International Refugee Law

International Refugee Law

International law: the refugee

See International law and refugee conventions: States parties

1. International Instruments

Basic instruments

1946 Constitution of the International Refugee Organization Extracts
1948 Universal Declaration of Human Rights Extracts
1950 Statute of the Office of the United Nations High Commissioner for Refugees
1951 Convention Relating to the Status of Refugees
1967 Protocol relating to the Status of Refugees
1967 United Nations Declaration on Territorial Asylum
1984 United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Extracts
1989 United Nations Convention on the Rights of the Child Extracts
1987 Constitution of the International Organization for Migration
10. 2001 Declaration of States Parties to the 1951 Convention and/or its 1967
Protocol relating to the Status of Refugees

Universal

Two principal conventions govern international refugee law matters: the 1951 Convention Relating to the Status of Refugees , and its 1967 Protocol. The Convention sets out the rights of Refugees and the standards for their treatment in the countries that receive them. It defines “refugee”in Article 1A(2) as,

…[A]ny person who…owing to 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 [or her] nationality and is unable or, owing to such fear, is unwilling to avail himself [or herself] of the protection of that country … .

Because the definition requires that a person be outside his or her country, it effectively excludes internally displaced persons from receiving international protection. Moreover, because it focuses on individualized persecution, it does not recognize situations of generalized violence (such as wars), natural disasters, and large-scale development projects as legitimate causes of flight.

The Protocol was drafted to remove the geographic and time limitations of the earlier instrument, the incorporation of which reflected the post-World War 2 context in which the Convention was framed. Otherwise, it retains the same language as that used in the Convention.

It is important to note that neither instrument makes any direct reference to the concept of asylum; lawful admission, and the conditions under which it is granted, remains the discretion of States. Instead, the Convention provides for the principle of non-refoulement, found in Article 33, which stipulates that “No Contracting State shall expel or return (‘refouler’) a refugee in any manner whatsoever to…territories where his (or her) life or freedom would be threatened… .”

To review commentary on and the Travaux Préparatoires for the 1951 Convention, see:

Goodwin-Gill, G., Convention relating to the Status of Refugees , Geneva, 28 July 1951; Protocol relating to the Status of Refugees, New York, 31 January 1967, Audiovisual Library of International Law, 2008

Grahl-Madsen, A., Commentary on the Refugee Convention 1951: Articles 2-11, 13-37, UNHCR, 1963 (re-published 1997)

Travaux Préparatoires: Records of the 1951 Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons (organized in reverse chronological order)

Travaux Préparatoires (organized chronologically)

The Convention celebrated its 50th anniversary in 2001. Resources that examine and/or comment on its impact over the past 50 years include:

Couldrey, M. and T. Morris, eds., “UNHCR and the Convention at 50: Fighting Fit or in Need of a By-Pass?” , Forced Migration Review, no. 10, 2001

ICRC, ed., “50th Anniversary of the 1951 Refugee Convention: The Protection of Refugees in Armed Conflict,” International Review of the Red Cross, no. 843, 2001

Rehn, E., ed., “UNHCR: The First Fifty Years,” Refuge: Canada’s Periodical on Refugees, vol. 19, no. 5, 2001

Tomasi, L., ed., “UNHCR at 50: Past, Present and Future of Refugee Assistance,” International Migration Review, vol. 35, no. 133, Spring 2001

UNHCR, “50th Anniversary 1951 Convention,” Refugees Magazine, vol. 2, no. 123, 2001 Web page

Regional

Two regional instruments, the 1969 Organization for African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa and the 1984 Cartagena Declaration on Refugees, reaffirmed the basic principles of the Convention and Protocol, but expanded the definition of refugee to more realistically account for contemporary root causes of flight, i.e., war, internal conflict, massive human rights abuses, etc.

For further discussion of the role these instruments have played in the development of international refugee law, see:

ACNUR, Memoria del Vigésimo Aniversario de la Declaración de Cartagena sobre los Refugiados (1984-2004), 2005

Bond Rankin, M., “Extending the Limits or Narrowing the Scope? Deconstructing the OAU Refugee Definition Thirty Years On,” New Issues in Refugee Research, no. 113, 2005

Namihas, S., ed., Derecho Internacional de los Refugiados, Fondo Editorial de la Pontificia Universidad Católica del Perú, 2001

Okoth-Obbo, G., “Thirty Years on: A Legal Review of the 1969 OAU Refugee Convention Governing the Specific Aspects of Refugee Problems in Africa,” Refugee Survey Quarterly, vol. 20, no. 1, 2001

Main regional instruments are:

1. 1969 Convention on the Specific Aspects of Refugee Problems in Africa
2. 1981 African Charter on Human and Peoples’ Rights
3. 1954 Caracas Convention on Territorial Asylum
4. 1954 Caracas Convention on Diplomatic Asylum
5. 1969 American Convention on Human Rights
6. 1981 Inter-American Convention on Extradition
7. 1984 Cartagena Declaration on Refugees
8. 1950 European Convention on Human Rights and Fundamental Freedoms
9. 1963 Protocol No. 4 to the European Convention on the Protection of Human Rights and Fundamental Freedoms
10. 1957 European Convention on Extradition
11. 1975 Additional Protocol to the European Convention on Extradition
12. 1977 European Convention on the Suppression of Terrorism
13. 2000 EU Charter of Fundamental Rights
14. 2001 EU Council Directive on Temporary Protection
15. 2001 EU Council Common Position on Combating Terrorism
16. 2003 EU Council Directive on the Reception of Asylum Seekers
17. 2003 EU Council Regulation on the Criteria and Mechanisms for Determining
the Member State responsible for Examining an Asylum Application
18. 2003 EU Council Directive on the Right to Family Reunification
19. 2004 EU Council Directive on Qualification and Status as Refugees or Persons otherwise in need of International Protection
20. 2005 EU Council Directive on Minimum Standards on Procedures for granting
and withdrawing Refugee Status

Human Rights and Humanitarian Law

The plight of refugees is fundamentally a human rights issue. Human rights Treaties are therefore effective tools to use in the international protection of refugees, particularly the 1984 Convention against Torture, which provides for the principle of non-refoulement in Article 3. Similarly, prohibitions against torture in the 1966 International Covenant on Civil and Political Rights (Article 5) and the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 3) have been invoked to protect refugees from being refouled. Elsewhere, the 1969 American Convention on Human Rights promotes the right to seek and be granted asylum in Article 22(7).

For more discussion of these and other protections, see:

Franco, L. et al., El asilo y la protección Internacional de los refugiados en América Latina: Análisis crà­tico del dualismo “asilo-refugio” a la luz del Derecho Internacional de los Derechos Humanos, UNHCR, 2004

Gorlick, B., “Human Rights and Refugees: Enhancing Protection through International human rights law ,” New Issues in Refugee Research, no. 30, 2000

McAdam, J., “The Refugee Convention as a Rights Blueprint for Persons in Need of International Protection,” New Issues in Refugee Research, no. 125, 2006

Mole, N., Asylum and the European Convention on Human Rights , Council of Europe, 2000

Rühl, K., “Fleeing Violence and Poverty: Non-refoulement Obligations under the European Convention of Human Rights,” New Issues in Refugee Research, no. 111, 2005

UNHCR Manual on Refugee Protection and the ECHR, 2003, updated August 2006

The scope of humanitarian law as set out in the Geneva Conventions also extends to refugees. For a more thorough overview, see:

ICRC, Refugees and Internally Displaced Persons and International humanitarian law

Program on Humanitarian Policy and Conflict Research, International humanitarian law Research Initiative (free registration required)

Society of Professional Journalists, Reference Guide to the Geneva Conventions

Selected International Law Collections

ICRC, International Humanitarian Law Database

OHCHR, International human rights law

UN, Treaty Collection

UNHCR, Collection of International Instruments and Other Legal Texts Concerning Refugees and Others of Concern to UNHCR, 4 vols., June 2007

UNHCR, Refworld Legal Collection (under “Type,” select “Multilateral Treaties /Agreements” and/or “International Legal Instruments” )

2. International Bodies

United Nations High Commissioner for Refugees (UNHCR)

UNHCR is the principal UN agency mandated to provide assistance and international protection to refugees and other persons of concern, and to find solutions to their plight. Traditionally, these solutions have taken the form of asylum, resettlement, and voluntary repatriation. UNHCR’s Statute includes a very similar definition of “refugee”as the 1951 Convention. However, over time, UNHCR’s mandate has been expanded by the UN General Assembly and Economic and Social Council to cover other groups in “refugee-like”situations that normally would not fall within the office’s competence (including some internally displaced persons).

