Showing posts with label Elizabeth Gibson. Show all posts
Showing posts with label Elizabeth Gibson. Show all posts
Report cover with photo by Greg Constantine.
By Elizabeth Gibson*

On the first day of school, children often worry whether they'll make new friends or like their teachers. But in the Dominican Republic, some confront a far graver concern: Will I be turned away because I don't have a birth certificate?

A report published today by the Human Rights Institute at Georgetown University Law Center shows that many children born in the Dominican Republic but descended from foreigners, particularly Haitians, are denied an education. For generations, such children were recognized as citizens, but within the last decade, the Dominican government has refused to issue many of them birth certificates, identity cards and other essential documentation, rendering them stateless. The report, Left Behind: How Statelessness in the Dominican Republic Limits Children's Access to Education, concludes that the Dominican Republic is failing to comply with its domestic and international human rights obligations, including the human right to education.

"We wanted to look at the human impact that statelessness has on children through the lens of education as an important enabling right," said Georgetown Law student Jamie Armstrong, LLM'14, one of the report's editors. "Education is critical to the development of a child and it is a gateway to full civil, political, economic, social, and cultural participation in society. What we found, however, is that this path is often barred with devastating consequences for children who are stateless or at risk of statelessness."

By Elizabeth Gibson

Statelessness is normally the purview of systematic discrimination, mass displacement, or state death – Rohingya living in a state of eternal limbo in refugee camps, families of Haitian descent trapped as an underclass in the Dominican Republic, or former residents of the Soviet Union who were abroad when their country literally ceased to exist.

Now, the United Kingdom is toying with making statelessness a punishment, and the international human rights community is less than amused (to use some British understatement).

A stateless person has no recognized citizenship in any country. Real statelessness is not just having your passport revoked (like Edward Snowden), it is legal non-existence, a lack of the “right to have rights.” During the House of Lords debate on a proposed immigration bill amendment today, Baroness Helena Kennedy explained:

“Deprivation [of citizenship], with all its consequences in the modern world, is equivalent to a penal sanction of the most serious kind, but imposed without a criminal trial, without a conviction, without close and open examination of the evidence, and without an effective opportunity of defence, contrary to the requirements of due process.”

Now, in fairness, statelessness exists in every country to varying extents – there are an estimated 12 million stateless people in the world. There also are other cases of states stripping someone's nationality based on national security or moral character. However, most of the world is seeking to reduce statelessness, and countries like the United Kingdom generally receive stateless people from other parts of the world but rarely create statelessness. For example, the United States just reworked its nationality law to eliminate a rare form of accidental statelessness last month, and the United Kingdom itself was applauded by the U.N. Refugee Agency last year for introducing a mechanism that created a path to legal status for stateless persons.
By Elizabeth Gibson*

The U.S. State Department has just rolled out a new policy that should help reduce a rare form of statelessness caused by a conflict of laws related to Assisted Reproductive Technology (ART).

Technologies designed to help infertile couples have children have greatly improved over the past few decades. The use of egg and sperm donors as well as gestational surrogates has become increasingly common, and last month nine Swedish women made headlines for receiving womb transplants.

However, the law has often struggled to keep pace with the evolving definition of what it means to be a mother or father, especially as couples travel across borders in search of cheaper or newer procedures. In some cases, couples have used Assisted Reproductive Technology overseas only to later be told that they cannot take their newborn home because conflicting laws say the child is not their own or does not qualify for citizenship in their home country.
By Elizabeth Gibson

The United States is using P-1A visas intended for "internationally recognized athletes" as a way to open its borders to professional video game players (yes, that's a thing). These visas are traditionally used for getting athletes to sporting events hosted in the United States.

NPR has a fascinating story on the immigration concerns of virtual athletes. But don't count on your gaming system getting you across the border just yet. So far, the issuance of P-1A visas to gamers appears relatively limited, with one visa granted to a professional South Korean StarCraft player and another granted to a Canadian League of Legends pro.
By Elizabeth Gibson*
Deputy High Commissioner T. Alexander Aleinikoff

The United Nations’ refugee agency knows how to set up refugee camps, but finding long-term solutions to get refugees out of those camps is not easy.

The Deputy High Commissioner of UNHCR, T. Alexander Aleinikoff,** presented the 34th Annual Thomas F. Ryan Lecture at the Georgetown University Law Center yesterday, and he emphasized that the international community needs to rethink its response to refugee situations.

