TheYemen , in the long form Republic of Yemen , in Arabic al-Yaman and Al-al-Jumhuriyah Yamaniyah is an Arab country located on the southwestern tip of the peninsula of Arabia . Its capital is Sanaa . It has coastlines on the Gulf of Aden and the Red Sea . Neighboring countries of Yemen are the Kingdom of Saudi Arabia to the north and Oman to the east. Yemen covers a total area of 527,970 km ² . Several islands are part of Yemeni territory: the island of Kamaran in the Red Sea, the island of Perim , which control access to the Red Sea through the Strait of Bab-el-Mandeb , and the island of Socotra (the large islands) in the Indian Ocean . In the ancient world, Yemen was known as ” Arabia Felix “. The current Yemen was born in 1990 in the meeting of the People’s Democratic Republic of Yemen ( South Yemen ) and the Yemen Arab Republic ( North Yemen ).Yimen means in Arabic “right.” Indeed, the ancient Semites had become used to move and watch the sunrise, that is to say towards the east. The south was then located on their right, while the north was designated to as ash-Shamal , which derives from the word al-ashmal meaning “the left”. The Arabic word ” al-yiumna “which means” prosperity ” also explain the interpretation that the South in general and Yemen in particular is associated with wealth, hence the nickname ” Happy Arabia “which has been assigned. It is, indeed, that Yemen is one of the most irrigated from the Arabian Peninsula.The part north of Yemen was nominally subject to the Ottoman Empire until 1918. The monarchy (Imamate) there was abolished on 27 September 1962 , when the country became known as the Yemen Arab Republic (commonly called “North Yemen”) where a civil war would last until 1970 supported the Republican side by the Forces Egyptian armies that will use the mustard gas and royalist side by the Saudi Arabia .The part south is the former British hinterland, formed gradually from 1839 around the port of Aden . After the departure of British troops, the Federation of South Arabia and Protectorate of South Arabia came together on 30 November 1967 to form a new independent state, the People’s Republic of South Yemen (commonly called “South Yemen” ). Three years later, it adopted the name Democratic Republic of Yemen .The International Humanitarian Law (IHL) is a set of rules which, for reasons humanitarian , seeking to limit the effects of armed conflict . It protects people who do not or no longer in combat , and restricts the means and methods of warfare. IHL is also known as ” the law of war “or” law of armed conflict . “IHL is part of international law governing relations between states. It is formed by a set of international rules of treaty or customary. The four Geneva Conventions of 1949 and their Additional Protocol I of 1977 are the main treaties applicable to international armed conflicts. The non-international armed conflict depends in turn to Article 3 common to the Geneva Conventions and the Second Additional Protocol of 1977.IHL applies only in situations of armed conflict. It does not determine whether or not a state has the right to use force. This is governed by a separate but important part of international law, contained in the UN Charter .Main article: Reunification of Yemen .On 22 May 1990 , the Yemen Arab Republic (North Yemen) and the Democratic Republic of Yemen (South Yemen) merged to form a single state, the Republic of Yemen. The same year, Yemen supports the Iraq during the first Gulf War (1990-1991) without validating its annexation of Kuwait , which earned him the retaliation of the United States : the currency is attacked and devalued, the Saudi Arabia after the U.S. ally and expels the kingdom one million Yemeni workers depriving millions of families to resources.Main article: Civil war in Yemen in 1994 .From 21 May to 7 July 1994 , South Yemen tried unsuccessfully to secede under the name ” Democratic Republic of Yemen “, before falling under the control of the government in Sanaa.Main article: Insurgency in Sa’dah .At the beginning of xxi th century , the government is facing Islamist rebel movements, especially young believers . In 2004 , clashes near the border with Saudi Arabia were about 400 dead. Since 2004, Yemen lit also faces an armed rebellion of the Zaidi Shia minority in the province of Sa’dah (northwest), which does not recognize the regime of President Ali Abdallah Saleh , in power since 1990. At the beginning of April 2005 , government forces attacked the positions of Islamist rebels in the mountains northwest of the country three weeks of fighting in the province of Sa’dah have killed about 200 people . In 2009 the civil war continues and the UN has moved 150 000 3 . Since the November 4 2009 , the Saudi Arabia intervened militarily against the rebellion 4 .Despite an official anchor in the Western camp and cooperation for the control of its coasts, the country remains a source of instability.Main article: Revolt of 2011 Yemeni .In early 2011 occurred the rebellion of 2011 Yemeni designating a protest movement of large-scale occurring at the beginning of 2011 in Sana’a and several other cities of Yemen 5 . Inspired by previous Algerian , Tunisian and Egyptian , protesters demanding democracy, an end to corruption and the stranglehold of the General People’s Congress (GPC, in power), better living conditions and the departure of President Ali Abdallah Saleh , in power for 32 years. The protests eventually escalated into revolt after the insurrection of tribal fighters.Yemen is Crossfit Denver a republic . The right to vote is granted to all citizens over 18 years. The Constitution of 16 May 1991 , was amended on 29 September 1994 .The President is elected for a term of seven years. Vice President and Prime Minister are appointed by the President. Ali Abdullah Saleh is the Chairman from 22 May 1990 .The President is the head of state while the Prime Minister is the