Course Syllabus

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Fleeing Across Borders:

An Introduction to International Refugee Law

Fall 2017

Location: Copenhagen

Credits: 3

Major Disciplines: Human Rights, International Relations, Legal Studies

Faculty: Claus Juul
Program Director: Iben De Neergaard, idn@dis.dk
Assistant Program Director: Nya Oxfeldt Jensen, noj@dis.dk
Program Assistant: Holly Querin: hqu@dis.dk 

Tuesdays and Fridays, 11:40 AM – 13:00

Location: F24-306

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Figure 1, Copyright: Bettina Normann Petersen

Description of course:

 

Right now, as you are reading this, men, women and children are fleeing Syria, Somalia, South Sudan, Yemen, Afghanistan and other places of war,conflict and persecution. Denmark has undertaken a responsibility to receive and accept refugees who flee their home pursuant to a series of international agreements – conventions – that Denmark has signed along with many other countries. Countries like Denmark, Norway and, in particular, Sweden are known for their humanitarian views and practices -  and fair and equal societies, and many of the refugees hope to reach the Nordic borders.

This course will give you an overview and understanding of the international migration and refugee situation and the applicable international regulation. The course will also give you the ability to explain, analyze and apply regulations regarding the rigths of refugees, and the protection of internally displaced persons and asylum seekers.

The course will address the need of international protection, the asylum process and the protection rendered to rejected asylum seekers against torture or other violations of international human rights regulations.

During the course we shall also discuss and analyse the way the refugee situation is addressed in the media, by national regulation and by international NGO's. We shall address human traficking, the route of fleeing, who is able to flee and who is left behind, and, lastly, how should those left behind be helped.

The course will begin with an introduction to international human rights law, such as the International Declaration of Human Rights of 1949 and the European Human Rights Convention, since human rights play a significant role in the classification of asylum seekers,and/or refugee rights. An introduction to what is called the “legal method” or “legal assessment”. An introduction to how to “think as a lawyer” will be given as well.

Class activities include: Group presentations, teaching from the white board, group discussions, guest speakers, e.g. asylum seekers and a visit to an NGO and, if possible, an asylum center.

Learning objectives of the course:

By the end of the course you will be able to:

  • Identify and explain the applicable body of international regulation
  • Reflect on the dilemma of empathies and and apathy; the wish to help vis á vis the number of people in need
  • Analyse and reflect on how the subject is addressed by the media, the politicians and society
  • Analyse and reflect on who should be granted asylum, and whether for instance a homosexual, a convert, and a girl in fear of mutilation should be granted asylum
  • Explain, analyse and discuss the UN Convention on Refugees (1951), the UNHCR recommendations, the role of the International Red Cross and the European Court of Human Rights and the specific regulation on refugees within the European Union
  • Explain and use the relevant legal regulations on specific cases.

Instructor

Claus Juul holds a master of law degree from the University of Copenhagen, Denmark. He has worked in the Ministry of Social Affairs, the Ministry of Justice and the Ministry of Interior Affairs. In the two latter, he worked with refugee law. Furthermore he has worked with as series of NGO's: the Documentation and Advisory Centre on Racial Discriminaton and the Danish Refugee Council,  before coming to Amnesty International, where he works as a senior legal advisor, where he works with human rights issues, including refugees and asylum issues. 

Claus Juul has been a member of the Refugee Appeals Board for two periods (the appeals instance in asylum cases), firstly for the Ministry of Interior Affairs, and later as a member recommended by the Danish Refugee Council.  

Course Components

Required texts:

The required readings for this course will be found on the Canvas forum or handed out in class. Additional readings will beselected as the course progresses based on your interest and current events.

Approach to teaching

I take great interest in the my field of work which over the years have touched upon most of the issues addressed at this course – and probably even more so in my current position with Amnesty International. I focus particularly on critical thinking and testing of one's general assumptions and prejudices, as well as critical testing of the validity of our sources of knowledge.

Even though an understanding of iternational regulation is essential, my teaching will focus on a practical approach to the field. I shall include relevant cases, political issues in Denmark, Europe and USA on refugees and different international armed conflicts such as Syria. I shall at all times encourage class room discussions and I shall ask a lot of “what if”-questions that I expect you to offer an answer to.

Expectations of the students:

I expect you to have done the reading for each class and to come prepared and with notes and questions for me and for the other students. This will give us material to generate conversation and to discuss the aim of the regulations and their effects..

