Regional Approaches to the Protection of Asylum Seekers: An International Legal Perspective PDF
Preview Regional Approaches to the Protection of Asylum Seekers: An International Legal Perspective
Regional appRoaches to the pRotection of asylum seekeRs law and migration Series Editor satvinder s. Juss, king’s college london, uk migration and its subsets of refugee and asylum policy are rising up the policy agenda at national and international level. current controversies underline the need for rational and informed debate of this widely misrepresented and little understood area. Law and Migration contributes to this debate by establishing a monograph series to encourage discussion and help to inform policy in this area. the series provides a forum for leading new research principally from the law and legal studies area but also from related social sciences. the series is broad in scope, covering a wide range of subjects and perspectives. Other titles in this series: Immigration, Integration and the Law The Intersection of Domestic, EU and International Legal Regimes clíodhna murphy 978-1-4094-6251-4 Migrants and the Courts A Century of Trial and Error? geoffrey care 978-1-4094-5196-9 Migration, Work and Citizenship in the Enlarged European Union samantha currie 978-0-7546-7351-4 Refugee Law and Practice in Japan osamu arakaki 978-0-7546-7009-4 International Migration and Global Justice satvinder Juss 978-0-7546-4671-6 (hbk) 978-0-7546-7289-0 (pbk) Regional approaches to the protection of asylum seekers an international legal perspective Edited by ademola abass United Nations University, Belgium fRancesca ippolito Cagliari University, Italy © ademola abass, francesca ippolito and the contributors 2014 all rights reserved. no part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher. ademola abass and francesca ippolito have asserted their right under the copyright, Designs and Patents Act, 1988, to be identified as the editors of this work. published by ashgate publishing limited ashgate publishing company Wey court east 110 cherry street union Road suite 3-1 farnham burlington, Vt 05401-3818 surrey, gu9 7pt usa england www.ashgate.com British Library Cataloguing in Publication Data a catalogue record for this book is available from the british library The Library of Congress has cataloged the printed edition as follows: Regional approaches to the protection of asylum seekers : an international legal perspective / edited by ademola abass and francesca ippolito. pages cm.—(law and migration) includes bibliographical references and index. isbn 978-1-4094-4297-4 (hardback)—isbn 978-1-4094-4298-1 (ebook)—isbn 978- 1-4094-7458-6 (epub) 1. Refugees—legal status, laws, etc. 2. asylum, Right of. i. abass, ademola, editor of compilation. ii. ippolito, francesca, editor of compilation. k3230.R45R45 2014 342.08’3—dc23 2013041509 isbn 9781409442974 (hbk) isbn 9781409442981 (ebk – pdf) isbn 9781409474586 (ebk – epub) II printed in the united kingdom by henry ling limited, at the dorset press, dorchester, dt1 1hd Contents Notes on Contributors vii Preface xi List of Abbreviations xiii 1 Introduction – Regional Approaches to the Protection of Asylum Seekers: an International Legal Perspective 1 Ademola Abass and Francesca Ippolito 2 The African Union Legal Framework for Protecting Asylum Seekers 19 Ademola Abass and Dominique Mystris 3 The Role of the African Human Rights System with Reference to Asylum Seekers 45 Gino J. Naldi and Cristiano d’Orsi 4 Sub-regional Frameworks for the Protection of Asylum Seekers and Refugees in Africa: Bringing Relief Closer to Trouble Zones 67 Solomon T. Ebobrah 5 The African National Human Rights Institutions and the Protection of Asylum Seekers: Existing Practices and Opportunities Through the Optional Protocol to the UN Convention Against Torture 87 Elina Steinerte 6 Establishing the Common European Asylum System: ‘it’s a long long way to Tipperary’ 113 Francesca Ippolito 7 External Aspects of EU Asylum Law and Policy – ‘New’ Ways to Address ‘Old’ Woes 145 Samantha Velluti vi Regional Approaches to the Protection of Asylum Seekers 8 The International Protection of Refugees and Asylum Seekers: the Role of Article 3 of the European Convention on Human Rights 171 Colin Harvey 9 ‘The Right to have Rights’: the European Convention on Human Rights and the Procedural Rights of Asylum Seekers 191 Gina Clayton 10 The Protection of Asylum Seekers with Particular Reference to African Women: the Contribution to the Contemporary Jurisprudence 213 Rebecca Wallace 11 Fora and Programmes for Refugees in Latin America 245 Liliana Lyra Jubilut 12 Protection of Asylum Seekers under the Inter-American Human Rights System 267 David James Cantor and Stefania Barichello 13 ASEAN and the Conceptualization of Refugee Protection in Southeastern Asian States 295 Susan Kneebone 14 The 1989 Comprehensive Plan of Action (CPA) and Refugee Policy in Southeast Asia: Twenty Years Forward What Has Changed? 