Ninette Kelley - Academia.edu (original) (raw)
Papers by Ninette Kelley
Edward Elgar Publishing eBooks, Oct 16, 2023
International Journal of Refugee Law, Oct 17, 2007
... In Thailand, especially in the camps on the western border with Myanmar, refugees and displac... more ... In Thailand, especially in the camps on the western border with Myanmar, refugees and displacedpersons were the frequent victims of cross-border attacks by the ... Many UNHCR offices now have in place health, psychosocial and legal support services for responding to the ...
International Migration Review, 2000
Refuge: Canada's Journal on Refugees, May 1, 2004
International Journal of Refugee Law, 1989
... The Anti-Piracy Programme, established by the Royal Thai Govern-ment in 1982, is one isolated... more ... The Anti-Piracy Programme, established by the Royal Thai Govern-ment in 1982, is one isolated step, that has helped to control the number of attacks at sea and to bring pirates tojustice; but it has not been free of problems. ...
Journal on migration and human security, Mar 1, 2017
Between 2011 and 2015, Lebanon received over one million Syrian refugees. There is no country in ... more Between 2011 and 2015, Lebanon received over one million Syrian refugees. There is no country in the world that has taken in as many refugees in proportion to its size: by 2015, one in four of its residents was a refugee from Syria. Already beset, prior to the Syrian crisis, by political divisions, insecure borders, severely strained infrastructure, and overstretched public services, the mass influx of refugees further taxed the country. That Lebanon withstood what is often characterized as an existential threat is primarily due to the remarkable resilience of the Lebanese people. It is also due to the unprecedented levels of humanitarian funding that the international community provided to support refugees and the communities that hosted them. UN, international, and national partners scaled up more than a hundred-fold to meet ever-burgeoning needs and creatively endeavored to meet challenges on the ground. And while the refugee response was not perfect, and funding fell well below needs, thousands of lives were saved, protection was extended, essential services were provided, and efforts were made to improve through education the future prospects of the close to half-a-million refugee children residing in Lebanon. This paper examines what worked well and where the refugee response stumbled, focusing on areas where improved efforts in planning, delivery, coordination, innovation, funding, and partnerships can enhance future emergency responses.
International Journal of Refugee Law, Oct 1, 2001
... in countries of permanent resettlement. I also want to acknowledge that the legal wrangling a... more ... in countries of permanent resettlement. I also want to acknowledge that the legal wrangling around the application of the Convention definition to gender-based claims is generally dominated by Western developed countries seeking to demark the limits of refugee protection. ...
International Journal of Refugee Law, 2002
The OAU Convention adds to the 1951 definition, including as refugees those compelled to leave th... more The OAU Convention adds to the 1951 definition, including as refugees those compelled to leave their country of origin because of 'external aggression, occupation, foreign domination or events seriously disturbing public order' in either part or the whole of their country. 4 The definition recommended in the Declaration includes the 1951 Convention definition and also persons who have fled their country 'because their lives, safety or freedom have been threatened by generalised violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances which have seriously disturbed public order.' 5 The legal basis for this is found in paragraphs 3 and 9 of the UNHCR's Statute. Paragraphs 3 provides that 'the High Commissioner shall follow policy directives given to him by the General Assembly or the Economic and Social Council.' Paragraph 9 states that the 'High Commissioner shall engage in such additional activities, including repatriation and resettlement, as the General Assembly may determine, within the limits of the resources placed at his disposal.' Above note 2. For a complete compendium of GA and ECOSOC resolutions relating to issues of concern to the UNHCR see UNHCR, Thematic
International Journal of Refugee Law, Apr 1, 2000
Increased international attention over the years on the interpretation of the 1951 Convention ref... more Increased international attention over the years on the interpretation of the 1951 Convention refugee definition reflects a growing interest in how elements of the definition are applied both within and between domestic jurisdictions. In Canada, this interest is reflected in legal commentary and in the jurisprudence of both the Convention Refugee Determination Division (CRDD) of the Immigration and Refugee Board (IRB) and the higher courts that have jurisdiction to review CRDD decisions. This article focuses on how «particular social group» has been interpreted in Canadian law. The central issue is whether there is a framework of analysis, consistent with the overall purposes of the Convention, which, if applied rigorously would yield consistent and principled results. The authors approach this by looking first at the human rights framework of analysis for the particular social group ground articulated by the Supreme Court of Canada in 1993 and the development of the relevant Canadian jurisprudence since then. They identify a rather diverse body of jurisprudence not united by a consistent and principled analytical approach, and provide examples of how a human rights framework of analysis could be applied to the various types of claims which are brought on the particular social group ground. They conclude that such a framework of analysis promises to provide consistent and principled results that are in keeping with the purposes of the Convention and the underlying themes of human rights.
