The Protocol Relating to the Status of Refugees is a key treaty in international refugee law. It entered into force on 4 October , and countries are parties. Where the United Nations Convention Relating to the Status of Refugees had restricted refugee status. The Convention was adopted by the United Nations Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons, held at Geneva from 2 to Citation / Document Symbol: United Nations, T. At a time of a global and regional refugee crisis, you might think the last thing we should do is question the UN Refugee Convention.
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The Convention specifies that complaints should be referred to the International Court of Un convention refugees . It appears that no nation has ever done this. Nations may levy international sanctions against violators, but no nation has ever done this.
At present, the only real consequences of violation are 1 public shaming un convention refugees the press, and 2 verbal condemnation of the violator by the UN and by other nations.
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However, another problem with all these definitions is that in order to be a un convention refugees you have to un convention refugees able to cross a national border. Otherwise you are an Internally Displaced Person, and as we have seen there are twice as many IDPs globally than refugees — people struggle to escape their national territory.
And finally, as far as the Convention goes, you are only a refugee once a state has granted you that status.
Convention Relating to the Status of Refugees - Wikipedia
Until that un convention refugees you are an asylum-seeker. And so once more the vast majority of people fleeing violence in the world today are not, according to the UN Convention, refugees — they are people seeking refuge.
Un convention refugees But when what rights do attach to that status? The only effective right is that of non-refoulement: However, all this amounts to is the right not to be sent back into danger once you have escaped it—it is, crucially, not a right to escape danger in the first place.
Non-refoulement places a negative obligation on states not to harm, but no positive obligation to assist. Because of their vulnerable situation, asylum-seekers are sometimes forced to un convention refugees their country of refuge unlawfully.
The Geneva Convention does not stipulate that states are required to grant asylum-seekers entry to their territory.
Convention Relating to the Status of Refugees
Restrictions on their movement can be imposed until their un convention refugees is regularised. It has drafted a set of guidelines for the use of detention of asylum-seekers.
In certain countries, refugees are confined to refugee camps and their movement is restricted.
In other countries, including in many developed countries, detention of irregular migrants until their status as refugees is determined is a common practice. The Convention establishes a duty on states to accord rights to refugees that in certain areas are on a par with those of their population, un convention refugees in others are similar to those granted to the most favoured aliens or to aliens in general.
The 1951 Refugee Convention
However, India continues to host a large population of refugees. In the main, they are treated kindly.
Clearly, India has stood up and been counted when it comes to accepting refugees. It has one of un convention refugees biggest refugee populations in South Asia. But it is precisely the large numbers that enjoin upon India the duty to enshrine in law how these refugees will be treated.
Protocol Relating to the Status of Refugees
Un convention refugees the absence of any domestic law or regional South Asian framework, India has desisted from taking its rightful regional leadership role in this increasingly critical matter. The un convention refugees of argument is that borders in South Asia are extremely porous and any conflict can result in a mass movement of people.
This can have two results: