Name – Pallavi Anand
Enrollment No. A8108309011 iB.A.LL.B. (H)
Amity Law School
PROJECT TITLE
Refugee Protection, International and Indian Prospectus
THE RESEARCH METHODOLOGY
The main purpose of my research is refugee protection. The sources material includes international law, international humanitarian law, universal human right and the laws related to refugee protection. I also refer various international and national journals such as International Journal on refugee condition, Oxford Journal etc. During research I find lots of landmark judgment on refugee protection that helps me to better understand the possible effective interpretation of various laws. Regional laws and rules and regulation are also part of my research.
ANALYSIS OF PROBLEM
There are lots of refugee protection laws, but that to there is grave violation of refugee’s right. I we say, we don’t need any refugee dedicated special law, our human right laws are such a wide enough that it contain the entire refugee right effectively, then that will not be any wrong in this saying. But then to we made special law for refugee protection, such as 1951 Convention of Refugee Protection, to make the rights of refugee more and more explicit.
If we examine then we will find that our law whether it be international or national are well drafted. It covers all possible type of protection. But on the stage of its implementation there is great failure on part of administer.
The main problem is international law is that it need ratification by state to it implementation. And the same is case of international refugee law. International law is binding on those states who ratify it, but after singing convention also parties made silly excuses to avoid its implementation.
DATA A...
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... land mark law 1951 convention related to Refugee Protection recently celebrated its 60th birthday that is a remarkable point. Law related to refugee protection develops rapidly on international as well as national level.
There is some problem in its implementation. It should be cure quickly. There is need of international authority and strong judicial system to implement this law. International law needs ratification by state to its implementation. That is the main problem. If all state adhere this law into their domestic law then that will be remarkable achievement for refugee law.
India is not a party to this convention, that to it is protector of millions of refugee. India should sine the 1951 convention. Though it guaranteed all the basis right to refugee in constitution and its domestic laws. There are many fundamental rights also for refugee protection.
One of the more disconcerting aspects of Bill C-31 is the newly adopted Designated Country of Origin (DCO) legislation which has permanently labeled particular nations as “safe”. Consequently, individuals claiming refugee status who originate from these countries no longer have the same rights and privileges afforded to their refugee counterparts from other nations (“Overview of C-31,” 2013). In turn, this has led to a dichotomy between those who view this change as necessary in order to diminish the influx of embellished and falsified refugee claims and those who view this policy as discriminatory and prejudiced towards people originating from certain nations.
The issue of human rights has arisen only in the post-cold war whereby it was addressed by an international institution that is the United Nation. In the United Nation’s preamble stated that human rights are given to all humans and that there is equality for everyone. There will not be any sovereign states to diminish its people from taking these rights. The globalization of capitalism after the Cold War makes the issue of human rights seems admirable as there were sufferings in other parts of the world. This is because it is perceived that the western states are the champion of democracy which therefore provides a perfect body to carry out human rights activities. Such human sufferings occur in a sovereign state humanitarian intervention led by the international institution will be carried out to end the menace.
U.S. immigration law is very complex, and there is much uncertainty as to how it works. The Immigration and Naturalization Act (INA), the body of law governing current immigration policy, provides for an annual worldwide limit of 675,000 permanent immigrants, with certain exceptions for close family members ("How the United States Immigration System Works: A Fact Sheet"). Around the world there are so many immigrants/refugees who are in the hunt for a fitter life. Some come from places where civil war occurs or some suffer economically trying to support their family. Knowing the fact that they are desperate to seek for a better life, the best option is to migrate to the U.S, the land of opportunities. The problem lies in the migration to the U.S. What are the quotas for new immigrants arriving to the U.S? What are the eligibility requirements to becoming a permanent citizen in the U.S? With much inquiry, this topic has become very intriguing. What people must understand is that
Although, asylum seekers and refugees are given a few options if they feel as though their rights are being breached, like they can apply to tribunals and courts to view their visa related decisions, they can also make a complaint to the Australian Human Rights Commission about their human rights being breached in immigration detention centres, yet they do not have control over who enters the country, the government is not obliged to comply with the recommendations that are made. Although the government has made few attempts to comply with the human rights obligations towards asylum seekers and refugees by introducing new policies and prioritising the safety of the children in these detention camps, there are currently still many breaches towards their rights that the government continues to adapt, therefore they are still constituting a breach of international law.
Center for the Study of Human Rights, Columbia University. (1994) Twenty-five Human Rights Documents. New York: Columbia University.
