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Human Rights

Immigration, Asylum and Terrorism: A Changing Dynamic Legal and Practical Developments in the EU in Response to the Terrorist Attacks of 11.09
European Journal of Migration and Law 2003 volume 4, pp. 399-424.
Brouwer, Evelien
  Abstracted by: Shanae Becker [2010]
Abstract:
This article examines the measures implemented by the EU, France, Germany, Italy, UK, and the Netherlands to combat terrorism and their effects on immigrants, asylum seekers, and refugees. The study was completed in June of 2002 and the main stream of thought throughout the article pinpoints that the terrorist attacks on American soil served as a catalyst for introducing new measures and legislation for internal security, and expanding upon existing ones in the EU and some of its member states. The article raises the issue of the extent of the discretionary power of states to determine security priorities, and the extent of protection for immigrants, asylum seekers and refugees. Brouwers" analysis of the post 9/11 measures to combat terrorism brings to light the current predicament of international law after the September 11 attacks. She writes that at the EU level there are two competing goals; one is that refugees and asylum seekers should not become victims to these terrorist acts, and the other is that security issues for the member states of the EU may encroach upon the first goal. At the end of June 2002, at the EU level, there were meetings to determine the relationship between internal security and complying with international protection obligations. Specifically, these looked at the legal mechanisms for excluding persons that are suspected of terrorist acts from the protection of refugee status. New grounds for refusal were introduced in May 2002 that makes possible the rejection of a renewal of permanent residence, and also, in vague wording, persons may be removed from the current country on the basis of "grave reasons of public security". The conclusion that Brouwers draws is that at the EU level changes in immigration and asylum policies were not made, but rather that cooperation amongst member states was of main importance. Further, the terms "terrorist" or "terrorist supporting activities" account for the variations in the measures taken by different states, as well as the attitudes towards "inclusion" before "exclusion" as it relates to national security priorities. Thus, the measures taken to combat terrorism that affected immigration, asylum seekers and refugees were largely at the national level, illustrating states decisions to focus on the expansion of internal security measures. Therefore, the relative inaction at the EU level towards immigration/asylum measures indicates the philosophical and moral dilemma underpinning the legal dimensions of the obligation to protect.

Mental Health

Community Contact and Mental Health Amongst Socially Isolated Refugees in Edinburgh
Journal of Refugee Studies, Volume 15, Number 1, pp.71-80, 2002
Ager, Alastair, Margaret Malcolm, Sana Sadollah, and Fiona O"May
  Abstracted by: Kim Bell [2010]
See listing under "Refugees"

Refugees

At Least You"re the Right Colour: Identity and Social Inclusion of Bosnian Refugees in Australia
Journal of Ethnic and Migration Studies, 2005, vol. 31, no. 4, pp. 615-638(24)
Colic-Peisker, V.
Abstracted by: Katherine Courtnage
Abstract:
Bosnians, displaced by the civil war, currently make up the largest number of post-World War II refugees living in Australia. They have received more money and more visas than any other refugee group. Colic-Peisker believes that the reason behind this phenomenon deals with the invisibility of Bosnians in Australian culture. In other words, Bosnians have the ability to blend into Australian society because they are not initially distinguished as an outsider. They look white in a white country and therefore do not face the same discrimination in the first stages of resettlement as other non-white refugees. The original acculturation does not last, however, and in the second stage of resettlement, when Bosnians must enter the competitive labor force, prejudice and discrimination reappear.
In the 1990s Bosnians received the highest number of permanent protection visas leading to an influx of Bosnians into Australia. Some researchers say that the acceptance of large numbers of Bosnians occurred in part because of the governmental belief that they could adjust into Australian society more successfully than other refugee groups. Colic-Peisker also states that the government and Australian citizens see Bosnians as part of the self. They are Anglo-Europeans and Australians felt a connection when hearing of the violence and rape that occurred during the Bosnian civil war, more so then in other refugee cases.
In the initial stages of resettlement a Bosnian's "whiteness" prevents them from having a role as the "Other". People can not tell by looking at them that they are refugees, and indeed many Bosnians attempt to separate themselves from other refugee groups. They identify and construct their identity around their perceived feeling as European and therefore they believe that they will easily adapt into Australian society. Acceptance, however, does not last and Bosnians find themselves forced to deal with discriminatory situations. Language, class, economic status, and social interactions all cause the exclusion of Bosnians from Australian society, especially when moving from stage one of resettlement into stage two.
As Bosnian refugees move from using government subsidies into the economic labor market discrimination reappears. Most Bosnians have 12 years of school and had skilled jobs in Bosnia. In Australia, however, a majority of Bosnians have jobs below their qualifications. This can cause social unrest and resentment in Bosnian populations, as well as added tensions between Bosnians and native Australians. Beyond working conditions, the idea of Bosnians as an Other is perpetuated by the formation of social networks. Often Bosnian refugees do not move outside of their ethnic community and in turn lose opportunities to gain contacts into Australian society. Isolation from the larger community "decreases the opportunities to achieve social rewards such as good income and high-status jobs, and to experience social promotion" (p. 631).
In summary, " the advantage of whiteness is political, discursive and perhaps psychological in the early stages of resettlement, but largely insubstantial in the everyday reality of resettlement past this early sheltered stage" (p. 635). Bosnians may face less discrimination initially, but in long term resettlement they still get labeled as the Other. At the end of the article Colic-Peisker advises the Australian government and resettlement agencies to promote policies that address the problems that Bosnians and other refugees have. Policies must focus on teaching English to refugees, finding them jobs, and promoting social and economic inclusion within the Australian society.

