Logical Analysis Of The United Nations High Commissioner For Refugee "dogma" Of The West And For The West

 were internally displaced while some crossed the
  LOGICAL ANALYSIS OF THE UNITEDborder to neighbouring countries. UN 1951
NATIONS HIGH COMMISSIONER FOR REFUGEESconvention does not recognize this set of forced
(UHNCR) AS THE   “DOGMA” OF THEmigrants because they did not cross the border
WEST AND FOR THE WEST.of their country as in contradiction with the
”I propose, taking men as they are and lawsUniversal Declaration of Human Rights of 1948
as they can be, to inquire whether the politicalwhich stated that human beings shall enjoy
order admits of organizing principle that is bothfundamental rights and freedoms. Even the so
justifiable and conducive to stability. I shallcalled ‘refugees' the UN 1951 convention
endeavour, throughout the inquiry, to wed thatclaimed to cater for are not enjoying the stated
which is right permits to that which interestlaws especially African refugees. My question from
prescribes, so as to reconcile justice and utility atthe above stated proposition is this: does it mean
every point ”1.      that just because citizen B was internally displaced
There is no truth in ignoring the fact that thedue to religious crises, environmental hazards,
establishment of UNHCR is for political purposes ofearthquakes etc he/she ,     has no right
the west and for the west. This could be tracedunder the UNHCR obligations?
to the historical overview of the west during theI discovered that there is no single legally binding
world wars. The League of Nations Highlaw or convention that the IDPs fall under. There
Commissioner for Refugees was created for thewere so many debates that the IDPs should be
purpose of the problems created by Russianincluded in 1951 convention but to no avail.
refugees. I shall briefly explore the roles ofOrganization for the Coordination of Humanitarian
UNHCR as a dogma in some countries of theAffairs seems to be the best option but due to
world to lay a foundation for my arguments. Also,international politics, the body was never given
I shall use three logical propositions for mysuch mandate. The IDPs suffer so much neglect
arguments.from both national and international bodies. For
                UNHCR was a productexample in Nigeria, there was religious crises
of cold war established to cater for the protectionrecently in northern part of the country where
of some set of people called ‘refugees'. TheChristians and Muslims attacked each other and
term refugee was defined in Article 1A of thethis left so many people homeless because
1951 Convention as follow:houses, mosques, churches, etc were burnt .
‘For the purpose of the present convention,Hundreds of people also lost their lives. At least,
the term ‘refugee' shall apply to any personthere should be a body(other than Red Cross)
who...as a results of events occurring before 1legally binding to take the ordeal of such people to
January 1951 and owing to well-founded fear ofconsideration because the national government
being persecuted for reasons of race, religion,might not want to do anything to help those
nationality, membership of a particular social groupinvolved but if international law like that of
or political opinion, is outside the country of hisrefugees is binding on them believe the national
nationality and is unable or owing, to such fear, isgovernment will see to their case. At the later
unwilling to avail himself of the protection of thatend of the Jos crises in Nigeria, so many families
country: or who, not having a nationality as awent there to pick their loved ones home while
result of such events, is unable or, owing to fear,some were sent money to come home. My
is unwilling to return to it'.2question is this, what about victims who do not
The representation of the above definition ishave anybody? What would be their fate?
analysed as follows:PROGNOSIS
Proposition 1.    If A is a citizen of CThere are so many scholars who have discussed
Then A moves from C to D (due to violence,and contributed to the amendments of some
war, persecution etc)refugees laws. Susan Martins proposed that
Therefore A is covered under the obligation ofUNHCR should: “(1) advocate alleviation of the
UNHCR in D.causes of forced migration;(2) stimulate early
Proposition 2.    If B is also a citizen of Cwarning of and response to refugee emergencies
Then B moves from point p to q within C. (dueto prevent displacements and mitigate
to violence, earthquakes, etc)longer-term impacts;(3)utilize humanitarian
Therefore B is not under the obligations ofassistance in a manner that reduces tensions,
UNHCR in C.stabilises communities, limits the potential for its
 diversion to military purposes, and reaches those
 in need without unnecessarily requiring their
 movements towards the aid;(4)encourage safe
In this paper, I seek to based on the aboveand orderly repatriation in a manner that supports
propositions, reveal the inadequacies of the 1951peace and reconciliation”10.
