TEIMUN 2011 11th July – 17th July
ECONOMIC & SOCIAL COUNCIL (ECOSOC) Topic III:
Improvement of Refugees’ Economic Conditions
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Introduction
There are approximately 50 million internally displaced people (IDPs) and refugees due to natural disasters, persecution, conflict, and war throughout the world. Around two-thirds of these people live or shelters in developing countries. The areas of primary concern, according to the large numbers of IDPs and refugees, are: South-West Asia (6.2 million), Eastern Africa and the Horn of Africa (5.0 million), South-East Asia (4.8 million), the Middle East (4.6 million), and Central Africa and the Great Lakes (3.9 million), but also Europe, Latin America, and North America are hosting millions of IDPs and refugees.1 States, international organizations, non-governmental organizations (NGOs) and other actors have been involved with the fate of these people by establishing international agreements and organizations and by offering direct support. However, the poor situation of people who had to flee their village or country, does not always improve when they arrive in safe havens (especially when they arrive in large numbers): camps can be crowded and often lack a sufficient supply of food, water, hygienic facilities, medicines, or social services. The duration of their stay is uncertain and the living conditions are not of a high standard. On the other hand, accommodating IDPs and refugees may have serious effects for countries and its inhabitants, and thus governments do not always have an open-door policy. Hosting IDPs and refugees and providing them with basic needs may involve societal difficulties and high costs, which societies are not always able (or willing) to pay. Furthermore, large groups of displaced persons may have destabilizing effects on a hosting country or region, which is a reason for governments to be careful by admitting large quantities and thereby leaving many in dire situations. Consequently, many IDPs and refugees encounter a terrible period after their escape through uncertainty and bad living conditions, and the future prospects are not always very bright. Additionally, some recent global developments have had significant effects on the numbers and wellbeing of IDPs and refugees. The economic and financial crisis threatened the jobs and
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UNHCR, Global Appeal 2011 (update) (2011), 116-117.
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livelihoods of millions of people. International financial flows like migrant remittances, foreign direct investment, and development assistance decreased. This had an enormous impact on people dependent on these flows. Secondly, the growth of the world population continues on a steady path. By 2050, it is believed to be multiplied by one and a half to reach 9 billion people. The overwhelming majority of these people will be born in developing countries, meaning that the number of stateless people or children growing up in camps could grow. Thirdly, an acceleration of urbanization leads to a higher density of people on specific places of the earth, which makes larger groups vulnerable for single natural or violent incidents. Fourthly, the internal or external displacement of populations is increasing due to natural disasters and climate change. Fifthly, it is becoming more difficult to establish safe havens for IDPs and refugees by the changing nature and complexity of conflicts. Sixthly, the scarcity of food, water, and energy are a direct threat to the lives of refugees and IDPs.2 Consequently, international awareness and action for the growing problems of refugees and IDPs is desperately needed.
International Agreements and Initiatives
According to the ‘United Nations Convention relating to the Status of Refugees’ of 1951, and the additional ‘Protocol relating to the Status of Refugees’ of 1967 (which removed geographical and time limitations), a refugee is defined as:
‘A person who owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of 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; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.’
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This definition however can be interpreted quite narrowly, as it focuses on individual persecution only and does not mention people who are fleeing from conflict or war. Therefore it has become the starting-point of different interpretations and extensions of the definition. Some regional organizations (like the Organization of American States and the Organization for African Unity) have extended the definition of a ‘refugee’ to those fleeing generalized violence. IDPs are considered as 2
UNHCR, Global Appeal 2011 (update) (2011), 31-37. Convention relating to the Status of Refugees (28 July 1951), http://www2.ohchr.org/english/law/refugees.htm; Protocol relating to the Status of Refugees (4 October 1967), http://www2.ohchr.org/english/law/protocolrefugees.htm. 3
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people facing the same problems as refugees, but who have not crossed an international border (yet).4 Currently, 147 countries have ratified the convention and(/or) protocol. Major absentees to the ratification of these documents are: India, Indonesia, Pakistan, Saudi Arabia, Thailand and some other Middle Eastern and South-East Asian countries. Reasons for non-ratification differ, due to internal and regional matters.5 Economic refugees, migrants and welfare seekers are not included in these documents. Despite the fact that people can face harsh economic circumstances in their home village or country, they differ fundamentally from the definition of IDPs and refugees. ‘Migrants, especially economic migrants, choose to move in order to improve the future prospects of themselves and their families. Refugees *and IDPs+ have to move if they are to save their lives or preserve their freedom.’6 Consequently, when speaking about IDPs or refugees, one should have a clear image on the distinction with economic migrants.