Reconceptualizing the Myth of Return: Continuity and Transition Amongst the Greek-Cypriot Refugees of 1974
Journal of Refugee Studies, 1999, vol. 12, no.1, pp. 1-22(22)
Zetter, Roger
Abstracted by: Kate Zimmerly
Abstract:
Large scale repatriation of refugees has been a remarkable legal and logistical accomplishment for the UNHRC and other organizations. However, the viability of repatriation as a construct is more questionable as far as refugees are concerned. Repatriation often involves re-uprooting social structures that have developed in exile and the reintegration of refugees with a "home" that is not simply a physical space, but a mythologized social construct as well. Using data collected from Greek-Cypriot refugees who were displaced during the 1974 Turkish invasion, this paper seeks to refine our conceptualization of how refugees respond to protracted exile, to examine how this response influences their perception of return, and to both question and refine the current understanding of the "myth of return," which refers to the phenomenon observed in refugee and immigrant communities where the act of returning home becomes an idea that is mythologized and reified.
The myth of return not only encapsulates a fictitious, idealized, or reinvented past, but also a fictitious future: in the case of Greek-Cypriots, return is unfortunately becoming an increasingly remote possibility. In such a majority"identified community as the Greek Cypriot refugees in Southern Cyprus, the myth of return is a dominant theme in culture and politics for all Greek Cypriots, not just refugees. These phenomena help to shape our understanding of how refugees may simultaneously adapt and integrate while continuing to hold on to convictions of return.
However, "myth of return" may be a misconceived shorthand for the "myth of return to home," as what is mythologized is not the act of return but the restoration of home. What is mythologized is what has been left behind and what, it is hoped, the act of return will accomplish: namely the restoration of what was lost both materially and symbolically. The three parameters of past, future, and present are conceptualized here as a triangle. If one of the points on this triangle is fractured or removed, or a connection between points is severed, then the all-important element of continuity is destroyed. This fractured triangle of past, future, and present is precisely the situation of the refugee after displacement. In the refugee triangle the parameter of the past is fractured, and the past-present and past-future connections are damaged or jeopardized. As such, contradictory behaviors of adaptation to place and the mythologizing of return home can be understood as parallel efforts to repair or restore the fragmented triangle. In this way, variation in the nature and degree to which this conceptual triangle is damaged can help explain the variation in refugees" responses to protracted displacement. For example, the degree to which an individual is able to repair or strengthen the present-future link can help explain why the myth of return serves as a hope in some cases and a deep-seated conviction or belief in others. It illuminates the issue of why some refugees are able to replace the lost "home" with the new one created in exile, while others seek to reproduce the "home" that was lost. Notions of emplacement therefore are supported. Finally, the concept of the fragmented triangle as presented here helps illuminate issues such as displacement-induced stress, non-linear transition and adaptation, and why some second generation refugees maintain the intensity of their parents" conviction to return, while other second generation refugees turn towards integration.

