legal status of refugee

8/11/2019 Legal Status of Refugee

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About Refugee and the Legal Status of Refugee

Collected by BdLawSource.com


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List of AbbreviationsAALCC- Asian-African Legal Consulate Committee.

BIA- Board of Immigration Appeals

CABA- Cuban American Bar Association

CCRC- Committee for Citizenship Rights for the Chamas

C!"- Chittagong !ill "racs

CIA- Central Intelligence Agency

C#A- Comprehensi$e #lan of Action

CRC- Con$ention on the Rights of the Child

%!A- %epartment of !umanitarian Affairs

SA!R%C- South Asian !uman Rights %ocumentation Center

&C!A- &'ecuti$e Committee of !umanitarian Affiance

&C(S(C- &conomic and Social Council of )nited *ations

RS- &mergency preparedness and Response Section

&+Com- &'ecuti$e Committee of )*!CR

!#,- !umanity protection ,orum

ICA- International Coffee Agreement

(C!A- (ffice for the Coordination of !umanitarian Affairs

ICARA- International conference on Assistance to Refugees Africa

IC&- Intergo$ernmental Committee for &uropean igration

ICS- International Court of ustice

IC)A- International Council of /oluntary AgenesesILA- International Law Association

LIC- Low-intensity Committee

(A)- (rganization of African )nity

(RC- (pen Relief Center

#ARI*AC- #artnership in Action

)%!R- )ni$ersal %eclaration of !uman Rights

)*0A- )nited *ations 0eneral Assembly

)*RRA- )nited *ations Relief and Rehabilitation Agency

)*/- )nited *ations /olunteers

(A- emorandum of Agreement

I*A- Immigration and *ationality Act

*!RC- *ational !uman Rights Commission

#CSS-#arbottiya Chattogran anashangati Samiti

)SCR- )nited States Committee for Refugee

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Contents

Page No.

Letter of "ransmittal II

Acnowledgement III

Students %eclaration I/

List of Abbre$iations /-/I

Body of the Research #aper

Chapter One 1-2

3ho is a Refugee4

%ifferent definitions

"he 1561 Con$ention %efinition

"he 1578 #rotocol

"he (A) con$ention and the cartagena declaration

Stateless persons

Are well all refugee

&arly definitions

Chapter Two 6-9

Rights and duties of Refugee

i. Life world of Refugees

ii. Rights of Refugees

iii. ,uture of the Refugees Rights regime

i$. %uties of Refugees

Chapter Three 5-1:

Causes of Refugees flows and the law of state responsibility

i. Causes of Refugees flows

ii. Law of State Responsibility

Chapter Four 11-1;

i. %urable solutions

ii. Local integration

iii. /oluntary repatriation < Legal ,rame 3orChapter Five 1=-12

Legal Condition of Refugees in India

i. "he story of partition Refugees

ii. "ibetan Refugees in India

iii. Refugees from Bangladesh in India

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Chapter Six 16-19

Bangladesh and Refugees issue

i. Burmu Refugees in Bangladesh

ii. Biharis Refugees in Bangladesh

Chapter Seven 15-=9

)*!CR

i. #redecessors

ii. )*!CR< Structure> mandate and ,unctions

iii. )*!CR and *0(s

i$. Scope of #rogram

$. Style of (peration

$i. Source of ,unds

$ii. Refugees and the Role of ICRC

$iii. Con$ention Relating to the Status of Refugees 1561

i'. "he !uman Rights of Refugee ?Summary@

Conlusion

Seletive !ibliograph"

Reo##endation

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Chapter One

$ho is a Refugee%

"he definition of a Refugees in international law is of critical importance for it can

mean the difference between life and the death for an indi$idual seeing asylum.

%efinitions in international law it may be noted> depart from the ordinary meaning of

the word Refugees. In e$eryday speech the word Refugees is used to describe a

person who is forced to flee his or her home for any reason for which the indi$idual is

not responsi$e> he it persecution> public disorder> ci$il war> famine>. earth uae or

en$ironmental degradation.1

&ifferent &efinitions

Se$eral attempts to define the term Refugees ha$e been made in the course of the

twentieth century. "he definition contained in different international instruments

during the period of the league of nations is the subDect of reading I.A.

It pro$ides the historical bacdrop against which contemporary definitions need to be

considered. "hese include the definitions contained in the 1561 con$ention on the

status of Refugees ?hereafter the 1561 con$ention@> the 1575 (A) con$ention

0o$erning the specific aspects of Refugees problems in Africa ?hereafter the (A)

con$ention@ and the caratagena %eclaration on Refugees 1592 ?hereafter the

cartagena declaration@.;

The '()' Convention &efinition

"he most widely accepted definition of a Refugees is that continued in the 1561

con$ention=. "he mandate of the con$ention intends to any person who as a result of

e$ents occurring before 1 anuary 1561 and owing to well-forded fear of being

persecuted for reasons of race> religion> nationality> membership of a particular social

group or political opinion> is out side the country for his nationality and is unreels or

owing to such fear> is unwilling to a$ail himself of the protection of that country> or

who> not ha$ing a nationality and being outside the country of this former habitualresidence as a result of such e$ents> is unable or owing to such fear> is unwilling to

return to it2.

1Global refugees movements and strategies of response- M. Kritz2mmigration and !efugees police" Global and #omestic issues.3$%e &enigno '(ino )ecture in *uman !ig%t- !efugees and *uman !ig%ts-Gu+ Goodwin ,Gill.4$%e convention !efugees definition ames .*at% wa+.

