Understanding the Politics of Refugee and A Way Forward (original) (raw)
Related papers
2018
In recent times, the UNHCR has been accused of railing in the fulfilment of its mandate as provided for under its statute. However, the entirety of fault is not to be borne by the UNHCR, owing to the fact that the Agency relies on laws drali:ed for a different time. The main aim of this research is to investigate vvhether there is a need for reform of the international refugee law regime. The objects of the study were to distinguish the circumstances that led to the formation ofthe 1951 Convention l'rom the prevailing ci rcumstances and to estab lish the role of the UN HCR in the enforcement and development of international refugee law, in a bid to determine the applicabi lity or the existent laws to the modern refugee crisis.
Challenges of the Knowledge Society, 2018
In this study our aim is to make a comparison between the refugee concept according to the Convention Relating to the Status of Refugees from 1951 and its Protocol from 1967 which represent the international approach and the refugee concept according to European Law ( the EU Treaties, EU Directives, the Dublin Regulation). This parallel will present first of all the similarities between the international approach and the European approach such as : the definition of a refugee; the conditions required to obtain refugee status; the definition of the term injury; same request for international protection; same parameteres used to verify the existence of persecution; the conditions of cessation and the non refoulement principle. Second of all the we will present the differences between the international approach and the European approach. European law completes the Convention and introduces new principles such as: subsidiary protection; temporary protection; different degrees of protect...
An Analysis Of The Legal Framework Of International Refugee Protection System
Global Political Review, 2019
The article aims to investigate the legal framework of refugee protection system at regional and international level, which starts with the modern history of refugee system that when fleeing people from one region to another were considered as refugees. It further explores steps that were taken at the initial moment and how such system developed at the international level. The legal protection along with internationally accepted definition of refugees was achieved with the passage of time. The 1951 Refugee Convention is considered as the main foundation upon which the whole refugee system is based, was further augmented with the adoption of the 1967 Protocol, which removed the two main objections i.e. the temporal and geographical limitations from the Convention. The article explains the refugee definition, protections available under various instruments at regional and international level to refugees.
THE INTERNATIONAL LEGAL FRAMEWORK OF REFUGEE PROTECTION
2019
The more there are conflicts, the more they generate a large number of refugees, the more a large number of refugees is spread out around the world, the more it becomes a global issue involving the entire international community. Nowadays, the protection of refugees has become a major problem states, international organizations and other refugees' agencies have been facing, so it can be seen as a continuous feature of international life in the present century. The aim of this article is to show the place of the protection of refugees in the international legal framework, which is International refugee law, governing refugee protection as a branch of international law, originating from the revolution in Russia and the collapse of the Ottoman Empire after the First World War in Europe, causing mass movement of people. International law is not itself a solution to the problem of refugees and the challenges produced by migratory flow, but it can be a facilitator and a guide to the principled effectiveness of measures which states may take. The significance of this topic is perceived from the fact it remains a current one and a global issue involving all the states signing the 1951 Geneva Convention on the status of the refugees.
The Examination of the Relation Between Ethnic Minorities and Refugee Law
The notion of "minority" does not have a universally accepted definition. There are several definitions of concept of minority. Althogh there is not a universally definition of minority, minorities have some rights and rights of minorities are protected in international framework by several international treaties.
The Status Of Refugee And The Situations That Exclude Its Acquirement
2015
At present, the refugees are broadly seen as persons that leave their country of origin due to pervasive violence or to serious social disorders or following to torture, inhuman or degrading treatments to which they are exposed to. As opposed to other persons that leave their country of origin due to their own decisions, the refugees are forced to leave the country they are citizens of because their lives and fundamental rights are threatened. They benefit from a special legal status, their rights and obligations being governed by the international law and especially by the United Nations’ Convention related to the Status of the Refugees from 1951. The same Convention includes also provisions regarding a number of persons that, although they satisfy the characteristics of the refugees as they are mentioned in its articles, are removed from receiving the status of refugee, being considered unworthy, due to their conduct and to extremely serious crimes sanctioned at international leve...