head of government.Legislative power is vested in a unicameral 301-seat, renewed every four years.The right of Yemen is based on Islamic law, British law and local customs.The Supreme Court is the highest authority of the judiciary, but in practice outside the major cities, the strict application of Sharia law is in place. The apostasy from Islam is prohibited and punishable by death.Differences between the obligations of Yemen under the UN Declaration and the implementation of Sharia and tribal laws.The situation of human rights in Yemen has been considered by the Council of Human Rights United Nations for the first time between May and September 2009 during the Universal Periodic Review (UPR). Yemen has agreed to implement more than one hundred recommendations of the Board. While promising to make progress by establishing a national commission for human rights through legislation and the minimum age for marriage, he firmly rejected the abolition of the death penalty. In 2009, convictions of floggings were applied. The next UPR Yemen is expected in 2013.The government and security forces, plagued by corruption, have been responsible for cases of torture , executions without trial and inhumane treatment. Arbitrary arrests took place, particularly in the south, as well as unreasonable searches of houses. Prolonged pretrial detention is a serious problem, and the judicial process is undermined by corruption, executive interference and inefficiency. The freedom of the press and religion and free expression are limited.Human Rights Watch reported on discrimination and violence against women and denounced the abolition of the minimum age of marriage for women, set at 15. The arrival of puberty is often determined as the time of marriage. Media coverage of the case of Nujood Ali, ten year old girl divorced, introduced the issue of child marriage not only in Yemen but in the world 11 . Forms of hostile prejudice against people with disabilities and religious minorities have also been reported.The censure is actively practiced. In 2005, a law requiring journalists to reveal their sources under certain circumstances. The government also significantly increased the cost of creating a newspaper and a website. Violating the constitution, law enforcement regularly intercept telephone and Internet communications. Journalists critical of the government are often harassed and threatened by police 12 . The country has several prisoners of conscience, according to Amnesty International 13.As part of a current UN reform initiated by the Secretary-General Kofi Annan during the years 1997 to 2005 , the creation of the Council is first suggested in a report of the Secretary General of the UN in March 2005, where it is noted that “States have sought to be elected to the Commission not to defend human rights but to protect themselves against criticism or to criticize others’ 1 , discredits the Commission and tarnishing the image of the United Nations. For this reason it is suggested free ipad the establishment of a Council of Human Rights, which would be more credible (like with the method of election would be reformed directly from the General Assembly , with an area competence largest and could become “either a principal organ of the UN is a subsidiary organ of the General Assembly” two , rising bachelorette party supplies to the rank of an institution rather than a simple functional body of the Economic and Social Council . According to the paper for the September 2005 UN Secretary-General , “the first concrete steps could be the beginning of a visionary change of direction for mankind.” 3 .Its creation was decided after the auto loans for bad credit UN World Summit in September 2005 of four and resolution 60/251 of the General Assembly of 15 March 2006 5 draft which is presented by the Swedish diplomat Jan Eliasson , and is a subsidiary organ of the Council General Assembly, with the first election held on 9 May 2006 , an initial term of office of members determined by drawing lots, while maintaining an equitable geographical distribution.The first regular sports physical therapy session opens on 19 June 2006 and a second from 19 September to 6 October 2006 . Member States of the Council decided to give one year to redefine their operating rules, through specific working groups. During the second session they reviewed all the reports should be examined initially in March-April 2006.Two other sessions were held from 29 November to 8 December 2006 , and March 12 at 6 April 2007 . Meanwhile, state representatives have had several sessions of the intergovernmental working to define new rules of the Board 6 , which were adopted at the 5 th session, held from 11 June to 18 June 2007 .One of the main changes consisted of the establishment of a mechanism for Universal Periodic Review (UPR) of all countries in terms of human rights 7 .Under the presidency of George W. Bush , the United States opposed the creation of a Council in this form. They have in the past strongly criticized the former Commission, they felt they lost all credibility due to the presence of several countries that violate human rights. The guarantees provided by the creation of this new Council did not comply, Denver Divorce Lawyer they do not show up as candidates for the first election. But the inauguration of Barack Obama in 2009 changed the country’s policy in this regard. In a letter dated 22 April 2009 , the Permanent Representative of the United States to the UN, Susan E. Rice announces the intention of his country to stand for election to the Council of Human Rights 8 and May 12 the United States are elected to the Board for a term from 2009 to 2012 .The establishment of the Universal Periodic Review (UPR) complies with the terms and procedures:a periodicity of the review of four years (which makes 48 states per year). Therefore, the 192 UN Member States will normally all been