The limits to ‘transnationalism’: Bosnian and Eritrean refugees in Europe as emerging transnational communities
Ethnic and Racial Studies, 1 July 2001 , vol. 24, no. 1, pp. 578-600 (23)
Al-Ali N., Black R. and Koser K.
  Abstracted by: Sabra Barnett
Abstract:
The study of transnationalism emerged in the late 1990’s and at once began to challenge the ideas of nationalism and has been used to explore multiple disciplinary fields. The authors state that transnationalism is considered to be the way in which migrants’ economic, political and social relations create social fields and networks across political borders that are maintained over time. This article explores the limits of this term as it applies to the experience of migrants in areas of the world besides the Americas . The three elements considered here are: the role of historical contexts in transnationalism, the role of the state and the role of social and political factors that stimulate transnational actions. The case studies explored in this article are Bosnian refugees in the UK and the Netherlands and Eritrean refugees in the UK and Germany. The authors consider both communities in light of the three elements, historical context, the role of the state and of social and political factors, analyzing both extensions and limitations of transnationalism. For example, Bosnian refugees tended to avoid transnational activities because doing so was perceived as possibly jeopardizing their legal status in their new country. Significantly, Bosnians also saw their “home” country as having disappeared since Yugoslavia had disappeared. On the other hand, Eritreans had less legal troubles and therefore were free to pursue transnational behaviors, especially by maintaining strong ties with those back in Eritrea. Additionally, the Eritrean State has encouraged such behaviors. The authors also show that social pressures have created “forced transnationalism,” as different kinship, bureaucratic and political pressures force refugees to remain involved in their home countries even if they do not wish to return. For example, those who did not flee often regard Bosnian refugees with resentment as being “traitors,” and as a result, refugees will hide their hardships while consistently sending home remittances. Similarly, Eritrean refugees respond to social and bureaucratic pressures by continuing to pay a “tax” to the Eritrean State that has become closely linked to social status and acceptance. The article stresses the importance of these elements in producing highly uneven patterns of transnational activities both within and between these two groups of refugees. The authors conclude that neither the Bosnians nor the Eritreans studied constituted clear examples of “transnational communities;” they were in a dynamic, evolving process, not a “state of being” and were not “locked into fixed social fields or practices” (p. 17). They further conclude that there is a distinct difference between the Bosnian and Eritrean forms of transnationalism, most related to the way in which the Eritrean State has dealt more effectively with its diaspora. Related to this, many factors including the state and cultural positions combine to push transnationalism in a certain way and create “enforced transnationalism.” Finally, conditions including the refugees’ time frames, education and social background do exist that foster one type of transnational interaction over others.

 

