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Protection Indication Programme (Refugee (the 1951 convention defines the…
Protection Indication Programme
December 1949 creation of UNHCR
1951 CONVENTION Relating to the status of refugee was adopted by the united nation general assembly. together with its 1967 protocol it remain the cornerstone of the international legal framework to protect the world's refugee
The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention, is a United Nations multilateral treaty that defines who is a refugee, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. The Convention also sets out which people do not qualify as refugees, such as war criminals. The Convention also provides for some visa-free travel for holders of travel documents issued under the convention. Although the Refugee Convention was agreed in Geneva, it is considered incorrect to refer to it as "the Geneva Convention" because that term is more widely understood as referring to any of four treaties regulating armed conflict.
The Protocol Relating to the Status of Refugees is a key treaty in international refugee law which entered into force on 4 October 1967. 146 countries are parties to the Protocol.
Where the 1951 United Nations Convention Relating to the Status of Refugees had restricted refugee status to those whose circumstances had come about "as a result of events occurring before 1 January 1951", as well as giving States party to the Convention the option of interpreting this as "events occurring in Europe" or "events occurring in Europe or elsewhere", the 1967 Protocol removed both the temporal and geographic restrictions. This was needed in the historical context of refugee flows resulting from decolonization. However, the Protocol gave those states which had previously ratified the 1951 Convention and chosen to use the geographically restricted definition the option to retain that restriction.
UNHCR Proteciton Mandate
When goverments are unable to unwilling to protect their citizens from presecution, people seek the proteciton of other countries. UNHCR has the responsibility to work with countries in protecting these uprooted people and finding solution for them
works under the authority of the UN general Assembly and follows policy directives given by the general Assembly and the economic and social council (ECOSOC)
UNHCR is governed by the Executive commitee of the Hi
International Protection
International Protection includes a range of concrete activities that ensure that all women, men, girls and boys of concern to UNHCR have equal access to and enjoyment of their rights in accordance with international law
Protection Activites
Non - Refoulement
ensuring that countries admit and register asylum -seeker and refugees and that they are not forcibly sent back to their countries
The principle of non- refoulement is part of customary international law and is binding on all countries, whether or not they have signed on to the 1951 refugee convention
Determining who is a refugee under its own mandate and assisting government in determining who is a refugee
Responsibility to provide International protection
Governments are primary responsible for protecting the human rights of all people on their territory, all POC's
UNHCR work with goverment and internal commuinty at large to ensure that POC are able to live in dignifiedda and stable conditons and are able to exercise their basic human rights
UNHCR is not a substitute for government responsibility
NGO'S
IS often supported by the work of NGO that work closely with governments and UNHCR in ensuring that refugees and other persons of concern are propely protected
Refugee
the 1951 convention defines the term refugee as a person who has a well - founded fear of persecution for one or more of the following reasons
Race
Religion
Nationality
Member of particular social group
Political opinion
the OAU convention governing the specific aspects of refugee problem in Africa 1969
Not refugees
if protected by UN AGENCY
if treated like a they were national of hosting country
War crimes , crimes against humanity , peace , serious non political crimes or acted against the purpose of and principles of the UN
Refuge status is temporary -- when protection is no longer necessary or justified for reasons set out in the 1951 refugee convention
when refugees flee in large number they are recognized as refugee on a prima facie basis and d no have to undergo individual refugee status determination
Stateless persons
1954 convention, which amis to ensure a basic standard of treatment for all stateless persons
1961 convention on the reduction of statelessness
IDP
1998 , UN adopted the guiding principles on internal diplacments. The guiding are not biningin on countries but they set standard to which many countries refer when protecting IDP
The Legal Framework - there are four main bodies of law protects the right of POC to UNHCR addressed in this module
International Refugee law
the 1951 refugee convention was strengthened by a 1967 protocol that made the provisions of the convention applicable to a broader range of refugee situations.
1967 protocol are
Non refoulement
refugees can only be expelled from a country of asylum if their presence is a serious threat to national security or public order
their should be not discrimination in the protection offered to Women, men, girls and boys b/c of their race , religion, nationality or gender.
Refugee should not be penalized for entering or being persent in a country illegally as long as they make their presence known to the authorities without delay
1951 states that
it should not be a cause of tension b/n countries
goverment should cooperate with UNHCR
International cooperation is essential for finding solutions to the problem of refugees
the right to documentation, access to work, public education, access to the courts, freedom of movement, freedom of practice religon among other concerns..
international refugee law does not address all problem relating to the protection of refugee. however when applied together with human rights law and international humanitarian law they provide a comprehensive frame work to protect POC to UNHCR
1969 OAU convention governing the specific aspect of refugee problem in africa
regional instrument
International Human right law
international human right law and international protection
international human right law is the basis for refugee law in particular artical 14 Universal declaration of human rights
Prevent human right violations
Protect everyone
Protecting uprooted people
Protection of women
Protection of children
International Humanitarian law
National law
Quality of protection
Legal Safety
- equally protected through documentation or receiving the protection of police
Physical Security
Materiel Security
Religious and cultural security
Durable solutions