examined between 2008 and 2011the order of review should reflect the principles of universality and equal treatmentall Member States of the Council will be reviewed during their term of membership and the original members of the Council, the catalogues uk firstselection of countries for review must obey the principle of equitable geographical distributionthe first Member State and the first observer States to consider will be selected by lot in each regional group to ensure full respect for the principle of equitable geographical distribution. The review will take place then in alphabetical orderSimilar mechanisms exist in other organizations: the International Agency for Atomic Energy , the Council of Europe , the International Monetary Fund , the Organization of American States , the International Labour Organisation and the Organisation World Trade 9Apart from the three-yearly reports dedicated to the development of human rights policies that Member States must submit to the Secretary General since 1956, the UPR of the Council of Human Rights is the first in the field. It marks an exit from the selectivity that has been criticized by several states and non-governmental organizations (NGOs). Finally, the mechanism illustrates and confirms the universality of human rights.This review mechanism for all countries in turn from February trottinette freestyle 2008 . During specific sessions of the Council, each country is subject to a three-hour debate, which will formulate a draft of recommendations to the State under review or on a draft resolution.The review of the situation in each country will be based on three documents:a twenty-page report presented by the country concerned, which is “encouraged” to prepare this report to “conduct a broad consultation at national level with all stakeholders to gather information” 10 ;a report of ten pages of the High Commissioner for Human Rights summarizing the information gathered by the UN on this country;a ten-page report of the High Commissioner, on the positions of NGOs.For each country, a group of three diplomats drawn from different countries (troika) will be responsible for completing the whole process.NGOs may attend the review and address the plenary before the final recommendations are adopted.Sessions of the UPR.In 2005, the UN Secretary General Kofi Annan stated that “the politicization has undermined its sessions to the point that the declining credibility of the commission made ??a shadow on the reputation of the United Nations system as a no no hair removal whole” 15 . In 2006, he regrets that the Council is not the same attention to abuses in some states than those committed by Israel 16 .In 2007, the UN Secretary General Ban Ki-moon said to be “disappointed with the Council’s decision to choose only a folder specific regional Israeli-Palestinian conflict , despite the extent and scope of allegations of violations of rights of man in the world ” 17 .In 2008, Licra denounced, through a collective paper, signed among others by Elisabeth Badinter and Elie Wiesel , the Council of Human Rights, accusing him of being an organization “became an ideological war machine at the against its founding principles ” 18 .In the diet solution diet plan 2009, Jeffrey Laurenti, director of the Century Fundation complains that “the Islamic Conference is often the sponsor resolutions condemning Israel and other countries of the Third World tend to follow the resolutions resulting in a substantial majority on the issue” . This view is shared by the United States who also criticized the terms of accession to the Council 19 . Freedom House regrets that the Council has ordered that a few countries, the Democratic Republic of Congo , the Somali , the North Korea or Israel, saying it “remained the target of an excessive number of resolutions condemning: 10 of 18 resolutions from 2007 to 2009 and 19 of 31 since the first session of the Council, calling them” d ‘unilateral’ 20 Plastic Bins . At the UN, a movement has been trying for several years to promote the inclusion of defamation electronic cigarette of religions as a new form of racism. These attempts, promoted especially by the Organization of Islamic Cooperation (OIC), is regularly criticized internationally 21 .In 2010, John F. Sammis, representing the United States to the Economic and Social Council, said that “continuation of the bias against Israel is evident in the hasty resolution of the Council to establish a fact-finding mission with a mandate to investigate the incident defective tragedy chiropractic marketing on board vessels in relation to Gaza in late May 2010 and its follow-up resolution on the report of the fact-finding mission ” 22 . Israel’s ambassador in Geneva Aharon Leshno Yaar deplored “Israel can not get a fair hearing in the Council of Human Rights” 23 .In 2011, Secretary of State Hillary Clinton said at a Council meeting that he “can not continue to devote disproportionate attention to any country only. “She regretted that in the past five years” Israel remains the only country subject to a permanent agenda 24 , 25 , 26 . ” Richard Goldstone for his part stressed that “through the history of the Council of Human Rights by the UN against Israel can not be challenged 27 . “The American journalist Claudia Rosett, known for his criticism of the UN deplores in an article in the journal Forbes that 27 resolutions have condemned Israel while absolving “attackers including terrorist organizations like Hamas and Hezbollah supported Iran ” There is a definition of non-international armed conflict of high intensity with Article 1 § 1 of Additional Protocol II. The article states that the First Protocol II supplements common Article 3 on non-international armed conflicts, and that it will apply to all armed conflicts not covered by Protocol I in international armed conflicts. The text adds that to enter the scope of the Second Protocol, the