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The refugee problem - time for a “new order”

By Guy Goodwin-Gill - posted Friday, 3 March 2006


As history has shown, state self-interest will continue to play a role. History also suggests many governments will continue unwilling to learn from the past, preferring to underestimate peoples’ capacity for self-preservation when faced with desperate circumstances and risk to life and liberty.

That is why community-based organisations have a critical role to play now, as they did in the past, in reminding political leaders that they too may be held accountable.

Ideally the international refugee regime stands for this. Anyone compelled or constrained to leave their country of origin should be ensured protection of their human rights.

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Any state receiving a refugee should be able to call on the support of other states party to the protection regime - and that states, international and non-governmental organisations, and others, will cooperate in finding solutions at an individual and global level.

The regime’s goal is to moderate the inherent tensions - states, their interests and self-interest - to protect rights and achieve solutions.

One of the many related challenges over the coming decades for states which count themselves democratic will be to integrate human rights into every aspect of public life and public action, not just as a matter of form but of substance also.

The best realisation of these goals lies not through compliance mechanisms alone. It will be achieved only when every legislator, policy-maker, and decision-maker begins by automatic, reflective reference to the standards so solemnly declared in the Universal Declaration of Human Rights and other instruments.

Equally, if any of us is serious about resolving the human rights causes of flight, then human rights must be externalised in effective, coherent and focused policies of assistance to the process of democratisation, conflict mediation, and civil society.

We can’t continue to be simply reactive, content to wring our hands in the face of forced migration. Nor can we continue to dehumanise and demonise refugees, asylum seekers and migrants and seriously expect to solve anything.

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The refugee problem is a human rights problem - first and foremost for refugees themselves. But it is also a human rights problem for us so far as the demand for protection within our borders truly tests the mettle of our commitment - and the strength of our acceptance of the principle that everyone has an equal right to dignity and worth. 

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Article edited by Allan Sharp.
If you'd like to be a volunteer editor too, click here.

This article is an edited and abridged version of the third of three lectures Dr Guy Goodwin-Gill gave in Australia in 2005 for the Kenneth Rivett Orations. Part 1 and part 2 have also appeared in On Line Opinion.



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About the Author

Dr Guy S. Goodwin-Gill is currently a Senior Research Fellow at All Souls College at the University of Oxford. He was previously the Professor of International Refugee Law at Oxford, the Professor of Asylum Law at the University of Amsterdam, and worked for over a decade for the United Nations High Commissioner for Refugees.

Other articles by this Author

All articles by Guy Goodwin-Gill
Related Links
Beyond self-interest: Australia’s post-Tampa choices - On Line Opinion
Refugee Council of Australia
Refugees - we’d like to help, but … - On Line Opinion

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