Refuge: Canada's Journal on Refugees, 1991
I had the good fortune of knowing Kathleen as a colleague, neighbour and friend. All those here w... more I had the good fortune of knowing Kathleen as a colleague, neighbour and friend. All those here who worked with Kathleen would, I think, agree that she was an absolute pleasure to work with. She was collaborative, dependable, thorough, thoughtful, absolutely honest and direct without being insensitive to the feelings of others. She was an example of how to bring out the best in people. She used to say she was a process personas concerned
University of Toronto Law Journal, 2010
For close to forty years, tens of thousands of Urdu speakers in Bangladesh did not exercise their... more For close to forty years, tens of thousands of Urdu speakers in Bangladesh did not exercise their rights as citizens, which they held in law but which were not recognized in practice. The roots of their marginalization were deep, stretching back to Indian independence and the creation of East and West Pakistan in 1947 and specifically to the divisions within Pakistan that existed at that time and were hardened during the Bangladesh struggle for independence in subsequent years. From the creation of the state of Bangladesh in 1971, this community lived in camps and settlements, without a legal identity and the associated rights to be educated, to work, and to participate in public life. The recognition by the government of Bangladesh in 2008 of their right to be registered as citizens was a significant human rights achievement. This essay tells the story behind this remarkable development and, using the framework for analysing the determinants of public choices advanced by Michael Tr...
International Journal of Refugee Law, 2000
Increased international attention over the years on the interpretation of the 1951 Convention ref... more Increased international attention over the years on the interpretation of the 1951 Convention refugee definition reflects a growing interest in how elements of the definition are applied both within and between domestic jurisdictions. In Canada, this interest is reflected in legal commentary and in the jurisprudence of both the Convention Refugee Determination Division (CRDD) of the Immigration and Refugee Board (IRB) and the higher courts that have jurisdiction to review CRDD decisions. This article focuses on how «particular social group» has been interpreted in Canadian law. The central issue is whether there is a framework of analysis, consistent with the overall purposes of the Convention, which, if applied rigorously would yield consistent and principled results. The authors approach this by looking first at the human rights framework of analysis for the particular social group ground articulated by the Supreme Court of Canada in 1993 and the development of the relevant Canadian jurisprudence since then. They identify a rather diverse body of jurisprudence not united by a consistent and principled analytical approach, and provide examples of how a human rights framework of analysis could be applied to the various types of claims which are brought on the particular social group ground. They conclude that such a framework of analysis promises to provide consistent and principled results that are in keeping with the purposes of the Convention and the underlying themes of human rights.
International Journal of Refugee Law, 1989
... The Anti-Piracy Programme, established by the Royal Thai Govern-ment in 1982, is one isolated... more ... The Anti-Piracy Programme, established by the Royal Thai Govern-ment in 1982, is one isolated step, that has helped to control the number of attacks at sea and to bring pirates tojustice; but it has not been free of problems. ...
International Journal of Refugee Law, 2007
... In Thailand, especially in the camps on the western border with Myanmar, refugees and displac... more ... In Thailand, especially in the camps on the western border with Myanmar, refugees and displacedpersons were the frequent victims of cross-border attacks by the ... Many UNHCR offices now have in place health, psychosocial and legal support services for responding to the ...
The American Historical Review, 2000
Refuge: Canada's Journal on Refugees, 2004
The international refugee protection regime has had both a successful and a troubled history. It ... more The international refugee protection regime has had both a successful and a troubled history. It has succeeded in providing international protection to millions of refugees when their own States have been unable or unwilling to do so. Despite this considerable achievement, the regime has at times failed to solve serious refugee protection problems and has not been able to effect durable solutions for many of the world’s refugees. This essay examines the current challenges to the regime from the perspectives of those most affected by them, recognizing that many of these challenges are not new. It examines how UNHCR’s mandate and activities have expanded to meet the larger number and diverse needs of those under its care. As well, it reviews the recent initiatives launched by UNHCR to strengthen international protection for refugees and expand the availability of durable solutions through enhanced multilateral cooperation.