Immigration, Social Citizenship and Housing in Germany Welfare
International Journal of Urban & Regional Research, 1996, vol. 20, no. 1, pp. 83-98 (16)
Faist, Thomas and Haußermann, Hartmutt
  Abstracted by: Michael Neil
Abstract:
During the twentieth century, a vast influx of immigrants of varying legal and social status has led to unrest concerning the ability and willingness of states to provide them with the social service entitlements of the past. In the 1990s, contentious political battles developed over the feasibility of nation-states continuing provision of social services, designed for their citizenry, to unanticipated and often unwelcome immigrants, while maintaining desired cultural identity. Within the context of a relatively strong welfare state, such as Germany , how is this problem addressed?
According to Faist and Häußermann, the unified German state has struggled with resource allocation through the 1990s and beyond. Today, immigrants of various types constitute at least 8% of the total German population. With the increase in immigration during the late 1980s and 1990s resulting from the fall of the German Democratic Republic, other ex-Communist nations in Eastern Europe , and the Former Soviet Union, the German government tightened immigration policy and began the systematic, yet informal, exclusion of "unwelcome" groups. It tightened criteria for asylum. Restrictions limited movement into the nation, as well as made qualifications for residency and work permits more stringent, while they curtailed housing and work provisions, as well as some political rights. Immigrants, in general, including guest workers, refugees from East Germany , migrant laborers, seasonal workers, and asylum seekers and receivers, vied and continue to compete for pieces of the shrinking German social service budget.
De facto German provision of social services as well as qualifications for citizenship were, and continue to be, largely based on ethno-cultural criteria. As such, ethnic Germans from formerly communist Eastern Europe achieved full benefits under resident non-citizen legal status upon arrival, a benefit shared by recognized refugees, though the latter must remain for at least five years to acquire citizenship while ethnic Germans qualified immediately. Settled guest workers, including Turks and Yugoslavs, can receive services immediately and qualify for citizenship after ten years, but temporary workers cannot receive either entitlement, and their employment conditions are tenuous. Asylum-seekers who do not obtain prior official legal recognition can receive education and unemployment insurance but no social security or housing.
This denial of access to both the private housing market (because of poverty) and subsidized housing often produces alienation. Even when asylum seekers achieve legally recognized status as refugees, they experience isolation and separation from the social fabric and governmental process of Germany . Even though these recognized refugees might acquire subsidized housing, this entitlement, which often places them in crowded, poverty-stricken, urban centers, manifests in tension and violence with German neighbors. Hostility has also increased with the insertion of new immigrants from East Germany and other European nations during the 1990s and the post-Cold War immigration crisis remains one of the most contentious political issues within Germany and Europe as a whole. Xenophobic right-wing political parties have used the issue of cultural homogeneity and the undesirable dilution of social services for citizens in acceptor nations to gain support for increasingly stringent anti-immigrant budgetary and social policies across much of Europe, especially in France, Austria, the Netherlands, Belgium, and Italy. These measures are popular with many in a heretofore social-democratic European society that now seeks to build "economic prosperity," at the cost of social programs, for successful participation in the European Union.
Thus, a chain reaction has significantly reduced the expectation of an economically viable and certain future for both immigrants, and nationals. The catalyst of historical political upheaval with its attendant resettlement of displaced peoples has created hardship on the part of nations accustomed to largely homogeneous cultures. Overburdened social services budgets have collided with attempted international political federation in the European Union, resulting in states denying the poor within their borders a social safety net in order to consolidate monies for economic ventures.

 

Bosnian Refugees and Socio-economic Realities: Changes in Refugee and Resettlement Policies in Austria and the United States
Journal of Ethnic and Migration Studies, January 2003, vol. 29, no. 1, pp. 5-26 (21)
Franz B.
  Abstracted by: Carol Vernon
Abstract:
When refugee and asylum applications accelerated in post-1989 Western Europe, states responded by lowering admission ceilings. A shift occurred from prior emphasis on resettlement and political asylum to temporary protection and repatriation as the most desirable “durable solutions.” This article addresses some of the legal and political changes and their effects on the refugee population by comparing two vastly different resettlement schemes: that of the US and Austria. This study was based on in-depth interviews in 1999 with 26 Bosnian refugees resettled in Vienna and 20 in New York City, plus interviews with key personnel in both governmental and non-governmental organizations. In spring and summer of 1992, more than 30,000 Bosnians entered Austria. Due to its geographic location, it was the first Western European state inundated with a large influx of Bosnian refugees. Fearing that foreigners would swamp their country, the Austrian government set the precedent in Europe by giving temporary protected status (TPS) to refugees from the Balkans area, instead of classifying them as refugees under Article 1 of the 1951 Refugee Convention. The Federal Asylum Office made the criteria for applying for asylum so difficult that most Bosnians were prohibited from applying. Of those that did apply, over two-thirds were rejected. Since Austria denied Bosnian refugees the Convention asylum status, they held an uncertain residence status for a number of years and most could not seek legal employment or travel freely throughout the country. A majority found work, however, through the black market. Those Bosnians who came to the US prior to August 10, 1992 were also given TPS status, which allowed them to seek employment and travel freely throughout the country. TPS status ended on February 10, 2001. Most Bosnians who came to the US, however, came under the refugee resettlement program and, as such, were treated as Convention refugees. With a US policy that provided a wide array of services through public-private partnerships, it could be surmised that the Bosnian refugees would fare much better in terms of economic success and upward mobility. Conversely, the two groups showed similar patterns of upward mobility. Both groups took similar types of jobs initially; Bosnian women in Austria, however, disproportionately shouldered the initial socio-economic adjustment due to the particular demands of the black labor market. Through their individual determination, many were eventually able to convert these jobs to permanent guestworker positions. As guestworkers, they gained social service benefits for themselves and their families. In the US, settlement agencies encouraged early employment for the heads of household in mostly entry-level jobs. An analysis showed that the two groups adapted socio-economically quite similarly, leading to the conclusion that this was due more to individual initiative and persistence than to state policy.

