1 Understanding Human Rights and the Refugee Story © The Advocates for Human Rights 2008.

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Understanding Human Rights and the

Refugee Story

© The Advocates for Human Rights 2008

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Overview

A. The Advocates for Human Rights

B. Refugees and AsyleesC. The Refugee JourneyD. How and why we should protect

refugees and asylees

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The Advocates for Human Rights

Who we are and what we do

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The Advocates for Human Rights

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The Universal Declaration of Human Rights

“Whereas recognition of the inherent dignity and of the equal and inalienable rights o fall members of the human family is the foundation of freedom, justice and peace…”

-The UDHR was created in 1948

-First document to recognize universal human rights inherent to every human being

-30 articles

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Refugees:

Who, What, Where, & Why

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Who is a Refugee?

ARNI / UN Archives / CH2265 Accessed at unhcr.org

1951 Convention relating to the Status of Refugees“a person who is outside

his/her country of nationality or habitual residence; has a well-founded fear of persecution because of his/her race, religion, nationality, membership in a particular social group or political opinion; and is unable or unwilling to avail himself/herself of the protection of that country, or to return there, for fear of persecution.”

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What’s the difference?Refugee vs. Asylee

RefugeeMust apply for admission to the U.S. Refugee Program while overseas in another country than their own

All processing, applications, waivers, registration, etc. must be completed before the person arrives in the United States

Both “Refugee” and “Asylee” refer to a status grounded in a “well-founded fear of persecution” due to race, religion, nationality, membership in a particular social group, or political opinion. Asylee

Applicant has already gained entry to the United States (i.e. work, tourist, student visa) and is afraid to return to their home country due to fear of persecution

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Not to be confused with…

Internally Displaced Persons (IDP)-Also forced to flea their homes, but remain within the borders of their home country; 24.5 million in at least 52 countries (including in America)

Stateless Persons-Person with no citizenship or nationalityMaybe because state has ceased to exist with no successor state; or person born into disputed territory

Temporary Protected Status (TPS)-Person is in the United States (i.e. tourist, student, work visa) and is afraid to return home because of “temporary” problem (i.e. natural disaster, armed conflict or other ‘temporary’ conditions’)

10Source: World Refugee Survey 2008

Where do Refugees come from?Top 10 Nationalities of Refugees in the U.S.China: 16,800

Haiti: 12,300

Cuba: 11,700

Somalia: 11,600

Colombia: 8,200

Russia: 8,100

Liberia: 6,900

Iran: 3,900

Guatemala: 3,400

Vietnam: 3,400

Ethiopia: 3,200

Indonesia: 3,100

Ukraine: 3,100

Venezuela: 3,100

India: 2,800

Nicaragua: 2,400

Myanmar: 2,200

Sudan: 2,200

Other: 42,800

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Where do Refugees come from?A Look at Minnesota

Source: Refugee Health Program Minnesota Department of Health 2007

12Source: UN Refugee Agency (UNHCR) “2007 Global Trends” Published June 2008

Where do Refugees go?Major Refugee-Hosting Countries: End of 2007

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Where do Refugees go?Refugee Arrivals by State of Residence (2007)

6,699

4,394

3,198

2,978

2,691

0 2,000 4,000 6,000 8,000

Californa

Texas

Minnesota

New York

Florida

Source: US Department of State (Bureau of Population, Refugees, and Migration (PRM)

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Where do Refugees go?A Look at Minnesota

Source: Refugee Health Program Minnesota Department of Health

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What are some of the factors that “push” people out of their

countries of origin, and “pull” them to a country

of destination?

Why the United States?

MN Department of Health (2008) 16

Why Minnesota?

MN only takes refugees who have an anchor relative

already in MN

MN has many Voluntary Resettlement Agencies or

VOLAGs

• Catholic Charities

• International Institute of Minnesota

• Lutheran Social Service of Minnesota

• Refugee Services of the MN Council of Churches

• World Relief Minnesota

• Jewish Family & Children's Service

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Who gets to come to the U.S.?

Understanding Refugee Visas

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“Refugee Ceiling”

Each fiscal year, President sends proposal “Report to Congress” of maximum number of refugees allowed

Ceiling for refugee visas in Fiscal Year 2008: 80,000

Broken up into “Regional Programs”Africa, East Asia, Europe and Central Asia, Latin America and the Caribbean, Near East and South Asia

further broken up by “Priority” 1. Individual Referrals2. Group Referrals3. Family Reunification

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For example…

Source: Proposed Refugee Admissions for 2008; Report to Congress

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The Refugee Journey

www.energyofanation.org 22

Refugees may have to leave their home lands without warning. They may have to walk extremely long distances to escape danger.

Imagine that you have to flee Minnesota on foot. You have two hours to pack. Take 2 minutes to make a list of 3 things that you would bring and be prepared to explain your reasons.

But First…

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Refugee Camp

Register with the Untied Nations High Commissioner for Refugees (UNHCR) to apply for “refugee status”

The average stay in a Refugee Camp is 5-10 years.

Many camps are heavily guarded and surrounded by barbed wire.

Refugees are often cruelly treated by guards.

Refugees await solutions to problems in their homeland.

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Refugee Camp: How would you feel?

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What happens next?

