HUMAN RIGHTS OF REFUGEES
Dr. Tanmoy Mukherji
Advocate
HUMAN RIGHTS OF REFUGEES-
Tanmoy Mukherji
Advocate
Meaning of Refugee-
A refugee is a person who is forced to flee his or her country due to:
→Persecution
→Armed conflict
→Foreign aggression
→Internal disturbances
→Gross violation of human rights
Legal Definition-
Article 1(A)(2), 1951 Refugee Convention defines a refugee as a person who has a well-founded fear of persecution on grounds of:
Historical Background-
→Post-World War II, millions were displaced.
→UN recognized refugee protection as a human rights issue.
→UNHCR was established in 1950.
→1951 Refugee Convention adopted to provide legal protection.
Sources of Human Rights of Refugees-
(A) International Refugee Law
→1951 Refugee Convention
→1967 Refugee Protocol
(B) International Human Rights Law
→UDHR, 1948
→ICCPR, 1966
→ICESCR, 1966
→Convention Against Torture (CAT), 1984
→Convention on the Rights of the Child (CRC), 1989
(C) International Humanitarian Law-
→Geneva Conventions (during armed conflict)
Fundamental Human Rights of Refugees-
Right to Life and Personal Liberty-
→Article 3, UDHR.
Arbitrary detention-
→Includes right to live with human dignity.
→Principle of Non-Refoulement (MOST IMPORTANT)
→Article 33, 1951 Convention
Expulsion-
→Forced return Even applies to non-signatory states as customary international law.
Right to Seek and Enjoy Asylum-
→Article 14, UDHR
Protection against Discrimination-
→Article 3, 1951 Convention
Freedom of Movement-
→Refugees may choose their place of residence subject to law.
Right to Work and Livelihood-
→Articles 17–19, 1951 Convention
Right to Education-
→Article 22, 1951 Convention
Right to Health and Social Security-
→Medical care and public relief.
Right to Housing and Property-
→Access to housing on par with aliens.
→Protection from forced eviction.
Right to Family Unity-
→Families should not be separated.
→Family reunification recognized as a humanitarian principle.
→Right to Identity, Nationality and Travel Documents
→Articles 27 & 28
Access to Justice-
→Article 16, 1951 Convention
Rights of Refugee Children-
→Governed by CRC, 1989
Rights of Women Refugees-
Obligations of Refugees-
Refugees and Human Rights in India-
→Legal Position
→India not a party to 1951 Convention.
Important Case Laws-
Role of UNHCR-
Functions:
→Legal protection
→Refugee status determination
→Humanitarian assistance
Durable solutions:
→Voluntary repatriation
→Local integration
→Resettlement
Contemporary Challenges-
→Statelessness
→Climate refugees
→Mass displacement
→Xenophobia
→Security concerns
Refugees are not illegal migrants but victims of human rights violations. Protection of refugee rights is a legal duty, moral obligation and humanitarian necessity. Human rights of refugees are inseparable from the right to human dignity and survival.
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