A Second
Edition: The mid-2006 international
reviews of the 1st edition were posiitve,
but hinted about an update. A UN Human
Rights Council has replaced the UN
Commission on Human Rights. The 2nd
edition takes account of this and makes
other small changes. It adds more insights
into regional human rights mechanisms, the
links between human rights and refugee law
and the increased role of the High
Commissioner with internally displaced
persons. Otherwise, the thrust remains as
in the 1st edition.
Table of
Contents
Chapter 1.
Introduction and History
Ancient
Notions
and Classical Refugees
Migration and Seeking Refuge
The Twentieth Century and the End of
Empires
The UN Refugee Regime - UNHCR Plus
2. Refugee
Populations: Where, Why and What to
Do
Refugee
Numbers
and Violent Conflicts Factors
Causing
People to Move Addressing
the
Causes Finding
Solutions
3. Refugees,
States and the UN World Order
The
Nation
State, Citizenship and Refugees
The Evolving UN World Order
Globalisation, Modernisation and
Co-operation
4. Refugees in
Camps, and Mass Movements
Camps
in
General
Unprotected 'Safe' Areas
Armed Refugees, Intimidation and
'Separation'
Evacuation and UN Withdrawal
5. Dispersed
Refugees: Settlement and Asylum
Settlement
Needs
for Refugees
Government Management of Asylum
Asylum Seekers and their Rights
Resettlement
6.
A
Closer Look at the Lead Actor:
UNHCR
A Mandate for Protection
and Solutions Directives for an Agent
of the UN Advice by Governments
Appointed EXCOM Financed by Voluntary
Funding Independent
Oversight and Accountability
7.
Supporting Actors of the UNHCR
Plus Regime
UN
Relief and Works Agency for
Palestine
Refugees in the Near
East,
The Red Cross Movement
The International Organisation on
Migration
Office for Co-ordination of
Humanitarian Affairs
ICVA and NGOs
8. Refuge,
Status and the 1951 Convention
Article
33
Refuge, Non-refoulement and
related Non-expulsion
Convention Rights and Obligations
The Convention Refugee Definition
The Question of Supervision
9. The Role of
Human Rights Systems
The
UN Charter System and the UN Human
Rights Council World
Regional Systems Human
Rights Treaty Complaints
10. What's Next
in Management, Charity and Rights?
Defining
the Regime and Refugees Management to address
causes, to contain conflicts,
or
to prevent refuge? Making Charity Predictable
and Shared Towards A
Rule of Law with International
Rights
TOP
Click:
PRAISE FOR THE 1st
EDITION
Reviews
“This book
introduces most of the global
issues, dilemmas, conundrums and
complexities of today's refugee
world, providing an accurate
overview and a coherent summary of
human rights and refugee systems…
... For those already well versed in
refugee issues the final chapter
will prove the most stimulating ...
...The recurring use of the charity
model is a useful tool of
analysis. … ... In spite of
these criticisms, students of Forced
Migration or Refugee Studies short
courses and summer schools will find
Tom Clark's book a useful primer. As
a prescribed text it would help
students understand ‘how the regime
works and when voices can be raised
so as to make a difference’ ...”
Paul White, 19
Journal of Refugee Studies 136
(2006)
"Tom
Clark's book provides a very nice
overview of international refugee law
(IRL), drawing strength from many of
the author's personal reflections. ...
... It combines thoughtful reflection
with clarity of expression and economy
of language. ... ... Chapters 6, 7 and
8 of Clark's book deal with refugee
law both in its institutional —
including not only UNHCR, but other
key actors — and legal dimensions.
While these accounts are necessarily
brief, the author offers an
interesting picture of how refugees
are protected and assisted. His very
good assessment of the protection
mandate (p. 128, and following) is
followed by a thorough and creative
interpretation of article 33 in cases
of mass influx (p. 178, and
following). ... ... " Luis
Peral, 18 International Journal
of Refugee Law 475
(2006)
Comments
"The
Global Refugee Regime is a strong
plea for western governments to
follow the rule of law in their
treatment of refugees. After
eighteen years in refugee research,
writing and advocacy, Clark lucidly
weaves together forced migration,
the best - and worst - of refugee
law, the needs in camps, and current
"best practices" in resettlement. He
does it in a compelling display of
experience and sound research along
with penetrating insight into global
pressures and institutions. He finds
reasons for hope for refugees, but
only if we can act on the conviction
that we live in a world that is and
must be shared."
Jack Costello, Professor, and
Coordinator of the Jesuit Refugee
Service in English Canada
"This
is an important subject. Tom Clark's
long association with ecumenical
efforts to increase protection of
refugees gives him an excellent
background from which to grapple
with this urgent issue."
Beth Ferris, World Council of
Churches
"A
timely overview. Clark presents,
integrates and reflects on the range
of refugee issues. An important
contribution to the field."
Susan McGrath, Director, Centre
for Refugee Studies
TOP Click
QUOTATIONS
"Refugee
work challenges the fundamentals of
the nation state and the world order
of the United Nations. Refugees
force a local society to examine the
core of what belonging to that
community means. They challenge us
to improve not just the State, but
large parts of the world order we
live in.
"Violent
conflicts
around
the world correlate with the globe's
Internally Displaced Persons and
refugees, but the cause...goes
beyond the local political conflict.
External factors and "significant
foreign involvement" were almost
invariably linked to a prolonged
armed struggle and a related large
refugee flow.
"Clearly
better
ways
have to be found than calling on the
military force of one or two States
to address causes of refugees. The
fact that the ways are not yet
apparent should not deter us from
seeking them.
"Improving
the UN system and the co-operation
among UN and other agencies in early
warning, prevention, relief and post
conflict peace building is an
important part of improving the
global refugee regime.
"Intended
to be a temporary emergency measure,
camps can remain in place over years
and decades while opportunities to
address the cause fail to arise and
States and the UN allow refugee
producing situations to drag on.
"Some
big steps have been taken to move
the resettlement process away from
the selection of refugees on the
basis of unashamedly national
interests towards an international
assessment of need for protection.
More can be done to move
resettlement even further towards
the rule of law.
"A
more consistent and international
use of the various human rights
procedures for refugees, by refugees
and by NGOs, could help to achieve
better prevention, better protection
for refugees and more secure
solutions.
"The
evident desire of powerful States to
retain flexibility in their
management of refugees comes into
conflict with the need for greater
implementation of international
human rights.
"By
promoting enforceable international
rights for vulnerable groups like
asylum seekers we non-asylum seekers
secure the rights for ourselves in
our own hours of need.
