Rights of refugees Wed.ppt

8/12/2019 Rights of refugees Wed.ppt

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Legal Framework

In the aftermath of World War I (1914-1918), millions of people fled their

homelands in search for refuge.

Government responded by drawing up aset of international agreements to provide

travel documents for these people who

were, effectively,the first refugees of the20th century. Their numbers increased

dramatically during and after the World

War II (1939-1945), as millions more were

forcibly displaced, deported and or


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Throughout the 20th century, the

international community steadily

assembled a set of guidelines, laws andconventions to ensure the adequate

treatment of refugees and protect their

human rights. The process began underthe League of Nations in 1921. In July

1951, a diplomatic conference in Geneva

adopted the Convention relating to the

Status of Refugees (1951 Convention),

which was later amended by the 1967

Protocol.


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1951 Convention Relating to the

Status of Refugees

Grounded in Article 14 of the Universal Declaration ofHuman Rights 1948, which recognizes the right ofperson to seek asylum from persecution in othercountries, the United Nations Convention relating to the

status of Refugees, adopted in 1951, is the centerpieceof international refugee protection today.

The convention entered into force on April 22,1954

Held at Geneva

Status: 145 State Parties The geographic and temporal limits of the 1951

Convention, was originally limited in scope to personsfleeing events occuring before January 1, 1951 andwithin Europe.


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1967 Protocol

Considering that the 1951 Convention relating to the

Status of Refugees covers only persons who havebecome refugees as a result of events occuring before

January 1, 1951 and that new refugee situations have

arisen since the Convention was adopted and that the

refugees concerned may not fall within the scope of theConvention and that it is desirable that equal status

should be enjoyed by all refugees covered in the

definition irrespective of the dateline January 1,1951

have agreed to removed the geographic and temporal

limits of the 1951 Convention through the 1967 Protocol

The 1967 Protocol removed this limitations and thus

gave the Convention universal coverage.

took force on October 4, 1967

145 State Parties


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Responsibilities of State Parties

In the general principle of internationallaw, treaties in force are binding upon theparties to it and must be performed ingood faith. Countries that have ratified theRefugee Convention are obliged to protectrefugees that are on their territory, inaccordance with its terms.

There are a number of provisions thatStates who are parties of the RefugeeConvention and 1967 Protocol mustadhere to. Among them are:


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Cooperation With the UNHCR: UnderArticle 35 of the Refugee Convention and

Article II of the 1967 Protocol, states agreeto cooperate with United Nations HighCommissioner for Refugees (UNHCR) inthe exercise of its functions and to help

UNHCR supervise the implementation ofthe provisions in the Convention.

Information on National Legislation: partiesto the Convention agree to inform the

United Nations Secretary-General aboutthe laws and regulations they may adoptto ensure the application of theConvention.


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Exemption from Reciprocity: The notion ofreciprocity- where, according to a country'slaw, the granting of a right to an alien issubject to the granting of similar treatmentby the alien's country of nationality- doesnot apply to refugees. This notion does notapply to refugees because refugees do notenjoy the protection of their home state.


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Who does the 1951 Convention Protects?

The 1951 Conventions protects refugees.It defines a refugee as a person who isoutside his or her country of nationality or

habitual residence; has a well foundedfear of being persecuted because of his orher race, religion, nationality, membershipof a particular social group or political

opinion; and is unable or unwilling to availhimself or herself of the protection of thatcountry, or to return there, for fear of

persecution.


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Why do Refugees need protection?

State are responsible for protecting the

fundamental human rights of their citizens.

When they are unable or unwilling to do so -

often for political reasons or based ondiscrimination- individuals may suffer such

serious violation of its human rights that they

have to leave their homes, their families, and

their communities to find sanctuary in anothercountry. Since by definition, refugees are not

protected by their own governments, the

international community steps in to ensure they

are safe and protected.


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Is Refugee Protection Permanent?

The protection provided under the 1951

Convention is not automatically

permanent.

A person may no longer be a refugee

when basis for his or her refugee status

ceases to exist.


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Can Someone be Excluded from Refugee

Protection?