The OAU Convention adds to the 1951 definition, including as refugees those compelled to leave th... more The OAU Convention adds to the 1951 definition, including as refugees those compelled to leave their country of origin because of 'external aggression, occupation, foreign domination or events seriously disturbing public order' in either part or the whole of their country. 4 The definition recommended in the Declaration includes the 1951 Convention definition and also persons who have fled their country 'because their lives, safety or freedom have been threatened by generalised violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances which have seriously disturbed public order.' 5 The legal basis for this is found in paragraphs 3 and 9 of the UNHCR's Statute. Paragraphs 3 provides that 'the High Commissioner shall follow policy directives given to him by the General Assembly or the Economic and Social Council.' Paragraph 9 states that the 'High Commissioner shall engage in such additional activities, including repatriation and resettlement, as the General Assembly may determine, within the limits of the resources placed at his disposal.' Above note 2. For a complete compendium of GA and ECOSOC resolutions relating to issues of concern to the UNHCR see UNHCR, Thematic
Journal on Migration and Human Security, 2017
Between 2011 and 2015, Lebanon received over one million Syrian refugees. There is no country in ... more Between 2011 and 2015, Lebanon received over one million Syrian refugees. There is no country in the world that has taken in as many refugees in proportion to its size: by 2015, one in four of its residents was a refugee from Syria. Already beset, prior to the Syrian crisis, by political divisions, insecure borders, severely strained infrastructure, and overstretched public services, the mass influx of refugees further taxed the country. That Lebanon withstood what is often characterized as an existential threat is primarily due to the remarkable resilience of the Lebanese people. It is also due to the unprecedented levels of humanitarian funding that the international community provided to support refugees and the communities that hosted them. UN, international, and national partners scaled up more than a hundred-fold to meet ever-burgeoning needs and creatively endeavored to meet challenges on the ground. And while the refugee response was not perfect, and funding fell well below needs, thousands of lives were saved, protection was extended, essential services were provided, and efforts were made to improve through education the future prospects of the close to half-a-million refugee children residing in Lebanon. This paper examines what worked well and where the refugee response stumbled, focusing on areas where improved efforts in planning, delivery, coordination, innovation, funding, and partnerships can enhance future emergency responses.
Edward Elgar Publishing eBooks, Oct 16, 2023
International Journal of Refugee Law, Oct 17, 2007
... In Thailand, especially in the camps on the western border with Myanmar, refugees and displac... more ... In Thailand, especially in the camps on the western border with Myanmar, refugees and displacedpersons were the frequent victims of cross-border attacks by the ... Many UNHCR offices now have in place health, psychosocial and legal support services for responding to the ...
International Migration Review, 2000
Refuge: Canada's Journal on Refugees, May 1, 2004
International Journal of Refugee Law, 1989
... The Anti-Piracy Programme, established by the Royal Thai Govern-ment in 1982, is one isolated... more ... The Anti-Piracy Programme, established by the Royal Thai Govern-ment in 1982, is one isolated step, that has helped to control the number of attacks at sea and to bring pirates tojustice; but it has not been free of problems. ...
Journal on migration and human security, Mar 1, 2017
Between 2011 and 2015, Lebanon received over one million Syrian refugees. There is no country in ... more Between 2011 and 2015, Lebanon received over one million Syrian refugees. There is no country in the world that has taken in as many refugees in proportion to its size: by 2015, one in four of its residents was a refugee from Syria. Already beset, prior to the Syrian crisis, by political divisions, insecure borders, severely strained infrastructure, and overstretched public services, the mass influx of refugees further taxed the country. That Lebanon withstood what is often characterized as an existential threat is primarily due to the remarkable resilience of the Lebanese people. It is also due to the unprecedented levels of humanitarian funding that the international community provided to support refugees and the communities that hosted them. UN, international, and national partners scaled up more than a hundred-fold to meet ever-burgeoning needs and creatively endeavored to meet challenges on the ground. And while the refugee response was not perfect, and funding fell well below needs, thousands of lives were saved, protection was extended, essential services were provided, and efforts were made to improve through education the future prospects of the close to half-a-million refugee children residing in Lebanon. This paper examines what worked well and where the refugee response stumbled, focusing on areas where improved efforts in planning, delivery, coordination, innovation, funding, and partnerships can enhance future emergency responses.