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The '(*+ protool

"he ey feature of the protocol of =1 anuary 1578 relating to the status of Refugees

?hereafter the 1578 protocol@ was that it remo$ed the temporal and geographical

limitations contained in the 1561 con$ention.6!ow e$er> as reading iii. A points out>

there was no attempt to reconsider the definition of term Refugees. "his meant that

most third world Refugees continued to remain de factor included> as their flight is

freuently prompted by natural disaster> war> or political and economic turmoil rather

than by persecution> at least as that term is under stood in the western content.

The OA, onvention and the artagena delaration

At the regional different definitions of Refugees ha$e been adopted> namely> the

(A) con$ention and the cartagena declaration. Reading I/.A e'amines the conditions

under which the different definitions were adopted in Africa and Latin America and

their silent features.

Stateless persons

Refugees are to be distinguished from the stateless persons. 3hether or not this

diction stands to reason. 3hile the 1561 con$ention addresses the problem of

Refugees alone> the international legal rights of stateless person are addressed in the

con$ention relating to the status of stateEless persons> 1562> which came into force

in 157:. It defines a state less person as a person who is not considered as a

national by any state under the operation of its law.

Are we all Refugee%

"he final reading of chapter one is included to encourage reflection on the Striing

Similarities between the uni$ersal condition and the plight of Refugees. It is perhaps

important to emphasize that 3arner is not uestioning the usefulness of the legal

category of Refugees but merely pointing towards certain parallels between the

Refugees condition and the e'istential condition of humanind.

-arl" &efinitionsAnalysis of the international Refugees accords entered into between 15;: and 156:

re$eals three distinct approaches to Refugees definition. &ach of these perspecti$es-

udicial> Social and the indi$idualist- was dominant during a part of the initial

decades of Refugees law.

5$%e )aw of !efugees status- &uffer 0ort%s.

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'. The udiial Perspetive

,rom 15;: until 15=6> Refugees were defined in largely Duridical terms> which meant

that they were treated as Refugees because of their membership in a group of

persons effecti$ely depri$ed of the formal protection of the go$ernment of its state of

origin.

/. The soial perspetive

In contrast to the initial udicial focus> the Refugees agreements adopted between

15=6 and 15=5 embodied a social approach to Refugees definition. Refugees defined

from the social perspecti$e are the helpless casualties of broadly based social or

political occurrences which separate them from their home society.

0. The 1ndividualist prospetive

"he third phase of international refugee protection> comprising the accords of the

15=9-156: era was re$olutionary in its resection of group determination of refugee

status. A refugee by indi$idualist standards is a person in search of an enrage from

prescribed in Dustice of functional incompatibility with her home state.

Chapter Two

Rights and &uties of Refugee

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"he 1561 con$ention details the ci$ic and socio-economic rights of refugee which

must be respected. In addition> there are the regional and uni$ersal human rights

instruments which read in conDunction with the refugee specific human regime> Set a

wide-ranging> if perhaps not fully adeuate or integrated measure of respect for the

basic dignity of refugee.

i. Life world of Refuges2

F"he $iew thatG a refugee is a person whose social world has been disturbed H can

contribute to our understanding in at least two ways. It offers a meaningful

classification of refugee on a continue that runs from total destruction of the

refugees social world to its persistence e$en as he or she mo$es. At one entree

there are refugees whose social world almost collared in flight> who lost relati$es and

li$elihood. Such were the sur$i$ors of 3azi concentration camps> who had no one left

in the world and no home to return to. "hen there are those refugees whose social

world became more circumscribed as a result of flight> but were able to maintain

some lins or establish new ones. ost Afghan and &thiopian refugees might fall into

this category. At the after entree are refugee who maintained or uicly established

full fledged networs in a new en$ironment.7

ii. Rights of Refugee

"he problem related to the detention of refugees and asylum seeers was e'amined

by a woring group con$ened in ,lorence in une 1592 by the international institute

of !umanitarian law and held under the auspices of the office of the )nited *ations

!igh Commissioner for refugees. "he report of the woring group was noted with

appro$al by the participation law which was held by the institute in San Remo from

September 18-;:> 1592. "he Round taste commended the following obser$ations

and conclusions for the consideration of 0o$ernments and international organizations

as well

as conditions which respect their religious and cultural identify and

personal dignity.

''. "hey should also permit )*!CR to super$ise the well-being and

protection of the inhabitants of refugees camps.

'/.International solidarity and cooperation are of paramount importance

in refugees situation.

iii. Future of the Refugee Rights regi#e 2

"he following of international human rights law since the drafting of the refugees

con$ention> so that two o$erlapping yet distinct right regimes now consist> raises

important a$iations concerning the relation between refugee rights and humanrights> and the future role of a refugees-specific rights regime. A reasonable point of

department in the e'amination of the relation between international human rights is

a re$iew of the purpose and historical conte't of the 1561 refugees con$ention.

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iv. &uties of Refugee

uch has been written on the rights of refugees less so on their duties. And yet>

refugees are no different from other indi$idual. "hey must conform to the lacs and

regulations of the country in which they find themsel$es8. "he mention arises.

howe$er> whether refugees ha$e any duties o$er and abo$e such general obligations

and what conflicts> if any> may e'ist with respect to their fundamental rights9.

Chapter ThreeCauses of Refugee Flows and The law of State Responsibilit"

i. Causes of Refuge Flows2

"ill recently> the issue of causes of refugees flows recei$ed little attention> although

the matter was discussed in the special political committee 5S#C@ of the )nited

ift% session; supplement ?o.2

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nations 0eneral Assembly ?)*0A@ in the 159:=. An important reason for this was the

political paralysis of the bipolar world5.

