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UNIT VIII.pptx human rights relating to refugees
- 1. UNIT VIII REFUGEE LAW ASST.PROF.K.PUSHPAVANAM THE CENTRAL LAW COLLEGE, SALEM
- 2. ORIGIN AND DEVELOPMENTOF REFUGEE LAW ARTICLE 14 OF UDHR, 1948. 1. Everyone has the right to seek and to enjoy in other countries asylum from persecution. 2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
- 3. ORIGIN AND DEVELOPMENTOF REFUGEE LAW ï” Council of League of Nations â High Commissioner for Refugees were appointed on 1921 â to coordinate the action taken in various countries on the question of refugees. ï” Mandate of High Commissioner includes, 1. To define legal status of the refugees. 2. To organise repatriation. 3. To undertake relief work amongst them.
- 4. ORIGIN AND DEVELOPMENTOF REFUGEE LAW ï” Convention on Status of Refugees, 1933. ï” Convention on Status of Refugees from Germany, 1938. ï” Efforts were made even before 2nd World War to define the Status of Refugees. ï” 1945- United Nations established. ï” UN focussed in the problems of Refugees, displaced persons, stateless persons and returnees. ï” 1949 â UN established UNRWA (UN Relief and Works Agency for Palestine Refugee in the Near East). To provide relief to Arab refugees from Palestine.
- 5. ORIGIN AND DEVELOPMENTOF REFUGEE LAW ï” UNHCR (United Nations High Commissioner for Refugees) established with mandate to provide protection to the refugees. ï” 1951, Convention relating to Status of Refugees adopted. ï” 1967, Protocol relating to Status of Refugees.
- 6. RIGHTS AND RESPONSIBILITIESOF REFUGEES (GENERAL PROVISIONS) ï” ART 2 of 1951 Convention relating to the Status of Refugee. ï” Every refugee is under a duty to conform to the laws and regulations of the country in which he finds himself. Further he should also conform to the measures adopted by the country of his refuge for the maintenance of Public Order.
- 7. RIGHTS AND RESPONSIBILITIESOF REFUGEES (GENERAL PROVISIONS) ï” Apply provisions of this convention to refugees without discrimination as to race, religion or country of origin. (Art 3) ï” To accord freedom of religion and freedom regarding religious education of their children. (Art 4) ï” To accord to refugees same treatment as is accorded to aliens generally. (Art 7) ï” To recognise the continuity of residence. (Art 10)
- 8. JURIDICAL STATUS OFREFUGEE ï” PERSONAL STATUS Shall be governed by the law of the country of his domicile. If he has no domicile, by the law of the country of his residence. ï” STATUS OF PROPERTY w.r.t Acquisition and other rights including leases of Movable and Immovable property, the state parties shall accord to a refugee treatment as favourable as possible, not less than aliens. w.r.t Industrial Property which includes inventions, designs, models, trademarks etc., a refugee shall be accorded same protection as accorded to the nationals.
- 9. ï” RIGHT OFASSOCIATION. Association here means non-profit making associations and trade unions. Refugees shall be accorded the most favourable treatment similar to that accorded to nationals of a foreign country. ï” ACCESS TO COURTS. Free access to all courts of law. He shall enjoy same treatment as a national in matters pertaining to access of courts of law.
- 10. INTERNALLY DISPLACED PERSONS ï”Persons who are displaced and move from one place to another within the territory of their own country. ï” Refugees : Persons without documents giving rise to uncertainty as to their nationality and even of their domicile. ï” Internally Displaced Persons : Enjoys nationality and domicile status but displaced due to armed conflict, foreign aggression, occupation, torture, terrorism or natura cause etc.,
- 11. UN Relief andWorks Agency for Palestine Refugees in Near East (UNRWA) ï” Established by General Assembly in 1949 to look after the interest of Palestine refugees in Near East. ï” It assists Arab refugees from Palestine by providing relief, education, training, health and other services. ï” Its mandate has been extended from time to time. ï” UNRWA is composed of a Commissioner-General as its head and a 10 member ADVISORY Committee to assist the Commissioner General in the performance of his duties.
- 12. UNHCR (OFFICE OFTHE UN HIGH COMMISSIONER FOR REFUGEES) ï” Established in the year 1949 by the General Assembly. ï” Provides protection and assistance to refugees, displaced persons, stateless persons and internees. ï” Advances the objectives of ARTICLE 14 OF UDHR,1948. ï” Earned Noble Peace Price twice. (1954 & 1981) ï” Replaced International Refugee Organisation (IRO), which was established in 1946 by the General Assembly to provide assistance & protection to the refugees of Nazi & Facist regimes.
- 13. LEGAL STATUS OFREFUGEES IN INDIA ï” India is not party to the 1951 Refugee Convention or its 1967 Protocol and does not have a national refugee protection framework. However, it continues to grant asylum to a large number of refugees from neighbouring States and respects UNHCRâs mandate for other nationals. ï” Article 1 para. 2 of the 1951 Convention defines the ârefugeeâ as âA person who owing to well- founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, unwilling to avail himself of the protection of that country.â ï” Article 21 of Indian Constitution which deals with Right to Life and personal liberty, applies to everyone irrespective of whether they are a citizen of India. Many judgements have been given based on Article 21 on refugees. Article 14 guarantees the person right to equality before the law. Article 5, 6, 7, 8, 9, 10,11,12, 20, 22,25-28, 32, 226 also available for non- citizens of India including Refugees.
- 14. LEGAL STATUS OFREFUGEES IN INDIA India does not have the specific legislation dealing with the problem of refugees and asylum seekers. At present, refugees were treated on par with the foreigners and all laws applied to foreigners are applied to them. 1. Passport (Entry into India) Act, 1920. 2. Passport Act, 1967. 3. Registration of Foreigners Act,1939. 4. Foreigners Act, 1946. 5. Foreigners Order, 1948.
- 15. CASE LAWS ï” TheHigh Court of Madras stated its unwillingness to compel Sri Lankan refugees to return to their homeland against their choice in the case of Gurunathan & Ors. v. Government of India & Ors. and in A.C. Mohd. Siddique v. Government of India & Ors. ï” In P. Nedumaran v. Union Of India, Sri Lankan refugees had asked the Madras High Court for a writ of mandamus ordering the Union of India and the State of Tamil Nadu to permit UNHCR officials to assess the refugeesâ willingness to return to Sri Lanka and to permit the refugees to remain in the camps in India who do not want to return.
- 16. ï” In SyedAta Mohammadi v. Union of India, the Bombay High Court ruled that "there is no question of expelling the Iranian refugee to Iran, as he is recognised as a refugee by the UNHCR." In conformity with the internationally recognised norms of ânon-refoulementâ of refugees to their place of origin, the Hon'ble Court also gave the refugee permission to travel to the country of his choosing. ï” The Supreme Court halted the deportation of Andaman Island Burmese refugees in Malavika Karlekar v. Union of India because "their claim for status of refugee was pending for adjudication and is also a prima facie case filed for grant of refugee status." According to the Supreme Court's ruling in the Chakma refugee case, no one's life or freedom can be taken away from them without following the proper legal procedures.
- 17. RESETTLEMENT Resettlement is thetransfer of refugees from an asylum country to another State, that has agreed to admit them and ultimately grant them permanent residence. Resettlement enables refugees to relocate to another country which has agreed to admit them with a legal status ensuring international protection and ultimately permanent residence. ï” UNHCR is mandated by its Statute and the UN General Assembly Resolutions to undertake resettlement as one of the three durable solutions. Resettlement is unique in that it is the only durable solution that involves the relocation of refugees from an asylum country to a third country.