The main actor to lead and coordinate international action for the worldwide protection of refugees and the solution of refugee-related problems, is the United Nations High Commissioner for Refugees (UNHCR). The UNHCR was founded in 1951 and its primary purpose is to safeguard the rights and well-being of refugees. It is also authorized to be actively involved with the fate of IDPs and people who are stateless. It works in partnership with governments, regional organizations, international and non-governmental organizations (NGOs). This year, the UNHCR is offering assistance for refugees in 125 countries and has a budget of 3.32 billion dollar. More than 36 million people are of concern to the organization, of which 10.4 million refugees and some 26 million IDPs.7 Another major actor, operating only in a specific region, is the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). This organization was established after the Arab-Israeli war of 1948 by the UN General Assembly in 1949,8 and started its operations on May 1, 1950. Nowadays, it provides assistance, protection, and advocacy for some 4.8 million registered Palestinian refugees in Jordan, Lebanon, Syria, and the Palestinian territories (the Gaza Strip and the West Bank). Because a solution has still not been found for the Palestinian refugees (and/or the Israeli-Palestinian conflict), its mandate has been repeatedly extended, currently expiring
4
Amnesty International Canada, http://www.amnesty.ca/Refugee/who.php (accessed 20 March 2011). UNHCR: States Parties to the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol (As of 1 April 2011), http://www.unhcr.org/3b73b0d63.html (accessed 25 April 2011). 6 UNHCR’s website, http://www.unhcr.org/pages/49c3646c125.html (accessed 10 March 2011). 7 UNHCR, Global Appeal 2011 (update) (2011), . 8 UN GA Resolution 302 (IV), 8 December 1949. 5
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on 30 June 2014.9 UNRWA has played a significant role for the Palestinian refugees in the past 60 years. 10 The Inter-Agency Standing Committee (IASC) is a forum for humanitarian coordination, policy development and decision-making between key UN and non-UN humanitarian partners (like the FAO, OCHA, UNDP, UNHABITAT, UNHCR, UNICEF, WFP, WHO, ICRC, IOM and the World Bank). The agency includes multiple subsidiary bodies like working groups and task forces for specific humanitarian topics and crises. The agency aims to strengthen the overall response capacity of its partners as well as the effectiveness of response in case of new emergencies, by using a so-called ‘cluster approach.’11 This approach is designed to encourage communication and cooperation between the different organizations to avoid overlapping projects and counteracting activities. In case of emergencies involving large groups of refugees and IDPs, the UNHCR is the leading organization in the IASC to form a mutual response. The Millennium Development Goals (MDGs) were formulated to inspire development efforts, leading to, among other goals, the reduction of extreme poverty and hunger, the achievement of universal primary education, and the improvement of maternal health services. Despite that none of the eight goals deals specifically with IDPs and refugees, they are all connected with the wellbeing and living conditions of people who escaped natural catastrophes or conflict and who become completely dependent on the assistance of governments, international organizations, and NGOs afterwards.12 Displaced populations are especially vulnerable to low humanitarian standards but they have not been supported by the MDG project to strengthen their protection and/or find durable solutions for them.
