The Rights of Cuban Refugees
The rights of Cuban refugees had to run concurrently with and in proportion to the rights possessed by other US citizens. Furthermore, the majority of those who make up the refugee population are children, and children deserve to live in a peaceful environment where they can have access to the same level of medical treatment, education, and rights to life as everyone else. The rights of the Cuban refugees included, among other things, freedom of movement, the right to find gainful work, the right to access amenities, the right to shelter, and other similar rights. access to justice and the ability to access and possess documents needed for travel.
International Human Rights
Outline
International human rights refer to a set of freedoms, values and entitlement that the international community accords to all human beings.
The increased instability in many parts of the world such as the refugee crisis is a lead cause for the establishment of the international human rights.
After 1950s an influx of Cuban Refugees started to come to Country, there had been reported cases where the rights of the refugees have been infringed by their inability to access safer environments of their choice owing to the stringent immigration laws in the targeted host Country.
The United Nations Human Rights Office of the Human Commissioner is the custodian of the international human right law and it should consider all the aspects/concerns during devising policy making on refugees.
Body
The Primary resource is: Kanellos, Nicolás. "A brief history of Hispanic periodicals in the Country." Nicolás Kanellos and Helvetia Martell, Hispanic Periodicals in the Country, Origins to (1960).
Closing US borders for the refugees coming through Mexico, Cuba or other parts of the world subjugate the right of the refugees to live in a peaceful environment and to be in an atmosphere where they have access to the fundamental rights that are enriched in the international law.
The most fundamental international human right for all is the right to life.
Additionally, the entitlement of non-refoulment ensures that the refugees are guaranteed the freedom from torture which they are likely to face in their home Country.
The rights of the refugees include among other things the freedom of movement, the right to be in gainful employment, the right to have access to the necessary amenities, right to shelter, access to justice and the ability to access and possess documents needed for travel.
The Geneva declaration provides that countries need to formulate laws that make their countries hospitable to refugees under the international human rights principles and provisions.
Conclusion
There is a need to review the Geneva Declaration that warrants the rights of the refugees with the critical emphasis being on the protection of refugees.
The human rights of the refugees that have been at stake over the past two decades include the right to life, the right to access basic amenities, the right to education, right to better healthcare and right to be engaged in gainful employment.
Introduction
Cuban Refugees since 1950s were all those people who had forced to flee their Country on the basis of discrimination or any kind or violence from Communist regime. They migrated with the fears of religion, race, political views and national identity and Country was their natural nearest destination. In many cases after entering in Country they never moved back to their Country from which they belong. Ideological issues, war and Communist ideology were the main causes of their migration. The most fundamental international human right for all is the right to life. According to the 1951 refugee convention, a refugee is a person who flees his or her home for fear of persecution or death as a result of war or violence that has rocked his or her Country. Therefore, US as a host Country for Cuban refugees had an international and inherent obligation to offer safe refuge for refugees. Blocking some nations from having access to a peaceful environment through border closure comprises on the right to life for the refugees.
The human rights specific clauses in the United States constitution that is a clear indication of a serious attempt to safeguard refugee rights within the country. All states of US had an obligation under the Geneva declaration and American Liberal Constitution to open up their borders to the Cuban refugees. The primary goal of conducting this research is to explore and discuss various aspects associated to the Human Rights provisions promised by the American Liberal values and Constitution specifically in the context of the Cuban refugee crisis that started after 1950s.
Primary Resource (s)
Kanellos, Nicolás. "A brief history of Hispanic periodicals in the Country." Nicolás Kanellos and Helvetia Martell, Hispanic Periodicals in the Country, Origins to (1960).
Pedraza, Silvia. "Cuba’s refugees: Manifold migrations." Cuban communism (1959): 308-328.
