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Non-Refoulement At Sea And Asylum Protection
Non-Refoulement At Sea And Asylum Protection
1. Introduction
Immigration of persons poses serious socioeconomic and political ramifications to the hosting nations, causing inherent attitudes of rejection of unauthorized and uncontrolled entry of persons across territorial borders. Most important factors of national security dominate reasons of denial of free entry of persons into a country. However, there are certain humanitarian situations that compel governments and citizens of the international community to hold human rights associated with mass movement of people with sensitivity that it deserves. Refusal of nations to grant asylum to any person in modern history is evidenced by he numerous treaties and conventions attempting to compel states to extend such acts of grace. The international law regarding human right such as protection and life envisages the probability of reluctance of states to admit persons into their territories on various grounds such as national security, particularly during this period when terrorism is on the increase. Intricate issues of crises in the human society such as wars and mass displacement raise humanitarian conditions that urgently need attention due to the direct and weighty matter of life threatening challenges forcing asylum seeking. The international community identifies the need for cooperation among countries for non-conventional immigration and admission of civilians facing life-threatening challenges from their home country. Despite the fact that the requirements of registration of mass asylum seekers appears to follow certain immigration formalities, the risks faced by such asylum seekers form the basis of admission as a matter of urgency.
The precipitating factors that caused widespread displacement of persons across the world included the world wars, and the United Nations General Assembly made the recognition of the humanitarian nature of this problem in 1946. Among the major resolutions to the effect of resolution of the refugee condition was Resolution 8 (I) that barred forceful return of displaced persons to their countries of origin after the war. The formation of the International Refugee Organization in 1946 is testament to the resolve and commitment of the world leadership at the UN. Its ambitious establishment brought important success in the recognition of refugee status as well as protection against hostility of various forms. However, its future faced the threats of the Cold War that ensued after the laying of the foundation of the United Nations. Its reinforcement came by way of stronger organs, agencies and policies at the helm of the United Nations Organization. Important strides towards such reinforcement are synonymous with the adoption of the Universal Declaration of Human Rights that strongly brought into light the challenges faced by the refugees and further provided ground for a legal regime to deal with protection of asylum seekers.
The international law dealing with treatment of refugees crossing into the territory of another state prescribes certain approaches, which are complex, particularly if the border in question involves crossing territorial waters. Human rights offices such as the United Nations High Commissioner for Refugees (UNHCR) dedicate a close monitoring and advocacy role in handling treatment of refugees when seeking asylum. The above briefly mentioned concepts highlight the principle of non-refoulement and asylum protection that major international conventions acknowledge and the following discourse attempts to highlight the involved perspectives in detail.
2. The Non-Refoulement Principle
General Application
Article 14 of the Universal Declaration of Human Rights includes the non-refoulement principle as among the non-derogable rights, which civilians must enjoy from world governments at all circumstances. Non-refoulement principle is the fundamental concept of international law binding world governments to ensure protection of civilians running away from aggression and persecution from their home country instead of turning them away to the harsh conditions. Article 14 of the Universal Declaration of Human Rights therefore provides assurance to refugees and asylum seekers of the dedication and commitment of the international community to uphold fundamental human rights to life. Among the main human life threats assured through the protection of asylum seekers, protection from torture, degrading treatment, cruelty and unjust punitive treatment among others. By forcing refugees and asylum seekers to retreat to such conditions, the authorities at the state borders would be violating international law and fundamental human rights as contained in the Universal Declaration of Human Rights. Sources of the non-refoulement principle and law are customary international law as well as the trucial law of the international community.
