International refugee law – Essay Example

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The 1951 UN convention relating to the status of refugees defines a refugee as an individual who “owing to a 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 to or, owing to such fear, is unwilling to avail himself of the protection of that country or return there because there is a fear of persecution. ..”2 For a refugee status to attach to an individual, the person should be outside his country of nationality or residence and is unable or unwilling to return home due to well established fear of being persecuted based on their beliefs, race, religion, political opinion or membership to a particular group.

The definition of the convention does not include internally displaced people, those fleeing natural disasters, individuals fleeing general violence and stateless individuals not outside their country. 3 Countries, especially in Africa, facing displacement as a result of armed conflict did not find the convention to adequately provide for the definition of a refugee and consequently extended the status of refugees under the 1969 OAU Convention.

The extension sought to include as refugee individuals who “owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality, is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality. ”4 Key assistance agencies for refugees The central role in the protection of refugees is taken by the United Nations High Commission for Refugees (UNHCR). The agency was created in 1951 to assist in the protection of refugees internationally.

The main objective of the organization is to ensure that all individuals can enjoy the right to seek asylum and find refuge in another country. The most essential task of the agency is to encourage states to adopt flexible and fair processes that support fair and effective refugee legislation. When the agency was established, the material aspects of refugee relief, such a food and housing were left to the state that granted asylum, but with the increase in the number of refugees in less developed countries, the agency has adopted the role of coordinating material assistance. 5 Although coordinating material assistance was not part of the original mandate of the UNHCR, this role has become one of its major functions together with the protection and promotion of solutions for refugees.

Bibliography

Betts A and Gil L, Refugees in international relations (Oxford University Press 2010)

Esq Z, ‘PROTECTING RECOGNIZED GENEVA CONVENTION REFUGEES OUTSIDE THEIR STATES OF ASYLUM’ (2012) 24 International Journal of Refugee Law

Girard F and Wilhelmina W, ‘Ensuring the reproductive rights of refugees and internally displaced persons: legal and policy issues’ (2000) International Family Planning Perspectives 167

Gorlick B, ‘Human rights and refugees: enhancing protection through international human rights law’ (2000) 69 Nordic journal of international law 117

Hathaway J, The rights of refugees under international law (Cambridge University Press 2005)

Ife J, Human rights and social work: Towards rights-based practice. (Cambridge University Press 2012)

Kirui P and Mwaruvie J, ‘The Dilemma of Hosting Refugees: A Focus on the Insecurity in North-Eastern Kenya’ (2012) 3 International Journal of Business and Social Science 161

Klopp J, ‘Refugees, the State and the Politics of Asylum in Africa’ (2011) 110 African Affairs 503

Kumssa Asfaw and John J, ‘Human security issues of Somali Refugees and the host community in Northeastern Kenya’ (2014) 12 Journal of Immigrant & Refugee Studies 27

Langford M, et al., Global Justice, State Duties: The Extraterritorial Scope of Economic, Social, and Cultural Rights in International Law (Cambridge University Press, 2012)

Lewis C, UNHCR and international refugee law: from treaties to innovation (Routledge 2012)

Lindley Anna, ‘Seeking solutions to Somali displacement in Kenya: current and potential policy approaches’ (2011) 67 Development Viewpoint

LindleyA, ‘Between a protracted and a crisis situation: policy responses to Somali refugees in Kenya’ (2011) 30 Refugee Survey Quarterly 14

Lomo Z, ‘Struggle for Protection of the Rights of Refugees and IDPs in Africa: Making the Existing International Legal Regime Work’ (2000) 18 The’ Berkeley J. Intl L 268

Maingi Joy and Kenneth Omeje, ‘Policing Refugees in Fragile States: The Case of Kenya’ (2012) 73 Policing in Africa

Niklaus S, Gibney M and Loescher G, Problems of protection: The UNHCR, refugees, and human rights (Routledge 2013)

Nyers P, Rethinking Refugees: Beyond State of Emergency (Routledge 2013)

Smith R, Text and Materials on International Human Rights (Routledge-Cavendish 2013)

Verdirame G, ‘Human Rights and Refugees: The Case of Kenya1’ (1999) 12 Journal of Refugee Studies 54

Viljoen F, International human rights law in Africa (Oxford University Press 2012)

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