Trends and Major Cases
In the last 15 years, a shift has taken place in the rate of refugee numbers to those of IDPs. Whereas the amount of refugees in the world can be labeled as ‘stable’, being around 25 million people, the number of people that are internally displaced steadily increased up to 27.5 million at the end of 2010, and has reached the highest point in a decade. The region with the most IDPs was Africa, with roughly 11.1 million people (40 per cent of the world’s total in IDPs). The top-five countries with the
9
UNRWA’s website, www.unrwa.org (accessed 10 February 2011). Lance Bartholomeusz, ‘The Mandate of UNRWA at Sixty,’ Refugee Survey Quarterly (May 2010), 452-474. 11 Inter-Agency Standing Committee’s website, http://www.humanitarianinfo.org/iasc/pageloader.aspx?page=about-default (accessed 27 February 2011). 12 United Nations, The Millennium Development Goals. Report 2010 (New York 2010), 14. 10
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most IDPs (at the end of 2010) were: Colombia (3.6-5.2 million), Sudan (4.5-5.2 million), Iraq (2.8 million), DR Congo (1.7 million), and Somalia (1.5 million).13 Research has been done on the origin and destination of refugees. Statistical evidence demonstrates that most refugees flee to neighboring countries, and thereby they remain in the region of origin. Roughly one fifth (17%) of the refugees live outside their region of origin. The five major source countries of refugees were (in 2009): Afghanistan, Iraq, Somalia, DR Congo, and Myanmar. The five major refugee hosting countries were (in 2009): Pakistan, Iran, Syria, Germany, and Jordan.14 New natural catastrophes and political conflicts in the last year may have changed these statistics.
Natural Catastrophes Natural disasters are among the leading causes of internal displacement world-wide. Sudden-onset events like earthquakes, tsunamis, volcano eruptions, and mudslides kill thousands each year, and lead to the displacement of even more people. The earthquake that struck Haiti on 12 January 2010 affected around three million people. The earthquake and tsunami that devastated Japan on 11 March 2011 has led to the displacement of more than 410,000 people in the affected area. 15 Governments cannot be held responsible for these natural catastrophes but they should be well prepared for disasters and respond adequately afterwards.
Outbreak of Political Violence Political violence can be both a tool as a threat to states, governments, and populations. Currently, for example, thousands of civilians have fled their homes in Côte d’Ivoire due to the conflict about the disputed presidential elections between Gbagbo and Ouattara and the increasing political violence afterwards. More than 500,000 people have been internally displaced since December 2010, and more than 100,000 people have sought refuge outside the country. The current revolution or uprising in the Arabic world affects millions of people in North-Africa and the Middle East. The people of Tunisia and Egypt have seen a more or less peaceful end to their late political regimes. However, Libya is caught up in a Civil War between Muammar Gaddafi’s forces and the insurgents supported by the international alliance. More violence is reported in Syria, Yemen, Bahrain, Algeria and Oman. The numbers of IDPs and refugees due to the violence and the uncertain political future 13
Internal Displacement Monitoring Centre, Internal Displacement: Global Overview of Trends and Developments in 2010 (Geneva 2011). 14 UNHCR, 2009. Global Trends. Refugees, Asylum-seekers, Returnees, Internally Displaced and Stateless Persons (Geneva 2010), 8-9. 15 Internal Displacement Monitoring Centre’s website, www.internal-displacement.org (country-profiles) (accessed 21 March 2011).
