technicalities and concentrate on the realities.
The entire life can’t be passed in exile.
The problem needs to be identified and solved.
People should have a better protection regime with a right to
health. She emphasized that in the present scenario a fresh look is
needed on the 1951 Convention and Protocol of 1967, so that new
challenges can be faced with more systematic and humane manner.
Patrick Hoenig stated that the 1951 convention has been the point of
contention from the developed and developing countries. While developed
countries are bidding for a rights based approach; developing countries
on the other hand have been voicing their incomprehension as to why they
would be expected to abide by standards that the North no longer seem to
accept; specially when northern countries assume only a fraction of the
responsibilities for refugees. His discussion revolved around four
dilemmas that point to the significant gaps in 1951 convention.
The four dilemmas were:
I.
The dilemma of defining who is a
“refugee”: The definition under the 1951 convention has
been widened under the “Organisation of African Union Refugee
convention (1969) and Cartagena Declaration (1984). All these
definitions have protection mechanisms with an underlying rights based
approach. Another realist inspired school of thought argues that
individual refugee determination procedures are impractical in mass
influx
II.
The dilemma of legal protection vs material assistance: One of the major debates of the early UN years was on the nexus of legal
and material assistance. Some of the northern states have demanded that
UNHCR should have a mandate for providing material aid to refugees.
Saddled with the enormous burden of partition, India and Pakistan had
argued that providing legal standards without concomitant material
assistance was a hollow concept. Recently hardliners in Europe argue
that government assistance for housing, clothing and food should be cut
to those |
|
excluded from refugee protection. At the same time they are protected
from refoulement. This kind of approach does not safeguard human
dignity.
III. The dilemma of shared
responsibilities:
A criticism commonly voiced in the global south, in that the
international refugee regime does not concern itself with the burden
sharing, even though the human condition of refugee in any part of the
third world can’t be seen in isolation from developments in that first
world. On the other hand the argument is advanced that refugee
protection and burden sharing should be de-linked as humanitarian
requirement may vary.
IV. The dilemma of unraveling consensus: International law
rests on “consensus”, constituting a system of “collective
security”. It works on the assumption that all the states will follow
the international law. Most of the Northern countries instead of
following the 1951 convention has taken measures to tighten the borders.
By the end of 2004 only two out of top ten receiving states were
developed countries. This shows the inherent contradiction and dilemma
that underlies the applicable nature of international human rights
standards.
KM Parivelan argued that 1951 Convention couldn’t be seen in
isolation. He discussed in
length the relevance of convention, even after 56 yrs of its existence
the south Asian Countries have not signed its which raises the question
marks of its relevance and existence.
He argued that it has helped countless people in the protection
of the life and existences, who were forced to flee from their country
having well founded fear of persecution, as a result of their regions,
political or cultural differences.
In the recent years, however, the continuing
validity of the 1951 Convention has been publicly questioned in some
quarters. This has alarmed refugee protection activists, UN officials
and aid agencies involved with refugees who feel that politics are being
played at the expense of the Convention and,
|