Disasters and Refugee Protection: A Socio-legal Case Study from Yemen
Abstract Every year millions of people are forced to flee their homes in the context of climate change and disasters. Their needs and rights are unclear. This paper presents and discusses some findings from a socio-legal case study exploring the rights of disaster-affected Somalis and Ethiopians in...
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| Language: | English |
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Scandinavian University Press
2015-01-01
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| Series: | Oslo Law Review |
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| Online Access: | https://www.idunn.no/oslo_law_review/2015/03/disasters_and_refugee_protection_a_socio-legal_case_study_ |
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| author | Vikram Kolmannskog |
| author_facet | Vikram Kolmannskog |
| author_sort | Vikram Kolmannskog |
| collection | DOAJ |
| description | Abstract
Every year millions of people are forced to flee their homes in the context of climate change and disasters. Their needs and rights are unclear. This paper presents and discusses some findings from a socio-legal case study exploring the rights of disaster-affected Somalis and Ethiopians in Yemen. The first main findings relate to the challenges that Ethiopians faced in accessing, and succeeding with, the formal asylum process. This is discussed in light of legal aid theory and research as well as research on credibility assessments. Another category of findings relates to interactions of local, religious law and international law. This is discussed in light of legal pluralism, which helps in identifying an emancipatory potential. While complex, dynamic and dependant on regional politics and other factors, the way Islamic law was applied — and influenced other bodies of law — seemed to ensure better protection than the 1951 Refugee Convention alone. This potential should be further explored and possibly expanded in order to strengthen the rights of people displaced in the context of climate change and disasters more generally. |
| format | Article |
| id | doaj-art-c75f78cf0bc740018e40b7665e4345cb |
| institution | Kabale University |
| issn | 2387-3299 |
| language | English |
| publishDate | 2015-01-01 |
| publisher | Scandinavian University Press |
| record_format | Article |
| series | Oslo Law Review |
| spelling | doaj-art-c75f78cf0bc740018e40b7665e4345cb2025-08-20T03:49:04ZengScandinavian University PressOslo Law Review2387-32992015-01-01222524010.5617/oslaw276818948693Disasters and Refugee Protection: A Socio-legal Case Study from YemenVikram KolmannskogAbstract Every year millions of people are forced to flee their homes in the context of climate change and disasters. Their needs and rights are unclear. This paper presents and discusses some findings from a socio-legal case study exploring the rights of disaster-affected Somalis and Ethiopians in Yemen. The first main findings relate to the challenges that Ethiopians faced in accessing, and succeeding with, the formal asylum process. This is discussed in light of legal aid theory and research as well as research on credibility assessments. Another category of findings relates to interactions of local, religious law and international law. This is discussed in light of legal pluralism, which helps in identifying an emancipatory potential. While complex, dynamic and dependant on regional politics and other factors, the way Islamic law was applied — and influenced other bodies of law — seemed to ensure better protection than the 1951 Refugee Convention alone. This potential should be further explored and possibly expanded in order to strengthen the rights of people displaced in the context of climate change and disasters more generally.https://www.idunn.no/oslo_law_review/2015/03/disasters_and_refugee_protection_a_socio-legal_case_study_Climate changedisastersrefugeesYemenSomalisEthiopians |
| spellingShingle | Vikram Kolmannskog Disasters and Refugee Protection: A Socio-legal Case Study from Yemen Oslo Law Review Climate change disasters refugees Yemen Somalis Ethiopians |
| title | Disasters and Refugee Protection: A Socio-legal Case Study from Yemen |
| title_full | Disasters and Refugee Protection: A Socio-legal Case Study from Yemen |
| title_fullStr | Disasters and Refugee Protection: A Socio-legal Case Study from Yemen |
| title_full_unstemmed | Disasters and Refugee Protection: A Socio-legal Case Study from Yemen |
| title_short | Disasters and Refugee Protection: A Socio-legal Case Study from Yemen |
| title_sort | disasters and refugee protection a socio legal case study from yemen |
| topic | Climate change disasters refugees Yemen Somalis Ethiopians |
| url | https://www.idunn.no/oslo_law_review/2015/03/disasters_and_refugee_protection_a_socio-legal_case_study_ |
| work_keys_str_mv | AT vikramkolmannskog disastersandrefugeeprotectionasociolegalcasestudyfromyemen |