I expect you to participate in classroo discussions and take an active part in creating a sincere, interesting and safe classroom environment where different perspectives are presented and discussed openly and without prejudice.

Once during the semester you will do a presentation in class, alone or together with another student/or students, which you or/and the group have prepared outside of class.

Field studies and guest lectures:

We hope to visit an asylum center near Copenhagen where we shall meet people working with refugees and hopefully we shall also be able to talk to asylum seekers. We shall also have guest speakers from e.g. the Center against Torture, Red Cross Denmark, The Refugee Council and/or The Danish Institute for Human Rights.

Assignments and evaluation:

Evaluation:

I shall evaluate your work during the semester based upon your engaged classroom participation, your presentation of relevant assignments, the midterm paper and lastly, the final paper.

Attendance in all classes, class debates and participation in the visits out of class are all mandatory. You are required to come to class on time, be well prepared and to take an active part in discussions and presentations. Good class participation is  not the same as “talking the most”; but rather a measure of each student's contribution to our shared learning experience.

The quality of each student's work on group activities will be considered as part of the class participation grade. In other words, it will not be enough to “be there” for class or at group activities; you must be a productive participant in the process and your work must contribute significantly to the finalproject.

I return written assignments on Canvas – but upon request, I shall an individual feedback.

Assignments:

Presentation  in class

You will do a presentation in class of 15-20 minutes (max 5 minutes per person in the group).

The presentation can be done alone or in groups (max 4 persons pr group).

 Firstly, the presentation must contain a presentation of part of the required reading emphasising the main points and the theory to remember – including two or three questions to be answered in class. Secondly, the presentation should present a case or a topic that links up to the initial theoretic points.

Midterm paper

Each of you (not in groups) must hand in a short midterm paper (min. 3 pages and max 5 pages (900-1500 words). You may choose between two issues, but I must approve your choice and your outline for the paper no later than September 26, 2017.

The midterm paper shall be handed in no later than October 17, 2017 at the start of the class. The paper must be handed in by email to Clausjuul41@hotmail.com or uploaded on Canvas. 

  • The paper should be based on an interview with a person working in or affected by the related field. I shall help you find a topic, but the best paper is always based on your own interest. Examples of topics or a frame for the interview could be “the route the person took when fleeing”, the impact of waiting in an asylum center while the asylum application is being processed” or “the access to legal assistance during the asylum procedure”. In the interviews you must include the person's background (country, gender, age, education, job), ask some open-ended questions in order to get a deeper understanding of the interviewee and to get some useful quotes. Even though your paper is based upon an interview, the paper must include more. Firstly, you should come well prepared which means that you should make some research before the interview. Secondly, you have to question the statements made by the person you are interviewing. They may not be “the truth”. So, be prepared to challenge their statements. And, finally, you must put the interview into context. E.g. compare it with the statistics you have found, news article or the like.

 Lastly, you must include theirs and your opinions or recommendations for action.

You may also choose to write a midterm paper based upon. 

  • An asylum case where I shall fix the facts of the cases. This paper must address the relevant theory, the facts of the case and needed background information about theory and the home country of the refugee, and you must also decide the outcome of the asylum application. Before you embark in the work with such a case, I shall have introduced a number of cases in class addressing the issues required for you to include in your paper. A maximum of seven students can choose this option. 

Both papers must have an academic perspective and should include facts and theory. 

Final paper – legal in its core 

Your final paper is due no later than Tuesday, December 5, 2017. The final paper must be of no less than 7 pages (maximum of 15 pages) (2250-4500 words)) and must be written individually. 

The outline of the paper must be approved no later than Tuesday, November 28, 2017. The final paper must include a legal perspective on a given situation – e.g. a thesis or a refugee situation, where you challenge the theory, use case law and suggest improvements. I shall guide you in your selection of a topic and on the structure of the paper. When writing the paper, you are asked to do the following: 

  1. Introduce the paper and how you plan to proceed.
  2. Address the legal challenge of a topic using readings from class, the field study, the interview, research and other relevant material.
  3. Make your recommendation and provide reasons for it. Address the obstacles or kinds of oppositions your proposal might face.
  4. Remember to include a list of texts you rely on – preferably in foonotes.

When writing, remember to avoid idiosyncracy and un-argumented bias. Be prepared to “kill your darlings”. Write the paper as if you were writing to a DIS peer outside the program. Use your own words to describe a technical or legal terms when needed.