The beneficiaries of the legal expectation of the international community on the non-refoulement principle are refugees as identified under various international conventions and protocols. The determination of the refugee status raises complications to the observance of the principle particularly if little information or its unreliability concerning the influx of asylum seekers. National security threats from external aggressors posing as asylum seeking civilians raise concerns in the implementation of the implementation of the non-refoulement principle. However, the requirements of the legal provisions of the principle dictate that asylum seekers should remain at the hosting territory until reliably verified that the conditions of their place of origin hold no threat to their security. The subsequent allocation of status of the persons seeking accommodation under such circumstances as either refugees or asylum seekers follows initial stage of allowing entry into a safe environment before any deliberations. This follows the fact that illegal immigrants may opt to take advantage of protection of refugees and asylum seekers without the threshold of admission that considers life-threatening conditions from the place of origin.
Protection of all asylum seekers under the principle of non-refoulement is therefore not subject to the status of the persons at the earliest instance of entry since it is difficult to ascertain the authenticity of the threat claims. In the interval to the establishment of the refugee status of the entrants, authorities must comply with the provision of protection even if the determination proves otherwise. International legal procedures apply in the determination of the refugee or asylum seeker status of the applicant, to reveal the genuine position of the law that protects such people from aggression from their place of origin. Protection of persons citing threats such as war or civil strife under the circumstances captured in the non-refoulement principle therefore entails a standardized humanitarian approach prescribed by the international community for purposes of complying with human rights.
Non-Refoulement at Sea
International law guidelines in the treatment of territorial waters and the intrusion likely to emerge from unlawful entry of vessels provide for the jurisdictions as contained in United Nations Conference on the Law of the Sea (UNCLOS). Territorial waters within which the jurisdiction of the asylum nation falls includes the 12 nautical miles portion of sea from the shore (UNCLOS II) and another 200 nautical miles, which were later, added during the 1973 deliberations of UNCLOS III. Considering the timelines of implementation of the UNCLOS resolutions as well as the mandate of the UNHCR, jurisdiction over irregular entry of persons into territorial waters changed. Prevention of entry of illegal immigrant vessels can be enforced however, if the contract state has reasons to believe that its security is at stake from entry of the passengers in the vessel. Under the circumstances that the irregular entry of the vessel is due to asylum seeking reasons, the asylum country is bound by article 31 of the Refugee Convention of 1951 to provide protection of the passengers. As highlighted above, the right to life and other freedoms from hostility experienced in the country of origin precede any territorial integrity interests that the asylum country would want to protect. The first state where the refugee vessel arrives while running away from persecution and hostility has the responsibility under international law to protect asylum seekers against the conventional territorial waters regulations as outlined under UNCLOS. The concept of territorial asylum under such a setting places the burden of protecting persons fleeing from life threatening conditions in their home country by the first state where they seek refuge without being turned away.
2.1 The Principle of Non-Refoulement in the 1951 Refugee Convention
As mentioned above, the UN’s commitment to provide protection for the refugees was a process that began after widespread displacement of people following the WWII. Since the IRO found pressure from the Cold War, the General Assembly resolved to introduce its replacement with a subsidiary organ having more mandate and capacity to confront the challenges posed by the tensions in the cold War. The UNHCR came into existence and ready for operations commencing on 1 January 1951, initially with a three-year mandate, then extended to a five-year renewable mandate, which eventually took a permanent status when revised in 2003. The teething challenge of refugees over the life of the UNHCR caused such long-term redesign of the UN’s policy and agency approach to the problem. Among the major provisions of the 1951 Convention Relating to the Status of Refugees, the High Commissioner’s mandate in discharging protector roles to the refugees at the international level dominates the convention. Alternatively, the functions of the High Commissioner in offering cooperating to the affected governments to deal with refugee problems appear.
Despite the fact that the non-refoulement concept adopted in the drafting of the 1951 Convention Relating to the Status of Refugees is clear in the definition of the obligations of states in offering protection to refugees, it is not clear who qualify to be refugees. In Articles 31 and 33, persons qualifying for protection as refugees in the 1951 Convention Relating to the Status of Refugees must face or expect to face life-threatening situations in their countries. It is therefore correct to state that the ambiguity in the definition of the classes of individuals facing threats to warrant refugee protection must have posed serious implementation challenges to the 1951 Convention. The form of persecution that the 1951 Convention Relating to the Status of Refugees proposed was not clear in definition, thereby making it difficult for countries to identify the real refugees in genuine need of protection.
