Preventive Action for Refugee Producing Situations

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220 Chapters the situation of those other countries of the isthmus which have suffered repercussions from the crisis, particularly as far as the refugee problem is concerned. 545 The Secretaries-General can thus be seen to have used their authority in situations where massive refugee flows were likely to endanger international peace and security, by convening the international meeting on refugees in Southeast Asia in 1979 and through the initiative for special program in Central America. 546 In concluding this chapter on the legal justification for international preventive action, we recognize that on the one hand the notion of the sovereignty of state, the doctrine of domestic jurisdiction, and the principle of nonintervention are well established norms in international law and politics. On the other hand, the implementation of international human rights laws and the emerging consensus on the need to intervene within states to address causes of refugee flows is developing slowly. The ultimate purpose of the search for the legal basis of our proposal is to promote the restoration or maintenance of minimal standards of humanitarian treatment. As we can establish from pertinent instruments and practice, states have accepted and agreed to do just that, both through individual ratification of relevant instruments and by the very act of joining the United Nations, which implies an acceptance of the principles and purposes of the UN Charter and the extension of international jurisdiction into their domestic territory. We found three legal cornerstones for our policy: first, the emerging international consensus among all states belonging to the United Nations that there is a need to strengthen international cooperation to avert new refugee flows, and the acceptance and assignment of specific obligations to states and responsibilities to the main organs and the Secretary-General of the United Nations for this purpose; second, the progress in the codification of international human rights law and the practice of states and the United Nations in the implementation of these standards that has _________________________ 545 A/42/PV.111,13 May 1988, pp. 64-65. 546 In an increasingly complex world, the role of the Secretary-General is becoming more complex and sensitive. Even though much of his success at maintaining peace and security, partly having an effect on containing refugee-producing situations, depends on the international political climate, scholarly work shows that his use of discretionary authority has been "influenced by both the personal qualities of the incumbent and the nature of the organization; but mostly has depended on the fluid and changing nature of international politics and diplomacy." Jaka Jido-for Okolo, "Evolution of the Use of the Discretionary Authority of the United Nations' Secretary-General", diss. New York University 1984, p. I Legal Justification 221 been limiting states' domestic jurisdiction in this field; and third, the recognition that massive refugee flows can destabilize international peace and security, which has motivated the Secretary-General to take concrete actions to address refugee-producing situations. Our proposal therefore represents neither an offense nor an intolerable intervention into states' internal affairs, but rather harmonizes with the current evolution of international law and political practice, which chalenges traditional principles of nonintervention with regard to refugee-producing situations.
Concluding remarks 1 Chapter 6 223 The last 30 years, especially the early Cold War period, besides being directly and indirectly the cause for millions of refugees, seriously impeded effective preventive actions. As early as the late 1950's the then Secretary-General Hammarskjold coined the term 'preventive diplomacy'. Progressively, as from the early 1980's, actions with preventive purpose or content were proposed, discussed, and some of them started in and outside the United Nations. Past initiatives and projects have provided references and incentives, they helped catalyze forward thinking and conceptualizing of fresh ideas. The analytical discussion has shown that the reasons why people become refugees are not necessarily due to individual persecution or fear of persecution. The examples analyzed also documented situations in which people become refugees to serve specific strategic or political purposes. These cases were not chosen for their representativity, but were selected for direct testimonies collected from former and current refugees and displaced persons in and from Vietnam in South East Asia, as well as from personal interviews and observations in Central America. The evidence from these testimonies require actions against conditions created for political reasons, in which refugees' lives or liberty are at stake. The examples and analysis supports a broad agreement that is emerging to intervene before people are forced to flee instead of waiting on the other side of the border until the damage is done. With the end of the Cold War, unprecedented opportunities for new interaction and intervention developed with almost global cooperation for preventive measures world wide. New approaches and policies in the rewritten Chapter 4, document progress made in the area of policy propositions made in the first edition. In fact, progress made goes beyond expectations. Of course, the Post Cold War time has lead to a renaissance of the United Nations and the fulfillment of its mandate. UN conflict prevention endeavors, at least small ones, become a more realistic choice than before. Secretary-General Boutros Boutros- Ghali is gaining fresh _______________________ 1 Revised for second edition
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Luise Drüke Preventive Action for
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European University Studies Europä
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Foreword It is a pleasure to welcom
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