UNHCR United Nations High Commissioner for Refugees International Law regarding Refugees Basic Principles Seminar on Migration Legislation Regional Conference

UNHCRUnited Nations High Commissioner for Refugees

International Law regarding Refugees

Basic Principles

Seminar on Migration LegislationRegional Conference on Migration

www.unhcr.org


Who is a Refugee?

Elements to Identify Persons who are Applying for Refugee Status and Refugees

in Migration Flows

www.unhcr.org


Training Objectives:

• Identifying which are the technical criteria for the definition of Refugee

•Knowing criteria to identify refugees in migration flows

•


Persons Protected by the State

• Nationals• Foreigners:

1. Tourists 5. Students2. Investors 6. Members of

the Diplomatic Corps

3. Migrants 7. Refugees4. Stateless Persons 9. Other categories of

migrant populations


Who Provides Protection?

•National Protection– States (within and outside national

territory)– Passport or Safe-Conduct– Consular Protection

• International Protection– States– UNHCR– Travel Document


Legal Framework for International Protection

• 1951 Convention relating to the Status of Refugees

• 1967 Protocol relating to the Status of Refugees

• National Legislation and Jurisprudence

• Statute of the Office of the United Nations High Commissioner for Refugees (UNHCR)

• Other sources of legislation (UNO, OEA, ExCom, etc.)


United Nations High Commissioner for Refugees

•Provide International Protection– Guarantee the effective enjoyment of

human rights in a subsidiary manner

• Search for Lasting Solutions– Voluntary Repatriation– Local Integration– Resettlement

•


Basic Principles of International Protection

1. Principle of Non-refoulement

1. No Sanctions for Illegal Entry

1. The Right of Asylum

1. No Discrimination


Who is a Refugee?


Women

Men

Seniors

Girls

Youth

Boys


Who is a Refugee?

• The acknowledgment of the refugee status is of a declarative and not a constitutive nature.

• The refugee status is determined by States. UNHCR can collaborate through technical assistance.

• UNHCR can also acknowledge the refugee status under its mandate.


Technical Criteria for Acknowledging the

Status of Refugee

• Inclusion Clauses

• Exclusion Clauses

• Cessation Clauses


Who is a Refugee?Inclusion Clauses

1. A Foreigner (outside his or her country of origin or usual country of residence)

*Difference between Refugees and Internally Displaced Persons



2. An individual who states having a “justified fear of persecution”

• Violation of basic rights (life, safety, freedom, integrity)

• An objective element (facts and situation stated)

• A subjective element (fears)

* Difference between Refugees and Migrants for Financial Reasons



3. Reasons:

• Race• Religion• Nationality• Membership in a Specific Social Group• Political Opinions



4. An absence or lack of national protection

• The State is unwilling to provide protection

• The State is unable to provide protection


Inclusion Clauses under the Definition of Refugee of the 1984 Cartagena Declaration on Refugees

• A Foreigner (who has fled his/her country)

• Life, safety, or freedom are endangered

• Due to specific objective conditions: General violence Foreign aggression Internal conflict Massive violation of human rights Other circumstances which seriously disrupt

public order


Who is NOT a Refugee?Exclusion Clauses

• Persons who do not require international protection

1. Individuals who are already being assisted by another United Nations agency/ organization

2. Individuals who have been acknowledged to enjoy the rights and obligations inherent to the nationality of the country of residence


Who is NOT a Refugee?Exclusion Clauses

• Persons who do not deserve international protection

1. Individuals who have committed a crime against peace, a war crime, or a crime against humanity

2. Individuals who have committed a serious common crime before entering the country where they are applying for refugee status

3. Individuals guilty of acts which are contrary to United Nations’ aims and principles


How is the Refugee Status Terminated?Cessation Clauses

Cessation clauses apply only to acknowledged refugees, and in those cases where continuing international protection is no longer justified


Cessation Clauses

1. If the refugee voluntarily accepts national protection

2. If the refugee voluntarily gets back his/her former nationality

3. If the refugee takes on another nationality and enjoys national protection provided by the new country

(cont.)


Cessation Clauses

4. If the refugees resettles in the country of origin or usual country of residence (stateless refugees)

5. If circumstances due to which the person was acknowledged as a refugee have disappeared in the country of origin

6. If circumstances due to which the person was acknowledged as a refugee have disappeared in the country of residence (stateless refugees)


Who is a Refugee?

• Persons who apply for refugee status and refugees are part of migration flows

• Migration and border authorities – including security forces – are responsible for identifying them in these migration flows and treating them appropriately


Who is a Refugee?

• Persons who apply for refugee status and refugees can be forced to enter the country illegaly and to use false identity documents

• Persons who are applying for refugee status and refugees need to be allowed to stay in the country where they are seeking protection while their application is being considered


Who is a Refugee?

• Persons who are applying for refugee status and refugees need to be referred to national bodies who are responsible for determining the refugee status in the country where they are seeking protection

• Persons who are applying for refugee status and refugees can be forced to be objects of trafficking and can be victims of trafficking in persons

• UNHCR can always be consulted should there be any questions

Documents

UNHCR United Nations High Commissioner for Refugees International Law regarding Refugees Basic Principles Seminar on Migration Legislation Regional Conference