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vary, but the daily reports indicate some major challenges for the region and surrounding countries, among others those in Europe.16 The outbreak of political violence is more common in fragile states and is supported by flawed government systems. In a nutshell, the cure lies in the redesign of political, economic, and legal structures. These have to be modified so they include local/national models, establish institutions for identity groups, unify (political) fragments and institutionalize cooperation, integrate state and society, increase the government capacities, and promote economic development.17
Continuing Violence There are other, more long-lasting events, which have established a major source of IDPs and particularly refugees in the world. Ongoing wars and civil wars, terrorist attacks and the resulting instability and insecurity have created a continuing flow of people migrating from Afghanistan, Iraq, Somalia, the DR Congo, and other countries. The prospect on improvement is small in these countries in the short term. Efforts to reduce the amount of IDPs and refugees uprooted by continuing violence should focus on solving provincial and national conflicts and on establishing peace and security.18
Juridical Status and Political Conditions
A person or group who seeks sanctuary outside the area or country for fear of prosecution, violence or harm, depends heavily on the applied definition of ‘refugee’ and the recognition of the ‘refugee status.’ The UNHCR has formulated procedural standards to determine when a person is given the refugee status.19 Nevertheless, the Convention and Protocol leave much freedom for interpretations and therefore national policies for the recognition of refugees differ. Once a person has obtained the refugee status, it has to provide him or her specific rights under the Convention, such as the right to non-discrimination, property, housing, employment, religion, and schooling. However, these rights a refugee is entitled to are not always implemented and so the legal conditions for refugees vary. Amnesty International is monitoring the status of refugee and IDP-rights per country, and provides a large collection of shameful practices (also in Western countries).20 Hence, having the legal status of
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The Guardian, daily newspapers, www.guardian.co.uk Seth D. Kaplan, Fixing Fragile States. A New Paradigm for Development (Westport and London 2008), 49-64. 18 Secretary General’s Reports to the Security Council, http://www.un.org/documents/repsc.htm 19 UNHCR, Procedural Standards for Refugee Status Determination under UNHCR’s Mandate (2005). 20 Amnesty International’s website, http://www.amnesty.org/en/refugees-and-migrants (accessed 15 March 2011). 17
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‘refugee’ can be of great importance for people who had to flee their village or country, but its implementation may depend on the hosting country. A nationality offers persons specific rights in a country and makes it possible to cross international borders. However, ‘an estimated 12 million people worldwide do not possess a nationality or enjoy its legal benefits.’ These are the stateless, and among refugees, statelessness is a common problem.21 The UN General Assembly has adopted the Convention on the Reduction of Statelessness in 1961, which states that the contracting parties shall grant their nationality to persons born in their territory.22 This is, however, not always applied to refugees, partially because only 36 states have ratified the convention. Refugee hosting countries are not eager to grant their nationality to ‘new borns’; especially in regions with a large number of refugees, many children are born among them. It is usually unknown how long these groups will remain on their soil for and thus how many new citizens that would create. Hence, granting the nationality to a single refugee baby could have major implications for these countries, and thus many children remain stateless. When these stateless children grow up, whether they have returned, if possible, to their parent’s country of origin or stayed in the host country, the consequences become more visible. Besides the lack of political rights, statelessness has multiple effects on the economic and social welfare of people as well. They cannot open a bank account, own property, go to school, travel abroad, or register the birth of a child.23 Which options do national governments have when they are hosting refugees and which solutions do refugees face when they are recognized as ‘refugees’? Generally speaking, three political options can be considered: repatriation, nationalization, and resettlement. Both the refugees as hosting governments, generally speaking, mostly desire repatriation. But although most refugees hope to return to their country of origin and to be able to rebuild their lives in a familiar environment, and hosting governments mainly support this goal, repatriation is only possible when the conditions within the home country have improved. A certain level of safety and stability has to be reached before refugees can return. Secondly, refugees might desire to be integrated into the hosting country through nationalization. National governments, however, are not always very keen on nationalizing refugees because it might change national demographics and have additional costs for society as a whole. Changes such as those are politically unattractive. Thirdly, there are many refugees for whom neither repatriation nor nationalization in their first country of asylum is possible, and for these refugees, permanent resettlement in a third country may be the most appropriate
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UNHCR, Global Appeal 2011 (update) (2011), 44-47. Convention on the Reduction of Statelessness (30 August 1961), http://www.unhcr.org/refworld/docid/3ae6b39620.html ; Article 1. 23 Refugees International, http://www.refugeesinternational.org/who-we-are/our-issues/statelessness 22
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durable solution. That could be the case when the conditions in the initial country of asylum undermine the prospect of nationalization or other forms of integration, like excluding refugees from employment, denying them the right to practice their religion, or withholding them from education.24 The options for refugees heavily depend on the policies of national governments and it remains unclear what the political destiny of refugees will be in many cases – such as that of Palestinian refugees in the Middle East - affecting millions of people day by day.