Draft, please do not quote. Hannah Arendt was perhaps the first to outline the thought of the refugee as an exemplary figure for a political order organised as a plurality of territorially bounded sovereign states. This in the sense not only that the refugee is best conceived as a distinctively modern political artefact of the international society of states, but also that the exceptional status of refugee is one of the political media through which the normative structure of this order of governance is reproduced. Arendt's thought has been both supported and elaborated by recent historical studies of the institution of refugeehood, perhaps most notably by Nevzat Soguk and Emma Haddad, but its implications for normative reflection on this modern institution have not, I think, been widely taken up. My strategy is, then, to try to make plausible a view of the international refugee regime which is not constructed in terms of humanitarian obligations but, rather, in terms of political obligations that arise as conditions of the political legitimacy of the international society of states considered as a global regime of governance, and to draw out the normative implications of this view for the institution of refugeehood and distribution of responsibility for refugees. In other words, I want to make a case for the claim that that we can rationally reconstruct the normative grounds and character of the international refugee regime in terms that require reference only to basic or minimum conditions of legitimacy of states and of the international society of states. Refugeehood, as I have already noted, is an exceptional status in that a person claiming this status from a state which is not their own (and which acts as the relevant representative of the international society of states) is entitled to a fair determination of whether they satisfy the relevant criteria and, if so, the state to which they have made application has a duty to ensure that they are not exposed to the relevant threat (typically, but not necessarily, through a grant of asylum in that state). What makes this status exceptional is that the refugee is entitled to the protection of a state which is not their own in the context of a governmental norm that states are fundamentally responsible to, and for, their own citizens. As Matthew Gibney has noted: Above all else … the state is fundamentally an answer to the question of who is responsible to whom in the modern world: states are responsible to their own citizens. The survival of the state as an entity over time rests, moreover, on its ability to portray itself convincingly as an answer to such a question. As a consequence, the claims of outsiders are assessed by states, including liberal democratic ones, through a logic that deprecates the interests and needs of outsiders – a logic that is exceedingly sensitive to the potential damage to its own authority involved in forcing its citizens to incur costs for the sake of strangers. Modern states are highly resistant to the moral claims of outsiders. (2004: 211)
Refugees, migrants and stateless persons in international law-review of legal acts
Teka of Political Science and International Relations – OL PAN/UMCS,, 2018
The paper constitutes an attempt to describe the refugee issue as a very important problem in international law. Problem which can bring both profits and losses for involved countries in many areas. Along with the inflow of people from abroad, initial expenses related to the administrative process increase. At the same time, the increase in human capital can also be noted. It depends on the policy of a given country, whether it can effectively use human capital or only social costs for the country are generated. Sometimes international law obligation is not enough to convince society that accepting refugees is a right and good decision. The paper focuses on how and with which legislation tools it is done and explores whether or not it is effective. The paper consists, among others, of the following sections: "Who is refugee-legal description", "Non-governmental organizations", "Inter-national administration-UNHCR", "EU administration created to help refugees", "The Treaty of Lisbon and refugee policy". In those subchapters, the legal basis of the refugee protection system in the Western world as well as the refugee policy and execution of this law are discussed. The phenomenon of emigration and exile is directly related to the globalization process. According to Marek Pietraś, globalization process is generally identified with the analysis of structure changes, most of all, with the functioning of the international community. The qualitative changes involve the revaluation of the dominant model of the functioning of human society, considering distinction between national and international conditions. About seven dimensions of globalization are mentioned: technology, communication, environment, economic, organization of labor, culture and civic society [Pietraś 2002: 35-36, 44].
REFUGEES, ASYLUM SEEKERS AND DISPLACED PERSONS VIZ A VIZ HUMANITARIAN LAWS
Musembi JohnPaul Kanya, 2018
The world seems to tend often to overlook the plight ahead of us and thus refugees have become a common problem in our societies today. The world has become blind and instead of formulating laws that cab this problem we are in turn subjecting the individuals into more misery. Today refugees or what they have come to be known as recently that is, 'Boat People' are increasing day in day out with governments as well as bodies entitled to control the same doing less. Politics has been a major problem in trying to eradicate this plight with no one willing to lessen their political grip which leaves millions in the plight of survival, rejection, and death. Refugees, asylum seekers, and externally displaced persons are similar entities differentiated only with reasons as to why they fall in a particular group. Refugees are individuals who flee from conflict or unhealthy living conditions likewise to displaced person but an asylum seeker is basically a refugee seeking refugee status where he flees from fear of death or persecution upon return to one's domicile. It is, therefore, why this research article looks to delve into these three facets surrounding refugees and in doing so highlight the differences in them as well as look into the different ways humanitarian laws are able to tackle this problem as well as offer possible solutions towards the current refugee influx which is being experienced worldwide. "No one leaves home unless home is the mouth of a shark" 1 , are the famous words of Warsan Shire a poet and immigrant who has been championing for the rights of refugees and marginalized people providing encouragement to those affected.
REFUGEE PHENOMENA: PROBLEMS AND PRESCRIPTIONS
The issue of refugees has generated much controversy in the International Humanitarian Law (IHL). The plight of refugees has over recent years become a formidable problem of global significance and implications. It is against this background that this paper seeks to critically examine the problems relating to refugees with a view of proffering requisite prescriptions. The paper adopts a descriptive analytical method of analysis. Our findings revealed that though there are multifarious problems associated with refugee issue which borders on lack of security, hostility, poor standard of living etc. The paper concludes that these problems are not insurmountable and therefore proffered requisite prescriptions that will go a long way to ameliorate the problems confronting the refugees globally.