Community Contact and Mental Health Amongst Socially Isolated Refugees in Edinburgh
Journal of Refugee Studies, Volume 15, Number 1, pp.71-80, 2002
Ager, Alastair, Margaret Malcolm, Sana Sadollah, and Fiona O"May
  Abstracted by: Kim Bell [2010]
Abstract:
  Mental Health is a field that until recently was not commonly implemented or integrated into international aid practice when working with refugees and asylum seekers. When mental health professionals work with refugees and asylum seekers, the focus tends to be on their history, such as how past events in their countries of origin as well as their experiences of flight impacted them. However, the focus in this article is on refugees" post-migration experience after resettlement, specifically with social isolation. The study was a needs assessment in advance of a project and through the study, participants" priorities were ascertained in regard to supportive actions from the planned service. The study specifically examined the relationship between community contact and mental health as an indicator of post-migratory adjustment. There were twenty-six refugee participants and all lived in the Edinburgh area and were identified by the Scottish Refugee Council as experiencing social isolation. Fourteen of the participants originated from other European countries, eight were from Africa, and four were from Asia. They were between the ages of 20 to 45, had been living in the UK for various amounts of time, and had various marriage statuses and living situations.   Although the participants had many diverse characteristics, almost half could be clinically diagnosed with an anxiety disorder and depression, and nearly one third of them had trouble sleeping. The small sample size of this study means that the statistics are unlikely to be representative of the broader population and the power of such statistics is limited. However, the high levels of anxiety and depression experienced by this group support previous studies showing that certain mental health problems are higher among refugees than the general population. What is interesting about this study is that the refugees considered adoptive activities that helped as a bridge into a host community's culture to be more important than the provision of counseling services. This finding is supported by a study showing that psychological well-being is better among volunteer-assisted refugees because of the broader social networks connected with them. These social networks help them bridge into the host community at the mainstream, not at the margins where they are likely to feel more isolated.

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EU Enlargement and the Challenge of Policy Transfer: the Case of Refugee Policy
Journal of Ethnic and Migration Studies, October 2002, vol. 28, no. 4, pp. 701-721 (21)
Lavenex S.
  Abstracted by Carol Vernon
Abstract:
With the post-1989 transition to democracy, the ten candidate countries for EU membership from Central and Eastern Europe (CEE) have largely acceded to international refugee and asylum conventions and treaties, including the signing of the Geneva Refugee Convention. They are also rapidly evolving from sending to receiving countries. Given these monumental changes, as well as increased refugee flows from the East and the South, there is a growing need to develop the necessary social, legal, and administrative infrastructure to handle such challenges. In this article, all ten candidate countries are shown to exhibit a similar pattern of refugee policy reform, although each has had very different experiences with asylum. Since each had to adopt general asylum and immigration legislation in order to acquire EU membership, the first reforms were seen as liberalizing, in that they guaranteed fleeing persons the right to the asylum process. The second stage of reform showed increased restrictions as borders became tighter. The principals of “safe third country rule”, “safe countries of origin”, expedited expulsions and returns, and the tightening of visa requirements were also implemented. The third stage has involved a balancing of each country’s reforms based on its reaction to deficits exposed by an annual EU report. While it has been generally accepted that refugee policy transfer among EU candidate countries is due to pressure and coercion from the EU, upon further review, however, it appears that these domestic changes are chiefly due to the impact of policy reforms by neighboring EU member states. Interestingly, the UNHCR has had very limited impact on legislative developments in CEE countries. Instead, the candidate states have largely been influenced by the (often uncoordinated) efforts and activities of individual neighboring states, extending to bilateral readmission agreements and arrangements between these states. Another interesting development is the Twinnings’ Program, the practice of pairing established asylum agencies in Western states with their counterparts in the CEE. The program’s aim is to help candidate countries establish the structures, human resources, management, and leadership skills in the refugee arena so that they can achieve the same standards as member states. Given that the CEE countries did not participate in the international refugee regime before, their inexperience and uncertainty in the refugee field may lead to eventual conflicts of interest about what kind of protection should be offered and for whom.

