Read On! Protection of Refugees and Migrants against Xenophobia

In response to the terrorist attack against Mexicans and Mexican Americans on August 3, 2019, the UN Secretary General stressed “the need for all to work together to counter violence rooted in hatred, racism, xenophobia and all forms of discrimination.”[3] The transnational evolution of xenophobia requires a committed response by the international community. My article in the latest edition of the Brazilian Yearbook of International Law discusess the rise of nativism, populism, and authoritarianism in the world and the situation of foreigners and persons perceived to foreigners, including refugees and IDPs. There are currently three scenarios faced by refugees and IDPs: protracted camps/warehousing, urbanization, and detention. This article outlines the range of human rights violations and accountability gaps in each of the three scenarios faced by refugees, arguing that these are examples of structural xenophobia. It discusses normative gaps within international law and analyzes the role of compliance mechanisms in the UN Human Rights Treaty Body Regime and regional human rights bodies. The article underscores the risk of inaction by the international community in the face of discrimination against refugees, using the case study of Norway.  The conclusion suggests a way forward by supporting the proposal for a new Protocol to the UN Convention on the Elimination of Racial Discrimination addressing xenophobia.  The Yearbook is available here


[1] See UN General Assembly Resolution 73/262, A Global Call for Concrete Action for the Total Elimination of Racism, Racial Discrimination, Xenophobia and Related Intolerance, A/Res/73/262 (15 January 2019).

[2] https://www.theguardian.com/us-news/2019/aug/04/mexico-legal-action-us-terrorism-amlo

[3] SG/SM/19689 5 August 2019

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