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The 1951 Refugee Convention - PDF

   

Added on  2021-01-04

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The 1951 refugee convention is no longer relevant. Appraise with law cases and treaties.This is to appraise the relevancy of the 1951 refugee convention that is often distrusteddue to several political views (Madureira, 2018). This convention is based on protection refugeesand is also specified as the effort of the UN Refugee Agency. It has basically defined the refugeeas an individual who has escaped his or her nation because of a justifiable fear of oppression onthe basis of 5 logical grounds called race, ethnicity, religion, membership of a specific politicalgroup or social assembly. Although, the need for assessing this convention raised due to certainnew guidelines released by UNHCR on Global defence.This has in turn modified the definition of a refugee and stated him or her to be someonewho is also intending to flee widespread violence. Apart from this, there together existed someperson who have been granted some type of security due to their attempt of fleeing equippedconflict. This raised a question on their identity as refugees (Muller., 2018). The below paper hasreferred to reply to such raised queries, questioning the identity of refugees along with therelevancy of The 1951 refugee convention. Despite of being a foundation till today, many peoplehave raised some valid concerns regarding its up gradation. Race is used in the wider sense and consists of ethnic groups and also social groups withcommon descent. Religion also has a broad understanding, it includes identification of thosegroups that share similar traditions or beliefs. Nationality includes an individual's citizenship. Aparticular social group refers to person who share a same background, habits and social status.It has been found that refugees are part of international migratory process in whichpeople are prompted to leave their own country by a complex collection of fears, aspirations andhopes. It is now become clear that the more government look for to obstruct movement, withoutknowing its root causes, the more people importing flourishes. First responsibility for havingrefugee status in the process centre should stay with asylum states, act individually withUNHCR. Second movement to any country hosting a processing centre must be guaranteed,along with strict observation of the principles. Third is, there must be a resettlement programmefor asylum seekers who want to be refugees (Good, 2016). Trafficking is an internationalproblem. Although significant concentration is done on trafficking for the intention of sexualexploitation. These insult are seriously desecrated of human rights amounting to persecution andcan form the basis for a claim for refugee’s status (Brakel, Kester and Potter, 2017). 50 Years

Was Too Long to Wait: The Syrian Refugee Crisis Has Highlighted the Need for a SecondOptional Protocol to the 1951 Convention Relating to the Status of Refugees.UALR L. Rev.40.p.51. The application of Article 1A (2) of the 1951 Convention to the status of the refugees tovictims of trafficking include the following: a person may be trafficked abroad and may ask forprotection from country in which he or she currently live, a person may be trafficked to his/herown country and have run to abroad in hunt of international protection.Convention related to status of Refugees, also known as the 1951 Refugee Convention, isa United Nations multilateral treaty that precise who is a refugee. A refugee is a person who hasbeen forced to cross the national boundaries and who cannot safely return to home. Such aperson is called as asylum seeker until given refugee status1. This 1951 Refugee convention wasbuilds on article 14 of the 1948 Universal Declaration of Human Rights (Koser, 2015). Theconvention is universal and combines with two pillars; the United Nations High Commissionerfor Refugees(UNHCR), in December 1950 and other is 1951 convention relating to the Status ofRefugee. The 1951 Refugee Convention was created in the wake up of World War II, forprotecting Europeans, who were forced to flee their homes. After world war II refugees andother displaced persons were high on the international program (Ferris, 2016). The 1951refugee’s convention has created a system to protect people at risk of persecution in their owncountry. Responsibility come into effect after an asylum seeker has entered another country. Theissue with the convention was that it was created for different era. The 1951 convention placednumber of restrictions on qualification of refugee status2. It excludes some individuals who werealready getting protection from another UN at the time of 1951 convention. Individuals whoavail themselves of the protection of their country of residence or any individual who getsprotection from the third country are also not taken into account of being refugee. The 1951Convention sets up the meaning of an evacuee and additionally the standard of non-refoulement1Koser, K., 2015. Australia and the 1951 Refugee Convention.2McAdam, J., 2017. The enduring relevance of the 1951 refugee convention.

and the rights stood to those conceded displaced person status. Exile law and worldwide humanrights law are nearly interlaced; outcasts are escaping governments that are either incapable orunwilling to ensure their essential human rights (McAdam, 2017). Moreover, in situations wherethe dread of oppression or risk to life or security emerges with regards to a furnished clash,displaced person law likewise meets with universal compassionate law. There are certain rightsthat refugees have, some are discussed below: Non refoulement:- it refers to the responsibility of States not to return a refugee to thefrontiers of territories where his life would be vulnerable on the basis of race, religion,membership of a particular social group or political opinion3. Freedom of movement: - freedom of movement is also an important right for refugeeswithin their own country. Countries with scarce resources and limited legal framework toprotect refugees, in these countries' freedom of movement is a critical issue with regard toprotract refugee situations in these countries (McAdam, 2017). Right to security of a person: - this is important in regard of how asylum seekers aretreated within the country of refugee. The detainment of asylum seekers is contentiousproblem due to the conditions found in the detainment facilities of various countries. Right to family life: - the family is seen as the key group of society and is eligible forprotection by society and state. Other rights: - the 9151 convention also provide protection to other rights of refugees,like right of education, right to justice, employment and other key freedoms. Dislike theserights being protected in the 1951 convention and under human rights treaties, refugees inseveral countries do not enjoy equal legal protection of fundamental advantage. The realities of aggression, conflict and ill-treatment continue to cause displacement.Protection for Refugees remain urgently needed. The 1951 convention and its protocol are onlyinstruments globally which covers the most important aspects of a refugee's life. As long aspeople continue to be oppressed, there will be a need for the 1951 Refugee Convention and its3 Janmyr, M., 2017. No Country of Asylum:‘Legitimizing’Lebanon’s Rejection of the 1951Refugee Convention.International Journal of Refugee Law.29(3). pp.438-465.

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