In the recei$ing countries of the west> anyone arri$ing from the So$iet )nion or one

of its allies was automatically granted some forms of asylum no defiled scrutiny of

their reasons for lea$ing was felt necessary. In the third world to> it was almost

impossible to address the causes of flight if the source country could well on the

protection of one of the superpowers and almost all could to some degree1:.

It is symptomatic that the 1561 con$ention did not contain any specific reference to

the responsibilities of the country of origin. !owe$er> with the end of the cold war>

western states ha$e arri$ed that pre$ention is preferable to cure thronging the

spotlight on the conditions and e$ents that force people to flee4

ii. Law of State Responsibilit" 2

"he international law of state responsibility is concerned with the incidence and

conseuences of illegal acts and particulars the payment of compensation for large

caused.11

In reading1;ii. A Beanie introduces the subDect of state responsibility for displaced

populations ?used as a generic reference to refugees and persons displaced of the

state of physical origin1=. "he subDect of damages for the e'planation of foreign

nationals remaindering contro$ersial> and there are few precedents concerning

refugees12. Although the principle of compensating the $ictims of $iolations of human

rights has much to commend it> introducing a financial substitute for state and

community obligations riss lending respectability to ethnic> religious and ideological

cleansing16.

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Chapter Four

&urable Solutions'. &urable Solution 2

"he meaning of the word solution has rarely been e'plored in refugees studies

literature. Jet> as doles writes e$eryone refugees to solution as an accepted term of art in the approach

to the refugees problems> but no one has considered in any depth the inadeuate

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treatment of solution has unfortunate> as solution is a motion fundamental to the

formation of an approach to the refugee problem> and any misunderstanding where

this concept is concerned is ine$itably at the e'pense of the uality of the approach

to the problem.

ii. Loal integration 2

Lie resettlement the solution of local integration is not $iewed as a $isible solution

today. ,or as lecher e'plains17.

ost first asylum countries are $ery poor and unstable. A sudden influ' of refugees

can disrupt a fragile economy> e'acerbate unemployment and heighten ethnic

fle'ions.

"herefore it is not surprising that the idea of integration has recei$ed little theoretical

attention. In Reading ii. A Kutilman> among the few to ha$e written on the subDect>

offers a definition of the form integration4

iii. 6oluntar" Repatriation 2

"he solution of $oluntary repatriation also raises a lost of legal and policy issues.

3hat is the meaning to be assigned to the word $oluntary4 !ow is the $oluntary

nature of repatriation to be as certained4 ust it reflect the e'ercise of an indi$idual

will4 (r can it be a part of a collecti$e decision taen by a group of refugees to

return4 3hat ind of information of the country of origin must be refugees ha$e

access to if they are to mae rational decisions4 3hat are the minimum human

rights standards that must be in the country of origin4 etc18.

Chapter FiveLegal Condition of Refugees in 1ndia

i. The Stor" of Partition Refugees 2

1/)oesc%er; &e+ond c%arit+6ee >ootnote 5 earlier:;pp.14-148.1&. c%iming; C7oluntar+ !epatriation" ' ritical note Binternational ournal of !efugees

law6vol.3.1881:.pp541-4/

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"he story of refugees in independent India must being with the partition of the

country in 15;8. "his is for two reasons first> the human dimension of partition>

which saw the displacement of millions of people has not recei$ed sufficient attention

from historians who ha$e confided themsel$es to an analysis of it causes 19. Second>

in the ordinary consciousness the story of partition refugees has come to be

restarted from that of refugees flows to free India. 3hile the two stories ha$e

different traDectories and endings> the two e'periences are united by the enormous

sufferings they record. Recalling and reli$ing the often side of silence< /oices from

the partition of India ?/iing penguin India> *ew> %elhi> 1559@ the traumatic pass

age of partition refugees helps empathies with the problems of refugees populations

present in India today who unlie the partition refugees ha$e lost not only their

homes but also been uprooted from their nationhood and culture15.

ii. Tibetan Refugees in 1ndia 2

Chimni re$i$als Indians record with respect to "ibetan refugees and the rights

intended to them. In comparison with other refugees groups in the country "ibetan

refugees ha$e recei$ed for better treatment.;:Readers may uery as to what accents

for this differential treatment4 enact be e'plained by the fact that in the case of the

"ibetan refugees the possibility of repartition was non-e'istent from the $ery

beginning4 But then how does one e'plain the relati$ely better treatment of the Sri

Lanan "amil refugees when compared to the resources of the state in which the

Chama refugees from Bangladesh4 Can in this case the differential treatment be

accounted for by the e'istence or absence of ethnic ties4 %o refugees are located

mae a difference4 ,or e'ample> "ipura where the camps of the now repatriated

Chama refugees were located is among the poorest regions in the country. 3as that

a reason for the refugees recei$ing as we shall see presently> less than human

treatment4 Should then the control go$ernment ha$e the responsibility for looing

after the welfare of refugees4 ore generally> is there a need to formulate and

pursue a uniform policy towards different refugees groups4 It so what should be the

core elements of the policy4

iii. Refugees fro# !angladesh in 1ndia 2

1 's one observer notes" $%e partition; related massacres and migrations18*uman rig%ts news letter 67ol. 1.3 ?o. ul+ 188/:29$%e protection of *uman !ig%ts 'ct; 18883

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%escribes the two maDor refugees flows from Bangladesh< "he 1: million refugees

who sought refugees in India in 1581 and the Chama refugees who later fled

persecution in the Chittagong hill tracts and who repatriated in 1559.

3hite Indians response to the mass influ' in 1581 is a mater of pride the treatment

of Chama refugees left much to he desired< ,ood medical and education facilities in

the camps were inadeuate. "he sorry state of affairs was confirmed by the national

human rights commission ?*!RC@ in ay 1557 when it sent an in$estigation team to

tripura to report on the conditions in the camps;1.

