Refugee Studies: Categories and Laws

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Questions and Answers

According to the Commission on Human Rights in 1957, who is primarily responsible for granting asylum?

Human rights advocacy groups

Individual nations based on their laws

The international community as represented by the United Nations (correct)

International organizations other than the UN

What was reaffirmed in the Vienna Declaration on Human Rights and Program of Action in 1993?

The right to free basic education

The right to seek and enjoy asylum (correct)

The right to express political opinions openly

The right to marriage and family

The General Assembly's resolution 2312 (XXII) of 1967 emphasized that asylum is a responsibility of:

Only the countries that are geographically close to the persecuted

The international community at large (correct)

The nations involved in conflict

Humanitarian NGOs exclusively

What criterion expands the definition of those eligible for asylum as per the recent interpretations?

Anyone facing serious threats to their human rights Signup and view all the answers

Which of the following was included in the provisional list for codification by the International Law Commission in 1949?

The right to seek and enjoy asylum Signup and view all the answers

Which group includes individuals who may have been forced to leave their home due to conflict or natural disasters?

Displaced persons Signup and view all the answers

What is the primary responsibility regarding refugees returning to their country?

National governments Signup and view all the answers

What is a characteristic of territorial asylum?

An exception to the practice of extradition Signup and view all the answers

Which document states that everyone has the right to seek asylum from persecution?

The Universal Declaration of Human Rights Signup and view all the answers

What is the primary focus of the Kampala Convention?

Addressing internal displacement due to various crises Signup and view all the answers

Under which condition is extraterritorial asylum granted?

In foreign territory such as embassies or warships Signup and view all the answers

What defines diplomatic asylum?

It occurs in embassies based on prior agreements Signup and view all the answers

Which statement is true regarding asylum seekers?

Only refugees are eligible to apply for asylum. Signup and view all the answers

What defines a refugee according to the 1951 Refugee Convention?

A person who has a well-founded fear of persecution. Signup and view all the answers

Which document removed geographical and temporal restrictions from the refugee convention?

The 1967 Protocol Signup and view all the answers

Which of the following are inclusion clauses for refugee status?

The person must be outside their country of origin. Signup and view all the answers

What is the principle of non-refoulement?

The prohibition of returning refugees to countries where they may face harm. Signup and view all the answers

Which organization was established in 1947 to deal specifically with refugee situations?

International Refugee Organization (IRO) Signup and view all the answers

What is one of the objectives of the Global Compact on Refugees established in 2018?

To ease pressures on host countries dealing with refugees. Signup and view all the answers

What are the two main functions of the Office of the UN High Commissioner for Refugees (UNHCR)?

International protection and seeking durable solutions. Signup and view all the answers

Which of the following is considered a form of persecution?

Governmental action causing severe harm to human rights. Signup and view all the answers

What does complementary protection entail in the context of refugee law?

Additional legal safeguards for individuals not covered by the refugee definition. Signup and view all the answers

Study Notes

Refugee Categories

Five categories cover persons seeking refuge: group determinations, those who could be assisted by the “good offices”, displaced persons, returnees, and stateless persons.

Refugee Repatriation

The text emphasizes returning refugees to their home countries safely.
This task rests primarily with national governments, but the High Commission is expected to supervise if governments are unable to handle the task.

Kampala Convention

The Kampala Convention (adopted in 2009, entered into force in 2012) is an African Union treaty.
It specifically addresses internal displacement caused by armed conflict, natural disasters, and development projects on a regional level.

Asylum

Not all refugees become asylum seekers, but only refugees can apply for asylum.
Asylum is a legal institution that grants states the right to protect foreigners.
This protection allows the state to act against the foreigner's home country, essentially preventing the foreigner's return.
Asylum is historically rooted in the protection of individuals facing persecution for political or religious opinions in their home countries.

Types of Asylum

Territorial Asylum: Offered within the state's borders and is an exception to the practice of extradition.
Extraterritorial Asylum: Granted within embassies, legations, consulates, warships, and merchant vessels in foreign territory.
Diplomatic Asylum: Requires a prior agreement between the state and the country seeking asylum. This form of asylum is primarily used in Latin American countries.

International Agreements on Asylum

The Montevideo Convention on Political Asylum (1933) and the Universal Declaration of Human Rights (1948) address the right to seek asylum.