Convention and to argue that UNHCR is a politicalIn addition to Susan Martin's view, I suggest the
weapon of the West, meant to achieve personalregional Convention or laws that will include both
interests.refugees and IDPs and other forms of forced
Proposition 1 above shows that a refugee is anymigrants for future occurrences. What I meant
person who crosses the border of his or herby this regional law is that each continent should
country due to violence, persecution, war and sohave a law that caters for every form of forced
on. And it is the role of UNHCR to cater for suchmigrants because migration cannot be stopped
person irrespective of the person's backgroundand so, we shall always have refugees.  My
and race. Looking critically into the roles of UNHCRpositionthat International refugee law is made for
recently, there is need to question its existencethe West can be seen in the below statement. Of
and policies. A recent example that readily comesJeff Crisp in the work of Laura Barnett:
to mind is the fall-out of the earthquake that“The O.A.U definition makes sense in Africa,
happened in in inHaiti, January, 2010. Thisbut not in industrialised states. Taking the
earthquake left hundreds of thousands homelesspragmatic line, you need public opinion on your
and caused the death of so many people. side and European Western context is not ready
Jamaica radio online reported on January 27th thatfor an O.A.U definition...Pragmatically, no new
some ‘Haitians were arrested at Bahamasdefinition will be accepted and agreed upon(by
and detained because Bahamas governmentrelevant actors)”11.
claimed that they moved illegally to its territory'3.The question is who are the relevant and the
.US government official made a statement thatirrelevant actors? Gervais Appave, Director of the
any Haitian in US before the earthquake shall beMigration Policy Research at IOM, Geneva cited in
given protection. The implication of this statementthe work of Laura Barnett contends that “no
is that those that were forced to move as acountry even wants to reopen the debate on the
result of earthquake are not welcomed. The mostconvention refugee's definition”12.
unpalatable statement came from one UNThe implication of the above statements is that
representative during one of the radio programmethe international migration laws are meant for
that any country that wants to receive Haitianspolitical purpose to favour the West (has its root
should ignore their voodoo. Besides, UNHCR hasfor Russian refugees after the world wars) and
no presence in Haiti, then why these comments. Itraumatize other continents or countries of their
reflected on the roles of UNHCR having seeninterests. We could see that 1951 convention was
what happened in Haiti. Basically, the role ofestablished basically for refugees of events that
UNHCR is to protect such people that left theiroccurred before 1st January, 1951 and not for
country to another country in search of securityuniversal or general purpose.
and not to be detained in another country.                I therefore call on
Though, UNHCR might want to claim that theAfrican leaders, stakeholders, NGOs, media,
state has legal power to do that but what aboutpolitical leaders and the concerned bodies and
the 1951 convention that stated that such personcountries to rise up to the challenge of protecting
or people should be given protection at that pointrefugees, IDPs, forced migrants and other forms
in time. I am not surprised at the statements ofof migrants under the same law irrespective of
world powers (US&UN) because UNHCR wasthe race or religion. Also, they should be base on
created as a tool of the world powers. Anotheruniversal law of human rights and freedoms.  The
example that is very obvious was seen inbelow proposition is generated from the two
 in      Tara Polzer's work on legalpropositions above and this represents how the
framework. According to her “Mozambicans inlaws governing refugees and other forms of
South Africa have never been subject to ormigrant should be:
protected by an established and structuredProposition 3.    If A and B are from C.
refugee law” 4. The implication of this Therefore A and B are under the same law U
statement is that the Mozambicans that movedwhether in C or not.