Yes. The 1951 Convention only protects

persons who meet the criteria for refugee

status. Certain categories of people are

considered not to deserve refugeeprotection and should be excluded from

such protection.


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Refugee vs Migrant

forced to flee because

ofa threat of

persecution and

because they lack theprotection of their own

country.

May leave his or her

country for many

reasons that are not

related topersecution.

continues to enjoy the

protection of his or

her own governmenteven when abroad.


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Principle of non-refoulement (Cornerstone)

"No Contracting State shall expel or return

('refouler') a refugee in any manner

whatsoever to the frontiers of territories

where his life or freedom would bethreatened on account of his race, religion,

nationality, membership of a particular

social or political opinion" (Article 33(1)).


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Innocence of refugees unlawfully entering

the country of refuge:

A refugee has the right to be free from

penalties pertaining to the illegality of their

entry to or presence within a country, if it

can be shown that they acted in goodfaith- that is, if the refugee believes that

there was ample cause for their illegal

entry/presence., i.e. to escape threatsupon their life or freedom, and if they

swiftly declare their presence. This right is

protected in Article 31:


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"The Contracting States shall not imposepenalties, on account of their illegal entryor presence, on refugees who, comingdirectly from a territory where their life orfreedom was threatened in the sense ofarticle 1, enter or are present in theirterritory without authorization, providedthey present themselves without delay tothe authorities and show good cause fortheir illegal entry or presence. (Article 31,(1))


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Other Rights in the 1951 Convention

The right not to be expelled, except undercertain, strictly defined conditions(Art.32)

The right to work(Articles 17-19)

The right to housing (Art. 21)

The right to education (Art. 22)


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The right to public relief and

assistance(Art. 23)

The right to freedom of religion (Art. 4)

The right to access the courts (Art. 16)

The right to freedom of movement within

the territory (Art. 26)

The right to be issued identity and travel

documents (Articles 27-28)


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Does a Refugee also have Obligations?

Refugees are required to abide by the

laws and regulations of their country of

asylum and respect measures taken for

the maintenace of public order.


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Who determines whether a person is a Refugee?

How is this done?

This maybe done by an individual or group

assessment as to whether they meet the

definition in the Convention. Although the

Convention does not prescribe a particularprocedure for the determination of whether

a person is a refugee, where an individual

assesment is the preferred approach, anyprocedures must be fair and efficient.


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Can a country that has not signed the 1951

Convention Refuse to Admit a Person Seeking

Protection?

Protecting refugees is primarily the

responsibility of States. The principle of

non-refoulment, which prohibits the return

of a refugee to a territory where his or herlife or freedom is threatened, is considered

a rule of customary international law.


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What is a Diplomatic Asylum?

"Diplomatic Asylum" in the broad sense is

used to denote asylum granted by a State

outside its territory, particularly in its

diplomatic missions (diplomatic asylum inthe strict sense), in its consulates, on

board its ships in the territorial waters of

another State (naval asylum), and also onboard its aircraft and of its military or para-

military installations in foreign territory.


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END


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Asylum on warships In Naples during the troubles of 1848 the Duke

of Parma found asylum on the Hecate, a ship

flying the British flag.

During the revolution of 1862, the Greek royal

couple found asylum on the British frigate Scyllaand other persons took refuge on the French

warship Znobie

In April 1831, the Vice-President of Peru and

General Miller were received on board the St.Louis with the agreement of the Peruvian

Government on the understanding that they

would remain on board only long enough to

esca e mob violence.


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Asylum on commercial vessels

Case of a former Spanish minister who in

1840 took refuge aboard a French cargo

ship, the Ocean, while it was anchored in

a port in the Spanish province of Valencia.


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Universal Declaration of Human Rights

Article 14

1. Everyone has the right to seek and toenjoy in other countries asylum from

persecution.2. This right may not be invoked in the caseof prosecutions genuinely arising fromnon-political crimes or from acts contrary

to the purposes and principles of theUnited Nations.


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Universal Declaration of Human Rights

Article 15

1. Everyone has the right to a nationality.

2. No one shall be arbitrarily deprived of hisnationality nor denied the right to change

his nationality.

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Rights of refugees Wed.ppt

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