“Non-solutions have become the norm and literally hundreds of thousands of refugees have become forgotten people,” he said. “We have to move away from the paradigm of dependence that currently defines the refugee regime.”

Protecting the rights of refugees and providing for their basic needs is the bread and butter of UNHCR’s work—and it’s crucial, lifesaving work. However, no matter how much of a success you might consider Thai camps that provide shelter, food, medical attention, and education for families fleeing persecution in Myanmar, it is worrisome that the camp is 35 years old and still relying on food aid, Prof. Aleinikoff said.
Former Mississippi Gov. Haley Barbour.
By Elizabeth Gibson

It’s not a revolutionary concept, but the United States needs to start thinking about how immigration can benefit the country, and former Mississippi Gov. Haley Barbour says that means thinking of immigration in terms of economics.

“We are in a global battle for capital and labor,” he told a crowd of immigration policy makers and legal practitioners today.  “We need good immigration reform. What we’ve got now is terrible. It doesn’t work for anybody.”

The former Republican governor of Mississippi was speaking at the 10thAnnual Immigration Law and Policy Conference at the Georgetown University Law Center. The event, co-sponsored by Georgetown and the Migration Policy Institute, is being webcast, including an address at 2:45 this afternoon by Republican Sen. John McCain of Arizona.  

During Barbour’s address, he said Americans need to stop worrying that immigrants are stealing jobs. He told a story about a chicken processing factory in Mississippi that is almost entirely staffed by Hispanic workers. The government tried to use the factory as a site for a program that puts inmates at work in the community and lets them keep their earnings. The program is usually very popular with inmates, but they never lasted more than a week in the chicken factory before deciding they would literally rather be in prison because the work was so difficult. Barbour said the moral of the story is that immigrants are doing the work that Americans need done but don’t want to do.

As the populations of Western countries age, there is increasingly a need to import labor, and how well the United States competes for that labor will shape the future of the U.S. economy, Barbour said.

Although he was not speaking on behalf of the Bipartisan Policy Center, Barbour co-chairs the think-tank’s immigration task force and said the task force’s new report has the economic statistics to back him up. The Migration Policy Institute's research on immigration and labor also is worth a look.

But what do you think?
By Elizabeth Gibson
 

Under pressure from European regulators, Facebook stopped using facial recognition in Europe last year and deleted existing data on European users. However, PC World and the Washington Post are reporting that the issue may be resurfacing.

Facebook released proposed changes to its privacy policy last week, and German regulators told PC World that they are concerned that the policy mentions facial recognition. For now, Irish regulators said they have confirmed with Facebook that the feature is still disabled in Europe.

Read more at PC World and the Washington Post
By Elizabeth Gibson

After half a century of isolation under military rule, there have, of course, been challenges in reopening Myanmar’s economy to foreign investment. The easing back of one of the United States’ most stringent sanctions regimes does not necessarily mean investment in Myanmar is going to be simple.

Reporting requirements for investors interested in Myanmar aside, one of the early challenges appears to be getting financial services in Myanmar. Despite the lifting of general sanctions and the elimination of sanctions against some key politicians, Myanmar’s banks are still on the Treasury Department’s blacklist. President Obama and the State Department announced this past May that some Myanmar sanctions would be lifted in recognition of the Myanmar government’s reform efforts, but that does not mean Myanmar, formerly Burma, is starting with a clean slate.

Sanctions - Is World of Warcraft Sanctions Compliance More Than a Joke?

by Elizabeth Gibson


[Editor's Note: GJIL is having a symposium on the issue of international sanctions - The Evolution of Economic Sanctions: Increasingly Financial, Multilateral, and Robust - on February 13, 2012. Therefore, each month The Summit will feature a post on sanctions. We encourage you to attend our symposium.]

     Over the last month, the media has been all over the story of Iranian gamers getting kicked off World of Warcraft in the name of sanctions compliance, and who can blame them with all the great punch lines about elves, trolls, and the U.S. government?

     However, in addition to the mystery of why exactly Blizzard Entertainment chose now to shut down Iranian accounts (sorry, no refunds), the situation has raised other interesting issues. Should interactive community games be considered a productive form of communication for sanctions purposes, and how much does all this matter in a world where savvy gamers quickly reconnected by rerouting their Internet through foreign networks?