conflict must take place within the territory of a High Contracting Party between its armed forces and dissident armed forces or organized armed groups. These groups or armed forces must be under the supervision of a responsible command and must exercise a part of the territory as it allow them to carry out sustained and concerted military operations and to implement Protocol II 2 . If any of the conditions imposed by this Article are not fulfilled, a qualifying NIAC buy spice low intensity hcg diet drops can then be considered.The non-international armed conflict of high intensity is therefore distinguished from low-intensity conflicts in the emphasis on command of the armed forces. The force fighting the national army should be so structured hierarchically, and have control over part of the territory. In this sense the intensity of the violation of state sovereignty is more important than in low intensity conflicts.However, as the Protocol II did not consider the question of a conflict between two organized armed gangs, the Tadic Appeals Chamber of the ICTY dated 1995 there came an answer. While providing a definition of non-international armed conflict, it came clear that it could be a conflict between two organized armed groups.International armed conflicts, or CAI, are defined in Article 2 common to the Geneva Conventions of 1949. Article 2 specifies when the Convention will apply in cases of “declared war or of any other armed conflict may arise between two or more States, even if the state of war is not recognized by either the either party ” . Use of the terms or any other conflict implies a declaration of war is not necessary for the qualification of a conflict in CAI.Article 1 § 4 of Protocol I came to add an armed conflict will be characterized as international if the parties to the conflict peoples ‘struggle against colonial domination and alien occupation and against racist regimes in the right of peoples to self-determination . “The participants then a CAI will benefit from a combatant or, if arrested, prisoner of war, as defined by the third Geneva Convention and Protocol I.We talk about the intervention of a third, when a state intervenes on the side of a party to the conflict in a non-international armed conflict. Internationalization occurs when certain conditions are met. Several hypotheses are then considered.A third State intervenes in a conflict by sending armed forces along with one party: there is no doubt about the internationalization of the conflict.The intervention of the third state is characterized by sending military advisers and technical experts together with one of the parties to the conflict. For there to internationalization, two conditions must be met by:Advisors or experts must take direct part in hostilities, not least by providing strategic advice to the party they support.These advisors or experts shall act in that capacity and on behalf of the foreign state that sent them (to prevent them from appearing as individuals)The third State sends volunteers or mercenaries alongside one of the parties.This issue remains unresolved and the ICRC did not really do rule on the subject. By cons, if volunteers or mercenaries appear to be directly engaged by the State from which they come, and take direct part in hostilities, then we can talk about internationalization, as in the case of Councillors.The third state sends a substantial material assistance to a party.In practice, many parties to non-international conflicts are supported by external assistance, particularly in the form car insurance of sending military equipment. The qualification internationalized conflict remains difficult and there is no clear answer so far. However, there are two answers provided by the International Court of Justice and the International Criminal Tribunal for the Former Yugoslavia .In 1986, the International Court of Justice (ICJ) had tried to find a solution in the case between Nicaragua to the United States. During the trial, the Court stated that the responsibility of the United States could not be initiated if it were established that they had “effective control of the military or paramilitary operations in which the violations in question would have occurred” 4 . But the ICJ did not clearly define what she meant by “effective control” and this position is still unclear.In the stretch marks Tadic case of 1999, the Appeals Chamber of the ICTY had operated a relaxation by replacing the term effective control by the global control 5 . It went beyond the effective control proposed by the ICJ in the sense that a greater or lesser involvement of Carpet Cleaning London a third State in the planning of military operations was enough to internationalize the conflict. We can consider the war as legitimate, according to two essential criteria:The decision of last resortPost-bellum an attempt to resolve the disputeThe principle of prohibition of the use of armed force between States and its exceptions The United Nations , in principle resolve disputes peacefully and consensually. The UN Charter provides in Article 2 and paragraph 4 that: “Members shall refrain in their international relations from the threat or use of force against the integrity territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations. ” Article 51 of the UN Charter suggests an exception to this principle, in self-defense. In this case, the attacked country can act as it sees fit, until the intervention of the Security Council and to the extent that his defense is proportional to the assault.The principle of collective security State facing a ” peace-breaker , “the Member States of the United Nations Joann Fabric coupons must respond economically, diplomatically and militarily, because they have principles and legal interests to act against such” peace-breaker. ” This principle depends on the political solidarity of States and the decision of