to South Africa due to civil war in their countryThe implication of the above proposition is that if
were faced with so many problems concerningthere is bad occurrence like war, and A is able to
their refugee status. I can't imagine that themove out of the country and B is internally
UNHCR that was supposed to protect the rightsdisplaced, the law that guides the protection of A
of the Mozambican refugees in South Africain the country of destination should also guide B
during this period was used as a tool towithin its own country.
traumatize the Mozambican refugees. MozambicanFinally, I recommend the definition of refugee as
refugees were supposed to enjoy their refugeestated in the 1969 Convention of OAU in Article 1
status under the objectives of UNHCR butsection 2, which states that the term
reverse was the case. Tara maintains that ‘“refugee shall also apply to every person
in contrast, outside the territory of thewho, owing to external aggression, occupation,
homelands, Mozambicans refugees were treatedforeign domination or events seriously disturbing
as illegal aliens under the Aliens Act(Act 96 ofpublic order in either part or the whole of his
1991) and its predecessors, and were activelycountry of origin or nationality, is compelled to
sought out and deported'5. Crush and McDonaldleave his place of habitual residence in order to
cited in the work of Tara also claimed thatseek refuge in another place outside his country
“ACA's draconian deportation regime wasof origin or nationality”13.
designed as a ‘thinly disguised state assault onThe above definition of refugee under 1969 OAU
forced migrants from war-ravagedconvention brings in every other form of forced
Mozambique”6.  Furthermore, the UNHCRmigrants under its umbrella and I recommend this
that was supposed to protect the rights of theas a plausible definition to merge with or replace
Mozambican refugees in South Africa unlawfullythe old traditional definition of 1951 Convention till
deported some of them. Tara posits that ‘there is formulation of a law that would be legally
UNHCR colluded with violation of the right of thebinding on all kinds of forced migrants.
free movement through the continued de facto
spatial restriction of the refugees to the rural 
homeland areas, and the violation of Articles 27
and 28of the 1951 UN convention...'7. This meansREFERENCES
the contradiction of law that was supposed to1. Jean Rousseau. The Social Contract, translated
guide UNHCR due to political interests in theby Willmore kendall, (Chicago-Henry Regnery
state-Mozambican refugees matter. I learnt thatCompany, 1961).P1.
some Mozambican refugees also were2. United Nations. Conference on the Status of
traumatized mainly because of their participation inRefugees and Stateless Persons,Geneva.2-25th
the South Africa election. To Tara,”...theJuly,1951.P2
deportation of Mozambican refugees was a3. Jamaica radio online. www. 4. Tara Polzer.
‘party-political act' of revenge by“Adapting to Changing Legal Frameworks:
Mangosuthu Buthelezi, the IFP minister of theMozambican Refugees in South Africa” in
Department of Foreign Affairs...”8. Also, TaraInternational Journal of Refugee Law.
stated that UNHCR' campaigned the reduction ofVol.19.No.1.P23
National and Social Development Programme5. Ibid.P.30
funding for food for Mozambican refugees from6. Ibid.P.30(cf)
R11million to R4million arguing that food aid would7. Ibid.P.31
keep people wanting to return to Mozambique'9.8. Ibid.p.36
The above examples really showed that UNHCR9. Ibid.p31.
was not meant for some countries or continents10. Susan.F.Martin,.Global Migration Trends and
refugees because there is an element of bias andAsylum,(UNHCR 2001).P.21
political interests in what they did.11. CF. Laura Barnett. “Global Governance and
                I shall elaborate furtherthe Evolution of the International Refugee
in the second proposition stated above concerningLaw” in International Journal of Refugee
the roles of UNHCR. Those in category B asLaw.Vol.14.No.273.2002.P.258
stated above are the Internally Displaced People12. Ibid.P.258
(IDPs). For instance Haiti experienced the greatest13. O.A.U, Convention Governing the Specific
lost of life and materials in the history of theAspects of Refugee problems in Africa, Addis
country due to the earthquake that occurredAbaba, 6-10th,1969.P.
January, 2010. Hundreds of thousands of people