- Title: [SW Analysis]( The Economist) When is a Refugee Not a
Refugee?
- Posted by/on:[AMJ][Saturday, March 3, 2001]
DISPLACED
PEOPLE
When is
a refugee not a refugee?
Mar
2nd 2001 | BUNDIBUGYO, GENEVA AND MAE SOT
From The Economist print edition
People
who are trapped by war or persecution within their own countries
need help as much as, or more than, official refugees. But the
world has been slow to appreciate their plight
Get
article background
IN THE
past few months, rebels from Sierra Leone and soldiers from Liberia
have clashed with Guinea’s army in a piece of land known as the
Parrot’s Beak, where the borders of all three countries meet. Now
the armies of Liberia and Guinea are threatening full-scale war in
the area. This is where 250,000 refugees, mostly from Sierra Leone,
have been sheltering for several years, many dependent on food from
the United Nations and foreign aid groups.
As
fighting has worsened, their plight has become more desperate. Aid
workers have fled and supplies of food and medicine have been
disrupted. Fearing a huge humanitarian problem, Ruud Lubbers, the
new UN High Commissioner for Refugees (UNHCR),
made his first official trip abroad last month to West Africa and
the Parrot’s Beak. He heard that tens of thousands of people are
even volunteering to return to Sierra Leone—until now known,
reasonably, as the worst place in the world.
As Mr
Lubbers is finding, similar nightmares exist in every continent. Go,
for example, to Asia and the border of Myanmar, formerly Burma.
Roughly 1m people have fled Myanmar for Thailand in the past decade,
in search of food and jobs but also fearing for their lives. Around
100,000 refugees are crammed into camps along that border. They tell
of slave labour, violence, murder, torture and destitution back
home.
Life is
not easy in the camps. The one at Umpiang, near the town of Mae Sot,
is squalid, wet and cold. Slippery orange mud makes it almost
impossible to walk up the steep hill from one smoky hut to the next.
In a crowded schoolroom, children cannot hear their teacher when the
rain thunders on the iron roof. Camp leaders worry that there is too
little for the 4,000 youngsters to do. They are turning to yabba,
an amphetamine made nearby, or to heroin, smuggled across the border
from Myanmar. In the makeshift hospital the doctor talks of typhoid,
dysentery, respiratory and urinary infections, malaria and
malnutrition.
Yet these
displaced people are relatively lucky. They are officially
considered to be refugees, as defined by the UN refugee
convention that was drafted half a century ago:
the term
“refugee” shall apply to any person who...owing to a
well-founded fear of being persecuted for reasons of race,
religion, nationality, membership in a particular social group or
political opinion, is outside the country of his nationality, and
is unable or, owing to such fear, is unwilling to avail himself of
the protection of that country.
Mr Lubbers
and his commission believe that respect for that narrow definition
of a refugee—someone driven “outside the country of his
nationality”—is extremely important. Protecting refugees who
have fled their own country is his “core concern”. Preserving
their legal rights, such as ensuring that governments do not
practise “refoulement” (forcing them home), is a top
priority.
The good
fortune of these refugees is that they have some legal protection
and some political value. Refugees from Myanmar show how unwholesome
that regime is, much as, during the cold war, defectors to the West
from Eastern Europe were welcomed as heroes who demonstrated that
life was more attractive under democracy. Vietnam’s 1.3m boat
people delivered a similar message in the 1970s and 1980s. And
although few of today’s refugees carry an equivalent ideological
value, they have a legal claim to assistance merely because they
have crossed a border—even if, as in the case of the people at
Umpiang, they have hardly come very far.
According
to UNHCR, which has just marked its 50th
anniversary, in December 1999 there were 12m such “genuine”
refugees who had spilled over borders. The refugee agency also keeps
a watchful eye on 1.2m asylum-seekers and on 2.5m refugees who have
returned home. That is not so many in a world of 6 billion, given
the wars and chaos of the past decade. Just after the second world
war, in Europe alone, there were an estimated 40m displaced people.
However,
with a broader understanding of the term “refugee”, today’s
number quickly grows. There are now thought to be 150m people living
outside their own countries. Many, of course, do so of their own
free will. Large numbers do not. According to groups less attached
to the UN definition, such as the United
States Committee for Refugees, at least 14m people have fled over a
border. And an estimated 3.5m Palestinian refugees are usually not
counted in such totals at all.
But all
these figures miss the fastest-growing group of displaced people:
those who do not cross borders, but are adrift inside their own
countries. UNHCR, which has no explicit
mandate to care for these people, says it has helped to care for
roughly 7m of them last year. In fact there are closer to 25m such
displaced people, in over 40 countries. About half are in Africa,
with the rest mostly in the Balkans, Central Asia, Sri Lanka and
Latin America.