the Security Council . But this prohibition on the use of force is one exception, that of self-defense . IHL protects civilians especially not participating in hostilities. Convention IV of 1949 is all about them.A civilian has no right to participate in the conflict. A civilian who participated in the conflict without the law can be legally tried for this and will not have granted combatant status.IHL also distinguished civilians not involved in the conflict on civilians taking an active part. Protocol I of 1977 on international armed conflicts in Articles 43 and 44 defines the criteria for distinguishing Civil and militia / partisan / guerrilla. Thus, civilians organized in a group organized and meets the criteria of Article 44 can in some cases be granted the status of prisoner of war.The laws of war, was broken, but it was mainly observed. In case of transgressions, IHL provides an array of sanctions. – First type of sanction: Victimisation , that is to say, the reaction of a belligerent to unlawful acts of the belligerent side. – Second type of sanction: Setting international responsibility of the State , that is, compensation for damage caused by an illegal state. – Third type of punishment: Criminal penalties , that is to say, the obligation to punish perpetrators of international crimes. – Fourth type of sanction: Mobilization of opinion , that is to say, the duty to inform the public through the flow of information.However, these sanctions have defects. The sanctions of the second and third type, are ex post facto sanctions (after the fact), and are only against a defeated party. The fourth type, depends on access to information of a population, its distribution and its impact. About two and four sanctions, post-conflict states prefer to restore normal diplomatic relations, rather than lengthy procedures in order to work towards reconciliation. As for the United hot tub cover Nations , they favor the restoration of peace.In conclusion, even if sanctions are more theoretical than practical, the war is not outside the law because we find the dialectic allowed / prohibited. If the jus in bello seems essentially violable, this is due to the nature of this right. This is a law between enemies. Just as it does not confuse trade and fraud, should not be confused act of war and war crimes . The United Nations High Commissioner for Refugees (UNHCR in the area speaking ), based in Geneva , is a program of the UN . Its original purpose of protecting the refugees , to find a lasting solution to their problems and ensure the implementation of the Geneva Convention on Refugees of 1951. After the departure of Ruud Lubbers , in February 2005 , replaced by the new High Commissioner António Guterres , “the number of persons of concern to UNHCR was 22.3 million, or one in 269 people in the world . The number of refugees stood at 12.1 million people, or 4% more than in 2000. Added to: 900 000 applicants for asylum , 800,000 returnees, Malaysia Property 5.3 million IDPs , 400,000 displaced returned home and 1.7 million others. ” The history of the UNHCR can evoke, prior to its creation, that of the Nansen Passport (1922) and the creation of the Intergovernmental Committee for Refugees (CIR) at the Evian Conference of 1938 . The 1930′s are indeed a large influx of “displaced”, reviewed by Hannah Arendt (1951 2 ). States set up refugee camps , particularly in France, to host the Spanish refugees (called, officially, “concentration camps”, or “internment” ) 3 .But it was only after World War II institution that ad hoc is created for Refugees, this in the context of the Cold War 3 . In 1946 , the first UN General Assembly made ??the plight of refugees a priority. And it was in 1947 that was created the International Refugee Organization (IRO). The institution then has the goal of hosting the “good” refugees from the Eastern bloc , giving them a “protection” of both physical and legal, based on the attempt to ensure respect for the rights of man for the “no-state” 3 .Following a series of international tensions, and the inability of the RIO to support the millions of people displaced during the Second World War on the European continent, it was decided to draw the consequences of the failure of the RTI and replace. And it’s a first in January 1951 that the UNHCR was created in place of the RIO. A few months later, under a resolution of the UN General Assembly in December 1950, the Convention of 28 July 1951 relating to the Status of Refugees (or Geneva Convention) provided a legal tool, the UNHCR was responsible for enforcing. Historically and legally, UNHCR is not primarily a body but an individual function, that of High Commissioner for Refugees, held with and under the authority of the Secretary General of the United Nations 4 . Created in 1949 to prepare the text of the Geneva Convention (1951), the High Commissioner is elected by the General Assembly on proposal of the Secretary denver accident lawyer General of the UN. During the first twenty years of the Convention of 28 July 1951 on the Status of Refugees , to the adoption home loans south africa of the New York Protocol , which extends to the world the territory to previously restricted to Europe for the management of population movements associated with World War II, candidates and elected to this position are exclusively European: This pregnancy has a profound institutional organization and explains that, from the year 1970, the Division of European Affairs , primary domain and legacy of the previous configuration, can be Translation Services considered within the international headquarters as a veritable “state within a state” where is the centroid of financial and political forces that enable the UNHCR. During the first twenty years of implementation of the Geneva Convention on Refugees (1951) , it does – explicitly stated in Article 1 A 2 first version – as events occurring before