Ireland’s Refugee Responsibilities: A Legal and Ethical Perspective
Exploring International Law and Domestic Legislation Amid the Refugee Crisis and Social Unrest
People must understand something about refugees and asylum seekers: Ireland has legally binding responsibilities under international and EU law. In regards to the handling of refugees, Ireland, as a member of the United Nations and the European Union, is obligated to follow international laws. These laws, outlined in the 1951 Refugee Convention and its 1967 protocol, both of which have been ratified by Ireland, define who is a refugee, their rights, and the legal obligations of states. Therefore, protests advocating for their return home (refoulment) are not in line with these obligations. I am deeply concerned about violent acts such as burning refugee camps and physical violence against individuals. These acts demonstrate moral bankruptcy and are unlawful both nationally and internationally.
Another concern relates to the First Amendment of the Constitution Act 1939, which extended the constitutional definition of “time of war” to include periods during which a war occurs without the state ‘itself’ being a direct participant. Given the ongoing full-scale war between Russia and Ukraine, this amendment could be invoked to introduce new restrictions or declare a state of emergency if the civil unrest over the refugee situation worsens. However, such a move would require careful balance to ensure that any restrictions on civil liberties are justified, proportionate, and subject to regular review, in line with Ireland’s obligations under national and international human rights law.
This kind of enactment is what agent provocateurs crave and what rogue state actors are vying for now: and it is completely within the realm of possibility due to the current geopolitical state of affairs, economic conditions, social unrest and the amplification of polarised camps on social media platforms. So please, do not succumb to reflexive control and do yourself harm by adopting and acting out on issues the state cannot legally remedy.
Please note:
This article is not about the housing crisis: It is not about Ireland’s failure to provide proper systems to look after those it is legally responsible for protecting — these topics are for further articles.
Addendum
- Refugees and Asylum Seekers: Refugees are individuals who have been forced to flee their country because of persecution, war, or violence. Asylum seekers are people who apply for protection as refugees and are awaiting a decision on their status.
- 1951 Refugee Convention and its 1967 protocol: The 1951 Refugee Convention is a UN treaty that defines who is a refugee, their rights, and the obligations of nations in protecting them. The 1967 protocol removed geographical and temporal restrictions from the Convention.
- Refoulment: This is a term used in international law and refers to the practice of returning refugees or asylum seekers to a country where they could be subjected to persecution.
- First Amendment of the Constitution Act 1939: This legislation in Ireland extended the definition of “time of war” to include situations where a war is occurring without the state’s direct involvement.
- Agent Provocateurs: This term refers to individuals who incite others to commit illegal actions so that they can be arrested or discredited.
- Rogue State Actors: This term typically refers to states that are seen to defy international norms and laws or to behave unpredictably, often with respect to human rights abuses, support for terrorism, or the pursuit of weapons of mass destruction.
- Reflexive Control: This concept is often used in information warfare and psychological operations. It involves transmitting information to an opponent to encourage them to make a decision detrimental to their own interests but which they believe is in their best interest.
References
First Amendment of the Constitution Act, 1939. (2023). Retrieved 18 May 2023, from https://www.irishstatutebook.ie/eli/1939/ca/1/enacted/en/html
The 1951 Refugee Convention | UNHCR UK. (1951). Retrieved 18 May 2023, from https://www.unhcr.org/uk/about-unhcr/who-we-are/1951-refugee-convention
Protocol relating to the Status of Refugees. (1967). Retrieved 18 May 2023, from https://www.ohchr.org/en/instruments-mechanisms/instruments/protocol-relating-status-refugees