UNHCR’s Department of International Protection publishes a variety of materials that provide guidance on and analysis of legal issues relating to refugees and asylum. Most are available on the organization’s Web site. A few key UNHCR titles and aggregated sets of resources are highlighted below:

Convention Plus (initiative to enhance refugee protection and resolve problems through discussion and negotiation among relevant States)

Global Consultations on International Protection (series of meetings held in 2001 and 2002 with the aim of strengthening refugee protection)

Handbooks and Guides (includes, inter alia, 1) analyses of specific provisions within the 1951 Convention presented as “Guidelines on International Protection” ; and 2) the Handbook on Procedures and Criteria for Determining Refugee Status, originally produced by UNHCR in 1979 and widely cited by courts and decision-making bodies)

Legal and Protection Policy Research Series (includes discussion papers and background papers from expert meetings produced by various legal advisors)

Executive Committee of the High Commissioner’s Programme (EXCOM)

Gaps in refugee protection have been addressed largely through the Executive Committee of the UN High Commissioner for Refugees (EXCOM), a body comprised of 76 governments that meets annually in Geneva. Each year, members discuss a variety of issues relating to international protection and adopt conclusions. While these conclusions lack the force of law, they carry some weight because they represent a consensus reached in an international forum. Key documents that emanate from EXCOM meetings include the Conclusions on International Protection, annual Notes on International Protection, and background papers prepared by the Executive Committee’s Standing Committee.

United Nations Relief and Works Agency (UNRWA)

The 1951 Convention includes a clause stipulating that its provisions do not extend to persons already being assisted by other UN organs. Therefore, a separate legal machinery has evolved to address the situation of Palestinian refugees, as they fall under the mandate of UNRWA. For more information, visit UNRWA’s Web site.

3. National Legislation

States parties to the 1951 Convention and 1967 Protocol implement the treaties’ provisions in their national laws. Usually, these texts are supplemented by more detailed administrative procedures that spell out the process for seeking asylum, i.e., interviewing, providing evidence, appealing a negative decision, etc. The main resource for relevant national legislation and regulations on asylum and refugees is UNHCR’s legislation database (under “Type,” select “National Legislation” ). Alternatively, researchers can go directly to government immigration web sites, which often include links to legislation and a description of asylum procedures. Other resources that link to or provide overviews of the asylum and refugee policy practices of different countries include:

ECRE, Weekly Bulletin (these cover both EU-wide developments and national developments)

Migration Dialogue, Migration News (quarterly summary of key news and policy developments around the world)

U.S. Committee for Refugees, World Refugee Survey (annual report with brief summaries of legal and policy developments in receiving countries; view complete reports or select individual countries from the “Refugee Conditions by Country” feature)

4. Case Law

The five enumerated grounds of the refugee definition as set out in the 1951 Convention and 1967 Protocol are often the subject of great debate; this in turn has led to different interpretations across jurisdictions. Legal researchers can access relevant case law either via Refworld’s Legal Collection or the Refugee Caselaw site. Decisions originate from 45 national jurisdictions in the former and from 28 countries in the latter.

Additional case law resources:

UNHCR Compilation of Case Law on Refugee Protection in International Law, 2008

UNHCR’s Refworld: Case Law Collection User Guide, 2009

Recently, calls have been made for “gender”to be included as a sixth ground in the refugee definition. Visit the Center for Gender and Refugee Studies for texts of gender-related asylum case law.

