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nets.62 Many arrive in a terrible condition, too weak to walk or stand and chronically
undernourished. Yet most of them are detained and held in processing or detention centres,
before being forcibly repatriated to their own countries. The response of Europeans is
increasingly militarized to control immigration and patrol the borders. The European Union has
set up rapid reaction teams of border guards in a new institution called Frontex. Frontex’s first
Operation Hera II involved patrol boats, airplanes and helicopters from Spain, Italy, Finland and
Portugal operating along the borders of Mauritania, Senegal and Cape Verde to intercept boats
and return them immediately to shore.63
61.
The European Governments are not the only ones who see the drama of migration as
primarily a military and police problem. Hundreds of thousands of Mexicans and other
Latin Americans attempt to cross the border into the United States. When tens of thousands of
people were arrested trying to cross illegally the border during 2005 and 2006, President Bush
signed into law the Secure Fence Act which included plans to build a 1,125 km fence to prevent
people from illegally crossing the border.64 Australia has also been criticized for the tightening
of its migration and asylum policies.65
B. The need to recognize refugees from hunger
62.
The rights of refugees are legally protected under the 1951 Convention relating to the
Status of Refugees. Elaborated in the aftermath of the Second World War to protect people
fleeing from communist countries, the objective of international refugee law was to protect
people who had a well-founded fear of persecution, understood as severe violations of their civil
and political rights. Legal developments at the regional level, in particular in Africa and
Latin America, have broadened the concept to protect those escaping generalized violence,
foreign aggression, internal conflicts, massive violation of human rights or other circumstances
seriously disturbing public order. Many States in the past 50 years have also applied the
Convention of 1951 to other asylum-seekers, such as the “person considered worthy of receiving
asylum for humanitarian reasons” (Declaration on Territorial Asylum of the Committee of
Ministers of the Council of Europe, 1977). And UNHCR has in practice considerably broadened
the categories of people of concern to it, to assist and protect today internally displaced persons
(IDPs), stateless people or asylum-seekers.66 Yet, violations of economic, social and cultural
rights, including the right to be free from hunger, have never been really taken into account.
63.
The Special Rapporteur insists on this crucial point: refugees from hunger should not be
confused with other categories of so-called “economic refugees”. An economic refugee may be
62
BBC News, 24 October 2006 http://news.bbc.co.uk/go/pr/fr/-/2/hi/talking_point/5404816.stm.
63
BBC News, 10 September 2006 http://news.bbc.co.uk/go/pr/fr/-/2/hi/europe/5331896.stm.
64
BBC News, 27 October 2006 http://news.bbc.co.uk/go/pr/fr/-/2/hi/americas/6090060.stm.
65
Human Rights Watch http://hrw.org/english/docs/2006/08/11/austra13964.htm.
66
See note 47 above.
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