Professional Documents
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Edin Ajdinović
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Edin Ajdinović
1 Ninna Nyberg Sørensen, Nicholas Van Hear, Poul Engberg-Pedersen, Migration, Development and Conflict:
State-of-the-Art Overview. Geneva: The International Organization for Migration 2003, p. 6.
2 Hanne Beirens, Susan Fratzke, Taking stock of refugee resettlement. Policy Objectives, Practical Tradeoffs,
and the Evidence Base. Brussels: Migration Policy Institute 2017.
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ment. With regard to underdeveloped states that are influenced by migratory move-
ments, one needs to address the question of capacities in dealing with refugee flows.
In addition, the failure of the Dublin Agreement III has generated further difficulties
in sustaining migration flows. “The core principle under the Dublin agreement III
is that the responsibility for examining an asylum claim lies first and foremost with
the Member State which played the greatest part in the applicant’s entry to the EU”.3
Facilitating success after resettlement has been profoundly hindered by anti-migration
views that doubt refugees’ compatibility in the country of their asylum application.
Disunity and political disputes among EU member states (Greece, the Visegrád group
and others) have led states to adopt national level anti-migration policies:
“The EU migration commissioner, Dimitris Avramopoulos said on Thursday that
unless the flow of migration weakened in the next 10 days, ‘there is risk the whole
system will completely break down.’ The numerous splits in Europe over immigration
policy were fully evident in Wednesday’s Vienna meeting, which was unilaterally called
by Austria and snubbed both the Germans and the Greeks. Speaking before a crucial
meeting of European ministers in Brussels on Thursday, the Greek migration minister,
Yannis Mouzalas, said Greece would not be left by the rest of the EU to become the
‘Lebanon of Europe by hosting millions of migrants and refugees’ ”.4
In addition to anti-migration policies, partnerships among countries have been
affected where they were caught up in the migration flow in light of humanitarian
catastrophes and security breaches as well as the emergence of human trafficking, ex-
posing the lives of migrants at risk. In some cases, borders were closed:
“The United Nations High Commissioner for Refugees (UNHCR) called for
better planning and accommodation for at least 24,000 it said were stuck in Greece,
including 8,500 at Idomeni. ‘Europe is on the cusp of a largely self-induced hu-
manitarian crisis,’ U.N. refugee agency spokesman Adrian Edwards told a news
briefing. ‘The crowded conditions are leading to shortages of food, shelter, water
and sanitation. As we all saw yesterday, tensions have been building, fuelling
violence and playing into the hands of people smugglers,’ he said.”5
The anti-migration policies have in fact generated dangerous measures that increase
human trafficking, forced labour and the potential deaths of refugees who did not, after
all, embark upon migration voluntarily. From the legal perspective, international treaties
such as the 1951 Refugee Convention and International Covenant on Civil and Political
Rights may be violated. This raises the question of whether anti-migration policies are
being adopted in accordance with international treaties, and how policy makers are
3 European Comission, Questions & Answers: Recommendation on the conditions for resuming Dublin
transfers of asylum seekers to Greece. Brussels: Press release, December 2016.
4 Greece recalls ambassador from Austria over EU refugees row, in: The Guardian, February 2016.
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5 Europe seen on cusp of new humanitarian crisis at Greece-Macedonia border, Reuters, March 2016.
6 Beirens/Fratzke, Taking stocks of refugee resettlement, p. 36.
7 Sørensen/Van Hear/Engberg-Pedersen, Migration, Development and Conflict, p. 6.
8 The President of the General Assembly, Transforming our world: the 2030 agenda for sustainable devel-
opment. New York: United Nations, August 2015, p. 7.
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migration policies; this may include the creation and expansion of safe, regular
pathways for migration;
(f ) The scope for greater international cooperation, with a view to improving
migration governance;
(j) International cooperation for border control, with full respect for the human
rights of migrants;
(k) Combating trafficking in persons, smuggling of migrants and contemporary
forms of slavery”.9
The overall disputes on migration policies (both strong and weak) have not affected low
migration movements, especially those constituting flight from conflict areas. How-
ever, the New York Declaration for Refugees and Migrants does intend to provide patterns
for safe and controlled migration in order to reduce the risks of state security breaches.
A platform for international political cooperation will additionally be enforced.