its adoption (1951) : in 1971 removed this How to Lose Weight Fast clause had the effect of limiting the scope of matters that happened during the Second World War and early Cold War, which reduced into practice the concept of “refugee” only to European refugees. In France, between 1951 and 1972, refugees recognized by the blu cigs coupon OFPRA 98% are European, mainly Spanish, Russian, Armenian, Polish, Hungarian and Yugoslavian 5 . However, wars and persecution do not fail to grow on other continents, including Africa and as far as multiply wars of liberation against the colonial powers: the history of the asylum here than meets the decolonization and the dimension of post-colonial of migration is 6 . The decade of the 1960s was marked by decolonization movements 7 who register on the international scene the newly released. In 1964, the Organization of African Unity decided to have its own convention on the rights of refugees. The High Commissioner for Refugees, saw his authority threatened to convene Bellagio , Italy, a acne treatment conference of experts to expand the scope of the Geneva Convention without the need for an international conference that would question the other terms of the agreement . An Additional Protocol is adopted, said, “Bellagio Protocol” or ” New York Protocol “, written in terms minimum and adopted almost without debate by the General Assembly of the United Nations in 1967: it removes the legal time reference section 1A2. But from that moment, most Western countries , began to proclaim the administrative closure of their borders 8 and in these countries, the rate of rejection of asylum applications are increasing exponentially following an upward trend that ‘they will follow up current maxima close to 100% in Europe 9 . Some refugees from Southeast Asia ( boat people ) or fleeing dictatorships in South America will be well received even in the 1970s. But even then, the rate of rejection of asylum applications of African origin will fly to reach their maximum current in the mid-1980s 10 . This dimension of post-colonial rejection of exile is central to subsequent developments 11 . Proclamation founder of the asylum, the Universal Declaration of Human Rights (1948) reputation management states that:Article 13 : 1) Everyone has the right to freedom of movement and residence within the borders of each state. 2) Everyone has the right to leave any country including his own, and return to his country.Article 14 : 1) from persecution, everyone has the right to seek and enjoy asylum in other countries. 2) This right may be invoked in the case of prosecutions genuinely arising from political crimes or from acts contrary to the purposes and principles of the United Nations.Product of its historical context and the primacy of state interests over those of refugees in the negotiations 12 , the Geneva Convention on Refugees (1951) does not define the right of asylum , but only the refugee and gives a restrictive definition, individual, selective … A definition of “case by case” 13 .This agreement does not develop one of two articles of the Universal Declaration of Human Rights (1948) relating to the subject: Article 14 of the asylum without Article 13 on freedom of movement, while it is a condition of possibility of the other (in the era of nation-states , there is often not possible without a refuge crossing an international border). This orientation produces an “asylum override” a philosophy of asylum designed as an exception to the border closure and organizing the selection of “real” refugees. In contrast , a different philosophy, which would have provided jointly develop the two sections 13 and 14 of the Declaration of Human Rights of 1948 would have resulted in an “asylum axiological” promoting open borders while helping symbolically (recognition of the case, political support. ..) and couette material (social policy, integration assistance …) victims of persecution 14 . The doctrine of asylum exception, involving the prima of state sovereignty and selective devices of derogation from closure of national borders, was that the UNHCR since its inception. But it is in the second half of the xx th century, the main ” organic intellectual collective “sector of forced migration, asylum and refugees. In most countries of the world without a right of asylum country, UNHCR is the main producer of principles of application of the cheap car insurance Convention of 28 July 1951 relating to the Status of Refugees which the original text is sketchy. The famous Handbook on Procedures and Criteria for Determining Refugee Status 15 published by UNHCR in 1979 and reissued in 1992 serves not only for the breviary UNHCR staff and state officials but also for the players association. Today the website of the UNHCR adds a wide range web hosting south africa of texts to fit the looks on Forced Migration 16 . This production function ideological is even stronger than it is an official mission of the organization and is legitimized in the eyes of the partner associations paleo and universities that are part of the UNHCR in harmony with him.This ideological osmosis is available in several ways 17 : in the legal field, UNHCR has considerable influence that marks most textbooks of public law , the magazines [A] , magazines ” Refugee Studies ” [B] , legal training [C] and HDMI switch the activities of lawyers in the asylum (including lawyers) [D] . In statistics, UNHCR is substituted for ” stateless “to the essential function of states as the main producers of statistics relating to civil society. It is in this case statistics relating to refugees in the world, their origins, travel, home situations, etc.. In the public debate the communication activity of UNHCR is a key “opinion leaders” in respect of associations and against journalists. Ideological osmosis between UNHCR and academic associations and then facilitates other types