5. Periodicals

Oxford University Press’ quarterly International Journal of Refugee Law is the foremost journal in this subject area. However, other titles that carry relevant articles include:

European Journal of Migration and Law (Martinus Nijhoff)

Georgetown Immigration Law Journal (Georgetown University Law Center)

International Review of the Red Cross (International Committee of the Red Cross)

Plein droit (Groupe d’information et de soutien des immigrés)

Revue du droit des étrangers (Association pour le droit des étrangers)

6. Experts/Networking

The following resources may assist asylum seekers who require legal representation and/or general information about the asylum process:

Asylumlaw.org (provides a detailed section on “Information for Asylum-Seekers,” as well as a database of attorneys and Expert Witnesses for registered users)

UNHCR (provides instructions for contacting UNHCR field offices electronically)

Several organizations promote networking among refugee/immigration law advocates and/or offer opportunities to serve as pro bono attorneys. Examples include:

American Immigration Lawyers Association (professional association)

Asylum Legal Representation Program (information on how to become a pro bono volunteer in the U.S.)

Electronic Information Network (membership network that provides information on immigration and refugee law)

ELENA: European Legal Network on Asylum (facilitates networking and training)

Immigration Law Practitioners’ Association (professional association in the UK)

International Association of Refugee Law Judges (professional association)

7. Research Guides/Collections

For research tips, relevant articles, legal analyses, and refugee law treatises, refer to the following resources:

CALS Asylum Case Research Guide (prepared by Georgetown University Law Center)

FMO Research Guide: International Law and Legal Instruments (prepared by Forced Migration Online)

Refugee Law Research Guide (prepared by UC Berkeley Law library )

Forced Migration Digital Library (provides access to full-text documents; for example, search on >law< in the subject field on the advanced search form

)

Further reading

Table of contents of The Refugee in International Law:

Topic 1 The Refugee in International Law
1. Introduction
2. The refugee in international law and the practice of the
United Nations Security Council
3. The refugee in national and international law
4. Protection
PART 1: REFUGEES
Topic 2 Refugees Defined and Described
1. Refugees
2. Refugees defined in international instruments 1922-46
3. Refugees for the purposes of the United Nations
3.1 Statute of the United Nations High Commissioner for
Refugees (UNHCR)
3.2 Development of the statutory definition and extension of
the mandate
3.3 Responsibility for internally displaced persons
4. Refugees in the sense of the 1951 Convention and the 1967
Protocol relating to the Status of Refugees
5. Regional approaches to refugee definition
6. Refugees in municipal law: some examples
7. Institutional responsibilities and international obligations
8. ‘Refugees’ for the purposes of general international law
Topic 3 Determination of Refugee Status: Analysis and Application
1. Respective competence of UNHCR and of States parties to
the Convention and Protocol
2. Determination of refugee status by UNHCR
3. Determination of refugee status by States
3.1 The 2004 European Union Qualification Directive
3.1.1 The goal of ‘common criteria’
4. The refugee definition and the reasons for persecution
4.1 General matters
4.1.1 ‘Good faith’ and activities in the country of refuge
4.1.2 Statelessness
4.2 Reasons for persecution
4.2.1 Race
4.2.2 Religion
4.2.3 Nationality
4.2.4 Membership of a particular social group
4.2.4.1 The concept develops
4.2.4.2 The categories of association
4.2.4.3 Common victimization
4.2.4.4 Women, social group, and refugee status
4.2.4.5 A social view of ‘social group’
4.2.5 Political opinion
5. Persecution: Issues of interpretation and application
5.1 Protected interests
5.2 The ways and means of persecution
5.2.1 Persecution as a crime in international law
5.3 Agents of persecution
5.3.1 Agents of persecution and State responsibility
5.4 Fear, intent, motive, and the rationale for persecution
5.5 Persecution and laws of general application
5.5.1 Conscientious objectors
5.5.1.1 The ‘right’ of conscientious objection
5.5.1.2 The ‘right’ to object to participation in conflict
‘condemned by the international community’
5.5.1.3 The nature of the dispute between the
individual and the State
5.5.1.4 Sepet and Bulbul
5.5.2 Political and non-political offenders
5.6 Persecution and situations of risk
5.6.1 Internal flight alternative 123
5.6.2 Flight from civil war 126
5.6.3 The individual and the group 128
5.7 Children as asylum seekers and refugees 130
6. Persecution and lack of protection 131