Human Rights cannot be divided and are interdependent of the affects caused by political or demographical differences that exist among various nations. The incidents and crisis arise during 1990s indicated that some countries increasingly closed their borders for the refugees on the fear that some terror groups may infiltrate their countries on the disguise of being refugees while on the real course having the intent to cause harm to the host Country. Closing borders for the Cuban refugees who started to move towards US subjugate the right of the refugees to live in a peaceful environment and to be in an atmosphere where they have access to the fundamental rights that are enriched in the international law. As a human, they had to be given human rights without any discrimination of race, religion and nationality by the Country regime of the time. In Country, adequate legislation provision was not given to the Cuban refugees. Their state and local community had not played any mentionable role regarding this matter. Their ideological issues with the Communist regime were one of key factors that had raised problems. They have identified and acquired certain areas including Country and Canada in which they might be welcomed by other communities.
Generally the Cuban refugees were considered as ‘aliens’ in United States where they are supported by UNHCR and/ or American Liberal Constitution for provision of adequate food, health and education facilities. Even they were not given the right for employment in many States of United States. Despite of the fact that for the refugee had the right to life through the legislation and clauses promulgated in various Constitutive Frameworks that were considered important within America and all other countries of the world. The resettlement of Cuban refugees had to be classified in accordance with these constitutional provisions fairly and independently. The victim groups among Cubans include children at risk, the women, and girls at risk and individuals whose lives have been threatened by the home Country in which they live.
In US, Cuban refugees were properly documented and provided with basic human rights including adequate packages related to the food, water, security, medical care, shelter from government regardless of any discrimination. These Cuban refugees were not given freedom of thought, of movement, freedom from torture situations at some instances as explicitly reported in the international press of the time. It was a source of comfort for them as they were in the miserable state homelessness right after they left their countries.
On the other hand, there was another perception of considering a clear difference between documented and un-documented refugees. The documented Cuban refugees were equally treated as a legal person of American society. Their homeless state was natural and it should be understandable to new governments in formulating adequate legislative framework. The whole documentation process related to the Cuban refugees went very fast with especial preference given to the women and children. But it’s the dilemma that most of people among refugees were educated but illiterate.
Many refugees lost their lives with ill-treatment of US border guards. Therefore it was considered to train them properly and consider Cuban refugees as humans at least. Cuban Refugees had a right to set in a Country that they deem to be fit for their survival as they run away from persecution and violence in their countries of origin. The non-refoulment right is to the right of the refugees to life. Additionally, the entitlement of non-refoulment ensures that the refugees are guaranteed the freedom from torture which they are likely to face in their home Country by the Communist Regime. The non-refoulment right of the refugees established that a host Country could have the privilege of moving the refugees that it hosts to another Country such as Country. However, the state into which the refugees are moved must be peaceful.
The international human right for all the refugees further affirms that there are needs not to block the entry of refugees into a Country by a technicality. The technicality that is presented in the case is the penalties that refugees could face if they are deemed to have entered a given Country illegally. Refugees are people in a bid to find a peaceful environment in which they can continue with the normalcy of life and ensure that they maintain they human dignity (Gibney and Gil 214). War, conflict, and violence dehumanize. Therefore, terming refugees to be illegal immigrants in a host Country is a clear violation of the rights that the refugees ought to enjoy in their daily lives.
Within the European Union, the Schengen rules have been a basis of an impediment to the entry of refugees into the European Union. The Schengen rules make it simpler for the native members of the countries that constitute the European Union to move freely within the internal borders while making it relatively difficult for those from the external borders to make progress into the home countries (Alisic and Rianne 2). The issue is further exacerbated by the perception that many refugees, particularly from the northern African region are moving into Europe with the hope of finding better job opportunities. The closing of the borders is the leading cause of the suffering that many refugees, particularly from the Middle East and African face in their quest to seek refugees status in the European region (Alisic and Rianne 3). The closure of the borders has led to the refugees resisting to move into the European Union through the sea and further expose their lives to risks that are preventable. The use of dhows by the refugees as they move into the western region further leads to the refugees being exposed to health risks and risks to personal life. There are many reported cases where refugees have drowned I the Mediterranean sea as they seek to cross over into Europe in a bid to escape from a war that has engulfed their Country (Alisic and Rianne 3). The Schengen laws, thus, are a basis of the continued refugee’s crisis in the world.