Humanitarian aid relief vulnerabilities in the field and refugee camps:
“The inability of international humanitarian organizations to make particular relief
items available is critical for many suffering people”.10 Disasters and armed conflicts
impose vast challenges for humanitarian relief agencies. Depending on the nature of
the conflict, the interest of the parties concerned and the financial budget, humanitar-
ian aid is a short-term strategy, and tends to have a fragile supply chain. In addition,
management of humanitarian aid needs to be matched to the problem at hand – nat-
ural disaster or armed conflict – lest it impose vulnerabilities in the framework of its
relief program:
“UNHCR’s concept of service packages and recourse to the use of military con-
tingents [...] was strongly influenced by the perception that the scale of tasks was
simply too great for the existing UN and NGO capacities to handle without
additional capacity being brought to bear.”11
Therefore, further capacity building with the host community is essential, from local
infrastructure and resources up to the establishment of ceasefire, so that the aid can
progress to sustainable development.
In contrast to humanitarian aid capacity building, the absence of security (inter-
national military contingents) can force humanitarian aid programs to play arole in
the war economy: “The report of the United Nations Secretary Generalon Sierra
9 New York Declaration for Refugees and Migrants. New York: General Assembly of the United Nations,
September 2016, p. 22.
10 Richard Oloruntoba, Humanitarian aid: an agile supply chain? Brisbane: Queensland University of Tech-
nology 2014, p. 117.
11 John Borton, Humanitarian aid and effects. London: Overseas development institute 1996, p. 182.
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Edin Ajdinović
Leone in October 1997 rated the humanitarian situation as serious andstill de-
teriorating yet the lack of security for personnel and supplies meant that no major
effort was undertaken to address the situation.”12 Where aid relief operations are only
secured by merely passive or lightly equipped security forces, there is a high occurrence
of armed group raids, placing the humanitarian aid and food convoys in situations
where they have to bargain with identified paramilitary and militia groups for a safe
passage by paying a settled amount of food. As a result, the international community
would unintentionally be fuelling rather than reducing the conflict and thereby migra-
tions, as was the case in the Srebrenica genocide:
“Although the safe areas may have been created with good intentions they became
U.N.-administered ethnic ghettos. The humanitarian air drops to Srebrenica ended
after Bosnian Serb forces allowed the U.N. to resume land convoys through Serbian
controlled territory from Belgrade to the enclaves. Unlike the air drops, the deliverance
of humanitarian aid by land convoys allowed the Bosnian Serbs to examine, monitor
and control the quantity, contents, and frequency of the deliveries. Bosnian Serb forces
also demanded a portion of the aid in exchange for allowing its passage into the en-
clave. Sporadic violence continued around the Srebrenica ‘safe area’ to varying degrees
for the next two and a half years. Thousands of people huddled together, with inade-
quate food, water and shelter, living in isolation from the rest of the world. Only a few
hundred lightly armed peacekeepers and increasingly disingenuous threats of NATO
air strikes guaranteed their safety”.13
Since the 1951 Refugee Convention was adopted after the Universal Declaration of
Human Rights, their link has been interrogated: “Such a question may appear provo-
cative at a time when refugees are regularly victims of abuses in a context of restrictive
refugee policies.”14 When a person reaches a refugee camp, they enter a grey zone upon
residence in the camp. “The role and objectives of a human rights operation with
regard to refugees and IDPs in camps will depend on numerous factors, including:
the mandate and resources of the operation; the overall human rights situation in the
country or region; the work of other organizations; and most of all the specific human
rights situation of the refugees and IDPs themselves.”15 From the legal perspective, key
human rights are at risk in refugee camps; the right to freedom of movement and its
restriction, a right to name a nationality, access to education, etc.:
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“In December 2016, Human Rights Watch interviewed 13 older refugees and
asylum seekers in four camps and one refugee squat around Athens. Nearly all
said they were seeking to be reunited with family in other parts of Europe. Hu-
man Rights Watch found, however, that these people often face seemingly insur-
mountable legal and practical barriers to reuniting with their families. Almost all
had been waiting in Greece for more than eight months. The barriers included:
a narrow interpretation of family under national laws, misinformation, and con-
fusion about the process.”16
One must question the implementation mechanisms of national laws with internation-
al treaties, and conduct further research into emergency situation response. It is the
management of refugee camps that is of fundamental importance for the preservation
of human rights and preventing humanitarian catastrophe: “International refugee law
makes no specific reference to the size of the camps or settlements in which refugees
should be accommodated.”17
In managing and controlling refugee camps, certain factors determine the condi-
tion of human rights. These include the conditions of flight and displacement of the
refugees and internal displaced persons, the way the camp is established, physical lo-
cation, and the management of the camp. The conditions of flight and displacement
predict a provision of basic human needs standard. “In these circumstances camp pop-
ulations will require wide-ranging assistance if their camp life is to provide the bare
minimum in standards of living”.18 This is of utmost importance for the management
in providing the bare necessities to refugees. A large intake of refugees in a camp can
lead to underdeveloped management and scarcity of resources, resulting in refugee
warehousing. “Warehousing is not just a miserable, but all-too convenient means of
disposing of refugees while the international community attempts to find durable solu-
tions; it threatens refugee protection in and of itself ”.19 The way a camp is established
in non-international conflict and natural disasters zones throughout the globe strictly
depends on the given plan of action. In cases where natural disasters or armed conflicts
occur, the establishment of a camp tends to be spontaneously settled.