325 Sara E. Davies 15 The Protection of Asylum Seekers in East Asian State Parties to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol 347 Kelley Loper 16 Conclusions: the Future of the Regional Protection of Asylum Seekers 377 Ademola Abass and Francesca Ippolito Index 381 Notes on Contributors Ademola Abass is Head of the Peace & Security Programme and Research Fellow at the United Nations University, Belgium. He was formerly Professor of International Law and International Organizations at Brunel University, London, and was the African Union’s first Expert on Regional Mechanisms. He regularly consults for states and international organizations, and is currently a visiting professor to several universities in Europe and Africa. Professor Abass researches in public international law and peace and security. He is a Fellow of Cambridge Commonwealth, and a member of the Academic Council on the United Nations System (ACUNS). Stefania Barichello is a Doctoral Candidate at the School of Advanced Study, University of London. Her research focuses on refugee protection and responsibility-sharing in Latin America, primarily the origins, development and implementation of the Mexico Plan of Action. She has previously worked in the fields of Refugee Law, Human Rights and Public International Law. She was an intern with the Brazilian Mission. Dr David James Cantor is Director of the Refugee Law Initiative and Reader in Human Rights at the School of Advanced Study, University of London. He researches on the protection of refugees and persons displaced by armed conflict and generalized violence in the Andes, Central America and Mexico. His chapter results from the ESRC-funded project Pushing the Boundaries: New Dynamics of Forced Migration and Transnational Responses in Latin America (ES/K001051/1). Gina Clayton has taught and written about immigration and asylum law since 1997. She is the author of the main student textbook on the subject in the UK and a former editor of the Journal of Immigration Asylum and Nationality Law. She has a special interest in the human rights of refugees, and is currently involved in grassroots refugee organizations in South Yorkshire and research into the use of internal relocation. Sara E. Davies is Senior Research Fellow at the Griffith Asia Institute, Griffith University, Australia. She is Convenor of the Prevention of Genocide and Mass Atrocities Program, Asia Pacific Centre for the Responsibility to Protect. Sara’s research interests are in global health governance, international refugee law and the responsibility to protect. Sara has authored two books: Global Politics of viii Regional Approaches to the Protection of Asylum Seekers Health (Polity 2010) and Legitmiizing Rejection: International Refugee Law in Asia (Martinus Nijhoff 2008). Solomon T. Ebobrah, LLB (Rivers State University) and LLM, LLD (University of Pretoria), is Senior Lecturer and Acting Head of the Department of Jurisprudence and Public Law at the Faculty of Law, Niger Delta University, Nigeria and an Extra-Ordinary Lecturer with the Centre for Human Rights, University of Pretoria. He is an editor of the African Human Rights Law Journal. Dr Ebobrah has worked as a Senior Legal Officer at the African Commission on Human and Peoples’ Rights. Colin Harvey is Professor of Human Rights Law at Queen’s University, Belfast, and served as Head of School 2007–12. He was Professor of Constitutional and Human Rights Law, School of Law, University of Leeds 2000–04 and has held visiting positions at: University of Michigan, Fordham University and the London School of Economics and Political Science. He publishes on human rights law and politics. He is the General Editor of Human Rights Law in Perspective (a new series published by Hart Publishing which he founded). He is on the editorial board of Human Rights Law Review, Northern Ireland Legal Quarterly and European Human Rights Law Review and is the Case Editor for the