People Movement: International laws and treaties Flashcards
International Laws and Treaties
(Relating to Migration and the Protection of Refugees)
Since WW2?
International Laws and Treaties
(Relating to Migration and the Protection of Refugees)
Since WW2, rules and principles of proper conduct pertaining to refugees have been embodied in numerous laws and treaties, such as:
- 1951 Convention on the Status of Refugees
• This provides numerous rights to refugees including freedom of religion (article 4), access to courts (article 16), access to education (article 22) and freedom of movement (article 26).
• As much as it is possible, signatories are required to provide to refugees the same rights as citizens. - 1967 Protocol Relating the Status of Refugees
- 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families
• This codifies a series of rights to which migrant workers and their families are entitled.
• It came into force in July 2003 - 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
- 2000 Protocol against the Smuggling of Migrants by Land, Sea and Air
International Laws and Treaties
Purposes of Refugee Law?
International Refugee Law has three purposes:
- Provides states with a process for recognising people who have entered a territory without permission.
- Provides refugees with a form of recognition that should provide them with rights.
- Provides the state with an exclusion process.
1951 Convention on the Status of Refugees
Definition?
The 1951 Convention relating to the Status of Refugees is the central feature in today’s international regime of refugee protection. Some 144 states out of 192 have now ratified either one or both of these instruments (1967 Protocol). The convention is by far the most widely ratified refugee treaty, and remains central also to the protection activities of the UNHCR. The questions of who is a refugee and what help they are entitled to were addressed by this treaty.
1951 Convention on the Status of Refugees
Refugee Definition?
Refugee Definition:
Article 1A Paragraph 1; applies the term refugee.
Article 1A Paragraph 2; Defines the term refugee—
“any person who it outside their country of origin and is unable or unwilling to return there to avail themselves of its protection, on account of a well-founded fear of persecution for reasons of race, religion, nationality or political opinion “
1951 Convention on the Status of Refugees
Obligations?
Obligations
The 1951 Convention makes it clear that refugees should not be returned, either to their country of original or to another country in which they would be at risk. This is referred to as non-refoulement. This is the core protection.
1951 Convention on the Status of Refugees
Standards of Treatment?
Standards of Treatment
In addition to the core protection of non-refoulement, the 1951 Convention prescribes:
Article 31: Freedom from penalties for illegal entry
Article 32: Freedom from expulsion
Article 25: Administrative Assistance
Article 16: Access to Courts
Article 22: Access to Education
Article 26: Freedom of Movement—11 states have made reservations, 8 of which expressly retain the right to designate places of residence or on grounds of national security or public interest.
- Persecution itself is not defined in the 1951 Convention.
- The convention definition categorically excludes from the benefits of refugee status anyone whom there are serious reasons to believe has committed a war crime, a serious non-political offence or acts contrary to the purposes of the UN.
1951 Convention on the Status of Refugees
Role of IGG + UNHCR?
Role of IGG/Cooperation with UNHCR
The general assembly identifies a protection role for the UNHCR in relation to international agreements on refugees.
- States party to the 1951 protocol have accepted specific obligations, and have agreed to cooperate with the UNHCR to facilitate its duty in supervising the application of the provisions of the protocol.
- In practice, States commonly associate UNHCR with their refugee decision-making and UNHCR provides regular guidance on issues of interpretation.
- Its Handbook on Procedures and Criteria for Determining Refugee Status (1979) is regularly relied on as an authoritative and binding guideline in respect of refugee determination procedures.
1951 Convention on the Status of Refugees\
1967 Protocol?
1967 Protocol Relating to the Status of Refugees
The protocol is an independent instrument, not a revision within the meaning of article 45 of the convention. State parties to the protocol, which can be ratified or acceded to by a state without becoming a party to the convention; simply agree to apply articles 2 to 34 of the Convention to refugees.
As of August 2008:
i) The United States and Venezuela have acceded only to the Protocol.
ii) Monaco and Madagascar are party only to the convention.
1951 Convention on the Status of Refugees\
Evaluation?
Evaluation
The convention is portrayed as inadequate in the face of new refugee related issues. It is also said to be insensitive to security concerns (terrorism/organised crime) and even redundant—given the protection now due in principle to everyone under international human rights law.
- The convention does not deal with the question of admission, and neither does it oblige a state of refuge to accord asylum as such.
- The convention does not address the question of causes or make provision for prevention.
- It is not concerned with the better management of migration.
- At a regional level, refugee movements have necessitated more focused responses from more local treaties.
However, within the context of the International refugee regime, the Convention continues to play an important part in:
i) the protection of refugees
ii) in the promotion and provision of solutions for refugees
iii) in ensuring the security of states
iiii) sharing responsibility
vii) and generally promoting human rights.
In many states, judicial and administrative procedures for the determination of refugee status have:
i) established the necessary legal link between refugee status and protection
ii) contributed to a broader and deeper understanding of key elements of the in the convention refugee definition
iii) and helped to consolidate the fundamental principle of non-refoulement.
1951 Convention on the Status of Refugees\
Conclusion?
While initially concluded as an agreement between states and the treatment of refugees, the 1951 convention has inspired both doctrine and practice in which the language of refugee rights is entirely appropriate.
The Drafters of the 1951 Convention were in fact able to identify, in the concept of a well-founded fear of persecution, the enduring, universal characteristics of the refugee, and to single out the essential reason for fleeing.
The Protocol Against The Smuggling of Migrants by Land, Sea and Air
Definition?
The Protocol against the Smuggling of Migrants was signed by the on the 12th December 2000. The Smuggling Protocol entered into force on 28 January 2004, with 112 signatories and 137 ratifications as of June 2013. The protocol is aimed at the protection of rights of migrants and the reduction of the power and influence of organised criminal groups that abuse migrants. It emphasises the need to provide migrants with humane treatment, and the need for comprehensive international approaches to combat people smuggling.
The Protocol Against The Smuggling of Migrants by Land, Sea and Air
Article n2 (Statement and Purpose?)
The purpose of this protocol is to prevent and combat the smuggling of Migrants, as well as to promote cooperation among state parties to that end, while protecting the rights of smuggled migrants.
The Protocol Against The Smuggling of Migrants by Land, Sea and Air
Article 3 Use of Terms?
Smuggling of Migrants means the procurement of the illegal entry of a person into a another state in order to obtain financial or material benefit.
Illegal Entry shall mean crossing borders without complying with the necessary requirements for legal entry into the receiving state.
The Protocol Against The Smuggling of Migrants by Land, Sea and Air
Scope of Application?
Article 4
This protocol shall apply to the prevention, investigation and prosecution of the offences established, where the offenses are transnational in nature and involve an organised criminal group, as well as to the protection of the rights of persons who have been the object of such offences.
The Protocol Against The Smuggling of Migrants by Land, Sea and Air
Criminal Liability of Migrants?
Article 5
Migrants shall not become liable to criminal prosecution under this protocol for the fact of having been the object of conduct set forth in article 6 of this protocol.
