The global cop-out on refugees Hathaway, James C
International journal of refugee law,
05/2019, Letnik:
30, Številka:
4
Journal Article
Recenzirano
Despite Mr Rees' pessimistic assessment, two of three key elements of a binding and powerful commitment to refugees were ultimately secured in the Refugee Convention. First, States agreed to a common ...definition of refugee status, which has largely withstood the test of time. Secondly, and equally importantly, they committed themselves to what remains an extraordinary catalogue of refugee rights - sensibly oriented to the economic empowerment of refugees, yet flexible enough to take real account of the circumstances of the States to which they flee. The major failing of the Convention, however, was the absence of agreement on a third key element: a common operational mechanism, in particular one that would ensure that protection burdens and responsibilities are fairly shared among States.
A propósito de la invocación del Alto Comisionado de las Naciones Unidas para los Refugiados (ACNUR) para que los Estados latinoamericanos reconozcan a los migrantes venezolanos como refugiados, en ...atención a la definición ampliada que contempla la Declaración de Cartagena sobre Refugiados (1984), resulta necesario repasar la evolución del concepto de refugiado y tomar ligero contacto con la regulación que los más importantes sistemas regionales de protección de los derechos humanos han adoptado sobre esta figura jurídica. De esa manera, comprenderemos de mejor manera las razones que nos permiten afirmar que los migrantes venezolanos deben ser reconocidos como refugiados.
The Internal Protection Alternative in Refugee Law addresses the legal conditions under which a refugee claimant may be returned to a safe area within her country of origin.
This book explores the ambit of the notion of persecution in international law and its relevance in the current geopolitical context, more specifically for refugee women.
The work analyses different ...models for interpreting the notion of persecution in international refugee law through a comparative lens. In particular, a feminist approach to refugee law is adopted to determine to what extent the notion of persecution can apply to gender-related forms of violence and what the challenges are in doing so. It proposes an interpretive model that would encourage decision makers to interpret the notion of persecution in a manner that is sufficiently protective and relevant to the profiles of refugees in the 21st century, most particularly to refugee women.
The book will be of interest to academics and students in the field of public international law, international human rights law, international humanitarian law, immigration law, European law and refugee law, as well as those working in the areas of international relations.
When Ban Ki-moon launched the idea of a Global Compact on Refugees (Refugee Compact) in his 2016 report In Safety and Dignity, it was with an ambition to secure new commitments in regard to the ...longstanding gap in international refugee law regarding international cooperation. To do so, he proposed that the Compact should develop a principle of responsibility sharing 'through the application of standards that reflect the 1951 Convention and the 1967 Protocol thereto, regional refugee instruments and international human rights and humanitarian law' (para 70). In the ensuing drafting process, several commentators expressed similar hopes for the Compact to address a range of normative issues, providing either substantively new commitments or pushing the interpretation of existing obligations under international refugee and human rights law. Others expressed the hope that, even though non-binding, the Refugee Compact might eventually pave the way for subsequent international legal developments, such as a new protocol to the 1951 Refugee Convention.
The 1951 Convention relating to the Status of Refugees, and its 1967 Protocol, and many other important international instruments recognize the unique role the UNHCR plays in protecting refugees and ...supervising international refugee law. This in-depth analysis of the UNHCR's supervisory role in the international refugee protection regime examines the part played by key institutions, organizations and actors in the supervision of international refugee law. It provides suggestions and recommendations on how the UNHCR's supervisory role can be strengthened to ensure greater State Parties' compliance to their obligations under these international refugee rights treaties, and contributes to enhancing the international protection of refugees and to the promotion of a democratic global governance of the international refugee protection regime.
Responsibility sharing was a central commitment in the 2016 New York Declaration for Refugees and Migrants (annex 1, para 1). It was also a key commitment in the preamble to the landmark 1951 Refugee ...Convention, in which countries of first asylum are promised that their providing refuge will be met by 'international cooperation', without specifying its content. Yet, just as the 1951 Refugee Convention failed to define what international cooperation meant, so, too, the New York Declaration was long on principles but short on specific commitments.
Mauritius became a party to the 1951 Refugee Convention through succession but is yet to accede to the 1967 Protocol relating to the Status of Refugees. It has signed but not yet ratified the OAU ...Convention Governing the Specific Aspects of Refugee Problems in Africa and has not signed the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa. Unlike many other countries in Africa, Mauritius has not yet enacted domestic legislation dealing with the issue of refugees. However, international human rights obligations and domestic legislation allow the rights of asylum seekers to be protected in Mauritius. This article argues that the principle of non-refoulement bars Mauritius from extraditing or deporting an asylum seeker to a country where he or she will be persecuted or where his or her rights will be violated, and that asylum seekers and citizens are equally protected by the Constitution with regard to absolute rights. However, limitations may be imposed on asylum seekers in their enjoyment of non-absolute rights. For such limitations to be lawful, they must aim to achieve the objectives stipulated in section 3 of the Constitution.
Whether the 1951 Refugee Convention and its 1967 Protocol are still relevant to today's displacement challenges is a recurring question, particularly with the passing of time and the fact that ...neither instrument deals with the causes of refugee movements, or with the scope and extent of State responsibility to determine claims for protection, or with making international cooperation both concrete and equitable. Certainly, the Convention and the Office of the United Nations High Commissioner for Refugees (UNHCR) were framed with key provisions of the UN Charter in mind - sovereign equality and non-intervention - so that the refugee regime has long been essentially reactive, rather than forward-looking. Still, the treaties have continued to attract support among States, so far as they encapsulate a widely understood, if not exhaustive, concept of the refugee and set out certain basic principles of protection. Some 148 States are now party to the Convention and/or the Protocol, but the Asia Pacific region is generally under-represented, even though historically it has played a significant role in receiving refugees and in contributing to solutions.
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