Because We Were Strangers: Applying burden-Sharing as a Durable Solution for African Asylum Seekers in Israel

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Title: Because We Were Strangers: Applying burden-Sharing as a Durable Solution for African Asylum Seekers in Israel
Authors: Pikelin , Samuel
Date: 2012
Abstract: My Major Research Paper is an examination of non-Jewish African asylum seekers entering Israel from the Sinai Peninsula. I argue that the best way of solving the current crisis is through the implementation of a robust burden-sharing scheme. My research paper is split into three sections. The first section examines the ethical dimensions of non-Jewish asylum seekers in Israel. I argue that Israel’s founding as a Zionist state, meant to protect Jews from harm, gives it special responsibilities to African asylum seekers fleeing persecution. The best way to fulfill this responsibility is through the principle of humanitarianism. The second section examines a brief history of refugee protection and Israel’s status in it, starting with the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees. It then examines how Israel’s system of refugee protection attempts to meet its international obligations to African asylum seekers. Finally, the third section examines a solution to the influx of African asylum seekers – burden-sharing, a legal mechanism by which host countries can send refugees to safe, third countries. I argue that burden-sharing remains one of the few durable solutions available to the State of Israel, but Israel is ultimately failing to implement this policy because it lacks a refugee determination system. To justify this claim, I examine burden-sharing in international law, followed by an account of different jurisdictions application of burden-sharing, including the European Union. Finally, I examine how burden-sharing can be theoretically applied to non-Jewish African asylum seekers in Israel.
URL: http://hdl.handle.net/10393/31131
CollectionAffaires publiques et internationales - Mémoires // Public and International Affairs - Research Papers
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