Rolling Stone

Refugee Camp

Voluntary Repatriation Local Integration Resettlement

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Voluntary Repatriation

Refugee is repatriated to their home country after conflict/fear of persecution is resolved. Conditions have changed sufficiently; allows the return of the majority in safety and dignity.

-the return must be lasting and sustainable

-the return must take place without forces pushing refugees to leave or barriers preventing return

-the return can take place under conditions of :legal safety – absence of discrimination, freedom from

persecution physical safety - freedom from attack, safe routes of

return material safety – a means of livelihood and access to

basic service

Best case scenario, but is very rare in occurrence

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Local Integration

Some refugees are allowed to leave refugee camp to resettle in the country of asylum

Usually happens when countries are neighbors, share similar cultures or language

Can cause culture shock or tensions between refugees and citizens of their new country

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Resettlement

-UNHCR refers only about 1% of refugees for resettlement in third country

-Family ties, trade skills, professional abilities, language, and various factors are considered by UNHCR when matching a refugee to a resettlement country

-Countries with resettlement programs: Australia, Canada, Denmark, Finland, The Netherlands, New Zealand, Sweden, Norway, Switzerland, and the U.S.

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Seeking Admission to the U.S. Resettlement Program• Meet U.S. eligibility requirements to apply

• Get referred by UNHCR or the U.S. Embassy

• Fill out INS I-590 Form

• Overseas Processing Entity (OPE) compiles file, establishes priority, forwards to U.S. Embassy

• Interview with INS Officer

• Background and medical checks

• Interview with Department of Homeland Security

• Passing applications go to State Department

• In some cases, final interviews with CIA and/or FBI

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Pre-Travel Requirements

1. Assurance Process – U.S. resettlement agency guarantees they are prepared to receive each refugee

2. Medical Clearance – some conditions may make refugee ineligible

3. Security Clearance – depends on country of origin

4. Cultural Orientation – emphasize importance of self reliance; classes a few hours-several days

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Travel

www.amblusaka.um.dk

The International Organization for Migration (IOM) arranges air travel

Before leaving, refugee signs a promissory note promising to repay IOM for travel costs starting 6 months after their arrival

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Arrival in the U.S.

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First steps in U.S. Resettlement

Apply for Social Security Number School Registration

Medical Evaluation English Language Training

Fact Sheet: Differential 34

Federal Assistance for Refugees and Asylees

A. Exempt from time requirements on TANF, SSI, and Medicaid

B. Eligible for food stamps (as with everyone else)

C. In the first 90 days, private VOLAGS contract with the Department of State to provide food, housing, employment, medical care, and counseling to help with self-sufficiency

D. Certain refugees also qualify for cash and medical assistance

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Becoming a Full Member of the Community

•Finding Employment – U.S. government expects all working age adults to find a job within 6 months of arrival

•Gaining Permanent Residency – can apply for Permanent Resident Alien (PRA) status (green card) after one year

•Becoming a Citizen – can apply for citizenship after living in the U.S. for 5 years

•Building a New Life – spend many years overcoming past trauma, locating family members, adjusting to American culture, building careers, raising family, and becoming a part of their new communities

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Local Integration: How would you feel?•Loss

•Anxiety

•Concern

•Faced with the reality that you may never go home

•Loss of friends and family

•Loss of culture

•Language Barriers

•Concerns over cultural adaptation

•Daily survival issues

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Human Rights and Refugees

Article 13: Right to free movement in and out of the Country

Article 14: Right to seek and to enjoy asylum from persecution

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Human Rights

Human rights violations are a main reason behind the mass exodus of people from a country

Refugees have rights which should be respected prior to, during, and after the process of seeking asylum

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Human Rights

• Human rights apply to everyone

• International ethical standards uphold the minimum requirements

• Human rights can’t be taken away, aren’t based on status or official recognition

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Refugees require extra protection

Department of Homeland Security Secretary Michael Chertoff recently described refugees as “the world’s most vulnerable people,” emphasizing that the “United States is deeply committed to protecting and assisting refugees” as a vital component of the goal of securing our homeland.

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Non-Refoulment

Reinforces the urgency of protecting Refugees

Protects refugees from being deported back to a place where they are in danger of being persecuted or tortured

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Take Action! What can you do?Write articles for your school or community newspaper

Advocate

Volunteer- Opportunities right here at SeAM

Increase awareness of refugee and immigrant issues

Participate in World Refugee DaySaturday, June 20- events here in Twin Cities!http://tcworldrefugeeday.org/

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Ways to Learn More About Refugees and Immigrants

Energy of a Nation Web-siteA. Fact sheetsB. Legislative updatesC. Breaking newsD. Reports

www.energyofanation.org

Fact Sheet: Differential 44

Other Resources

- U.N. Refugee Agency: www.unhcr.org

- U.S. Committee for Refugees and Immigrants: www.refugees.org

- Center for Victims of Torture: www.cvt.org

- Minnesota Department of State Refugee Health: http://www.health.state.mn.us/refugee/

- Amnesty International: http://www.amnesty.org/

Fact Sheet: Differential 45

Questions? Comments?

Thank you!

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Understanding Human Rights and the

Refugee Story

Southeast Asian MinistryFebruary 7, 2009

Rebecca Riedell© The Advocates for Human Rights 2008