International Journal of Refugee Law, Oct 1, 2001
... in countries of permanent resettlement. I also want to acknowledge that the legal wrangling a... more ... in countries of permanent resettlement. I also want to acknowledge that the legal wrangling around the application of the Convention definition to gender-based claims is generally dominated by Western developed countries seeking to demark the limits of refugee protection. ...
International Journal of Refugee Law, 2002
The OAU Convention adds to the 1951 definition, including as refugees those compelled to leave th... more The OAU Convention adds to the 1951 definition, including as refugees those compelled to leave their country of origin because of 'external aggression, occupation, foreign domination or events seriously disturbing public order' in either part or the whole of their country. 4 The definition recommended in the Declaration includes the 1951 Convention definition and also persons who have fled their country 'because their lives, safety or freedom have been threatened by generalised violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances which have seriously disturbed public order.' 5 The legal basis for this is found in paragraphs 3 and 9 of the UNHCR's Statute. Paragraphs 3 provides that 'the High Commissioner shall follow policy directives given to him by the General Assembly or the Economic and Social Council.' Paragraph 9 states that the 'High Commissioner shall engage in such additional activities, including repatriation and resettlement, as the General Assembly may determine, within the limits of the resources placed at his disposal.' Above note 2. For a complete compendium of GA and ECOSOC resolutions relating to issues of concern to the UNHCR see UNHCR, Thematic
International Journal of Refugee Law, Apr 1, 2000
Increased international attention over the years on the interpretation of the 1951 Convention ref... more Increased international attention over the years on the interpretation of the 1951 Convention refugee definition reflects a growing interest in how elements of the definition are applied both within and between domestic jurisdictions. In Canada, this interest is reflected in legal commentary and in the jurisprudence of both the Convention Refugee Determination Division (CRDD) of the Immigration and Refugee Board (IRB) and the higher courts that have jurisdiction to review CRDD decisions. This article focuses on how «particular social group» has been interpreted in Canadian law. The central issue is whether there is a framework of analysis, consistent with the overall purposes of the Convention, which, if applied rigorously would yield consistent and principled results. The authors approach this by looking first at the human rights framework of analysis for the particular social group ground articulated by the Supreme Court of Canada in 1993 and the development of the relevant Canadian jurisprudence since then. They identify a rather diverse body of jurisprudence not united by a consistent and principled analytical approach, and provide examples of how a human rights framework of analysis could be applied to the various types of claims which are brought on the particular social group ground. They conclude that such a framework of analysis promises to provide consistent and principled results that are in keeping with the purposes of the Convention and the underlying themes of human rights.
Refuge: Canada's Journal on Refugees, 1991
I had the good fortune of knowing Kathleen as a colleague, neighbour and friend. All those here w... more I had the good fortune of knowing Kathleen as a colleague, neighbour and friend. All those here who worked with Kathleen would, I think, agree that she was an absolute pleasure to work with. She was collaborative, dependable, thorough, thoughtful, absolutely honest and direct without being insensitive to the feelings of others. She was an example of how to bring out the best in people. She used to say she was a process personas concerned
University of Toronto Law Journal, 2010
For close to forty years, tens of thousands of Urdu speakers in Bangladesh did not exercise their... more For close to forty years, tens of thousands of Urdu speakers in Bangladesh did not exercise their rights as citizens, which they held in law but which were not recognized in practice. The roots of their marginalization were deep, stretching back to Indian independence and the creation of East and West Pakistan in 1947 and specifically to the divisions within Pakistan that existed at that time and were hardened during the Bangladesh struggle for independence in subsequent years. From the creation of the state of Bangladesh in 1971, this community lived in camps and settlements, without a legal identity and the associated rights to be educated, to work, and to participate in public life. The recognition by the government of Bangladesh in 2008 of their right to be registered as citizens was a significant human rights achievement. This essay tells the story behind this remarkable development and, using the framework for analysing the determinants of public choices advanced by Michael Tr...