Chapter Six

!angladesh and the Refugee issue

"o a Bangladesh national> the refugees situation is unit familiar. "he people of

Bangladesh had been subDect to genocide and crimes against humanity in 1581 by

the #aistans military Dunta. Around 1: million Bangladeshi nationals had lea$e for

India to escape from the murderers of #aistan army. any of the Bangladeshi

nationals became refugees in India for a nine-month period till Bangladesh emerged

as independent country in 17 %ecember 1581.

Bangladesh had accepted the refugees because of humanitarian concern.

Bangladeshi is a responsible member of the )* and is conscious of its role in the

promotion of and respect for human rights. Bangladesh is committed to undertae

humanitarian aid to the refugees when e$er is necessary. any local non-

0o$ernmental organizations ha$e been engaged in ad$ancing the cause of human

rights including that of the refugees in the country.

Article ;6 of the Bangladesh constitution states that M"he state shall base its national

relations on the principles of respect for.... international law and the principles

enunciated in the )nited *ations charter.

,urther more article =; of the 158; Bangladesh constitution states that M*o person

shall be depri$ed of life and liberty sa$es in accordance with lawN.

21ee ?*! 'nnual !eport 1885-8/; AA. /1-/2

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)nder article =5 of the constitution freedom of thought> freedom of speech and

e'pression are granted in Bangladesh. Bangladeshs is a democratic country and the

people of Bangladesh ha$e a tradition to resist the authoritarian nature of the

go$ernment. Bangladeshs successi$e democratic go$ernments are fully committed

to respect the pro$isions of the constitution. "he fundamental rights as enumerated

in part III of the constitution are Dustifiable by the higher Dudiciary in the country

under article 1:= of the constitution.

i. !ur#a Refugees in !angladesh

Since 1551> Bangladesh has been the main country of refugee for members of the

uslim Rohingya minority in Burmas araan state> many thousands of whom ha$e

fled gross human rights $iolations prepared by the Burmese go$ernment. In 1551-5;

alone> discrimination> $iolence and the imposition of forced labor practices by

Burmese authorities triggered an e'odus of some ;6:>::: Rohingya across the

brander into Bangladesh. ost of these refuges returned between 155= and 1558

under a repatriation program arranged through the auspices of the )nited *ations

!igh Commissioner for Refuges ?)*!CR@. "he future of ;;>::: Rohingya who remain

in refuges camps in Bangladesh> howe$er> remains unclear. %onor countries>

frustrated by the lac of progress in finally resettling these remaining refuges> ha$e

reduced the le$el of support a$ailable to them. ean while> continuing discrimination

against> attacs upon> and other widespread $iolations of the rights of Rohingya in

Burma ha$e led to new refuges out flows into Bangladesh. ore than 1::>:::

Rohingya> who ha$e not been formally documented as refuges> now li$e in

Bangladesh out side the refuges camps. "heir situation to remains precarious.

"his report describes the ey obstacles which ha$e to now pre$ent the satisfactory

resolution of this maDor refuges problem> with particular attention to emulation of the

agreed repatriation program. "he primary obstacles are to be found on the Burmese

side of the border. Burmas ruling state peace and %e$elopment Council ?S#%C@>

which replaced the state law and order Restoration Council ?SL(RC@> persists in its

policy of denying Burmese soil. As a direct conseuence> Rohingya are treated asaliens in their own country and are being subDected to restrictions on their freedom

of mo$ement> arbitrary function and e'tortion by local officials ;;. Rohingya $illagers

also continue to be reuired to understate forced labor by local Burmese official> who

sometimes threaten to ha$e them illed if they refuges to company.

22*&!- Aage /-193

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ii. !iharis Refugee in !angladesh 2

Refugees international is concerned about the pricing and persistent humanitarian

and protection issues facing the stateless Bihari. "he Rahigya refuges population and

displaced religious minorities in Bangladesh.

"he Biharis ?Stand and #aistanis@ of Bangladesh are particular concern to refuges

international. "he Biharis> an )rdu speaing uslim minority originally from the

!indu region of Bihar> ha$e been stateless since the day of Bangladesh

independence. At the partition of 1528> the Biharis became a part of &ast #aistan>

but their past support for western #aistan caused tension between the Bihari and

the newly independent nation of Bangladesh. Bangladesh has refused to pro$ide full

citizenship to the Bihari due to their pre$ious support of western #aistan while

#aistan> on the other hand> fears the large influ' of Biharis who li$e in 77 camps in

1= regions across the country. "he Bihari face o$er crowded li$ing uarters> poor

drainage and sanitation systems> inadeuate education and health care facilities.

ost importantly the Bihari continue to remain stateless after more thus thirdly years

of hardship. Little has been done to impro$e their current conditions and no plausible

solution has been rached.

Poli" Reo##endations 2

:=;=;::7 Bangladesh< Stateless Biharis group for a resolution and their rights.

:6:5;::6 Bangladesh< Burmese Rohingya refugee $irtual tinstones.

1;1=;::2 stateless Biharis in Bangladesh< A humanitarian right mare.

:9:9;::= Bangladesh< %iscrimination and displacement of religious minorities

:6=:;::= Lac of partition planes Burmas Rohingya refugee in Bangladesh more

policy recommendations.

Related News 2

:5:7;::8 Bangladesh taes laudable steps to reduce statelessness.:712;::8 Child labor among the displaced and stateless.