Because
they are harder to define than refugees and because, until now, no
effort has been made to count them, nobody knows for certain how
many exist. There are thought to be 4m displaced people in Sudan
alone, and over 2m in each of Angola and Colombia. Dennis McNamara,
a veteran of the UN refugee body and now the UN’s
co-ordinator on internal displacement, says that there are many
millions more people displaced within their own countries than there
are refugees, especially in Africa. This month he will give a report
to the UN’s secretary general, Kofi Annan,
on these “internally displaced people” (IDPs),
demanding that more be done to help them.
Although
these people are not recognised as refugees, they are often just as
vulnerable. At least 70,000 Guineans, for example, have been
displaced and trapped along with the refugees from Sierra Leone in
the Parrot’s Beak. Many also wander back and forth in the Great
Lakes region of Africa. In Burundi, the government has forced
hundreds of thousands of people into “protective villages”,
supposedly to guard against rebel attack, but in reality to prevent
them giving support to rebel armies.
In a
valley in western Uganda, near a small town called Bundibugyo, there
is a camp roughly the same size as Umpiang in Thailand. Again, it is
full of frightened people: Ugandans forced by a cruel rebel army
from their farms and homes in nearby hills. As in the Thai camp,
people live in small huts, some of them just straw or rags, the more
substantial of wood. Although it is safer to be in the camp than
outside it, women leave during the day to tend their fields up on
the valley sides. At night rebels often enter the camps to steal, to
abduct children as soldiers or guides, or simply to spread terror.
Whole families have been murdered as they slept.
The camp
suffers a longer list of medical ailments than the one in Thailand,
but has an even more ramshackle hospital. There are also hundreds of
youngsters with little to do and only a makeshift school. But,
unlike Umpiang, this camp receives few visits from journalists or
diplomats. The UN Children’s Fund stops by
to help; the World Food Programme delivers grain, but it is
sometimes the wrong sort. The Ugandan army tries to give protection
and a few young men also carry guns, but they can give little
security to most families.
In this
part of the country, 90% of the inhabitants, about 100,000 people,
have been forced from their homes by fear and violence. Many have
travelled long distances on foot to get to a camp or to the relative
safety of the town of Bundibugyo, which is now several times its old
size. But none has crossed an international border. None can claim
to be a refugee. They are not the concern of international law, or
of the UN. Although their needs are great,
efforts to help them are therefore quite inadequate.
Future
wars are likely to produce far more such people, rather than
official refugees. Most wars are now within, and not between,
countries. Especially in Africa, but also in the Balkans, Chechnya,
Sri Lanka and Afghanistan, civil wars have pitted civilian militias
against government armies; rebel groups have forcibly recruited
civilians to fight; and the populations of whole villages or towns
have sometimes become hostages of one side or the other.
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Another
tent city, this time in Afghanistan
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Today
there are some 35 armed conflicts going on around the world. Some of
these wars are the result of a geopolitical shaking-out after the
cold war, and so might be expected to abate. But others are the
product of collapsing states, heightened ethnic tensions and
violence driven by economic goals (such as diamond extraction in
Sierra Leone and battles for oil in Angola). Some are simply the
result of large-scale banditry.
Repressive
rulers, such as Iraq’s Saddam Hussein, also displace their own
populations. Ethnic cleansing in Yugoslavia sent millions back and
forth as nationalist Serbs, Croats and Bosnians formed their own
fiefs. The outpouring of refugees from Kosovo into Macedonia and
Albania caused a subsequent displacement of Albanians in their own
country. Inside Kosovo, hundreds of thousands were displaced but
never crossed a border. As once-stable countries fall apart, new
internal borders are drawn up and fought over. But as long as
locally displaced people never cross an internationally recognised
frontier, the outside world (and UNHCR) has
no duty to take action.
Even where
a duty is felt, as in the case of Kosovo, it is far harder to help
somebody who is displaced within a country than a refugee who has
crossed a border. Assisting the displaced requires intervention into
sovereign territory, often against the wishes of the government.
Even where outsiders have been available to give protection, there
have been many failures. The Iraqi government’s attacks on Kurds
led outsiders to create a “safe-haven” for the displaced, but
Kurds have still been constantly attacked. In 1995, UN
soldiers were unable to stop massacres of displaced Bosnian
Muslims sheltering in Srebrenica and Zepa. In Sierra Leone, where
hundreds of thousands of displaced people have now taken shelter
from rebels in areas controlled by UN
soldiers, it is unclear whether they could be protected against a
sustained rebel attack.
