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JRS-funded research about internally displaced people in Kenya found that 90 per cent of respondents displaced by tribal land clashes feared to return home due to ongoing hostility.
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You can download the research here (PDF file - 157 KB)
 

The research, undertaken between August 1999 and June 2000, explains the survival strategies of internally displaced people in Luanda. Seven researchers were involved in the project conducting interviews in the camps and different neighbourhoods. The research focused on: Food: the majority of the displaced people have access to only one daily meal; Employment: the vast majority is unemployed. They are mainly farmers, an activity they cannot undertake in Luanda. Clothing: Access to clothing is limited because of scarcity of money. The parents prefer to buy clothes for their children rather than for themselves.
 

Through an examination of the history of the concept of temporary protection, the relevant conclusions adopted by the Executive Committee of the Programme of the UNHCR, and the writings of jurists, this position paper tackles questions such as situations of mass influx of asylum-seekers or the right to apply for determination of refugee status. The relationship of temporary protection to the Refugee Convention; the relationship between cessation of temporary protection and cessation of refugee status; and the relationship between cessation of temporary protection and the durable solution of voluntary repatriation are analysed.

The provisions of the Temporary Safe Havens Act and associated regulations are set out and critiqued. Key problems with the Act and regulations are identified.

It is recommended that the Australian government ensure that persons protected under the rubric of temporary safe haven be permitted to apply for refugee status and that the criteria for refusal and cancellation of temporary safe haven visas be amended. It is also recommended that alternative forms of accommodation for persons sheltered under the rubric of temporary safe haven be pursued; that they be permitted to work without restriction; and that the encouragement of voluntary repatriation with financial incentives be balanced with an assessment of and information as to whether a change of a fundamental, stable and durable nature has occurred in the country of origin.
 

JRS is concerned by Australia’s adoption of the Border Protection Legislation Amendment Act 1999, which enshrines the concept of “safe third countries” in Australia. The submission sets out the relevant parts of the new legislative provisions, compares the legislation with relevant standards adopted by the executive committee of the program of the UNHCR and with the European arrangements relating to safe third countries.

JRS submits that the legislation falls short of the standards adopted by the UNHCR and compares unfavourably with the European arrangements which themselves have been subjected to reasoned criticism. JRS respectfully recommends that UNHCR take up the issue of the new legislation with the Australian authorities with a view to seeking its repeal.
 

In the light of the exploitation and mistreatment faced by Haitian migrants in the Dominican Republic, JRS considered it useful to give a legal explanation of the rights Haitians are granted by international law. The purpose of the paper is a double one: First, as a working tool for NGOs working to protect and promote the rights of Haitians in the Dominican Republic, to offer all Haitians a basic human rights education. Secondly, the findings of the paper might help those who want to make a complaint concerning the violation of their human rights. Part C of the paper explains the relevant procedures established by international law. The paper does not claim to be comprehensive. It is only meant to be a working tool. Click here for a copy of the report in English.
 

This article examines the practice of refugee status determination as conducted by UNHCR, looking particularly at UNHCR’s practice in a number of Asian countries. Although the practice differs from one office to another, the practice is found to be generally deficient when assessed in the light of international human rights law, and by comparison with the practices of many governments. In some respects, the standards which UNHCR lays down for governments are not complied with in the practices of UNHCR itself. The author argues that international human rights law now prescribes standards for refugee status determination, and that UNHCR is bound to comply with these standards.

The article further points out that there have been considerable advances in administrative law systems in many countries in recent years, based on the need for governments to be open and accountable to the people they serve. These advances have had considerable impact on refugee status determination processes in many countries, but appear to have made little impact on UNHCR. The article argues that UNHCR’s own refugee status determination process needs a major overhaul. In line with its responsibility (and current priority) of promoting refugee law to governments, UNHCR should, in its own practice, be providing a model for all governments to aspire to. For the full report click here.
 

The desire to break the silence and to understand better the complex problem of illegal migration in Europe led JRS to commission three country studies on illegal migration. The countries chosen for examination were the UK, Germany and Spain. They are intended to provide abroad view of the problem of illegality across countries with diverse migration histories. Each of these offers detailed insights into the situation of illegals in these countries, gleaned from many hours of interviewing illegals and those who provide assistance to them.

A synthesis report brings together the findings of these national reports. It is animated by three major aims. First, to provide an English summary of the national reports, written originally in English, Spanish and German respectively. Second, to draw out some common themes from the national studies that are likely to be applicable across all European Union countries. Third, to give a number of recommendations for policy responses towards illegal migrants at European level. The policies advocated in the report are intended to form the basis of humane and rights-respecting responses by European governments to the phenomenon of illegal migration.

The research on Germany "Illegals in Deutschland", was written by Joerg Alt (j.alt@hfph.mwn.de). He has published his research with "von Loeper Literaturverlag", 1999. This book can be obtained via bookshops or at amazone.de; the english summary of the book: Alt, J. (1999) Illegals in Germany. English translation of the Executive Summary of the German research can be obtained from: http://www.hfph.mwn.de/igppap/alt.htm

The Spanish research has been published by the University of Deusto, Human Rights series vol.4, 1999. "Los inmigrantes irregulares en España".

The full text of the study on irregular migrants in the UK can be obtained clicking here, Anderson, P. (1999). In a Twilight World - Undocumented Migrants in the UK.

There is a synthesis report of the above research commissioned to Matthew Gibney, of the Refugee Studies Centre in Oxford, Outside the protection of the law: The situation of irregular migrants in Europe.

Click here to download the full PDF version of the research
 

The research of Anna Garcia on the conditions of returnees in two provinces of Cambodia requested by JRS Cambodia.

Jesuit Service Cambodia encourages other agencies working in returnee areas to look into the situation of returnees there and to collaborate on appropriate action.
They also encourage UN agencies involved in repatriation efforts, governments and aid agencies to respond to the open questions Ana raises at the end of her study so ongoing discussion of the issues and needs surrounding voluntary repatriation may be addressed.

Responses can be made directly to Anna Garcia or to email jrscam@forum.org.kh 

Reflections on the events during the exile of the Rwandans in refugee camps in eastern Congo and the dismantlement in October 1996 of their settlements, due to the war in the Congo (then Zaire).

Experiences, humanitarian dilemmas, testimonies, are all dealt from a human and Christian perspective. Click here to download the full text (in French).  A summary of these reflections has also been published in Spanish in "Politica Exterior", July-August 2000, "Los refugiados en los Grandes Lagos".