International Journal of Refugee Law, 2000
Increased international attention over the years on the interpretation of the 1951 Convention ref... more Increased international attention over the years on the interpretation of the 1951 Convention refugee definition reflects a growing interest in how elements of the definition are applied both within and between domestic jurisdictions. In Canada, this interest is reflected in legal commentary and in the jurisprudence of both the Convention Refugee Determination Division (CRDD) of the Immigration and Refugee Board (IRB) and the higher courts that have jurisdiction to review CRDD decisions. This article focuses on how «particular social group» has been interpreted in Canadian law. The central issue is whether there is a framework of analysis, consistent with the overall purposes of the Convention, which, if applied rigorously would yield consistent and principled results. The authors approach this by looking first at the human rights framework of analysis for the particular social group ground articulated by the Supreme Court of Canada in 1993 and the development of the relevant Canadian jurisprudence since then. They identify a rather diverse body of jurisprudence not united by a consistent and principled analytical approach, and provide examples of how a human rights framework of analysis could be applied to the various types of claims which are brought on the particular social group ground. They conclude that such a framework of analysis promises to provide consistent and principled results that are in keeping with the purposes of the Convention and the underlying themes of human rights.
International Journal of Refugee Law, 1989
... The Anti-Piracy Programme, established by the Royal Thai Govern-ment in 1982, is one isolated... more ... The Anti-Piracy Programme, established by the Royal Thai Govern-ment in 1982, is one isolated step, that has helped to control the number of attacks at sea and to bring pirates tojustice; but it has not been free of problems. ...
International Journal of Refugee Law, 2007
... In Thailand, especially in the camps on the western border with Myanmar, refugees and displac... more ... In Thailand, especially in the camps on the western border with Myanmar, refugees and displacedpersons were the frequent victims of cross-border attacks by the ... Many UNHCR offices now have in place health, psychosocial and legal support services for responding to the ...
The American Historical Review, 2000
Refuge: Canada's Journal on Refugees, 2004
The international refugee protection regime has had both a successful and a troubled history. It ... more The international refugee protection regime has had both a successful and a troubled history. It has succeeded in providing international protection to millions of refugees when their own States have been unable or unwilling to do so. Despite this considerable achievement, the regime has at times failed to solve serious refugee protection problems and has not been able to effect durable solutions for many of the world’s refugees. This essay examines the current challenges to the regime from the perspectives of those most affected by them, recognizing that many of these challenges are not new. It examines how UNHCR’s mandate and activities have expanded to meet the larger number and diverse needs of those under its care. As well, it reviews the recent initiatives launched by UNHCR to strengthen international protection for refugees and expand the availability of durable solutions through enhanced multilateral cooperation.
The OAU Convention adds to the 1951 definition, including as refugees those compelled to leave th... more The OAU Convention adds to the 1951 definition, including as refugees those compelled to leave their country of origin because of 'external aggression, occupation, foreign domination or events seriously disturbing public order' in either part or the whole of their country. 4 The definition recommended in the Declaration includes the 1951 Convention definition and also persons who have fled their country 'because their lives, safety or freedom have been threatened by generalised violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances which have seriously disturbed public order.' 5 The legal basis for this is found in paragraphs 3 and 9 of the UNHCR's Statute. Paragraphs 3 provides that 'the High Commissioner shall follow policy directives given to him by the General Assembly or the Economic and Social Council.' Paragraph 9 states that the 'High Commissioner shall engage in such additional activities, including repatriation and resettlement, as the General Assembly may determine, within the limits of the resources placed at his disposal.' Above note 2. For a complete compendium of GA and ECOSOC resolutions relating to issues of concern to the UNHCR see UNHCR, Thematic
Journal on Migration and Human Security, 2017
Between 2011 and 2015, Lebanon received over one million Syrian refugees. There is no country in ... more Between 2011 and 2015, Lebanon received over one million Syrian refugees. There is no country in the world that has taken in as many refugees in proportion to its size: by 2015, one in four of its residents was a refugee from Syria. Already beset, prior to the Syrian crisis, by political divisions, insecure borders, severely strained infrastructure, and overstretched public services, the mass influx of refugees further taxed the country. That Lebanon withstood what is often characterized as an existential threat is primarily due to the remarkable resilience of the Lebanese people. It is also due to the unprecedented levels of humanitarian funding that the international community provided to support refugees and the communities that hosted them. UN, international, and national partners scaled up more than a hundred-fold to meet ever-burgeoning needs and creatively endeavored to meet challenges on the ground. And while the refugee response was not perfect, and funding fell well below needs, thousands of lives were saved, protection was extended, essential services were provided, and efforts were made to improve through education the future prospects of the close to half-a-million refugee children residing in Lebanon. This paper examines what worked well and where the refugee response stumbled, focusing on areas where improved efforts in planning, delivery, coordination, innovation, funding, and partnerships can enhance future emergency responses.