Statelessness

The 1954 Convention Relating to the Status of Stateless Persons sets standards for the treatment of stateless people.
The 1961 Convention on the Reduction of Statelessness focuses on reducing the occurrence of statelessness.

Lessons on Refugees and Asylum

Asylum grants a state the right to protect a person from their own country.
A refugee’s movement from one country to another is a matter of necessity rather than choice. Common reasons for this migration include war, persecution (based on nationality, race, religion, political opinion, or belonging to a specific social group), economic hardship, and environmental degradation.

Definition of a Refugee

A refugee is defined as someone who fears persecution due to specific reasons (race, religion, nationality, membership of a particular social group, or political opinion), is outside their country of origin, and is unable or unwilling to seek the protection of their home country out of fear.

Key Legal Documents

The 1951 Refugee Convention is the primary legal document defining refugees, their rights, and the obligations of states towards them.
The 1967 Protocol clarified the 1951 Convention by removing geographical and temporal restrictions.

Historical Evolution of Refugee Protection

The UN General Assembly in 1946 aimed to facilitate the return of refugees to their home countries.
The International Refugee Organization (IRO) was established in 1947 to address all aspects of the refugee situation, particularly registration, status determination, and repatriation.
The UN High Commissioner for Refugees (UNHCR) replaced the IRO in 1951, and the 1951 Convention on the Status of Refugees was adopted during the same year.

Convention Relating to the Status of Refugees (CRSR) 1951

Inclusion Clauses (Requirements)

The person must be outside their country of origin or habitual residence.
The person must have a well-founded fear of persecution based on race, religion, nationality, political opinion, membership of a particular social group.
The person must be unable or unwilling to seek protection from their own state due to the fear of persecution.

Persecution Definition

Persecution involves acts causing severe harm to a fundamental human right, especially the right to life, liberty, and physical integrity.
Instances can include direct state involvement, actions by non-state actors beyond state control, or non-state actors tolerated by the state.

Exclusion Clauses (People not entitled to refugee status)

Individuals protected by another country
Aspirants who have been assimilated into the country they are seeking refuge in

Non-Refoulement Principle

States cannot return refugees to countries where they face persecution.

Refugee Rights

Access to work, education, welfare assistance, freedom of religion, freedom of movement, identity documents, and travel documents.

State Obligations towards Refugees

States cannot punish refugees for unlawful entry or presence in their territory.
States cannot expel lawfully present refugees except on grounds of national security or public order.
National laws should extend complementary protection to those who don't meet the 1951 Refugee Convention definition but still require protection.

Global Compact on Refugees

The Global Compact on Refugees (adopted in 2018) serves as a framework for more predictable and equitable responsibility-sharing, recognizing that a sustainable solution to refugee situations requires international cooperation.
Objectives include:
- Easing the pressures on host countries
- Enhancing refugee self-reliance
- Expanding access to third-country solutions
- Supporting conditions in countries of origin for safe and dignified returns.

The Office of the United Nations High Commissioner for Refugees (UNHCR)

Established in 1950, the UNHCR's primary functions are international protection and seeking durable solutions for refugees.
The UNHCR mandate broadened to include "persons of concern," encompassing individuals outside their home countries requiring international protection due to persecution, armed conflict, or serious public disorder.

Historical Developments of the UNHCR

The Vienna Declaration on Human Rights and Program of Action (1993) reaffirmed the right to seek and enjoy asylum.
The International Law Commission included "Right of Asylum" in its provisional list for codification, examining international practice and codifying existing practices.
The Commission on Human Rights proposed in 1957 that the international community, represented by the UN, be responsible for granting asylum, extending protection to anyone whose life, liberty, or physical integrity is threatened in violation of human rights.

UN Declaration on Territorial Asylum

The UN General Assembly's Declaration on Territorial Asylum in 1967 highlighted the shared responsibility of the international community, with the UN playing a pivotal role in safeguarding individuals facing persecution or serious harm.
This emphasis recognizes the need for a broad interpretation of asylum eligibility, extending beyond those fleeing persecution based on specific grounds to all individuals facing threats to their human rights.

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Description

This quiz covers various categories of refugees, including group determinations and stateless persons. It also highlights important conventions like the Kampala Convention and the process of repatriation and asylum. Test your knowledge on the legal frameworks that protect displaced individuals and the responsibilities of national governments.