When it comes to the physical location, it is crucial that safe parameters are provid-
ed for the camp. “In a report to the Security Council, the former UNSC Kofi Annan
16 EU: Older Refugees Stranded in Greece; face delays, barriers in reuniting with Familiies, in: Human Rights
Watch (May 2017).
17 Jeff Crisp, Karen Jacobsen, Refugee camps reconsidered, in: Forced Migration Review 3 (December 1998),
p. 1.
18 Training manual on Human rights monitoring, p. 169.
19 Merill Smith, Warehousing Refugees: A denial of rights, a waste of humanity, in: World Refugee Survey
2009, p. 6.
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Edin Ajdinović
recommends that for their own security and the security of the states from which they
fled, he strongly urges that refugees be settled at a reasonable distance from the border,
in camps of limited size”.20
The UNHCR’s Digital Emergency Handbook has eloquently prescribed and defined
the reasonable distance and the size of a camp.“ 30 sqm per person will be necessary
for roads, foot paths, educational facilities, sanitation, security, firebreaks, admin-
istration, water storage, distribution points, markets, storage of relief items and, of
course, plots for shelter, and the remaining 15 sqm per person is allocated to house-
hold gardens attached to the family plot which should be included in the site plan
from the outset”.21 Sizes below these defined parameters may well result in human-
itarian catastrophe. The reasonable distance, on the other hand, covers a wide set
of indicators, but in this context refers to security issues. The site should be located
a sufficient distance from international borders (50km), conflict zones, and other
potentially sensitive areas (such as military installations), avoid extreme climatic
conditions, or evident health (malaria), environmental, fire risks as well as seasonal
variations.22
A final factor deals with camp management, which has a fundamental importance
in the overall picture of refugee camps: ”Where a camp is under the management of
international organizations, such as the UNHCR, much will depend on the resources
available to these organizations and the extent to which local authorities respect the
mandates and assistance offered”.23 The current refugee camp situation in Turkey re-
flects the plan of action for the vast influx of refugees by introducing a new model for
refugee camps:
“For them, access to food and sanitation are the two urgent needs that need to be
tackled effectively: ‘Easy access to food is another criteria that encouraged us to launch
more than one market to create a more competitive environment. We suggest setting
up four markets in four different corners of the camp. Last but not least, we also enforce
security by placing four constabularies and a strict scanning process at camp entrances.’
When it comes to sanitation, Mikov says that all the waste should be disposed of in a
timely manner to avoid the rapid spread of disease. To encourage refugees to join the
workforce, number production workshops, ranging from textiles and handicrafts to
cooking, have opened in Turkey and at the Za’atari camp in Jordan where refugees can
use their skills to earn a living. The Turkish engineers also included a sprawling bazaar
area in their design where refugees can produce their products and sell them. We [have
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also added] a health facility with an area of at least 400 square meters. In addition, we
are suggesting building a school of 228 classrooms, each with a 30-student capacity”.24
This model of camp management in Turkey may constitute progress beyond the
traditional tent-based camps. It not only prevents humanitarian catastrophe, but also
encourages sustainable maintenance of the camp and the well-being of refugees. How-
ever, the challenges that humanitarian aid relief agencies are faced with prompt seeking
a new approach for an improved and more efficient response; from securing the aid
personnel in the field, improving capacities for achieving mandate, up to the protec-
tion of human rights and improving management in refugee camps.
24 Gülşah Dark, Beyond the Tent: Turkish engineers respond to squalid conditions in refugee camps, in: Daily
Sabah, February 2017.
25 Universal Declaration of Human Rights, Article 3. Paris: United Nations 1948, p. 2.22 Ibid.
26 Mengesha, Human rights violation in refugee camps, p. 8.
27 The Refugee Convention, Article 1, Geneva 1954.
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According to the Refugee Convention, a person must reach the soil of another country
in order to gain refugee status. The absence of a universal definition of internal dis-
placed persons poses a great challenge. It is clearly evident that a universal definition
does not exist, imposing an obstacle to international law, as well as to humanitarian
relief agencies in identifying civilians who are internally displaced. In addition to the
problems and potential danger faced by internal displaced persons, the status of IDP’s
forces them to flee to another country in order to attain refugee status, and thereby
trigger their rights under the 1951 Refugee Convention.