of exchange more material 18 and also the formation of political alliances, implicit or explicit especially during the political struggles surrounding the legislative reforms in this sector.If you are looking for comparison, text, all categories mentioned above, car insurance can fuel the other doctrine, that of the asylum axiological, or more specifically, all the texts providing a theoretical elaboration and strategic international freedom of movement, it is clear that the corpus so gathered is quantitatively small, almost nonexistent institutionally and politically marginal.In most countries rich enough to fund administrative and judicial bodies specializing in the examination of asylum applications, such as the Office for Refugees and the National Court of Asylum (CNDA) in France, UNHCR does not play longer a minor role non-existent in the selection of refugees under the Convention of 28 July 1951 on the Status of Refugees . However in other countries where it has a delegation to represent it and where national authorities are unable to provide this review, it is then the officials or contractors working for UNHCR that perform this selection, often with two successive instances but internal (first instance and appeal). These international agents reproduce while the mode of thought corresponding to the overriding right of asylum, based on Article 1 A 2 of the Convention 28 July 1951 on the Status of Refugees . In countries bordering the EU, as a result of policies called outsourcing of asylum rejection rates have risen rapidly in the 2000s, with the effect of advancing the time and place of rejection of the claim. The situation in Morocco illustrates this phenomenon 20 .However, in most parts of the world are held outflows, massive displacement of people fleeing war or persecution, UNHCR welcomes “refugees” without the individual examination of asylum applications. It defines what experts call “refugees prima facie “is to say the refugees identified on the basis of a philosophy other than the” asylum derogatory “and closer to the” right to axiological asylum. ” The vast majority of refugees worldwide, supported by UNHCR, fall into this category and is not legal yet a large majority … but only in poor countries that host populations in neighboring exodus. Indeed, the UNHCR does not have a fixed allocation from the UN, but grants that are awarded annually by national governments, those of rich countries 25 , which is dependent both politically and activities that for its own survival and that of the jobs of those working in it 26 . Each year, the UNHCR representatives in these countries have to follow and to negotiate the renewal of the grant awarded by each state in the international headquarters of UNHCR and the success or failure hangs over this crucial mission following the career each of these national Delegates later when requesting a promotion or transfer to another post.Grants cumulative European contributors (above countries and European Commission), represent almost half of UNHCR’s budget 27 . Europe forms a kind of shareholder whose dominance on the functioning of UNHCR is particularly the appointment of High Commissioners: Ten High Commissioners appointed since 1950, eight are from Europe (Netherlands, Switzerland, Switzerland, Denmark, Switzerland, Norway, Netherlands, Portugal), one Japanese and one Iranian. Appointment results in a real diplomatic ballet from the nominees from the capitals of major powers in the capitals of donor countries UNHCR to find the support needed for the nomination 28 . These are generally high commissioners of former political leaders or heads of government of their country and may retain certain modes of thought that were theirs in a previous office. The current High Commissioner, Antonio Guterres , and was a key leader of the Portuguese Socialist Party and Prime Minister marking the political history of Portugal. And its predecessor, Ruud Lubbers (High Commissioner from 2001 to 2005) he was not “a” Prime Minister of the Netherlands but the Dutch government leader who made ??the longer term (12 Wire Shelves years) Head of Government this country since 1945, making him a central player in the Dutch political ppi reclaim system.The views of States expressed wealthy donors in the UNHCR Executive Committee, which brings together states. The political influence of states seems highly indexed to the amount fast cash loans of donations they make, giving major donors a word stronger than others, and requiring UNHCR staff to hear the sensitivities that express themselves risk, conversely, to lose their financial support. François Crépeau 29 underlines the emergence in this context, in the late 1980s, conflating rhetorical refugees, asylum seekers and economic migrants, restricting freedom of movement and choice of destination of the exiles, justifying the repressive measures of countries funding the UNHCR.In this vast organization that is the UNHCR, the personal role of the High Commissioner is also important in two respects: it has a de facto near-monopoly official speaking and marks a strong public communication of the organization also his power of appointment to senior positions gives it significant power on the senior 23 . Opportunities implicit sanction of political attitudes within the organization are considerable, including career management, which creates risks as well as opportunities to be in a country far removed geographically and socially distressing.However, the UNHCR as an organization is meshed network of friendships and political or personal knowledge of the power struggles between these networks. These internal competition are underpinned by a particular political bipolarity of the organization between the willingness of states funders of UNHCR and the interest of exiles seeking protection. Two opposing camps so hushed within UNHCR. This cleavage is old and in the internal