therefore, of the refugees it protects. The
reasons behind these attacks on the Convention appear to be linked
primarily to the rising number of asylum-seekers, the increase in
people-smuggling networks, the perception that the majority of
asylum-seekers are "bogus," and the high costs involved in
maintaining asylum systems.
These concerns are understandable, but the critique of the Convention
tends to ignore some vital basic factors, Firstly, the main reason the
numbers soared was that there were three major wars in Europe during the
1990s, in addition to numerous other conflicts around the world.
Secondly, the whole point of the Convention is precisely to make the
distinction between those who need the international protection that
official refugee status affords, and those who do not. Therefore, one
set of argument is that it doesn't mean there's anything wrong with the
Convention per se.
The Convention has also been wrongly blamed for a collective failure to
manage the soaring numbers of would-be economic migrants. The Convention
was never intended to sort out all the world's migration problems.
"The trouble is, with virtually no other migration path open from
poor countries to rich ones, the Convention has been subjected to
pressures which should be catered for by alternative migration
management tools.
On the cost of managing asylum-systems, we need to look at some states
having rigorous process of detaining every single asylum-seeker entering
the country without proper documentation. "This is an extremely
expensive way of dealing with asylum-seekers, as well as inhumane and,
arguably, quite at odds with Article 31 of the Convention." Asylum
systems in some countries are inefficient, sometimes taking years to
reach a decision. "This means not only considerable extra costs in
terms of social benefits, but it also makes such countries attractive to
economic migrants, stimulating a “vicious circle of increased numbers,
higher costs, and slower decisions”. |
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The most worrying
trend is the growing number of states violating Article 33 of the
Convention, which says, "No contracting state shall expel or return
a refugee in any manner whatsoever to the frontiers of territories where
his life or freedom would be threatened…" If refugees are sent
straight back to danger - or are prevented from leaving their countries
in the first place - then all the other measures designed to protect and
assist them count for nothing. Under international law this should not
happen, and blatantly ignoring international law is a dangerous path to
tread."
The 1951 Refugee Convention has come under increasing scrutiny in recent
years, with some governments questioning its continuing relevance. UNHCR
has been paying special attention to the problem, analysing the extent
of the practice in recent years in terms of the number of countries
involved and the number of people affected. This is being done in the
context of the "Global Consultations on International
Protection", talks between UNHCR, governments, non-governmental
organisations (NGOs) and experts focusing on how States are interpreting
and implementing the 1951 Refugee Convention and examining protection
problems that are not fully covered by the treaty, so as to better
protect refugees. Most notably the Executive Committee constituted is
able to incorporate some of the non-signatory countries to voice their
concerns and proactively contribute to the refugee protection regime.
On the basis of above discussion it was concluded that the relevance of
1951 Convention still exist and can’t be ignored and a fresh look is
necessary to deal with the emerging issues. The purpose should be to
uphold the rights of human beings to safeguard his rights and human
security.
The IDP Crisis
Today and The Protracted IDP Situations in Africa (5 December 2007)
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