 

Ukraine. On the Outside Looking In.”
Refugees magazine, United High Commissioners for Refugees., Volume 2, Number 135, 2004, pp. 14-17
  Abstracted by: Keesha Egebrecht
Abstract:
Central Europe is again “rising to the top” of European affairs, this time on the challenging issue of refugees. There are three countries, Ukraine, Moldova and Belarus , which do not have resources to aid the refugees or to monitor the borders to Western Europe. This article aims to bring awareness and to create the necessity to take action by addressing some of the existing challenges in Central Europe ’s refugee situation. During WWII, Ukraine and the surrounding area turned into Europe ’s killing fields. Over the last century, towns and villages have traded their names and/or allegiances at least thirteen times. Also, during the last decade, Ukraine, Moldova and Belarus have fallen on the “outside” of the European Union, which is causing some severe hardships for the citizens of those nations and the refugees trying to escape to Europe. Over the last few years the EU has given its new members more than 1 billion dollars to strengthen their borders, immigration and asylum systems. However, these three countries have received almost nothing in comparison. The EU’s eastern neighbors are among the continent’s most impoverished countries. It is obvious that in order to improve the situation and to have everyone win, resources need to be spread throughout the continent. However, the opposite is happening; the imbalance of resources continues to influence the number of people reaching Western Europe illegally or not at all. The situations in Ukraine, Moldova and Belarus affect every nation in the European region. The United Nations High Commissioner for Refugees (UNHCR) is heavily involved in asylum and refugee issues there, but is pushing for stronger moves to increase the necessary resources. However, this causes complications because there are too many conflicting initiatives. Their efforts overlap, resulting in waste and inefficiency. Despite the challenges facing them, Ukraine, Moldova and Belarus have made progress in meeting the immigration and asylum challenges facing them. They have all acceded to the 1951 Geneva Refugee Convention. However, there are many problems that still exist. At least forty-five local laws still need to be synchronized with the 1951 Convention and subsequent international instruments if asylum seekers are going to be allowed to stay and enjoy their full rights. For the many that do get caught, the conditions are terrible. The guards claim, as soon as they get paid off, the refugees will be deported back, which is a breach of international and national law. In 2002 and 2003, because of the isolation, lack of news and horrendous conditions, riots broke out and there were mass escapes from detaining sites. These incidents were played up in the news, adding to the latent xenophobia. Many perceive foreigners to be troublemakers and that they receive better medical facilities and food than the poor locals. A gentleman in the article was quoted as saying, “You can build as many walls as you like, but this will not stop people trying to reach Europe. Walls are no match for poverty and desperation.” The article wraps up by reaffirming the region is again at the center of European affairs, but with a new set of problems to overcome.

Immigration, Asylum and Terrorism: A Changing Dynamic Legal and Practical Developments in the EU in Response to the Terrorist Attacks of 11.09
European Journal of Migration and Law 2003 volume 4, pp. 399-424.
Brouwer, Evelien
  Abstracted by: Shanae Becker [2010]
See listing under "Human Rights".

