Seventh Annual Human Rights Law & Policy Conference Refugee Protection around the World: Durable Solutions or Durable Suffering? June 22, 2009 Dorsey & Whitney, LLP Session: International Refugee Law: An Overview Presenter: Colleen Beebe, Esq., Director of Education, The Advocates for Human Rights
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Seventh Annual Human Rights Law & Policy Conference
Refugee Protection around the World: Durable Solutions or Durable Suffering?
June 22, 2009Dorsey & Whitney, LLP
Session: International Refugee Law: An Overview
Presenter: Colleen Beebe, Esq., Director of Education, The Advocates for
“The refugee problem is in many respects an issue of human rights – of rights which have been violated, for which respect must be reinstated. Ultimately, the entire refugee experience, from forcible displacement, through the search for asylum, to the securing of a durable solution, is an important indication of the respect accorded to basic human rights principles worldwide. The by now extensive array of international human rights instruments, together with their monitoring mechanisms, offer important complementary tools for enhancing refugee protection.”
Executive Committee United Nations High Commissioner for Refugees
Legal FoundationsA. Has origins in general principles of
human rightsB. Founded on treaty and customary
law obligationsC. Draws on principles and standards in
other international instruments or court processes in different jurisdictions
D. Guided by “soft law”1. Pronouncements and directives of
regional bodies such as the UNHCRMain source: International refugee protection 50 years on: The protection challenges of the past, present and future, by Erika Feller
A. Article 33(1) of the Refugee Convention states:
1. “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 be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.”
Definition of “Refugee”A. Under the Refugee Convention a
refugee is a person who 1. “[O]wing to a well-founded fear of being
persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion,
2. [I]s outside the country of his or her nationality, and
3. [I]s unable to or, owing to such fear, is unwilling to avail himself or herself of the protection of that country or return there because there is fear of persecution.”
A. OAU Convention Governing the Specific Aspects of Refugee Problems in Africa
“[t]he term refugee shall also apply to every person who, owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part of the whole of his country of origin or nationality, is compelled to leave his place of habitual residence in order to seek refugee in another place outside his country of origin or nationality.”
1. 1984 - Cartagena Declaration on Refugees suggests expanding definition of “refugee” for use in the region (Central America, Mexico and Panama)
a. Includes definition of 1951 Convention and 1967 Protocol and adds
b. “Among refugees persons who have fled their country because their lives, safety or freedom have been threatened by generalized violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances which have seriously disturbed public order.” Para. III.3
A. 1980’s to present1. Number of refugees and types of conflict growing2. More restrictive asylum systems 3. Detention of asylum-seekers4. Increase of risks for refugee workers/humanitarian
workers 5. Growing hostility toward refugees and migrants
a. Reduced benefitsb. Reduced self-sufficiency possibilitiesc. Restricted family reunificationd. Increased risk
6. HIV/AIDS7. Human trafficking and smuggling is increasing8. Local integration and repatriation not viable solutions9. Protracted refugee situations
A. Erika Feller, International refugee protection 50 years on: The protection challenges of the past, present and future, IRRC September 2001, Vol. 83, No. 843.
B. Jastram, K. & Achiron, M. (2201), Chapter 1: The legal framework of the international refugee protection system, Refugee protection: A guide to international refugee law, 8-20. Retrieved from http://www.unhcr.org/refworld/docid/3cd6a8444.html