Topic 4 Loss and Denial of Refugee Status and its Benefits 135
1. Voluntary acts of the individual 135
2. Change of circumstances 139
2.1 Continuing status in exceptional circumstances 143
2.1.1 Interpretation and application 145
3. Protection or assistance by other States or United Nations agencies 149
3.1 The country of first asylum principle 149
3.2 Refugees receiving United Nations protection and assistance 151
3.2.1 Historical background 153
3.2.2 Interpretation and application 156
3.2.3 An alternative interpretation 157
3.2.4 Article 1D and the future 159
3.3 Other refugees not considered to require international protection 161
4. Exclusion from refugee status 162
4.1 Crimes against peace, war crimes, and crimes against humanity 163
4.1.1 The drafting history of article 1F(a) 163
4.1.2 The scope of article 1F(a) 165
4.1.2.1 Crimes against peace 165
4.1.2.2 War crimes 166
4.1.2.3 Crimes against humanity 167
4.1.3 Individual responsibility 168
4.2 Serious non-political crimes 171
4.2.1 The drafting history of article 1F(b) 172
4.2.1.1 The relation to extradition 173
4.2.1.2 ‘Serious’ and ‘non-political’ 176
4.2.2 Context and proportionality 180
4.3 Acts contrary to the purposes and principles of the
United Nations 184
4.3.1 The drafting history of article 1F(c) 184
4.3.2 The ‘purposes and principles of the United Nations’ 185
4.3.2.1 Individuals acting on behalf of the State 186
4.3.3 Article 1F(c) in brief 189
4.4 The 2004 European Union Qualification Directive 190
4.5 Terrorism, refugees, and the purposes and principles of the
United Nations 191