In the non-refoulement principle of 1951, Convention Relating to the Status of Refugees as contained in Article 33, the definition of the circumstances under which involved protection benefits would qualify stand out. Free acceptance of entry of individuals freeing hostility was adopted except in the circumstances when such individuals posed serious security threats to the hosting country or was running away from criminal liability in the country of origin. However, the revelation of the threat posed by the person posing as a refugee did not warrant sending back to the country of origin or to any other country as envisaged in the 1951 convention. Such sending back to possible threat to the lives of the asylum seekers formed the non-refoulement concept for refugees’ protection, despite the revision needs as witnessed later in other versions of refugee protection Conventions. Under such circumstances of entry, the 1951 Convention Relating to the Status of Refugees provides for waiver of punishment from the illegal entry in to the host country. Alternatively, the Convention provides for the freedom from expulsion of individuals in such irregular entry, by virtue of the risks to life experienced from the country of origin. Article 9 provides that exceptional steps may however come into force in exercise of national security practices when such persons present undoubted risks to national security.
2.2 The 1967 Protocol
Modifications to the 1951 Convention by the 1967 Protocol occurred when a colloquium consisted of 13 international law professionals convened in Bellagio, Italy for review of the 1951 document. A unanimous declaration favoured retention of the original document other than overhauling it, but led to certain amendments and additions. A major provision of the Protocol targeted the conspicuous non-compliance and failure for ratification based on various presumed legal complexities. The Protocol undertook to eliminate the complexities by making reservations where member states could enforce its provisions exceptionally through circumventing strict ratification engagement. Despite the fact that the interpretation and application of the Protocol appears like an annexure to the 1951 Convention, it is largely an independent document making reliance on much of the content of the Convention. As an illustration of the independence in the provisions of the two documents, certain member states acceded to both of them while not all of them ratified the 1951 Convention.
The Protocol introduces certain definition attributes not contained in the 1951 Convention such as with regard to the genuine reason that requires recognition under asylum protection. “Well founded” threshold for the determination of the threat of persecution faced by asylum seekers in their home country is a standard that the Protocol introduces. As such, the definition of appropriate definition of genuine refuge and asylum seekers eliminates the ambiguity existing in the 1951 version.
Other Legal Regimes
International
i) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
Article 3 of the CAT reiterates the need for the international community to embrace protection of helpless persons running away from persecution by offering hospitality on humanitarian grounds.
ii) International Covenant on Civil and Political Rights (ICCPR) of 1966
In Article 7 of the ICCPR, similar provisions of requirement of international community to offer accommodation and protection to asylum seekers and refugees are provided.
iii) Fourth Geneva Convention relative to the Protection of Civilian Persons in Times of War
The 1949 Geneva Convention relative to the Protection of Civilian Persons in Times of War resolved to provide for prohibition of transfer of persons running away from their home country for fear of persecution on political or religious positions.
Regional
iv) European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)
The 1950 ECHR dedicates Article 3 to dealing with non-refoulement of asylum seekers in Europe on grounds of human rights protecting individuals against persecution in their home country.
v) American Convention on Human Rights (ACHR)
1969 version of the ACHR has Article 22(8) also recognizes the right of persons to protection by the asylum state against persecution and hostility that they run away from.
vi) African Charter in the Protection of Human and People’s Rights
The Bajul Charter of the African continent’s governments contains the resolve to discourage transfer of asylum seekers back to a hostile home environment.
3. The Obligations of the Principle of Non-Refoulement
Under the principle of non-refoulement, every asylum state has the obligation of giving entry for asylum and refuge seekers as a matter of urgency. Despite the concerns of asylum seekers potentially disguising their identity thereby posing threats to national security of the host country, the non-refoulement principle dictates that outright rejection of entry by such people is prohibited. The initial step in such circumstances is considering the urgency of the matter of life and death posed by the stay in country of origin and mitigating possible life loss from such risks. The least expectation of the treatment of refugees in dire need of being saved from persecution is temporary accommodation pending verification of the refugee status. Determination of the genuineness of the request for refuge or asylum follows the admission of the persons using certain laid down procedures.
