The Right to be (Un)Seen - Means for Enactment of Human Rights in Situations of Encampment

Abstract: The implementation of iris scan technology in the context of humanitarian financial assistance in UNHCR-run refugee camps raises an array of legal questions. While the collection and storage of biometrical data in other contexts is often accompanied by a critical discussion about data protection and privacy concerns, the use of such data in humanitarian settings is often left uncontested. The in-depth legal doctrinal as well as socio-legal analysis conducted in this thesis shows that the normative framework in place is significantly fragmented. In this legally blurred environment, using the concept of a right to have rights coined by Hannah Arendt serves as a touchstone to examine the factual access to justice for inhabitants of Zaatari Refugee Camp. In order to enable the analysis of prevailing dynamics, the relationships between the Jordanian State, the UNHCR and the people living in the camp had to be scrutinized. While the relationship between the UNHCR and the inhabitants turns out to be the one least governed by law, most implications for the people of concern to UNHCR flow from the activities of the organization. Present repercussions resulting from the use of iris scan for monetary assistance constitute a violation of the right to privacy. Repercussions resulting from this use of new technologies can have unforeseen impacts in the future on the life of the people affected. The means to enact human rights for those in situations of encampment are rather limited. Taking non-legal factors, such as fear of negative consequences, into consideration renders it very unlikely that governance measures imposed are effectively challenged. In conclusion, the right to have rights until today did not materialize for those lacking citizenship of the place they are in. This is exemplified in the situation scrutinized by the lack of factual access to justice, the factual lack of being able to claim one’s rights.