PART 2: ASYLUM
Topic 5 Non-Refoulement in the 1951 Refugee Convention 201
1. Evolution of the principle 201
2. Relation of the principle of non-refoulement to particular issues 206
2.1 Admission and non-rejection at the frontier 206
Contents xvii
2.2 Conventions and agreements 208
2.3 Declarations and resolutions 211
2.4 The UNHCR Executive Committee Conclusions on
international protection 215
2.5 State views and State practice 218
2.5.1 State views 218
2.5.2 State practice: some aspects 229
3. The scope of the principle of non-refoulement 232
3.1 Personal scope 232
3.1.1 The question of risk 233
3.2 Exceptions to the principle of non-refoulement 234
3.3 Time and place, ways and means 244
3.3.1 Extraterritorial application 244
3.3.2 ‘International zones’ 253
3.3.3 Non-refoulement and extradition 257
3.3.4 Non-refoulement and expulsion 262
3.3.5 Non-refoulement and illegal entry 264
4. Measures not amounting to refoulement 267
4.1 Stowaways 268
4.2 Arrival of asylum seekers by boat 270
4.2.1 Internal waters and the territorial sea 272
4.2.2 The contiguous zone 275
4.2.3 The consequences of enforcement action 277
4.3 Rescue-at-sea 277
Topic 6 Protection under Human Rights and
General International Law 285
1. The meaning of ‘complementary protection’ 285
2. The history of complementary protection 286
3. Complementary protection at the international level 296
3.1 Human rights treaties: some procedural considerations 298
3.2 The 1984 Convention against Torture (CAT84) 301
3.3 The 1966 International Covenant on Civil and
Political Rights (ICCPR66) 305
3.3.1 What rights are protected? 308
3.4 The 1950 European Convention on Human Rights (ECHR50) 310
3.4.1 Article 3 311
3.4.2 Socio-economic rights 314
3.4.3 Other protected rights 316
3.4.3.1 Article 8: family life 318
3.4.3.2 Article 8: private life 321
3.4.3.3 Article 13: remedies 321
3.5 The 1989 Convention on the Rights of the Child (CRC89) 323
4. The 2004 European Union Qualification Directive 325
5. Status and exclusion from status 330
6. Non-refoulement in cases of mass influx and the development of
‘temporary protection’ 335
6.1 Mass influx and non-refoulement 335
6.1.1 Some aspects of State practice 336
6.2 Temporary protection 340
6.2.1 Status 341
6.3 Non-refoulement through time? 343
7. Non-refoulement as a principle of Customary International Law 345
Topic 7 The Concept of Asylum 355
1. Introduction 355
2. Asylum in international conventions, other instruments, and acts 358
3. Asylum in regional agreements 366
4. Obstructing asylum: trends in State practice 369
4.1 Access 369
4.2 Interception 371
4.3 Non-arrival policies 374
4.3.1 Visa regimes 374
4.3.2 Pre-entry clearance and carrier sanctions 377
5. International law responses 380
5.1 The right to leave any country 380
5.2 Article 31 of the 1951 Convention 384
5.3 State responsibility for extraterritorial acts 385
5.4 Good faith 387
6. Non-admission policies: the ‘safe’ country and the concept of
‘effective protection’ 390
6.1 Jurisdictional issues: identifying the State responsible for
determining a claim 390
6.2 The ‘safe country’ mechanism 392
6.3 ‘Effective protection’ 393
6.4 The 2005 European Union Procedures Directive 396
6.5 ‘Safe country’ notions elsewhere 403
6.6 Readmission agreements 407
6.7 Extraterritorial processing 408
7. Standards of treatment of asylum seekers and refugees 412
8. Conclusion 414
PART 3: PROTECTION
Topic 8 International Protection 421
1. International institutions 421
1.1 The Office of the United Nations High Commissioner for
Refugees (UNHCR)
1.1.1 Relation of UNHCR to the General Assembly and its
standing in general international law 428
1.2 The United Nations Relief and Works Agency for Palestinian
Refugees in the Near East (UNRWA) 436
1.3 The United Nations Office for the Coordination of
Humanitarian Affairs (OCHA) 438
1.3.1 Strengthening coordination 438
1.3.2 The complementary role of UN agencies 441
1.4 Other international and intergovernmental organizations and agencies 442
1.4.1 International Organization for Migration (IOM) 442
1.4.2 International Committee of the Red Cross (ICRC) 444
1.4.3 Regional organizations 444
1.4.4 Non-governmental organizations (NGOs) 446
2. The protection of refugees in international law 446
2.1 General international law 448
2.2 Treaties and municipal law 450
2.2.1 The principle of good faith 456
3. Palestinian refugees: nationality, statelessness, and protection 458
Topic 9 Protection and Solutions 462
1. General protection issues 462
1.1 Detention 462
1.1.1 Detention and mass influx 465
1.2 Refugee rights in camps and settlements 466
1.3 Personal security and related measures 471
1.3.1 Refugees and asylum seekers 471
1.3.2 Women refugees 473
1.3.3 Child refugees 475
1.3.4 Relief workers 480
2. Internally displaced persons (IDPs) 481
3. Solutions 489
3.1 Local integration 490
3.2 Voluntary repatriation 492
3.2.1 Facilitating and promoting 494
3.2.2 Safe return 496
3.3 Resettlement 497
3.4 Assistance and development 500
4. International cooperation 502
Topic 10 Treaty Standards and their Implementation in National Law 506
1. The 1951 Convention and the 1967 Protocol relating to the
Status of Refugees 506
1.1 Required standards of treatment 509