Chapter Seven

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,N7CR

"he history of an organized response to the refugee problem can be traced to the

birth of the League of *ations. By 15;: it became increasingly clear that large-scale

refugee mo$ements in &urope could not be dealt with without intergo$ernmental

cooperation. In 15;1 %r. ,ridts of *ansen assumed the office of the !igh

Commissioner for Russian Refugees. Subseuently his ser$ices were used to deal

with other refugee floes. In 15;5> the assembly set up the *ansen international

office for refugees which were liuidated in 15=9. An intergo$ernmental committee

on refugees ?I0CR@ was established in 15=9 as an independent international refugee

organization outside the frame wor of the league of nations. "he initiati$e came

from the )nited States;=. "he committee was to tae care of ewish refugees from

0ermany and Austria. In 15=5 a !igh Commissioner for the League of *ations was

appointed to tae care of the refugees to the I0CR which acted until the international

refugee organization ?IR(@ too o$er the responsibilities in 1528. ean while> the

)nited *ations Relief and rehabilitation agency ?)*RRA@ was establshed in 152=

when 22 participating states signed the charter of the new international organization.

Its obDecti$e was to mae preparations and arrangements.... for the return of

prisoners and e'iles to their homes;2.

i. Predeessors

,ollowing the first world war. League of *ations agencies had grappled with some of

the most ob$ious needs of the wa$es of refugees caused from 151; on by the

dislocations of war> the impact of $iolent nationalismE> through its intolerance and

racial legislation> created a huge

e'odus after 15== and placed great numbers of indi$iduals in an intolerable position>

special intergo$ernmental action was organized from 15=9 on under the imitati$e of

president Roose$elt> resulting in the establishment of the intergo$ernmental action>

under the direction of the united states and great Britain> was continued and

asradened during the second world war to deal with new emergencies. In the third

place were the large scale efforts on behalf of displaced person by the militaryauthorities once liberation of the continent begin with the second world front in une

23>or a %istor+ development in t%is period ee Glaudena M. @ran; !efugees in inter war

Durope $%e Dmergence of a !egime 6Glarendon Aress; Eford 1885:24?D7 #aniel and G.K. Knudsen; edg; Mistrusting refugee 6


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1522. "hese efforts were supplement by those of relief agencies> notably )*RRA.....

whose wor along with that of I0CR from ?ed@ the immediate bacground to the

established of IR(.

ii. ,N7CR2 Struture8 #andate and Funtions 2

"he office of the united nations high commissioner for refugees ?)*!CR@.

At its 156: session> the general assembly formally adopted the state of )*!CR as an

ane'e to resolution 2;9 ?)@> in which it also called upon 0o$ernments to operate

with the office. "he function of )*!CR encompass pro$iding international protection

and seeing permanent solutions to the problems of refugee by way of $oluntary

repatriation or assimilation in new national communities. "he state e'pressly

pro$ides political character> it shall be humanitarian and social and shall relate

related> as a rules to groups and categories of refugees of the two functions. "he

pro$isions of international protection is of primary important for with refugees> there

can be no possibility of finding lasting solutions. Besides defining refugees the

)*!CR state prescribes the relationship of the !igh Commissioner with the 0eneral

assembly and the economic and social council ?&C(S(@ maes pro$ision for

organization and finance> protection. "hese de$elop the functions engaged in by

predecessor con$entions and include ?i@ booting the conclusion of international and

proposing amendments there to ?ii@ promoting through special agreements with

go$ernments the e'ecution of any measures calculated to impro$e the situation of

refugees the number reuiring protection and ?iii@ promoting the admission of

refugees;6.

iii. ,N7CR and N9Os 2

!uman instincts ha$e undoubtedly dri$en people to assist others in need since the

dawn of ci$ilization;7. "oday the process of pro$iding humanitarians assistance has

become a highly organized enterprise in$ol$ing laces and regulations> more political

implications> international organizations and large sums of money. *oe$er the lessrefugees assistance efforts remain hea$ily imbued with idealism and humanitarian

moti$ation> particularly noticeable in pri$ate religious and charitable agencies. "he

concept of rescuing $ictims of persecution and $iolence is central to this moti$ation;8.

25D !es. 383 &6F: 19 eptember 18512/Dcosc !es. 5/5 6FF:; 31 Marc% 18552G'!Ds 1// 6F:; 2/ ?ovember 185 and Dcosoc !es /2 6FF7:; 39 'pril 185

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"hough 0o$ernmental entities are usually rather clearly identifiable> it is not always

clear who is and is not part of the non-go$ernment portion of the refugees assistance

of networ. "he field incorporates aspects of human rights> generic charity>

immigration ser$ices> social ser$ices> religious ser$ices> de$elopment> education>

ad$ocacy and a host of support and other functions;9.

iv. Sope of Progra# 2

Refugees *0(s may be in$ol$ed in both domestic resettlement of refugees and

ser$ices to asylum seeers> and in international refugee aid. "hey may specialize in

ad$ocacy> public education> legal ser$ices> de$elopment aid or pro$ide a full range of

medical> logistical and relief ser$ice. A few specialize in particular nationalizes> all

howe$er> offer ser$ices to refugees or displaced people as the or one of the central

focus of their program> their in$ol$ement with refugees is not by chance.

v. St"le of operation 2

Some agencies are acti$ists with respect to go$ernment policy> seeing to affect

policy content or program resources. Commitment to ad$ocacy does not seem to be

determined by size of constituency on surprisingly> e$en to degree of reliance on

go$ernment funding> though both are rele$ant factors.

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vi. Soure of funds 2

Some *0(s rely hea$ily on funding from go$ernments- others will not accept such

funds and rely only on pri$ate support such as indi$idual contributions> grunts from

foundations> or allocations from church bodies.