Interventions
by bodies such as UNHCR and its 500 partner-NGOs
are increasing, sometimes in combination with military forces. Yet
these still lack the legal imperative of actions to help refugees.
The International Committee of the Red Cross, by contrast, assumes
responsibility for some locally displaced populations, and is given
certain legal dispensations to allow it to help needy people who
have not crossed a border. Should the UN, openly
and officially, take on a similar charge?
Some
officials, such as Kofi Annan, the UN’s
secretary-general, Sadako Ogata, the outgoing UNHCR,
and Richard Holbrooke, the former American ambassador to the UN,
have argued that it should. The UN already
helps some displaced people alongside refugees.
Since 1999, it has spent over $100m on programmes that partly cover IDPs
in Sierra Leone, Angola, East Timor and elsewhere.
Mr Annan
and Mr Holbrooke called for a broad expansion of UNHCR
to take care of all such refugees. Mrs Ogata talked in October of
expanding its brief, but admitted that could be difficult: “In
Africa, the number of refugees is large, but the number of IDPs
is huge. We cannot be responsible for all of them, [and] sometimes IDPs
are much worse off than the refugees.” She argued that
expanding the responsibilities of the UN refugee
body would be a “resource problem”, but no more than that; with
the help of enough people, it ought to be possible.
Mr
Lubbers, her successor, has a very different view. He expects the UN
organisation and its budget (recently $1 billion a year) to
shrink. More of its work will be farmed out to aid groups or other
parts of the UN, and even private companies
or rich individuals will be asked to help refugees.
Mr Lubbers
wants to concentrate on official refugees alone, although he accepts
that, as part of the “UN family”, his
organisation must take note of internal refugees. He cautions
against trying to help too many. There is a risk, he thinks, that
refugee rights could be blurred if extra help goes to those who have
not crossed a border. UNHCR’s statute makes
clear where its responsibilities lie, even if, on the ground, it is
sometimes very hard to distinguish official refugees from the
locally displaced.
Yet the UN
as a whole, through bodies such as the World Food Programme
and Unicef, the children’s agency, could do much more to help
internal refugees if local governments allowed it. That will be the
proposal in Mr McNamara’s report, which also points out that those
governments have primary responsibility for people displaced in
their territory. The first step, in many cases, is to get
governments to admit that they have displaced populations at all.
Sometimes,
as during civil wars or when states are collapsing, it will be
impossible to get permission from host governments to help IDPs.
But outsiders know that help is ineffective without co-operation, or
at least non-interference, on the part of local officials and
soldiers. In Uganda or Burundi, for example, aid and protection get
to internal refugees only when the governments allow it. In the
Parrot’s Beak in West Africa, help for refugees and displaced
people depends on the goodwill of at least three governments and one
rebel group. Without it, do-gooders risk becoming entangled in a
civil war.
How can
the UN persuade aid-donors and host countries
to take more responsibility for the internally displaced? It can
argue that stable populations are essential for economic
development. It can push for efforts to remove the causes of mass
displacement, by tightening rules on the trade in small arms,
diamonds, timber, oil and other goods which helps fuel wars in poor
countries. Peacekeepers help too: hundreds of thousands of IDPs
will soon go home in Eritrea and Ethiopia as the UN
redeploys after a peace agreement there. “It must be part
of a broader effort to deal with the nasty side of globalisation,”
says Mr McNamara.
If donors
consider their own interests, they may also want something to be
done about the internally displaced before they become refugees, and
then asylum-seekers, in rich countries. Already, the biggest donors
to UNHCR tend to be the countries that
receive the highest number of official requests for asylum. These
countries have every incentive to dry up refugee flows at source, if
possible by containing people within their own borders.
After the
cold war, asylum applications rapidly increased in Europe, peaking
at 700,000 in 1992. After a decline, they have been going up again,
reaching nearly half a million a year once more by the end of 1999.
Cheaper air travel, an increase in trafficking in humans, a growing
wealth gap between poor and rich countries, and demands for cheap
labour in Europe and America will all encourage more such
applications.
Western
European countries have responded to bigger flows by tightening
asylum procedures, granting only temporary asylum to those fleeing
wars and speeding the repatriation of people who lose claims to
stay. Some western countries have also diverted such applicants to
Eastern Europe, which since 1997 has become a net importer of
asylum-seekers rather than a net exporter.
It may be prudent,
therefore, to give IDPs aid and
protection before they decide to seek a better life elsewhere.
Delivering that aid and protection may be cheaper than dealing with
huge increases in the numbers of asylum-seekers. Such help will not
be easy. But as borders weaken in a globalising age, the importance
of internally displaced people will come to rival that of refugees;
and the duty of outsiders to do something should become all the more
obvious.
_________________________________________________________________________
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