Social and Economic Conditions
The living conditions of refugees do vary in every country. Seen as most refugees live in camps in developing countries, however, that will be the main focus of analyzing the social and economic conditions. Access to food and water are the most significant determinants of people’s survival, but catastrophes and conflicts, as well as being on the run, seriously jeopardize this fundamental human need. People in refugee camps are usually dependent on humanitarian assistance in their food supply, particularly when ‘hosting governments apply a strict encampment policy and incomegenerating and agriculture activities are prohibited. In these cases it is of critical importance that food supply is regular, ensured and well balanced.’25 Thereby the amount of kilocalories and the level of micronutrients should be sufficient to prevent malnutrition and vulnerability to diseases. However, a joint review of the UNHCR and the World Food Program (WFP) in 2006 indicated that unacceptable rates of malnutrition were present in protracted refugee camps, especially in Africa (above 15 percent). Water shortages can have dramatic effects on displaced persons by causing dehydration or unhygienic living conditions. This was demonstrated after the genocide in Rwanda, when 60 thousand people died from an insufficient water supply and relating diseases. On a worldwide average, the camps do have adequate water availability. There is, nevertheless, a variance in the deviation of the UNHCR’s standard of at least 20 liters of water per person, per day.26 The health status of IDPs and refugees are often in a very poor condition. Along the journey, migration-related deaths are common (by uprooting, separation from family, and bad transport) but the conditions do not always improve when they arrive in a safer environment. Due to a longstanding prior lack of access to curative and preventive health care and hygiene, infections and diseases spread quickly in camps. Although one might think that the conditions for refugees will be superior in
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UNHCR’s website, http://www.unhcr.org/pages/49c3646c1d.html (accessed 7 February 2011). UNDP (Bart de Bruijn), Human Development Research Paper 2009/25. The Living Conditions and Well-being of Refugees (2009), 18. 26 Ibid., 18-30. 25
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Western hosting countries, research has indicated that alcohol abuse and suicide among refugees who are able to reach these countries is multiple times higher than among the national population.27 There are a variety of psychological consequences of being a witness or a victim of a natural disaster or political violence, being on the run, and staying in camps or other shelters afterwards. The main severe mental health issues IDPs and refugees have to deal with are posttraumatic stress disorders (PTSD), chronic anxiety, and depressive reactions. Hosting countries and IDP or refugee camps cannot always offer adequate psychological support for victims of such issues, although it is desperately needed. Unfortunately, the refugees and IDPs who do gain access to psychological assistance and counseling, do often still suffer from paralyzing cultural and linguistical barriers. Early mental health intervention is required to prevent the severity and chronicity of these psychological issues.28 Opportunities of employment and education for IDPs and refugees should be considered an essential strategy in the rehabilitation and normalization of their living conditions. Employment is often hard to establish despite constrained freedom of movement in local societies by the restrictive policy of governments, which are in disagreement with the Convention and Protocol. Other problems which people face in finding employment are: absence of personal documents, impossibility to register, limited markets, remote located camps, poor knowledge of the local or national language, and adverse attitude by surrounding communities. Many displaced persons have therefore found alternative ways to improve their livelihood in camps. People living in camps develop activities such as farming, trading and providing potentially illegal services on a small scale. The access to education is a human right, and it contributes to the self-reliance of refugees. The empowerment of refugees is important in the creation of human and social capital, which is much needed after conflict, and the improvement of individual development. Education can furthermore help in the protection of refugee children against exploitation and abuse, and help on informing about reproductive health and infectious diseases like HIV/AIDS. However, employment and education cannot be realized for IDPs and refugees in many circumstances. As most displaced persons shelter in developing countries, the possibilities to create work or establish schools are not always there. A 2007 assessment indicated that only 37 percent of all camps met full enrolment in education programs.29 To conclude, the above underlines how poor the social and economic conditions often can be for IDPs and refugees, and which results these conditions have for the health of displaced persons 27
Manuel Carballo and Aditi Nerukar, ‘Migration, Refugees, and Health Risks,’ Emerging Infectious Diseases (June 2001), 556-560. 28 Armen K. Goenjian et al., ‘Prospective Study of Posttraumatic Stress, Anxiety, and Depressive Reactions After Earthquake and Political Violence,’ The American Journal of Psychiatry (June 2000), 911-916. 29 UNDP (Bart de Bruijn), Human Development Research Paper 2009/25. The Living Conditions and Well-being of Refugees (2009), 37-47.