And be aware – this is a legal paper, not an essay or an opinion, but a legal analysis of a given situation/or thesis.

Grading

To be eligible for a passing grade in this class you must complete all of the assigned work, and grading will be based on the following:

Engaged classroom participation(25%)

Your presentation of a relevant issue or case and reguired readings (15%)

Midterm paper (25%)

Final paper (35%)

Grades will be uploaded to the Grade Center on Canvas.

Disability and resource statement:

Any student who has a need for accommodation based on the impact of disability should contact the Office of Academic Support (acadsupp@dis.dk) to coordinate this. In  order to receive accommodations, students should inform the instructor of approved DIS accommodations within the first two weeks of classes.

Attendance

You are expected to attend all DIS classes when scheduled. If you miss a class for any reason, please contact the faculty no later than the day of the missed class. If you miss multiple classes the Director of Teaching and Learning, and the Director of Student Affairs will be notfied and they will follow-up with you to make sure that all is well. Asences will jeopardize your grade and your standing at DIS. Allowances will be made in cases of illness, but in the case of multiple absences you will need to provide a doctor's note. Absence due to travel outside the planned trips/travel breaks will not be accepted as reason for absence.

Academic honesty: Plagiarism and violating the rules of an assignment

DIS expects that students abide by the highest standards of intellectual honesty in all adacemic work. DIS assumes that all students do their own work and credit all work or thought taken from others. Academic dishonesty will result in a final course grade of “F” and can result in dismissal. The students' home universities will be notified. DIS reserves the right to request that written student assignments be turned in electronic form for submission to plagiarism detection software.  See the Academic Handbook for more information, or ask your instructor if you have questions.

Policies on late papers:

Papers should be submitted at the beginning of class on the due date, even if the student is absent for full marks.

Late papers will be accepted within one week after the fixed date, but half a point will be subtracted from your grade for the paper for each day it is late. Papers will not be accepted after the one extra week, and your grade for the course will be reduced with the percentage mentioned above. If you choose not to hand in a paper, it will be graded with an F.

Policies on late arrival for class:

You are expected to arrive punctually for all classes, and late arrival will not be accepted, since it disturbs the class and can be seen as disrespect of your fellow students. Should you arrive late, you must wait for the break/the door is opened before you can enter the classroom. If needed, the door will be locked when the class starts. Continuous lateness will affect your grades and in particular your participation grade.

Use of laptops and phones in class:

Phones have to be turned off during class and texting, use of Facebook etc. during class will have a negative impact on your participation grade. If a phone does ring or a text is received (with a tone signal) during class the responsible party is expected to bring cake/snack to class. This of course to the instructor as well.

Laptops/tablets can only be used for groupwork and notes – not social media – during teaching.

Students must turn in all work in order to receive a passing grade for the course.

Readings:

  • The History of UNHCR
  • UNHCRs “Handbook on Procedures and Criteria for determining Refugee Status”.
  • “Indeed why? Thoughts on the reasons and motivations for protecting refugees”, by Boldizsár Nagy, printed in “Protecting the Rights of others”, DJØF Publishing, 2013.
  • UNHCRs Guidelines on International Protection No. 4: “Internal Flight or Relocation Alternative”.
  • UNCHRs Guidelines on International Protection No. 5: “Application of the Exclusion Clauses”
  • UNHCRs Guidelines on International Protection No. 7: “ Protection to trafficked persons”
  • UNHCRs Handbook on Protection of Internally Displayed Persons, page 1-41.
  • “The Protection of Asylum-Seekers and Refugees Rescued at Sea”, by T. Alexander Aleinikoff & Vincent Chetail, in Migration and International legal norms, T-M-C Asser Press, 2003.
  • “Freedom of movement and transnational migrations in a human right perspective”, by Vincent Chetail, in Migration and International legal norms, T-M-C Asser Press, 2003.
  • UNCHRs “Irregular Migration by Sea: Frequently asked questions”, May 28, 2009.
  • ”Combating Torture, A Manual for Judges and Prosecutors, by Conor Foley
  • ECRE’s paper on the Dublin Convention:

http://www.ecre.org/topics/areas-of-work/protection-in-europe/10-dublin-regulation.html

  • European Commissions introduction to the Schengen Regulation:

   http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/index_en.htm

Course Summary:

Date Details Due