In correlation to the emergence and development of human rights, humanitarian
law has also developed and included rights of civilians caught up in armed conflict.
“International humanitarian law, refugee law and human rights law are complemen-
tary bodies of law that share a common goal, the protection of the lives, health and
dignity of persons”.28 The International Committee of the Red Cross’ mandate stands
to protect persons affected by armed conflict, to seek a way to end the intervention,
but also through provision of emergency assistance; including water, shelter, food and
medical care. The Geneva Convention additional protocols (I and II) have set rules that
necessitate the protection of civilians caught in the hostilities of non-international and
international armed conflict. With narrower definition of protecting civilians, article
51 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating
to the Protection of Victims of International Armed Conflicts (Protocol I) obliges conflict-
ing parties not to make civilians an object of attack.29 Article 18 of Protocol II to the
Geneva Convention indicates a case that might generate the massive migration of IDP’s
to other countries.30 By article 18, supply shortages (medicine and food) require a relief
organization to gain the consent of a High Contracting Party in order to distribute
and deliver medical supplies and food to safeguard basic human needs during the
hostilities. This poses the question of whether a High Contracting Party would allow
such an action when the course of action delays their military aim. “The provision of
relief to these most affected groups is against the interest of those who attack”.31 The
UN reports that manipulation through political means of humanitarian aid relief by
President Bashar-al-Assad is an example of using a gap in international humanitarian
rights and the international humanitarian law system:
28 Emanuela-Chiara Gillard, Humanitarian Law, Human Rights and Refugee Law – Three Pillars. Stockholm:
Statement of the International Committee of the Red Cross 2005.
29 International Committee of the Red Cross – Geneva Convention, Article 51, Protocol Additional to the
Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed
Conflicts (Protocol I). Geneva, 8 June 1977.
30 International Committee of the Red Cross – Geneva Convention, Article 18.
31 Alexandra Galperin, Discourses of disasters, discourses of relief and DFID’s humanitarian aid policy.
London School of Economics, Development Studies Institute Working Paper Series 02-28, London 2002,
p. 10.
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“The Syrian government has interfered with the delivery of humanitarian assistance
in multiple instances, including the blocking of aid to besieged areas, the removal of
medical aid form the inter-agency convoys, the disregard for needs assessments and in-
formation coming from humanitarian actors in Syria, and the marginalization of other
humanitarian actors in the critical planning phases of crisis response”.32
Non-international armed conflicts still pose a challenge to international humanitar-
ian aid relief organizations in performing their responsibility to protect civilians today.
The legal framework that has been established so far is outdated in some respects.
Given the fact that modern warfare has changed the customs of war, and that the
Geneva Protocols were adopted in a previous era, the legal framework is challenged with
regard to the response to terrorist attacks. Terrorism negates the most basic principles of
humanity underlying the three bodies of law, making it difficult for intergovernmen-
tal organizations to adopt a strategy. Moreover, High Contracting parties can use the
gap in Protocol II as a means to achieve their military aims. Despite the fact that this
act violates the Geneva Conventions and Customs of War, political will and the geo-
political position of a conflict also poses a challenge for humanitarian law to achieve
its mandate.
32 Aid groups suspend cooperation with UN in Syria because of Assad “influence”, in: The Guardian, Sep-
tember 2016.
33 Kate Mackintosh, The Principles of Humanitarian Action in International Humanitarian Law. Humanitarian
Policy Group Report, Overseas Development Institute, March 2000, p. 4.
34 Ibid.
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case of the Former Yugoslav Republics wars. This raises the question of whether the
humanitarian principles have alternatives at their disposal to ensure that a mission is
carried out.
Conclusion
The challenges that humanitarian aid and relief organizations are faced with need to be
addressed in a methodological manner. The first question must deal with the impact of
the migration policy objectives on the basis of evidence, where impact means whether
the adopted policies match the expected results. Secondly, the influence of anti-migra-
tion policy on channelling migration needs to be revised. From the global perspective,
the implementation and results of the New York Declaration for Refugees and Migrants
and the establishment of a global compact in forming a unifying framework to control
migration needs to be revisited.
When it comes to humanitarian aid relief operations, the question of staff security
needs to be addressed. In addition to the security factor, the availability of additional
capacities in the field for humanitarian aid relief operations is an issue to affect the
progress from aid relief to sustainable development.