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and their future prospects. Many improvements of these conditions can and perhaps should be made but through the lack of financial possibilities and the political will, that could be hard to achieve.
Challenges for the ECOSOC
Although the ECOSOC is not the primary UN-body to develop policies and measures for the assistance and relief of refugees and IDPs, it does coordinate specific UN agencies (like the UNHCR) and it adopts resolutions to make recommendations.30 The ECOSOC-meeting during TEIMUN 2011 can thus be used to influence existing national and international policies and to promote new initiatives, hence to improve the conditions for refugees and IDPs. Some political, jurisdictional, and socio-economic challenges that could be taken into consideration are the following: â—?
The legal status of refugees is sometimes subject of discussion. For example, when refugees commit or are involved with terrorist activities, the UNHCR and UNRWA have different consequences for the legal status of a refugee. This double standard shapes uncertainty for states, makes the formation of statistics contested, and it fuels criticism by academics. Could the ECOSOC formulate a single stance whether refugees have an international right to retain their refugee-status at all time, or that it can be taken under certain circumstances?
â—?
National laws and policies determine the possibilities for refugees to gain asylum and find safety. Despite international humanitarian norms and rights, in many occasions, national systems do not live up to these standards. Is this council willing to discuss national laws and policies, and implement new rules to improve the living conditions for refugees?
â—?
The UNHCR has described three possible solutions for refugees: repatriation, local integration, or resettlement. These options do, however, have major consequences for the refugees themselves, the refugee hosting countries, and the region were the refugees and
30
See the UN Charter, Article 62 and 63.
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countries are located. How do the ECOSOC members perceive these possible solutions, taking into account their national interests? ●
The IASC has not been developed as a quick and effective forum for the support of IDPs and refugees yet. Up until now, many international organizations and NGOs respond to new catastrophes and violence individually without the coordination of their operations. Can the IASC play an important role, or how can the ECOSOC promote cooperation among actors?
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The Millennium Development Goals do not specifically mention IDPs and refugees, but only refer to the ‘vulnerable.’ Setting certain objectives can inspire and mobilize efforts by states and organizations. Should the ECOSOC formulate specific international goals to achieve for the living conditions of IDPs and refugees?
Bibliography
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Protocol relating to the Status of Refugees (4 October 1967), http://www2.ohchr.org/english/law/protocolrefugees.htm. Refugees International, http://www.refugeesinternational.org/who-we-are/our-issues/statelessness. Secretary General’s Reports to the Security Council, http://www.un.org/documents/repsc.htm United Nations, The Millennium Development Goals. Report 2010 (New York 2010). UNDP (Bart de Bruijn), Human Development Research Paper 2009/25. The Living Conditions and Wellbeing of Refugees (2009). UNHCR, 2009. Global Trends. Refugees, Asylum-seekers, Returnees, Internally Displaced and Stateless Persons (Geneva 2010), 8-9. UNHCR, Global Appeal 2011 (update) (2011). UNHCR: States Parties to the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol (As of 1 April 2011), http://www.unhcr.org/3b73b0d63.html (accessed 25 April 2011). UNHCR, ‘The Wall Behind Which Refugees Can Shelter,’ Refugees (July 2001). UNHCR’s website, www.unhcr.org. UN Charter (26 June 1945), http://www.un.org/en/documents/charter/. UN GA Resolution 302 (IV), 8 December 1949.
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