Provision of protection to the persons seeking asylum against possible hostility in the asylum country is also a clear mandate dictated by international law. Protection against possible internal and external aggression must be provided to the asylum seekers by the government of the asylum country. In light of the conditions under which refugees and other homeless asylum seekers experience at the point of entry, several other threats face them, maybe even risky than what they could be running away from. It is the obligation of the host nation to ensure that internal threats against the survival of the asylum seekers do not endanger their stay.
3.1 Rescue and Search at Sea
Whereas irregular navigation of other nations’ territorial waters is prohibited by most international laws such as UNCLOS, there are regulations under the same laws with regard to treatment of persons sailing in the sea and in need of any kind of assistance. Article 98 of UNCLOS specifically highlights the approaches to be engaged in handling situations where passengers and crew of vessels sailing with clear flag identification are in danger. Lost persons must be assisted to find their way as provided for in sea conventions. UNCLOS also provides for the expeditious rescue of passengers and crew in distress when called upon to offer such assistance. Alternatively, masters of ships are required to provide details of the vessels when involved in accidents such as collisions. Under such circumstances, the life of persons facing forms of danger while in the sea must be secured as expeditiously as possible, irrespective of the legality of their entry into territorial waters since factors such as getting lost also come into consideration.
Further provisions on the treatment of persons under distress in sea are outlined in 1974 Convention for the Safety of Life at Sea (SOLAS), 1979 International Convention on Maritime Search and Rescue (SAR Convention) and 1989 International Convention on Salvage. These conventions contain provisions to the effect that the masters of ships are required to provide assistance to vessels facing danger in the sea, without endangering their vessels and the lives of other persons boarding them. To strengthen the requirement of the rescue requirements, these provisions provide that nations must provide measures that would make it necessary to make rescues in such instances. The requirement of assistance and rescue of persons facing distress state that the contracting governments must undertake all measures within their reach to save lives in such situations with minimum disruption of the intended voyage and thereafter ensure disembarkation soonest possible when sure that lives are not in danger.
3.2 Interception on the High Seas
International law allows states to intercept and interdict vessels navigating outside their territorial waters when suspected and unidentified, usually by lack of nationality or flag. This privilege originates from the right of visitation of high seas to counter criminal practices where naval personnel can invoke international law to pursue such vessels outside the conventional territorial waters. Such interception practices may also target a vessel infringing on international identification requirement by flying more than one flag. In terms of the treatment of the intercepted vessels, non-refoulement privileges are not applicable and the captured vessel can be sent back to the port of origin. This is partly due to the fact that the intercepted vessel violates international laws of navigation and there is no immediate danger from the circumstances of the interception. In the application of the term refouler (repel), in international law interpretation, it is effectively replaced with return in the case of interception, which is thereby not bound by rules of non-refoulement.
4. Exceptions to Non-Refoulement Principle
When persons presumed guilty of certain crimes in their countries of origin are identified at the point of entry seeking refuge, countries offering asylum have a right to circumvent the non-refoulement requirements. The reason of denial of refugee status to such individuals is posing a threat o national security. Additionally, it is possible in cases where the presence of certain persons in the asylum country would disrupt public order, enabling governments to find grounds for denial of non-refoulement privileges. Alternatively, governments may cite certain justifications from extreme cases of necessity to respond in a particular manner defying non-refoulement. There are standards of measure of the extremity of the cited necessity, which must be demonstrated to the international community in order to allow a country to suspend non-refoulement compliance. As an illustration, it must be demonstrated that the case has essential interest in light of national matters, which would otherwise result in a grave and imminent peril. Mass influx can be applied as grounds to invoke suspension of non-refoulement compliance since threats such as environmental damage, economic instability and social crises arise in sudden increase in population figures.