The tent-based refugee camp model has been proven to violate human rights on a
long-term basis. Therefore, alternative camp models that will eradicate human rights
abuse need to be identified.
Humanitarian principles have been considered to pose a threat for the operation
within. This raises the question of whether the principles should be revised and re-es-
tablished for the purpose of providing greater efficiency and responsive aid relief.
The elements identified above pose challenges to humanitarian aid relief operations.
For humanity to prevail, these challenges need to be overcome speedily in order to
attain a more universal approach in constructing an efficient model.
References
Aid groups suspend cooperation with UN in Syria because of Assad “influence”. In: The Guardian,
online at: https://www.theguardian.com/world/2016/sep/08/aid-groups-un-syria-concern-assad-
united-nations (accessed on September 2016).
Beirens, Hanne; Fratzke, Susan: Taking stock of refugee resettlement. Policy Objectives, Practical
Tradeoffs, and the Evidence Base. Brussels: Migration Policy Institute 2017.
Crisp, Jeff; Jacobsen, Karen: Refugee camps reconsidered. In: Forced Migration Review 3 (De-
cember 1998), p. 1.
Convention relative to the Treatment of Prisoners of War, Geneva, 1929, online at: https://ihl-
databases.icrc.org/ihl/INTRO/305?OpenDocument
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Dark, Gülşah: Beyond the Tent: Turkish engineers respond to squalid conditions in refugee camps,
Daily Sabah news article, online at : https://www.dailysabah.com/feature/2017/02/25/beyond-
the-tent-turkish-engineers-respond-to-squalid-conditions-in-refugee-camps
European Commission: Questions & Answers: Recommendation on the conditions for resuming
Dublin transfers of asylum seekers to Greece. Brussels: Press release, December 2016.
Europe seen on cusp of new humanitarian crisis at Greece-Macedonia border. Reuters, online at:
http://www.reuters.com/article/us-europe-migrants-unhcr-idUSKCN0W344I (accessed on 01.03.
2016).
Galperin, Alexandra: Discourses of disasters, discourses of relief and DFID’s humanitarian aid
policy. London School of Economics, Development Studies Institute Working Paper Series
02–28, London 2002.
Greece recalls ambassador from Austria over EU refugees row. In: The Guardian, online at:
https://www.theguardian.com/world/2016/feb/25/greece-wont-be-lebanon-of-europe-yannis-
mouzalas-refugees-eu (accessed on 25 February 2016).
Hague Convention of 1899: Convention with respect to the Laws and Customs of War on Land,
1899, online at: http://avalon.law.yale.edu/19th_century/hague02.asp#art1
ICRC: The Fundamental Principles of the Red Cross and Red Crescent. ICRC publication (1996).
Kent, Gregory: Humanitarian agencies, media and the war against Bosnia: ‘neutrality’ and framing
moral equalisation in a genocidal war of expansion. In: The Journal of Humanitarian Assistence
(August 2003).
Mackintosh, Kate: The Principles of Humanitarian Action in International Humanitarian Law.
Overseas Development Institute, Humanitarian Policy Group Report (March 2000).
Mengesha, Mewded: Human rights violation in refugee camps: Whose responsibility to protect?
The case of Ethiopia. Lund: Lund University, Faculty of Law 2016.
New York Declaration for Refugees and Migrants. New York: General Assembly of the United
Nations, September 2016.
Oloruntoba, R: Humanitarian aid: an agile supply chain? Queensland University of Technology,
(2014).
Protocol Additional to the Geneva Conventions of 12 August (1949), and relating to the Protection
of Victims of International Armed Conflicts (Protocol I), 8 June (1979), online at : https://
treaties.un.org/doc/Publication/UNTS/Volume%201125/volume-1125-I-17512-English.pdf
Sørensen, Ninna Nyberg; Van Hear, Nicholas; Engberg-Pedersen, Poul: Migration, Development
and Conflict: State-of-the-Art Overview. Geneva: The International Organization for Migration
2003.
Smith, Merill: Warehousing Refugees: A denial of rights, a waste of humanity. In: World Refugee
Survey (2009).
The fall of Srebrenica and the failure of UN Peacekeeping. In: Human Rights Watch 7 (October
1995) 13.
The President of the General Assembly: Transforming our world: the 2030 agenda for sustainable
development. New York: United Nations, August 2015.
The UN Refugee Agency: Handbook for Emergencies. Geneva, February 2007.
The UN Office for the Coordination of Humanitarian Affairs: OCHA Message: Humanitarian
Principle (2012).
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