11 4 14 Part III Human Rights Refugee Law Result of the Holocaust Two types of law grew out of the Holocaust 1 Human rights law bc of concentration camps 2 Refugee law o o Allies liberate German concentration camps o millions of displaced people at end of war o What do we do with these people who lost everything and don t want to go back o State of Israel founded for displaced European Jews did not want to remain in Europe because of what had happened Palestine became what is now the state of Israel o Many countries realize that they had contributed to the death toll because of their refusal to take in Jewish refugees Bc they had refused to let Jewish refugees in their country during the war S S St Louis Voyage of the damned Voyage of the St Louis Ship carrying 900 Jewish refugees from Germany in May 1939 FDR and US Coast Guard prevent ship from landing in Florida Headed for Cuba Turned away because new Cuban govt did not want them Afraid to let 900 Jewish refugees because more Jewish refugees will want to come Almost all passengers ultimately perish in the Holocaust Ship forced to return to Europe Refugee Law How refugee law evolved after WWII Postwar spread of communism also leads to refugee flows from behind Iron Curtain o Everyone behind the Iron Curtain to the right were communist o Everyone on the other side were free and democratic o Now there were people fleeing communism as well o Russian troops occupy Eastern Bloc countries State of oppression People died trying to get out of Eastern Europe to free world Berlin Wall divides a city and the Free World People shot trying to get over the wall Separated free Berlin from Communist Berlin UNHCR created UN High Commission for Refugees o o o Leading refugee group o experts in handling refugee flows UN Refugee Convention created 1951 International treaty that for the first time addressed the refugee problem o o A binding multilateral many countries treaty Refugee Law Definition Legal definition of a Refugee A refugee is a person outside of their home country Who has a well founded fear has to be based on reality of persecution On account of called the 5 enumerated grounds o Race o Religion o Nationality Political Opinion Particular social group o o o What the Definition Excludes What refugee definition excludes Internally displaced people still within their home country People who flee their homeland for economic reasons If they just came here for a better life People fleeing natural disasters earthquake tsunami People fleeing generalized violence such as civil wars has to be individualized targets People who have been safely resettled in a third country o Got another country to let them stay permanently before coming to US What the Refugee Convention Requires Only one thing o To not send refugees back to a country where their life or liberty will be threatened o This is the cornerstone of refugee law o Nonrefoulement French legal term that means not sending back the cornerstone of the treaty definition and concept of Nonrefoulment What the Refugee Convention Allows Options a country has in fulfilling the requirements of the UN Refugee Convention 1 Refugee Camps even permanent ones o Ex Hong Kong doesn t give them citizenship but won t send them back o Some will spend their whole life in the camp 2 Repatriation after the threat passes o Country waits for the threat to pass then sends them back o Ex Rwanda 3 Sending refugees to safe third countries 4 Refugee Resettlement U S Policy After proven that they re a refugee automobiles o Barter trade refugees o Refugee status for one year o Can live and work in the US during this time o Then apply permanent residence for 5 years o Then can apply citizenship o Make a deal with another country to take the refugees such as paying them money or giving them 50 off ford Refugee Law UN Refugee Convention becomes effective un 1951 US does not ratify it until 1967 No implementing legislation until 1980 Refugee Act o Must implement legislation in US to mirror the treaty Until 1980 refugee decision in the US were completely political Reflected Cold War Policies People fleeing communist countries almost given refugee status almost immediately o A way for US to get back at communist countries o Most people given refugee status were given to people coming from a communist country People fleeing from countries which were Cold War allies of US almost never given refugee status asylum US could not admit that our allies committed human rights violations US backed numerous dictators Argentina Guatemala El Salvador Saddam Hussein Our enemies enemy must be my friend o Great contrast between Cuba and Haiti How Cuban and Haitian refugees are treated differently under US law o Two countries right next to each other who have sent refugees to US o Cuba still undergoing human rights violations and a communist country First meant as a way to punish Castro Castro emptied his prisons and sent them to the US Cubans presumed to be fleeing communism As soon as set foot on dry land they are given refugee status Are given immediate refugee status Wet foot Dry foot policy Cuban political lobby the best organized immigrant group in the country Have more political power than most other immigrant groups Incident where US Coast Guard set water hoses on their boats trying to destroy their boats so they wouldn t set foot on dry land o Haitians presumed to be fleeing poverty Subject to interdiction on the high seas President Bush Sr Kennebunkport Order response to when 100 000 Haitians tried to get in US US intercepted them on high seas said they never entered the US and never had to give them a refugee hearing sent them back If they enter the US they face deportation Credible Fear Hearing What a credible fear hearing is For those who arrive without immigration documents or with false documents o Have 15 mins interview to prove there is a chance you can qualify as a refugee o Challenges Language barrier Trauma Low level immigration officers o If they don t pass this hearing they get sent back Parole Bond Hearing Requirements in a parole bond hearing for prospective refugees In order to not be stuck in jail while waiting for their immigration asylum hearing Prospective refugees must next prove 1 They are not a threat to the public clean record 2 They have relatives in the country someone they can live with 3 They can pay a cash bond 3500 Have to post entire bond in cash As a result most stay detained until their hearing If not
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