1.2 Standards applicable to refugees as refugees 510
1.2.1 Administrative assistance: article 25 512
1.2.2 Identity documents: article 27 515
1.2.3 The Convention Travel Document: article 28 516
1.2.4 Treatment of refugees entering illegally: article 31 520
1.2.5 Expulsion of refugees: article 32 523
1.2.6 Non-refoulement: article 33 524
1.3 The criteria of entitlement to treatment in accordance with the
Convention 524
1.3.1 Simple presence 524
1.3.2 Lawful presence 524
1.3.3 Lawful residence 525
1.3.4 Habitual residence 526
2. Protection in national law: the refugee status determination procedure 528
2.1 General standards for the determination of refugee status 529
2.2 The role of UNHCR in national procedures 532
2.3 Due Process in the determination of refugee status 533
2.3.1 Appeal or review 535
3. The 2005 European Union Procedures Directive 537
3.1 Organization of the Procedures Directive 539
4. Process in refugee status determination: getting to ‘Yes’;
getting to ‘No’ 542
4.1 The interview, examination, or hearing 544
4.2 Uses and abuses of country and other information 545
4.3 Assessing credibility and drawing inferences from the evidence 548
5. The status of refugees and the termination of refugee
status in national law 551
5.1 Refugee status and the ‘opposability’ of decisions 553
5.2 The principle of acquired rights 554
6. Afterword 555
ANNEXES
Table of Contents 557
Annexe 1 Basic Instruments 559
1. 1946 Constitution of the International Refugee
Organization-Extracts 559
2. 1948 Universal Declaration of Human Rights -Extracts 564
3. 1950 Statute of the Office of the United Nations High
Commissioner for Refugees 564
4. 1951 Convention relating to the Status of Refugees 569
5. 1967 Protocol relating to the Status of Refugees 588
6. 1967 United Nations Declaration on Territorial Asylum 592
Contents xxi
7. 1984 United Nations Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment-Extracts 594
8. 1989 United Nations Convention on the Rights of the
Child-Extracts 596
9. 1987 Constitution of the International Organization for Migration 598
10. 2001 Declaration of States Parties to the 1951 Convention and/or
its 1967 Protocol relating to the Status of Refugees 607
Annexe 2 Selected Regional Instruments 610
1. 1969 Convention on the Specific Aspects of Refugee
Problems in Africa 610
2. 1981 African Charter on Human and Peoples’ Rights-Extracts 615
3. 1954 Caracas Convention on Territorial Asylum 616
4. 1954 Caracas Convention on Diplomatic Asylum 619
5. 1969 American Convention on Human Rights-Extracts 622
6. 1981 Inter-American Convention on Extradition-Extracts 623
7. 1984 Cartagena Declaration on Refugees 624
8. 1950 European Convention on Human Rights and Fundamental
Freedoms-Extracts 629
9. 1963 Protocol No. 4 to the European Convention on the
Protection ofHuman Rights and Fundamental
Freedoms-Extracts 630
10. 1957 European Convention on Extradition-Extracts 630
11. 1975 Additional Protocol to the European Convention on
Extradition-Extracts 631
12. 1977 European Convention on the Suppression of
Terrorism-Extracts 632
13. 2000 European Union Charter of Fundamental
Rights-Extracts 633
14. 2001 European Union Council Directive on Temporary
Protection 635
15. 2001 European Union Council Common Position on
Combating Terrorism 649
16. 2003 European Union Council Directive on the Reception of
Asylum Seekers 653
17. 2003 European Union Council Regulation on the Criteria and
Mechanisms for Determining the Member State responsible
for Examining an Asylum Application 664
18. 2003 European Union Council Directive on the Right to Family
Reunification 680
19. 2004 European Union Council Directive on Qualification and
Status as Refugees or Persons otherwise in need of International
Protection 691
20. 2005 European Union Council Directive on Minimum Standards on
Procedures for Granting and Withdrawing Refugee Status 709
Annexe 3 States Parties to the 1951 Convention, the 1967 Protocol,
and the 1969 OAU Convention; Delegations Participating
in the 1984 Cartagena Declaration; and Members of the
Executive Committee of the High Commissioner’s
Programme (at 31 January 2007) 739
1. States Parties to the 1951 Convention relating to the Status of
Refugees and the 1967 Protocol 739
2. States Parties to the 1969 OAU Convention 740
3. Government Delegations participating in the 1984
Cartagena Declaration 741
4. States Members of the Executive Committee of the
High Commissioner’s Programme 741

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

American Convention on Human Rights, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Convention Relating to the Status of Refugees, Convention on the Rights of the Child, Customary International Law, Due Process, European Convention on Human Rights, Expert Witnesses, Geneva Conventions, International Covenant on Civil and Political Rights, International Humanitarian Law, International human rights law, International humanitarian law, International institutions, International law and refugee conventions: States parties, Law library, Protocol relating to the Status of Refugees, Refugees, Treaties, United Nations High Commissioner for Refugees, country.


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