Overseeing the Refugee Convention: General Comments

2001 ◽  
Author(s):  
Elizabeth Marsh
Keyword(s):  
Refugee Convention

Asylum-seekers falsely implicating themselves in international crimes: Should they be informed of the existence of Article 1F of the Refugee Convention?

2014 ◽  
Vol 12 (1) ◽  
pp. 91-101
Author(s):  
Brian Moore ◽  
Joris van Wijk
Keyword(s):  
The Netherlands ◽  
Case Studies ◽  
Asylum Seekers ◽  
Refugee Convention ◽  
International Crimes ◽  
Refugee Claim ◽  
The Uk ◽  
National Governments

Case studies in the Netherlands and the UK of asylum applicants excluded or under consideration of exclusion pursuant to Article 1Fa of the Refugee Convention reveal that some applicants falsely implicated themselves in serious crimes or behaviours in order to enhance their refugee claim. This may have serious consequences for the excluded persons themselves, as well as for national governments dealing with them. For this reason we suggest immigration authorities could consider forewarning asylum applicants i.e. before their interview, about the existence, purpose and possible consequences of exclusion on the basis of Article 1F.

What Do We Mean by Protection?

2013 ◽  
Vol 20 (2) ◽  
pp. 233-262 ◽  
Author(s):  
Dallal Stevens
Keyword(s):  
United Nations ◽  
The State ◽  
Refugee Policy ◽  
International Protection ◽  
Refugee Convention ◽  
United Nations High Commissioner ◽  
High Commissioner

Protection is arguably the raison-d’être of refugee policy. Yet, surprisingly, the meaning of protection is not without ambiguity. ‘Domestic protection’ can be distinguished from ‘international protection’; the sense attributed to protection within the 1951 Refugee Convention contrasts with that of the 1950 United Nations High Commissioner for Refugees (UNHCR) Statute. Equally, how the state interprets its protective obligations departs frequently from the practice of humanitarian organisations. Alongside such differences, there has been a proliferation of protection concepts in recent years which, far from improving understanding, have added unnecessary confusion and undermined the fundamental purpose of protection. This article considers the language of ‘protection’ within the refugee field and argues that protection proliferation must now be addressed and reversed.

At 70, has the 1951 Refugee Convention seen its day?

2021 ◽  
Vol 59 (3) ◽  
pp. 245-247
Author(s):  
Metin Çorabatır ◽  
Hale Özen
Keyword(s):  
Refugee Convention

Recourse to Human Rights Treaty Bodies for Monitoring of the Refugee Convention

2002 ◽  
Vol 20 (1) ◽  
pp. 53-74 ◽  
Author(s):  
Saul Takahashi
Keyword(s):  
Human Rights ◽  
Monitoring Methods ◽  
Refugee Convention ◽  
Body Model ◽  
Number Of Factors ◽  
The World ◽  
Monitoring Mechanism ◽  
The Status ◽  
Treaty Body ◽  
Refugee Issues

Nearly all human rights conventions adopt the treaty body model to monitor states parties' implementation of their treaty obligations. This monitoring mechanism provides for a quasi judicial committee, far detached from sites of many of the human rights violations it reviews. On the other hand, there is no such treaty body for the 1951 Convention relating to the Status of Refugees. Rather, there is the UNHCR; a large operational agency with offices all over the world, including in sites of refugee emergencies. Effective monitoring of human rights conventions would seem to require a number of factors, including independence and transparency. Legitimate monitoring would have to be strong, and would have to be seen to be strong. Criticism raised in recent years of UNHCR's monitoring methods are largely based on frustration with these points. This paper will examine these issues, and also examine whether recourse to the treaty bodies really provides an adequate remedy for refugee rights. The argument of this paper is that while the UNHCR's monitoring of the Refugee Convention is problematic in many respects, the monitoring of refugee issues by the treaty bodies is in many ways incomplete and inconsistent, and that the treaty body model does not provide refugee advocates with a comprehensive solution.

scholarly journals The 1969 African Refugee Convention: Innovations, Misconceptions, and Omissions

2013 ◽  
Vol 58 (1) ◽  
pp. 95-147 ◽  
Author(s):  
Marina Sharpe
Keyword(s):  
Economic Rights ◽  
Refugee Convention ◽  
Common Misconception ◽  
The Common ◽  
African Refugee ◽  
Critical Overview

This paper provides a critical overview of the 1969 African refugee convention, beginning with a survey of its legal innovations. It then addresses the most misunderstood of them—the unique refugee definition—in depth, with an emphasis on dispelling the common misconception that it is particularly expansive. Finally, it investigates the 1969 Convention’s silence regarding refugees’ civil and political, and socio-economic rights, and how it works as the “regional complement” to the 1951 global refugee convention in that regard.

Climate Displacement and the Legal Gymnastics of Justice: Is It All Political?

2021 ◽  
Vol 35 (2) ◽  
pp. 303-312
Author(s):  
Andrea C. Simonelli
Keyword(s):  
Climate Change ◽  
International Law ◽  
Legal System ◽  
Legal Analysis ◽  
Refugee Convention ◽  
Legal Remedy ◽  
The Future ◽  
Law And Justice ◽  
International Instruments

AbstractThe future for people becoming displaced due to climate processes is still unknown. The effects of climate change are more apparent every day, and those most acutely impacted are still unable to access an appropriate legal remedy for their woes. Two new books evaluate the limits to international legal protections and the application of justice. Climate Change, Disasters, and the Refugee Convention, by Matthew Scott, investigates the assumptions underpinning the dichotomy between refugees and those facing adversity due to climate-induced disasters. Climate Change and People on the Move: International Law and Justice, by Fanny Thornton, goes further by examining how justice is used—and curtailed—by international instruments of protection. Thornton's legal analysis is thorough and thoughtful, but also demonstrative of the limitations of justice when confined by historical precedent and political indifference. With so little still being done to hold industries to account, is it any surprise that the legal system is not yet ready to protect those harmed by carbon pollution? Demanding justice for climate displacees is an indictment of modern Western economics and development; it implicates entire national lifestyles and the institutions and people that support them.

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