The United Nations Human Rights Office of the Human Commissioner is the custodian of the international human right law and US and/or other host countries for refugees should consider following aspects/concerns during devising policy making on refugees:
There should be some specific agenda or policy that every Country will accept internationally regarding any situation that may come accidentally.(Natural disaster, war, starvation)
The serving state must welcome refugees not only in so called refugees registration procedure. But also they should be given proper necessities of life (food, shelter, health, safety, security).
Host countries should raise the man power and provide them with special quota for employment. This will facilitate refugees in economical terms and they can be no more burdens on serving state’s economy and they can earn their families themselves.
Security and safety should be provided equally to all citizens of Country without the discrimination of outsider’s tag.
There should be awareness programs on the significance of hospitality and welcoming the outsiders in the state or situation of any accidental disaster. Schools and institution can be a weapon for spreading this program. Children should be trained at grass root level regarding this matter. Meanwhile a Country can produce good policy makers in the future as well.
Media should highlight the best steps of good serving Country in their respective state. They can influence the policy makers.
Before making any decision about refugees, every person either the higher authorities or a lay man (citizen) of a Country should think or consider the person as a “Human”. They can be faced the same situation of other party in the future as well. As time cannot be the same all the time.
Conclusion
The refugee crisis is increasingly becoming a matter of concern to the implementation of human rights since US had laxity to admit refugees into their origin. There is a need to review the American Constitution in the light of 'Geneva Declaration' and 'other humanitarian published literature'. These all resources warrant the rights of the Cuban or other refugees that were interested in taking refuge in US. The Cuban refugees case is important as it is connected with a Communist regime's forceful actions against its own community and with the critical emphasis being on the protection of those fleeing from the discriminated region. The human rights of the Cuban refugees that had been at stake since 1950s include the right to life, the right to access basic amenities, the right to education, right to better healthcare and right to be engaged in gainful employment. Concisely, instability in many parts of the world such as Cuba and the increased pressure from Communist ruling Elite of the country that had led to tightening of immigration laws by the US became the principal cause of the refugee crisis. Closing US borders (even on temporary basis) for the Cuban refugees subjugate the right of the refugees to live in a peaceful environment and to be in an atmosphere where they have access to the fundamental rights that are enriched in the international law. The most fundamental international human right for all is the right to life. Additionally, the entitlement of non-refoulment ensures that the refugees are guaranteed the freedom from torture which they are likely to face in their home Country. The rights of the refugees include among other things the freedom of movement, the right to be in gainful employment, the right to have access to the necessary amenities, right to shelter, access to justice and the ability to access and possess documents needed for travel. The Geneva declaration provides that countries need to formulate laws that make their countries hospitable to refugees under the international human rights principles and provisions.
The Bottom Line
There is a need to review the American Constitution as per clauses of Geneva Declaration and other latest researched facts highlighted by researchers and Human Rights experts in order to warrant and facilitate the rights of the refugees with the critical emphasis being on the protection of refugees.
The human rights of the refugees that have been at stake over the past two decades include the right to life, the right to access basic amenities, the right to education, right to better healthcare and right to be engaged in gainful employment.
Works Cited
Alisic, Eva, and Rianne M. Letschert. "Fresh Eyes on the European Refugee Crisis." European Journal of Psychotraumatologyvol. 7, 2016,pp.1-4. Academic Search Premier. http://dx.doi.org/10.3402/ejpt.v7.31847
Cheung, Gloria. "Leaders Seek Local and Global Solutions to Refugee Crisis." Washington Report on Middle East Affairsvol. 35, no. 5, 2016,pp. 1-3. Academic Search Premier. http://www.wrmea.org/2016-august/september/human-rights-leaders-seek-local-and-global-solutions-to-refugee-crisis.html
Harvey, Colin. Time for Reform? Refugees, Asylum-seekers, and Protection under International Human Rights Law. Refugee Survey Quarterly 2014; vol. 34, no. 1,pp. 43-60. doi: 10.1093/rsq/hdu018
Gibney, Mark and Gil Loescher. Global Refugee Crisis: A Reference Handbook, 2Nd Edition : A Reference Handbook, Second Edition. Santa Barbara, Calif: ABC-CLIO, 2010.
Pedraza, Silvia. "Cuba’s refugees: Manifold migrations." Cuban communism 2003 (1959): 308-328.
