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1. The Global Refugee Regime and UN System-wide Reforms

Author:
Sarah Miller
Publication Date:
06-2019
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
This paper considers how responsibility for ensuring refugee protection and access to solutions can be shared more reliably across the United Nations’ system, by examining entry points beyond traditional humanitarian actors (including peace and security actors in the United Nations), as well as the role states can play in supporting a broader response from the UN system. It draws upon a range of literature and concepts, including the Responsibility to Protect doctrine, offering a mapping and analysis of the proposed UN reforms within the humanitarian, development, financial, and peace and security sectors. It then considers how these reforms might be relevant to responsibility sharing in displacement situations and lays out some of the broader challenges to greater responsibility sharing. Finally, the paper provides recommendations for how to more fully engage these other actors — within the United Nations and beyond — to improve the prevention of, response to and resolution of displacement.
Topic:
Security, United Nations, Refugee Issues, Displacement, and Humanitarian Crisis
Political Geography:
Global Focus

2. Xenophobia toward Refugees and Other Forced Migrants

Author:
Sarah Miller
Publication Date:
09-2018
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Generally speaking, those who study forced migration and those who advocate for solutions to forced migration spend little time studying xenophobia. This paper has aimed to address that gap by examining xenophobia in the context of refugees, first by considering definitions of xenophobia vis-à-vis other terms, including racism and nativism, and next by looking at the roots of xenophobia, which include not only political, social and economic grievances and uncertainty but also competition for scarce resources and the belief that one’s own nation-state or group is superior to others. The paper then reviews some expressions of xenophobic rhetoric and actions, and their impacts, before considering key issues and challenges in overcoming xenophobia. Looking at successful attempts in combatting xenophobia provides lessons for those engaged in research and advocacy. Recommended actions include holding governments more accountable for their failures to protect people’s rights; identifying and fighting against policies that incentivize xenophobic behaviour; recognizing that pro-migrant programming can backfire; identifying political actors who promulgate xenophobia and choosing interventions carefully; and seeking greater collaboration and creativity among different actors working to combat xenophobia. The use of localized approaches emerges from the literature as particularly important. The backdrop of the UN Refugee Agency’s global compacts on refugees and for migration makes the moment ripe for further discussion on how to reduce xenophobia and increase responsibility sharing in refugee situations. Likewise, the prominence of political regimes that draw on xenophobic rhetoric and even encourage xenophobic actions means that finding new ways to reduce xenophobia is more important than ever.
Topic:
Migration, United Nations, Refugee Issues, and Xenophobia
Political Geography:
Global Focus

3. Revisiting Extraterritorial Jurisdiction: A Territorial Justification for Extraterritorial Jurisdiction under the European Convention

Author:
Sarah Miller
Publication Date:
11-2009
Content Type:
Journal Article
Abstract:
European participation in controversial aspects of the 'war on terror' has transformed the question of the extraterritorial scope of the European Convention on Human Rights from abstract doctrine into a question with singularly pressing political and legal ramifications. Yet the European Court of Human Rights has failed clearly to articulate when and why signatory states' extraterritorial actions can be brought within the jurisdiction of the European Convention. The Court has veered between a narrow view of extraterritorial jurisdiction confined to four fixed categories of cases and a broader view which contemplates extraterritorial jurisdiction when a signatory state effectively controls an individual's ability to exercise fundamental Convention rights. Scholars have favoured the latter, arguing that the universality of human rights demands an expansive concept of extraterritorial jurisdiction. This article proposes a different theory: existing categories of extraterritorial jurisdiction can best be understood as limited exceptions to the rule of territorial jurisdiction because they all require some significant connection between a signatory state's physical territory and the individual whose rights are implicated. Properly understood, extraterritorial jurisdiction under the European Convention is and should be limited to such situations to maintain a workable balance between the Convention's regional identity and its universalist aspirations.
Topic:
Human Rights
Political Geography:
Europe