A total in$entory of *0( functions and ser$ices is properly not possible> but the

following e'amples of board functional areas> both formal and informal> show the

importance *0(s to the refugees assistance networ.

vii. Refugees and the Role of 1CRC 2

3here as refugee law contains a specific definition of refugee> humanitarian law is

$ery $ague and only rarely employs the term. All the same> this does not mean that

refugees are reflected by humanitarian law> since they are protected by it when they

are in the power of a party of conflict;5.

%uring international armed conflicts. *ationals of a state who flee hostilities and

center the territory of an enemy state are protected by the fourth 0ene$a con$ention

as aliens in the feretory of a party to the conflicts ?Articles =6 to 27 of the fourth

con$ention@. "his con$ention reuests fa$orable treatment for refugees on the part of

the host country since as refugees they do not enDoy the protection of any

go$ernment> they must not be treated as enemy aliens solely on the basis of their

nationality ?Article 22 of the fourth con$ention@. #rotocol I reinforces this rule while

also refiguring to the protection of stateless persons ?Article 8. of protocol I@.

Refugees nations of a neutral state who find themsel$es in the territory of a

belligerent state are protected by the fourth con$ention when there are no diplomatic

relations between their state and the belligerent state. Article 8= of protocol I

manicuring this protection e$en when diplomatic relations e'ist.

"o fourth con$ention further stipules that In no circumstances shall protected personbe transferred to a country where he or she may ha$e reason to fear persecution for

his or her political opinions or religious beliefs ?#rinciple of non-refulgent Article 26

para- 2 of the fourth con$ention@.

28nternal !eview of t%e !ed ross 6?o. 395; Marc%-'pril 1885:; AA. 1/-9.

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"he office of the united *ations !igh Commissioner for refuges ?)*!CR@ plays a role

of paramount importance in wor on behalf of refuges.

"he ICRC considers itself to be directly concerned by the fate of refuges who are

ci$ilian $ictims of armed conflicts or disturbances> or of their direct results> i.c----->

situations by its mandate. ICRC action for these refuges depends their alia on their

protection under international humanitarian law.

viii. Convention relating to the status of Refugee '()'

Adopted on ;9 uly 1561 by the united nations conference of plenipotentiaries on the

state of refuges and state less persons con$ened under 0eneral assembly resolution

2;5 of 12 %ecember 156:. &ntry into force < ;; April 1562> in accordance with

Article 2=.

PR-A:!L- OF T7- CON6-NT1ON

"he !igh Contracting #arties> considering that the charter of the united nations and

the uni$ersal declaration of !uman Rights appro$ed on 1: %ecember 1529 by the

general assembly affirmed the principle that human beings shall enDoy fundamental

rights and refuges without discrimination considering that the united nations has> on

$arious occasions> manifested its profound concern for refuges and endea$ored to

assure refuges the widest possible e'ercise of this fundamental rights and refuges>

considering that it is desirable to re$ise and consolidate pre$ious international

agreements relating to the status of refuges and to e'tend the scope of and the

protection accorded by such instruments by means of a new agreement.

Considering that the grant of asylum may place unduly hea$ily burdens on certain

countries> and that a satisfactory solution of a problem of which the united nations

has recognized the international scope and nature cannot therefore be achie$ed

without international cooperation.

&'pressing the wish that all state> recognizing the social and humanitarian nature of

the problem of refuges> will do e$erything within their power to pre$ent this problem

from becoming a cause of tele$ision between states.

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*othing that the united nations high commissioner for refuges is charged the fast of

super$ising internationals con$entions pro$iding for the protection of refuges and

recognizing that the effecti$e coordination of measures taen to deal with this

problem will depend upon the cooperation of states with the high commissioner.

7ave agreed as follows2

Refugee

,or the purposes of the present con$ention> the term refuges shall apply to any

person who.

!as been considered a refuges under the arrangements of 1; ay 15;7 and =: une

15;9 or under the con$ention of ;9 (ctober 15== and 1: ,ebruary 15=9> the

protocol of 12 September 15=5 or the constitution of the international refuges

organization FArticle 1G.

9eneral Obligations

&$ery refuges has duties to the country in which he finds himself> which reuire in

particular that the conforms of its laws and regulations as well as to measures taen

for the maintance of public order .

FArticle ;G.

Non &isri#ination

"he contracting states shall apply the pro$isions of this con$ention to refuges without

discrimination as to race> religion on country of origin.

FArticle =G

Religion

"he contracting states shall accord to refugees within their territory treatment at

least as fa$orable as that accorded to their nations with respect to freedom to

practice their religion and freedom as regards the religious education of their

children.

FArticle 2G

Rights 9ranted apart fro# this Convention

*othing in this con$ention shall be deemed to impair any rights and benefits granted

by a contracting state to refugees a part from this con$ention.

FArticle 6G

The ter# ;in the sa#e iru#stanes the term Min the same circumstancesN implies

that any reuirements ?including reuirements as to length and conditions of SoDoun

or residence@ which the particular indi$idual would ha$e to fulfill for the enDoyment of

right in or section.

FArticle 7G

-xe#ption fro# Reiproit"

&'cept where this con$ention contains more fa$orable pro$isions> a contracting state

shall accord to refugees the same treatment as is accorded to aliens generally.

FArticle 8G

-xeption fro# exeptional #easures

3ith regard to e'ceptional measures which may be taen against the person>

properly or interests of national of foreign state.

FArticle 5G

Provisional :easures

*othing in this con$ention shall pre$ent a contracting state> in time of war or other

gra$e and e'ceptional circumstances from taing pro$isional measures which it

considers to be essential to the national security in the case of a particular person.