language, this difference in sensitivity is raised by calling someone “more protection-oriented” versus “somewhat directed donors.” The policy of UNHCR assistance is doubled, however, a control policy migrants 44 . The second part, more informal policy of UNHCR has become increasingly important in the 1990s 45 , UNHCR thus contributing to the development of the immigration policy of the European Union (EU), that ‘it accompanies in complex and ambiguous 23 . Thus, UNHCR substantially increases its presence in Morocco in 2004 , the year of the Hague Programme , which institutionalizes the EU policy of “outsourcing of asylum “initiated in the late 1990s 23 , 46 .Similarly, in 2002, after a meeting of the High Commissioner Ruud Lubbers with the British Home Minister David Blunkett , the UNHCR was to examine the applicant files a 1500 refugee camp Sangatte (mainly Afghans and Kurds ) and tie those to whom he would grant refugee status (estimating the number at “several hundred”), and those who rejected, should be returned to their country 47 .A true “government humanitarian” 23 , 3 , UNHCR, which is in partnership with 500 NGOs , helps fund 48 , has an ambiguous task. The intergovernmental agency itself is divided between those who are more “oriented protection” of refugees and those who are rather “on the donor side” 23 .In this context, the role of the High Commissioner, often an important national political figure, has a central importance, it is equipped with a power of appointment and transfer of senior officials of the agency. Ruud Lubbers , High Commissioner 2001 to 2005, and previously Prime Minister of the Netherlands on three occasions (1982 to 1994), has played a significant role in UNHCR’s policy on the eve of xxi th century 23 . His successor, Antonio Guterres , was also Prime Minister (Portugal) from 1995 to 2002. The importance of this function of the UNHCR, which has the power to allocate or not to migrants and ringtones for iphone displaced populations , the title and the UNHCR refugee card, says the emergence of manifestations of “standing” of the right Asylum for the institution directly. Thus, in Cairo ( Egypt ), where the UNHCR request to the Egyptian authorities to intervene to disperse demonstrators Sudan to the UNHCR office, which had not obtained the refugee card. This intervention of the police (6000 men) ended in the 30 December 2005 , by the death Medigap Plans of 27 people (including 5 children; official figures of Cairo) and 150 (according to representatives of the refugees) 3 . 635 other Sudanese migrants were placed on the same day in detention centers, and threatened with expulsion 49 .Similarly, in Kabul ( Afghanistan ), ten hunger strikers asked the UNHCR, in October 2005 , their regulation by the UN agency, it was partially obtained after the media coverage of their struggle 3 . Two months later, two of them try to s’ sacrifice to the UN headquarters after UNHCR ceased its assistance and refused their resettlement (installation in a third country) 3 .Similarly, in June 2003 , in Guinea , a manifestation of refugees from Sierra Leone , for UNHCR, claims to be recognized and supported by the Office 3 . It responds by requiring the “transfer” (his own words 3 ) refugees to camps 600 km , refusing to consider a refugee fails to comply with this order, which would become a legitimate target of the forces of order Guinea 3. The outsourcing of asylum, is a term commonly used among specialists designating an idea and corresponding public policy: granting asylum to exiles, but far and in places of internment camps or geographic areas of concentration, they can not easily leave to try to reach Europe 50 . The idea of “treat” asylum farthest from Europe in the region of origin of the exiles, is not new 51 . It appears in the work of the European Commission by the end of 2000 52 but still vague terms. The conceptualization was conducted by UNHCR after the arrival of the High Commissioner Ruud Lubbers: the High Commissioner at an informal Council ” Justice and Home Affairs “of the EU gives a speech in Copenhagen seminal conceptualizes” the external dimension European policy on asylum “and questions the Geneva Convention on Refugees of 1951, whose implementation was entrusted to UNHCR fifty years earlier. While recalling his role as “guardian of the 1951 Convention on Refugees,” he explicitly calls into question, saying “it is not enough” and want a different approach he calls “Convention Plus” 53 , 54 .In 2003, UNHCR published its “Proposal for a triple bottom line ‘ , which is divided into three areas 23 :”Regional approach” to improve opportunities in the region to return home those who have gone to extra-legal manner, while ensuring their protection;”National approach” improve national systems of asylum and return all those who are unsuccessful in their country of origin or the country of first asylum;”European approach” to improve the common policy of deportation of migrants who have filed Cell Phone Accessories applications “manifestly unfounded”, and pre-treating asylum applications in detention centers 23 .When the debate on outsourcing of asylum slowing, is still the UNHCR in January 2004, relaunching the debate publicly. In a statement to the JHA Council (Dublin 22.01.2004), Ruud Lubbers mentioned his fears about the risk of clogging of asylum procedures in the new countries joining the European Union due to the implementation of the Dublin Convention, which authorizes the referral of applicants to the first country of entry. To avoid this bottleneck, it offers not a modification of the Dublin Convention in a manner most favorable to asylum seekers, but the creation of “reception centers in Europe”, the establishment of a mechanism of “burden sharing “the establishment of a collective system of rapid transfer of people and progress towards a centralized system for processing asylum applications in the.”