5. Conclusion
The principle of non-refoulement forms the foundation of refugees’ and asylum seekers’ accommodation and protection across the world. It would be difficult for refugee programs to remain functional without an international regime controlling how humanitarian crises such as mass displacement of people are handled. The origin of the principle of non-refoulement traces back to the World War II, which witnessed unprecedented levels of displacement and relocation in search of refuge, with their home countries highly compromised in war torn regions around the world, particularly in Europe. United Nations efforts over the years recognized the humanitarian crisis and introduced the legal regulations that would handle the delicate situation.
Among the most celebrated principle in various international legal regimes is non-refoulement, which prohibits repulsion of asylum seekers and refugees thereby preventing exposing them to the hostile environment from which they could be running. As a foundation for humanitarian requirement in various international refugee protection legal regimes, non-refoulement captures basic human rights and freedoms as contained in the Article 14 of the Universal Declaration of Human Rights. Arising perspectives of treatment of foreigners in need of assistance in the sea also relate with the principle of non-refoulement, where danger in the vessel boarded ought to be cleared at all costs irrespective of legality issues of navigation. Search and rescue operations are therefore based on the need to save lives before the legality of the navigation of territorial waters, just as non-refoulement admits refugees before determining the legal status of entry. A few exceptions however hinder the complete compliance with the provisions of non-refoulement, with national security dominating excuses given in the modern society ravaged by terrorism risks.
Bibliography
von Bogdandy, A. & Wolfrum, R. “The Principle of Non-Refoulement at Sea and the Effectiveness of Asylum Protection,” Max Planck Yearbook of the United Nations Law, 12, (2008):205-246.
UNHCR “UNHCR Note on the Principle of Non-Refoulement,” UN, last updated 19 April 2012, HYPERLINK “http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=438c6d972” http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=438c6d972
Guy, S. Goodwill-Gill “Conventions Relating to the Status of Refugees & Protocol Relating to the Status of Refugees,” 2008, Audiovisual Library of International Law, HYPERLINK “http://untreaty.un.org/cod/avl/ha/prsr/prsr.html” http://untreaty.un.org/cod/avl/ha/prsr/prsr.html
UN, “UNCLOS” UN, 2012, HYPERLINK “http://www.un.org/Depts/los/convention_agreements/texts/unclos/unclos_e.pdf” http://www.un.org/Depts/los/convention_agreements/texts/unclos/unclos_e.pdf
Messineo, Francesco “Non-Refoulement Obligations in Public International Law: Towards a New Protection Status?” Research Companion to Migration Theory and Policy, 2011
Allain, J. “The jus cogens Nature of Non-Refoulement‟, International Journal of Refugee Law, 13(2001):33-558
Gallagher, A. “Human Rights and the New UN Protocols on Trafficking and Migrant Smuggling: A Preliminary Analysis,” Human Rights Quarterly, 23, no. 4 (November 2001): 975-1004
McAdam, J., Complementary Protection in International Refugee Law (Oxford: Oxford University Press, 2007)
Tejera, Arcado Diaz. “The Interception and Rescue of Asylum Seekers, Refugees and Irregular Immigrants,” EU, 2011
Jessica Rodger, “Defining the Parameters of the Non-Refoulement Principle,” Victoria University of Wellington, 2001, HYPERLINK “http://www.refugee.org.nz/JessicaR.htm#17” http://www.refugee.org.nz/JessicaR.htm#17
Rutinwa Bonaventure, “Beyond Durable Solutions: An Appraisal of the New Proposals for Prevention and Solution of the Refugee Crisis in the Great Lakes Region,” Journal of Refugee Studies, 9 (1996): 312-316
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Quality of Service use in Networking
Quality of Service use in Networking
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Quality of service is a measure of service availability and transmission quality of a network or internetworks. Among the fundamentals of quality of service foundation, is the service availability. The network infrastructure must be available in plenty before successfully implementing quality of service. The transmission quality in the network is determined by loss, delay, and delay variation. Loss is a function of availability that shows the measure of packet numbers not received as compared to the sum of the number of packets transmitted. High-network availability leads to zero loss during non-congestion periods. During congestion, quality of service mechanisms determines the packets that are suitable to be selectively dropped in order to alleviate the congestion. While delay is the finite time a packet takes to reach the destination point after initial transmission from the send-point, delay variation is the difference in the end-to-end delay between packages.