FArticle 5G

Continuit" of Residene

3here a refugee has been forcibly displaced during the second world war and

remo$ed to the territory of a contracting state and is residence there> the period ofsuch informed soDourn shall be considered to ha$e been lawful residence within that

territory.

FArticle 1:G

Refugee Sea#en

In the case of refugees regularly ser$ing as crew members on board a ship flying the

flag of a contracting state> that shall gi$e sympatric consideration to their

establishment on its territory and the issue to tra$el documents to them or their

temporary admission to its territory particular with a $iew to facilitating their

establishment in another country.

FArticle 11G

Personal Status

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"he personal status of a refugee shall go$erned by the law of the country of his

domicile or if he has no domicile> by the law of the country of his residence.

FArticle 1;G

:ovable and 1##ovable Propert"

"he contracting state shall accord to a refugee treatment as fa$orable and in any

e$ent> not less fa$orable than that accorded to aliens generally in the same

circumstances.

FArticle 1=G

Artiste Rights And 1ndustrial Propert"

In respect of the protection of industrial property> such as in$entions> designs or

models trade mars> trade names and of rights in literary> artistic and scientific

wors.

FArticle 12G

Right of Assoiation

As regards non-political and non-profit-maing associations and trade unions the

contracting state shall accord to refugees lawfully staying in their territory the most

fa$orable treatment accorded to nationals of a foreign country> in the same

circumstances.

FArticle 16G

Aess to Courts

A refugee shall enDoy in the contracting state in which he has his habitual residence

the same treatment as a national in matters pertaining to access to the courts>

including legal assistance and e'emption from elution Dudicator so.

FArticle 17G

$age earning e#plo"#ent

"he contracting states shall accord to refugees lawfully staying in their territory themost fa$orable treatment accorded to nationals of a foreign country in the same

circumstances> as regards the right to engage in wage-earning employment.

FArticle 18G

Self=e#plo"#ent

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"he contracting state shall accord to a refugee lawfully in their territory treatment as

fa$orable as possible and in any e$ent> not less fa$orable than that accorded to

aliens generally in the same circumstance.

FArticle 19G

Liberal Professions

"he contracting states shall use their best endea$ors consistently with their laws and

constitutions to secure the settlement of such refugee in the territories.

FArticle 15G

Rationing

3here a raining system e'ists> which applies to the popular at large and regulations

the general distribution of products in short supply refugees shall be accorded the

same treatment as nationals.

FArticle ;:G

Publi -duation

"he contracting state shall accord to refugees the same treatment as in accorded to

nationals with respect to elementary education.

FArticle ;1G

7ousing

As regards housing the contracting states in so far as the matter is regulated by

lacus or regulations or is subDect to the control of public authorities.

FArticle ;;G

Publi Relief

"he contracting states shall accord to refugees lawfully staying in their territory the

same treatment with respect to public relief and assistance as is accorded to their

nationals.

FArticle ;=G

Labor Legislation and Soial Seurit"

Social security ?legal pro$ision in respect of employment inDury. (ccupational

diseases> maternity sicness> disability> old age> death> unemployment> family

responsibilities and any other contingency which according to nationals laws or

regulations is co$ered a social security scheme@.

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FArticle ;2G

Ad#inistrative Assistane

%ocuments or certifications so deli$ered shall stand in the stead of the official

instruments li$ered to aliens by or through their national authorities and shall be

gi$en credence in the essence of proof to the contra.FArticle ;6G

Freedo# of :ove#ent

&ach contracting state shall accord to refuges lawfully in its territory the right to

chosen their place of residence and to mo$e freely within its territory subDect to any

regulations applicable to aliens generally in the same circumstances.

FArticle ;7G

1dentif" Papers

"he contracting state shall issue identity papers to any refugee in their territory who

does not passes a $alid tra$el document.

FArticle ;8G

Travel &ou#ents

"ra$el documents issued to refugees under pre$ious international agreements by

parties thereto shall be regained and treated by the contracting states in the same

way as if they had been issued pursuant to this article.

FArticle ;9G

Fiseal -arges

"he contracting states shall not impose upon refugees duets> charges orates of any

description what so e$er> other or higher than those which are or may be le$ied on

their nationals in similar situations.

FArticle ;5G

Transfer of Assets

A contracting state shall in conformity with its laws and regulations permit refugees

to transfer assists which ha$e brought into its territory to another country where

they ha$e been admitted for the purposes of resettlement.

FArticle =:G

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Refugees unlawfull" in the Countr" of Refugee

"he contracting states shall not impose penalties on account of their illegal entry or

presence.

FArticle =1G

Prohibilition of -xpulsion or Return

*o contracting state shall e'pel or return a refugee in any manner what so e$er to

the frontiers of territories where his life or freedom would be threatened on account

of his race> religion nationals membership of a particular social group or political

opinion.

FArticle ==G

Nationalis#

"hey shall in particular mae e$ery effort to e'pedite naturalization proceedings and

to reduce as far as possible the charge and costs of such proceedings.

FArticle =2G

Cooperation of the national authorities with the ,N

"he contracting states undertae to co-operate with the office of the united nations

high commissioner for refugees or any other agency of the united nations which may

succeed it> in the e'ercise of its functions and shall in particular facilitate its duty of

super$ising the application of the pro$isions of this con$ention.

FArticle =6G

1nfor#ation on National Legislation

"he contracting states shall communicate to the secretary-0eneral of the united

*ations the laws and regulations which they may adopt to ensure the applications of

this con$ention.FArticle =7G

Relation to previous Conventions

3ithout pre uice to Article ;9> paragraph of this con$ention this con$ention replaces

as between parties to it.

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FArticle =8G

Settle#ent of disputes

Any dispute between parties to this con$ention relating to its interpretation or

application which cannot be settled by other means.