International Journal of Refugee Law. Francesca Ippolito JD (Bologna), PhD (Milan) is currently Assistant Professor of International Law and the European Union at the University of Cagliari, Italy. She served as Consultant in European Union Law at the Foreign Affairs Ministry in Rome and she is currently the project leader of two international research projects on Cooperation Agreements in the Mediterranean and on asylum seekers in Mare Nostrum: a French and Italian appraisal of judicial practice. She was chosen to be a member of the Research Center of the Hague Academy of International Law on International Migrations in 2010 (directors G. Goodwin-Gill and P. Weckel) and has been Visiting Fellow at the School of Law, University of Glasgow as well as Visiting Professor in European Union law in France at the University Montesquieu-Bordeaux IV. Dr Ippolito has written extensively in the area of EU migration and asylum law and non-discrimination. Liliana Lyra Jubilut, PhD and Masters in International Law (Universidade de São Paulo, Brazil) and LLM in International Legal Studies (NYU School of Law, New York), is Visiting Scholar at the Columbia Law School, Professor of the Post- Graduate Program Stricto Sensu in Law at Universidade Católica de Santos, Brazil and has been working with refugee issues in Brazil for 14 years. Susan Kneebone is a Professor of Law at Monash University. She has published widely on issues of forced migration, human trafficking and refugee law. Since 2003, Kneebone has been a member of the International Association for the Study Notes on Contributors ix of Forced Migration (IASFM) and is currently Secretary for IASFM. Professor Kneebone teaches Forced Migration and Human Rights, International Refugee Law and Practice, and Citizenship and Migration Law. Professor Kneebone is the leader of the Asia Pacific Forced Migration Connection (APFMC), established as an Institutional Partner with the Refugee Research Network (RRN – see http:// www.refugeeresearch.net/), Refugee Studies Centre Canada. Kelley Loper is Assistant Professor in the Faculty of Law at the University of Hong Kong. She also serves as the Director of the LLM in Human Rights Programme, Deputy Director of the Centre for Comparative and Public Law, and Co-Editor in Chief of the Asia-Pacific Journal on Human Rights and the Law. Dominique Mystris is Visiting Lecturer, Bedford University, United Kingdom. She has served both in the United Kingdom and in international research institutions and organizations, including the United Nations University-Institute of Comparative and Regional Integration Studies in Bruges, Belgium; the International Refugee Rights Initiative in Kampala, Uganda; and REDRESS in London. She has consulted for a number of non-profit organizations on human rights issues and developed policy and advocacy approaches. Her research interests lie in the areas of international law, peace and security policy; frameworks for regional organizations; as well as issues pertaining to conflict and post-conflict situations. Gino J. Naldi, LLM, PhD, spent 30 years in higher education but is presently an independent scholar, specializing in Public International Law and International Human Rights. He has published widely on these subjects with special reference to Africa. He is author, with Professor Konstantin Magliveras, of The African Union (Kluwer 2009). Cristiano d’Orsi is a post-doctoral research scholar at the University of Michigan Law School, affiliated to the Program in Refugee and Asylum Law. He holds a PhD in International Relations (International Law) from the Graduate Institute of International and Development Studies in Geneva and a two-year DEA (Masters equivalent) from the same institution. He also holds a one-year certificate in diplomatic studies from the Italian Society for International Organization in Rome. Dr Elina Steinerte is Research Associate at the Human Rights Implementation Centre, Law School, University of Bristol. Elina joined the School in June 2006 on a significant AHRC-funded research project examining the implementation of the Optional Protocol to the UN Convention against Torture (OPCAT). Thus Elina has been involved in OPCAT-related processes in over 30 countries and has worked closely with the OHCHR and the Subcommittee on Prevention of Torture. She is the co-author of The Optional Protocol to the UN Convention against Torture (OUP 2011).
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