This has led organisations such as Refugee councils and Refugee Action
As a signatory to the UN 1951 refugee convention, we have already agreed, not to return asylum seekers or to detain them indefinitely. In 2001, the Tampa incident brought disrepute to us as we failed to take the right action. Another wave of backlash irrupted when Indonesian fishing vessel codenamed SEIV X sank in northern waters. The UN is highly critical on the practice of mandatory detention over long periods. As a law abiding nation, we need to keep our citizens well informed of our obligations under UN convention so that we can collectively meet our obligations in true spirit. Once Australians realise that we are providing over 200,000 migrant visas annually and the asylum seekers would occupy less than 2% of it and irrespective of the fears mongered by politicians, almost 93% of asylum seekers who arrived by boat in the have been recognized as “genuine” refugees by Australian authorities and the popular “country shoppers” or “economic migrant” stories do not represent the reality, it is not difficult to develop a national consensus on this ongoing, unavoidable issue in an overpopulated world with a massive imbalance in resource
Today, there are over 65 million refugees in the world. That means that one in every 113 people in the world is a refugee. To many, this number may seem extremely alarming. Many refugees struggle to find a place to resettle. America, along with other developed countries, has often been considered dreamland for these displaced people, making many wanting to get out of their war-torn houses and camps. Refugees immigrating to America have been displaced from their original homes, face frustrating immigration policies, and have difficulties starting a new life in a new land.
According to the 1951 Refugee Convention, refugee is a term applied to anyone who is outside his/her own country and cannot return due to the fear of being persecuted on the basis of race, religion, nationality, membership of a group or political opinion. Many “refugees” that the media and the general public refer to today are known as internally displaced persons, which are people forced to flee their homes to avoid things such as armed conflict, generalized violations of human rights or natural and non-natural disasters. These two groups are distinctly different but fall ...
Those who do not fear persecution are not considered in this definition, for instance, people escaping from natural disasters, because they do not have a fear of persecution. In addition, even though the individuals do face persecution, they are not considered as refugees if they are not ‘on the basis of’ of one of the protected grounds. Even those who face persecution on the basis of a protected ground, they cannot be declared as refugees because they are not outside their country of citizenship. The most controversial notion is that those who have been driven from their homes but who have not crossed international borders, so-called ‘Internally Displaced Persons’ (IDPs), are not in the definition of refugee, even though they have all the characteristics of a refugee except that they have not crossed an international border. The UNHCR has played their part in helping such persons in the last thirty or so years, but has still not considered them as refugees which makes them hard to have full benefits of what refugees should get. Hence, Lister aims to portray that these restrictions have a rational
States ratify human right treaties to enter into agreements and commit each other to respect, protect and fulfill human rights obligations. However, the adherence to human rights treaties is not ensured by the same principle of reciprocity instead to ensure compliance, collective monitoring and enforcement mechanisms were introduced.8 International organizations and treaty ...
This essay considers that the violation of human rights can indeed be address by extraterritorial jurisdiction throw the human rights legal framework, mainly throw treaties as showed jurisprudence.
Indeed, human right is never just a legal matter as it also involves moral principles to justify its inalienable and non-transferable status. UDHR preamble states that human right is the “recognition of the inherent dignity”. That means we are entitled to human rights because we have inherent values to be pursued and realized. Human rights are originated in ourselves, but not conferred by law or others. If a society does not recognize those aforementioned justifications, human rights would be unsupported and a...
Public International law International law contains of rules and principles, which preside over the relations and communication of nations with each other. International Law that is in most other countries referred to as Public International Law concerns itself only with questions of rights among more than a few nations or nations and the citizens or subjects of other nations. In dissimilarity, Private International Law deals with controversies among confidential persons, natural or juridical, arising out of situations having important association to further than one nation. In current years the line up connecting public and private international law have became more and more doubtful. Issues of private international law may also associate issues of public international law and numerous matters of private international law nave considerable meaning for the international group of people of nations. International Law consists of the basic, classic concepts of law in nationwide legal systems, status, property, responsibility, and tort. It also includes substantive law, procedure, process and remedies. International Law is rooted in receipt by the nation states, which comprise the system. Customary law and conventional law are primary sources of international law. Customary international law results when states trail convinced practices usually and time after time out of an intelligence of legal responsibility. Lately the customary law was codified in the Vienna Convention on the Law of Treaties. Conventional international law derives from international agreements and may obtain any appearance that the constricting parties have the same opinion upon. Agreements may be complete in admiration to any substance except for to the leve...
...onal human rights law and international humanitarian law, as well as the development within international criminal law needed to enforce IHRL and IHL and the international criminal law itself, and criminal law traditionally imposes obligation on individuals, and duties on states to sanction violations committed by individuals.