FArticle =9G

Signature8 Ratifiation and Aession

"he con$ention shall be opened for signature at 0ene$a on ;9 uly 1561.

And this con$ention shall be open from ;9 uly for accession by the states.

FArticle =5G

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Territorial Appliation Clause

Any states may> at the time of signature ratification or accession> declare that this

con$ention shall e'tend to all or any of the territories for the international relations

of which it is responsible.

FArticle 2:G

Federal Clause

3ith respect to those articles of this con$entions that come within the legislati$e

Durisdiction of the federal legislati$e authority.

FArticle 21G

Reservations

At the time of signature> ratification any state may mae reser$ations article of the

con$ention other than to articles 1=> 12> 17 ?i@> ==> =7-27 inclusi$e.

FArticle 2;G

-ntr" into Fore

"his con$ention shall come into force on the ninetieth day following the day of

deposit of si'th instrument of ratification or accession.

FArticle 2=G

&enuniation

Any contracting state may denounce this con$ention at any time by a notification

addressed to the secretary general of the unstated nation.

FArticle 22G

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Revision

Any contracting state may7 reuest re$ision of this con$ention at any time by a

mortification addressed to the secretary general of the united nations.

FArticle 26G

Notifiations b" the seretar" general of the ,nited Nations.

"he secretary general of the united nations shall inform al members of the united

nations and non-member states referred to in article =5-

a. of declarations and notifications in accordance with section = of article 1.

b. of signatures ratifications and accessions in accordance with article =5.

c. of declarations and notifications in accordance with article 2:

d. of reser$ations and withdrawals in accordance with article 2;

e. of the date on which this con$ention will come into force in accordance with

article 2=

f. of denunciations and notifications in accordance with article 22

g. of reuest for re$ision in accordance with article 26

FArticle 26G

In faith whereof the undersigned duly authorized ha$e signed this con$ention on

behalf of their respecti$e go$ernments.

%one at 0ene$a> this twenty eight day of uly> one thousand nine hundred and fifty-

one in a single copy> of which the &nglish and ,rench te'ts are eually authentic and

which shall remain deposited in the articles of the united nations and certified true

copies of which shall be deli$ered to all members of the united nations to the non-

member states referred to in article =5.

ix. The 7u#an Rights of Refugee >Su##ar"?

"he human rights of refugees include the following indi$isible> interdependent and

interrelated human rights security> or freedom of the refugee.

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"he human rights to freedom of mo$ement> freedom to choose his or her residence>

freedom to lea$e any country> including his or her own> and to return to his or her

country.

"he human rights to freedom from discrimination based on race> color> gender>

language> religion> nationality> ethnicity> or any other status.

"he human rights to eual protection of the law> eual access to the courts> and

freedom from arbitrary or prolonged detention.

"he human rights to a nationality.

human rights to life.

"he human rights to protection from fortune or ill-treatment.

"he human rights to freedom from genocide and Methnic cleansingN.

"he human rights to an adeuate standard of li$ing> including adeuate food> shelter

and clothing.

"he human rights to wor and to basic labor protections.

"he human rights to the highest possible standard of health and to access to health

care.

"he human rights to li$e in a healthy and safe en$ironment.

"he human rights to education- to free and compulsory elementary education> to

readily a$ailable forms of secondary and higher education> and to freedom from all

types of discrimination at all le$els of education. "he human rights to protection from

economic and se'ual e'ploitation> particular for refugee women and children.

"he human rights to participation in decision-maing which affects a refugeeOs life>

family> and community.

"he human rights to sustainable de$elopment.

"he human rights to peace.

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Conlusion

3hen )* decided to set up the )*!CR in 1525 the 0eneral Assembly of the

unrecognized the responsibility of the )* for the international protection of refugees.

International protection is based on human rights principles. Since the refugees do

not enDoy the protection of the country. (f origin> the international community must

come forward to pro$ide that protection.

International protection thus begins with securing admission of a refugee in another

country. If includes super$ision of refugees at the global and regional le$el. "he

refugees are to be identified and be accorded an appropriate status. #rotection

includes ensuring that the basic necessities of life are pro$ided in a safe

en$ironment. (ther tools of international protection include emergency resettlement

to third countries or assistance to return home.

,or international protection one could rely on international legal con$ention and

declarations adopted by the )* or by the regional organizations> such as the (A)

con$ention or cartagena declaration for Latin America. In conflict situations the 1525

0ene$a con$ention related to the protection of ci$ilization persons in time of war and

the additional protocols of 1588 assume particular signature.

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Seletive !ibliograph"

!oo@ 2

i. B.S Chimni> International refugee law

ii. !arun )r Rashid>Refugee law

Artiles2

Borhan )ddin Ahmed>

,ifty years of the uni$ersity declaration of !uman Rights

Reo##endation2

Refugees in international law is of critical importance for it can mean the difference

between life and the death for an indi$idual seeing asylum. "o a Bangladeshi

national> the refugees situation is unit familiar. "he people of Bangladesh had been

subDect to genocide and crimes against humanity in 1581 by the #aistans military

Dunta. Around 1: million Bangladeshi nationals had lea$e for India to escape from the

murderers of #aistan army. any of the Bangladeshi nationals became refugees in

India for a nine-month period till Bangladesh emerged as independent country in 17

%ecember 1581.

"he 1561 con$ention details the ci$ic and socio-economic rights of refugee which

must be respected.

/arious con$entions gi$e shelter all the refugee all o$er the world.

So> I thin> all the state or country of the world gi$e more facilities for the refugee

life and tae the responsibility same in the own people of that country.

legal status of refugee

Documents