In a network, human and technical factors affect the quality of service. Among the human factors are stability of service, user information, delays, and availability of service. Technical factors that affect quality of service include reliability, grade of service, effectiveness, scalability, and maintainability (Ranakrishman, 2008). Active and quality QoS management is important in networks as it is the key strategy for keeping networks in many companies responsive as well as productive. It also ensures that bandwidth is prioritized at the individual application level so that all the users receive the bandwidth they require in order to accomplish the business daily work. With QoS, an enterprise can monitor an organization’s needs from a central position by shaping and controlling traffic as it enters the central location, whether from the network or the internet- and balance between business-centered traffic and less important of personal traffic.
Each destination point in a Voice over Internet Protocol (VoIP) conversation uses a delay variation buffer in order to smoothen out the changes in the arrival time of voice data packets. The buffering in time might lead to overruns and under runs those results in an audible degradation of call quality. Quality of service makes it able to prioritize different applications, data-flows, or users. It also guarantees a level of performance to a data flow in network traffic. Quality of service is important, as people use it in the advanced technologies to allow computer networks to be of the same use as telephones networks i.e. for audio conversations, and supporting new applications that contain stricter service demands. It works to send prioritized information using the shortest time possible without losing any data. In digital networks, data loss leads to a loss in packets and disconnection.
A service is identified before it is provided to certain traffic. In addition to that, the packet may or may not be marked. These two tasks (identification and marking) make up classification. When someone identifies an unmarked packet, it is said that classification is on a per-hop basis. It happens with priority queuing and custom queuing. Flows are commonly identified by methods such as Access Control Lists, policy-based routing, Committed Access Rate, and Network Based Application Recognition.
It is very important to configure quality of service in the network because it provides a communication network, which is the backbone of any successful enterprise. These networks transport multiple and accurate data and hence should be measurable, predictable, and must guarantee services by managing bandwidth, jitter, delay, and loss parameters on an operational network. Quality of service offers preference to applications from network devices, in a way, that the quality of the data is not degraded to the point of becoming useless. Enterprises use quality of service tools to protect desirable traffic and providing differential service to the unwanted traffic e.g. propagation of worms.
An example of quality of service in use over a network is its’ application in streaming media. It refers to using quality of service to transmit multimedia to an end-user while at the same time the provider receives the feedback. A client can play the data e.g. recorded videos before transmitting the whole file. It is important to distinguish the delivery method from the media distributed applies especially to telecommunications network, as other delivery systems inherently stream e.g. radio or inherently non-stream e.g. video cassettes, and audio Cds. An example of an available and current streaming media is- internet television. It does not only have to be video applications as streaming text include audio voice such as live close captioning, and real-time text. Among the most applied use of the streaming concept are long video lectures, performed ‘online’ on the internet. A notable advantage of the presentation is the size of the presentation as they are occasionally very long, although people can interrupt or repeat arbitrary places.
Advancing in the computer networking field and powerful operating systems has made streaming media so practical and affordable for anyone. Today, the media streaming is done live or on demand. Live streaming involves sending the data to the recipient device without having to save it to the hard disk. On demand streams are saved on disks or file for an extended time while the only time for a live stream is strictly at one time e.g. during a football game (Grant and Meadows, 2009). People are increasingly using streaming media for social business and e-learning (Scott, 2013).
Among the situations when use of quality of service is helpful is its’ use at the Oracle database management. Many commercial enterprises consolidate and standardize their data center computer systems. They run many applications on clustered databases instead of using the individual servers for each application. Migration of applications into the internet brings up another problem of an open-workload management. The problem causes applications to fail, which is caused by demand surges.