Judicial Protection and the New European Asylum Regime
European Journal of Migration & Law; Aug2010, Vol. 12 Issue 3, p273-297.
Staffans, Ida
  Abstracted by: Katie Corradini [2010]
Abstract:
The member states of the European Union control their own refugee status determination (RSD) but the EU understands it is necessary for all member states to reach a consensus regarding laws of judicial protection. In 1999 the common European asylum system (CEAS) and common European asylum procedure (CEAP) were created to further develop the European Commission and harmonize the member states. The author asks two questions regarding international cooperation of the refugee issue in the EU: can judicial protection at the national level be guaranteed at the international level, and are the procedures of the member states a result of their collaboration?
  Looking at the 1951 Convention Relating to the Status of Refugees, the European Convention on Human Rights (ECHR), and the United Nations Torture Convention (CAT), Staffans examines each signatory's RSD at the national level. Though states need to protect their sovereignty, their actions play an important role in determining refugee law at the international level. Perhaps the most important reason for cohesiveness among EU member states is so all people granted asylum will enjoy the same rights throughout the European Union, in addition to member states being able to easily share information about country-of-origin.
  Staffans addresses both criticisms and commendations of a unified European court for asylum seekers and refugees. In order for a successful court to be created, the resources and knowledge must provide a high level of protection within the court. If this is not achieved then the system will be unsuccessful. Her criticisms towards a unified court are: member states may be unwilling to relinquish some of their power to the European Union, including giving up their veto power. The Asylum Procedures Directive (APD) has not changed since its adoption and member states would likely be unwilling to change current legislation that gives more power to the EU and takes power away from them. She believes that an inclusive court can be effective in the EU because it has the necessary evaluation and enhancement techniques. Additionally, the prospect of a new court has been talked about for quite some time, therefore member states are familiar with the proposed changes and new rules and regulations that would be imposed.
  Regardless of the member states" decision to adopt a new court and RSD procedures, the bottom line is that the rights and protection of an individual asylum seeker cannot be sacrificed for another individual. An inclusive court will be attainable if courts at regional and national levels work together to ensure protection for each individual, and through harmonization among member states, this is certainly possible.

Special Education

Education in a Rebuilding Nation: Renewing Special Education in Kosovo
Exceptional Children, Summer 2004, vol. 70, no. 4, pp. 485-495 (11)
Bartlett , B., Blatch, P., and Power, D.
  Abstracted by: Michael Neil
Abstract:
By the end of the Bosnian Civil War, the educational system in Kosovo, including special education, had been decimated. Though devastating, the consequences of this destruction provided an opportunity for innovative restructuring of special needs education for individuals with disabilities. In "Education in a Rebuilding Nation: Renewing Special Education in Kosovo", Bartlett, Blatch, and Power discuss the successful projects initiated by the United Nations Mission in Kosovo (UNMIK) in conjunction with activists within the Kosovar educational community. This article also focuses on a neglected field of study encompassing the unique needs of people caught within the intersection of disability and displacement and social needs, including education.
Reestablishment of an educational system, which can impart literacy and other necessary skills, becomes paramount in the effort to regain functional self-government after ethnic conflict and other violence have disrupted governmental and societal institutions. The ideal reconstruction and renovation of educational systems requires rebuilding infrastructure, as well as replenishing supplies, but particularly focuses on multiculturalism and inclusion when training teachers and administrators. In the case of Kosovo, scarce building materials and limited school supplies did not deter the desire of both teachers and students to reestablish and improve their traditional schools, reclaiming and amending their previous system.
In pre-war Kosovo, special education operated under a "withdrawal" model, which separated deaf, blind, and intellectually impaired students from the community at large and from each other. Impediments to attendance for these special-needs students included transportation and safety issues. In many cases, children lived far from a designated school and the connecting roads were studded with land mines. Additionally, trained special-education teachers were scarce. Ethnic segregation exacerbated the problems. Serb, ethnic Albanian Muslim, nomadic Roma schools were separated from one another bureaucratically and geographically. Division by ethnicity segregated the already enisled special needs children.
By 2000, with the fall of Milosevic and the end of the Kosovar civil war, terrorized and neglected students populated the remnants of the parallel school systems run by Albanian Kosovars. The UNMIK provided almost immediate relief. It appointed wardens to protect students and hired teachers committed to ethnic as well as disability integration. To aid this process, the deaf community purged teachers and administrators unwilling to discard archaic views, integrated classes, and created Kosovar Sign Language.
In the blind community, UNMIK took a secondary role to school and community leaders who had shielded blind students, whose parents had fled without them, from roving militias during the conflict. In staying to protect the children, professional teachers including those with special education training and administrators remained, as did the proper educational equipment they preserved. Even before the conflict, adapted mainstream curricula were in place. Conditions existed which allowed for easier normalization, rebuilding, and reform.
While Kosovo has experienced enormous challenges, the resilience and resourcefulness of the special education system stands as an exemplar of ethnic and disability tolerance, a valuable asset to national reconstruction. The experiences of UNMIK and grassroots educational groups in Kosovo have shown that permanent disintegration of social services is not inevitable in a post-conflict situation and that rebuilding efforts can provide unique opportunities for community improvement.

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