafficking—to get across borders, thus circumventing border patrols and the proper immigration process. Human trafficking and smuggling presents additional problems if a victim is caught. Loescher believes that international laws have to be adjusted, if not created, because the flows of those seeking refuge have been unprecedented. “This is not because there were no refugees; numerous acts of persecution and expulsion accompanied the rise of the modern state of Europe and elsewhere. Only in the twentieth century when refugee flows exploded and came to be regarded as a threat, were legal and institutional responses developed…” The 1951 Refugee Convention defines a refugee as
“…[a person] owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of 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 and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it. In the case of a person who has more than one nationality, the term “the country of his nationality” shall mean each of the countries of which he is a national, and a person shall not be deemed to be lacking the protection of the country of his nationality if, without any valid reason based on well-founded fear, he has not availed himself of the protection of one of the countries of which he is a national.”
Forced migration is a political, economic, and security concern; more than that, it is a human rights issue that should be treated as a humanitarian crisis. Refugees International provides recommendations and solutions which identify needs for basic services such as food, water, and protection from harm. Presently of the 21.3 million refugees in the world, 39% are being hosted in the Middle East and Northern Africa. Turkey has received 2.5 million. As a means of housing the multitudes, many governments have set up encampment sites. Dadaab in Kenya–home to nearly 300,000–is the world’s largest refugee camp. Unfortunately, as Loescher points out, the exile violates the numerous statues in the 1951 Refugee Convention, namely freedom from movement and wage-earning employment. The limitations cripple the family from creating a dignified life in a new country. Additionally, because refugee camps are established by the government, they can be closed and destroyed like Moria in Lesbos, Greece and ‘The Jungle’, in Calais, France. Both camps have been destroyed by fire, forcing thousands of refugees to flee once again.
Refugees have no state rights. Their country rights were forfeited when they fled their home country. Fortunately, the 1951 Refugee Convention stipulates that first and foremost, a refugee should not be returned to a country where there are threats to their life or freedom. This is the principle of non-refoulement. It also states that refugees must have access to courts, employment and education, and other social and civil rights afforded to the host country’s citizens. This year, the United States has admitted 10,000 Syrian refugees and 38,901 Muslim refugees.Earlier this month, it was announced that approximately 1,200 asylum seekers from Nauru and Manus Island will make their home in America during 2017. Many have been vocal about the perceived threat and the uncertainty about the adaptability of these newcomers to American life. However, the two year screening and resettlement process and the success story of Ilhan Omar, Madeleine Albright, Marlene Dietrich, and Albert Einstein should prove to contradict naysayers, giving voice to the tremendous contribution asylum seekers and refugees have brought and continue to bring to the United States when provided an opportunity to become a part of the fabric of our society rather than a stain on it.
The discussion of establishing an international criminal court was not on the agenda of the international community for many years. It finally resurfaced in 1989 Trinidad and Tobago were battling massive drug trafficking. The UN GA once again called upon the International Law Commission to continue the drafting efforts that were abandoned in the early 1950s. The 1990s brought horrendous genocide, crimes against humanity, and war crimes from all over the world- particularly in Bosnia-Herzegovina and Rwanda. Due to the international climate at the time, the United Nations decided that it could not wait for an international criminal court to develop fully in order to take control of these crimes. Instead, the UN Security Council put in two ad hoc courts in order for individuals to be held accountable for these crimes – the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR).
The quest for a permanent international criminal court continued when representatives met in Rome, Italy, from June 15th to July 17th of 1998. A total of 160 countries participated in this conference with the goal of negotiating an international treaty that would serve as the basis for an international criminal court. With 120 votes in favor of such a court, the Rome Statute was adopted, officially creating what we know as the International Criminal Court. The ICC was established in The Hague in the Netherlands, on July 1, 2002 when the Rome Statute entered into force. However, the reach of the court was diminished by the fact that the following countries either did not sign or did not ratify the statute: Bahrain, China, India, Indonesia, Iraq, Israel, Kuwait, Lebanon, Malaysia, Nepal, Pakistan, Sudan, Thailand, Turkey, Ukraine, the United States, and Yemen. The absence of three permanent members of the UN Security Council – the U.S., China, and Russia – has been a particular challenge for the new court.
How does the International Criminal Court function?
There are four components that make up the ICC: The presidency, Office of the Prosecutor, chambers, and registry.
The presidency is the head of the court that consists of three judges who are elected by an absolute majority by the 18 judges that makeup the Court. One judge is the president and the other two are vice presidents who all serve two three-year terms. The presidency takes on a significant administrative role by representing the Court as a whole to the world and safeguarding the enforcement of sentences levied by the Court itself. It also helps organize the work of the judges.
The chambers’ responsibility is to guarantee and carry-out a fair trial. Similar to the office of the prosecutor, there are three divisions within the chambers: the pre-trial chambers, trial chambers, and appeals chambers. The eighteen judges plus the three judges in the presidency (for a total of 21 judges) are assigned to one of these three chambers. The pre-trial chamber is composed of seven judges with one to three judges presiding over each sub-chamber. Their job is to make sure that the investigation and prosecutorial proceedings are fair in order to protect the rights of suspects, witnesses, and victims. After these proceedings are completed, the pre-trial chambers decide whether or not warrants of arrest should be issued, as well as summons to the office of the prosecutor at their request. They also are responsible for confirming or not confirming the charges the suspect has been given. Current cases in the pre-trial stage are the Barasa case of Kenya, the Hussein case of Darfur, Sudan, the Al-Bashir case of Darfur, Sudan, and the Harun and Kushayb case of Darfur, Sudan.
The appeals chamber steps in if the guilty plaintiff would like to appeal his or her trial or proceedings that the pre-trials chambers or trials chamber conducted. This chamber is made up of the President of the Court along with four other judges. Just like the appellate courts we have here in the states, the appeals chamber can amend, reverse, or uphold the prior chambers’ decision. In some cases, they may order a new trial with a different trials chamber. Currently, there is one appeals case- the Bemba case of the Central African Republic.
In summary, the ICC is much more complex than one might think, and rightfully so. This Court gets the worst of the worst cases in terms of cruelty. They try individuals who have been accused of participating in genocide, crimes against humanity, war crimes, etc. In order to maintain a fair and impartial trial, there are many administrative roles within each division and chamber that work to achieve the goal of accountability. The ICC was a concept that had been thought of long before it was actually established and it is the only permanent international criminal court that tries individual perpetrators. Some may think that the ICC doesn’t really matter or holds no significant importance when it comes to trying and punishing individuals, but actually, the ICC has a very compelling role in such matters.
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