An oracle database QoS management (Quality of service management) is an automated, policy-based product that ‘supervises’ the workloads requests in the whole system. It manages the resources shared by applications and configures the system so that the applications keep running at the needed performance level by the business. Oracle database QoS monitors the performance of every work request on the target system. By accurately measuring the time to complete a task and the response time, oracle database QoS management quickly detects bottlenecks in the system.In a situation whereby there are no sufficient resources to meet the demand, the systems attempt to satisfy more critical business performance requirements at the expense of the less critical performance requirements. The Oracle Database Quality of Service Management helps resolve problems quickly when the response time of the applications is within acceptable levels. Oracle database QoS management reduces the time and expertise requirements for system personnel that manage Oracle Real Application Clusters resources as well as helping reducing the performance outages. In addition, it helps manage the resources shared by an application in a cluster and enables identification and resolving of performance bottlenecks. These systems do not seek to make applications faster, but rather to remove the obstacle preventing the application from running at their set performance levels.
References
Yuksel, M, :Ramakrishman, K: Kalyamaraman. (2008). “Value of supporting class of service in IP Backbones” (pdf). IEE International Workshop on Quality of Service. Evanston, IL, USA. P.109-113.
Grant and Meadows. (2009). Communication Technology Update and Fundamentals 11th Edition p. 115
Kellner, S, (2013). “The Immediate Future of Webcasting ”. INXPO. Retrieved 29/July/2014.
History and Political Science, North Atlantic Treaty Organization
History and Political Science, North Atlantic Treaty Organization
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North Atlantic Treaty Organization was formed on 4 April 1949 as an alliance to stand against the Soviet Union who were strong in number and therefore could only be fought by the Western. According to the agreement, if a non-NATO country would attack any of the member countries all the NATO members would get involved in the war to stop the threat. NATO is led by the United States and is comprised of most of the western European nations as well as Canada who came together as a defensive alliance to fight probable Soviet aggression. It is apparent that NATO was initially formed to counter the communist East and the member countries agreed a mutual defense in response to any form of external attack thus making it a foundation stone for larger pan-European security architecture. Currently, NATO plays vital role in consolidating democracy and stability in Europe by enforcing peace and acting as a coherent international response. NATO has changed their mission which is extension of peace through strategic projection of security.
The European Union was formed to foster political and economic integration of European countries meaning that its dynamism and success spring from its involvement in economics. It was meant to create a united European market to facilitate trade and to expand the economy and this has extended the creation of the Euro and the European central bank. The main intention of the Euro was to come up with a currency that rivals the dollar. The European Union was created for economic reasons and the member countries are required to follow certain rules that unite their markets. Currently, it promotes human rights and equality both internally and globally as well as promoting transparency and democracy amongst its institutions.
The difference between the Sunni Muslims who are the minority and the Shiite Muslim who are he Muslim majority has never been settled particularly the atrocity directed towards the Shiite and the Kurdish. The religious and ethnic diversity in Iraq poses a great challenge to her democracy. Seventy five percent of Iraqi population is Arabs while 25% Kurd who want to establish an Islamic state like the one in Iran. Moreover, the Shiites tend to support a secular state while the Sunnis who are interested in reestablishing Baath Party rule. It is obvious that there is a deep seated dispute and ideological differences amongst the different groups. The bordering countries are also largely influencing the country’s ability to achieve democracy such as Iran that has sent Shiite agents in Iraq to promote development of an Islamic state and Syria that is thought to be supporting terrorist organizations.
Iraq should adopt laws and constitution that separates the government and the religious groups. There need to be a governing institution that respects and creates stable security environment, a constitution with a bill of rights, and an independent judiciary. Moreover, there should be a great focus on the significance of consultation in the administrative issues. All the ethnic and religious groups need to be consulted and consensus developed in governance issues while the rulers operate within some kind of law.