Legal Challenges to Refugee Protection in Developing Countries

Nordic Journal of International Law, 1990

International refugee law scholarship has long been dominated by a positivist tradition. Within this tradition, the human rights approach has now become the dominant approach. However, states and the formal agreements they agree to get us only so far in explaining how refugee law is created and how it develops. There is another layer of explanation that looks into transnational activities and their effect on how law is shaped, interpreted, applied and developed. This chapter therefore also explores two further emerging approaches in refugee law: the transnational approach and the participatory approach. It argues that whereas the dominant human rights approach focuses mainly on sources and contents of rules (and their enforcement), both the transnational and participatory approaches are useful in capturing the complexities of the process of law formation and law development by looking more specifically at networks and other participants in the process of law-making. The challenge of contemporary international refugee law is to recognise more explicitly the role of such networks and the soft-law and norms that they often produce.

Owing to the complexity of societies and the increased contact which comes with intensified relations in our globalized world, the need for rules become necessary for the promotion of international cooperation and development and the avoidance of conflict and chaos. More so, the conflicts and wars stemming from the relationship between countries leave in their wake problems like refugee crises that international law necessarily has to try to handle. The mandate of international law is thus to promote and protect human rights at the international, regional and domestic level. This study examines the relevance of international law in protecting the right of refugees through the use secondary sources of data. The study underscores the fact that through the instrumentality of modern refugee law, which has its origin in the aftermath of the 2 nd world war, countries have been granting protection to individuals and groups fleeing persecution for centuries as refugees. These elaborate legal frameworks were examined using the liberal theory of international relations. The study found that despite the existence of the international refugee regime, a lot still needs to be done since states as the primary enforcers of refugee laws are reluctant to adhere and observe these rules to the letter. Similarly, the study also discovered that factors like the changing nature of the conflict, bourgeoning number of refugees and legal and operational difficulties in the definition of refugees have served as obstacles that have made it difficult for states to dispense their responsibilities under the extant regime. In closing, the study recommends measures like good governance and that more specific definition of states responsibility with respect to refugees and support for states that are confronted with a large number of refugees.

Nizamuddin Ahmad Siddiqui (with Dabiru Sridhar Patnaik), ‘Problems of Refugee Protection in International Law: An Assessment through the Rohingya Refugee Crisis in India’ 14 (1) (2018) Socio-Legal Review 1, 2018

The present article deals with the problems of refugees under international law. The purpose is two-fold – to understand the legal framework for the protection of refugees and to understand the manner in which the international legal framework is adopted by States in their domestic jurisdictions. The limitation of international law in addressing the refugee problem is highlighted through ‘contestations’ and ‘ fault-lines’. It is argued that such contestations and fault-lines exist in the manner in which conceptions like sovereignty, nationality, territoriality, jurisdiction, and legal obligation are clothed and implemented in the international legal discourse. The example of Rohingya refugee crisis from India is employed to contextualise the discussion. Some notable developments towards the construction of a more robust regime for refugee protection under international law have also been highlighted in the last section.

2007

Layout of the Thesis 2 THE RIGHT TO AN EFFECTIVE REMEDY IN INTERNATIONAL LAW 12 2.1 The International Bill of Rights 2.1.1 The Universal Declaration of Human Rights 2.1.2 The International Covenant on Economic, Social and Cultural Rights 2.1.3 The International Covenant on Civil and Political Rights 2.2 The African Charter on Human and Peoples' Rights 2.3 Chapter Conclusion 3 PROTECTION OF REFUGEES' RIGHTS UNDER INTERNATIONAL REFUGEE LAW 3.1 Refugee Protection Vis-à-vis Legal Protection 3.2 The Right to an Effective Remedy Under the Convention Relating to the Status of Refugees 3.3 Refugee Protection Under the African System 3.4 Chapter Conclusion 4 IMPLEMENTATION OF THE RIGHT TO AN EFFECTIVE REMEDY IN A DOMESTIC SETTING: A CASE STUDY OF UGANDA 4.1 The Protection and Treatment of Refugees in Uganda 4.1.1 Legal Regime Governing Refugees 4.1.2 Refugee Protection and Status Determination 4.1.3 Economic, Social and Cultural Rights in Refugee Settlements 4.1.4 Civil and Political Rights in Refugee Settlements 4.2 The Refugee and the Right to an Effective Remedy in Uganda 4.

“Social and Welfare Laws: Emerging Challenges and Solutions.” Edited by Dr. Yugank Chaturvedi et al. Poonam Publications, New Delhi. ISBN 978-93-93366-32- 0. , 2024

In what ways does International Law safeguard migrants? In majority of the time, in minor ways! International Law only protects refugees—those who escape persecution and violence due to their race, religion, nationality, and political opinion, every year in a certain country/region. Refugees have certain fundamental political, economic, and cultural rights that should never be compromised, thanks to the 1951 Convention on the Status of Refugees. There is no governmental structure for refugee protection in India, nor is it a party to the 1951 Refugee Convention or its 1967 Protocol. Nevertheless, it still honors the UNHCR's mandate for refugees, primarily those from Afghanistan and Myanmar, and continues to offer shelter to a sizable number of refugees from other bordering States. The UNHCR supports resettlement as one of the "durable solutions" for refugees, along with repatriation and local integration. The paper touches upon the UNHCR Joint Resettlement Programme, Nations under Resettlement Programs, and International Migrants' Bill of Rights (IMBR), and focuses on the refugee crisis in Afghanistan and its repercussions on Pakistan. In the 1980s and 1990s, war and drought forced Afghan refugee families to flee their nation. The paper explores how the UNHCR and other Humanitarian Agencies have encountered numerous challenges in managing and safeguarding Afghan refugees in Pakistan. The ethnicities, the numbers of Afghan refugees in Pakistan, their health and sanitation conditions, and the economic burden on Pakistan, as well as the concomitant security concerns, are also taken into account. Lastly, the paper considering all the above factors tries to find a way forward by suggesting the strengthening of International Law instruments on Refugee and Migrant protection.

The principal objective of this paper is to examine the interaction between international human rights law and international refugee law that has been the subject of recent academic discussion of great importance.

2025

This systematic review study purposed to examine the legal framework governing refugee rights. Data was collected from secondary materials to include; journal articles, reports, legal documents and online sites to inform the study objectives. Findings revealed that at international level, 1951 Refugee Convention and its 1967 Protocol governs refugee rights. At regional level, Uganda is under the 1969 OAU Convention which amplifies the meaning of a refugee rights. Domestically, refugee rights are governed by the Refugees Act enacted 2006 and these rights. UNCHR and Ugandan government plays a crucial role in protecting the rights of refugees. UNHCR engages in of collaboration with governments, coordinates humanitarian assistance, promotion of self-reliance, and advocating for gender equity and climate change programs. Furthermore, UNHCR offers shelter, food, healthcare, engages in advocacy efforts. The government of Uganda upholds its significant influence on refugee protection through the provision of land, employment, education and promoting social cohesion. Protecting asylum space is a challenge for the UNHCR, mixed migration streams further complicate any efforts at addressing protection concerns, and obstacles in ensuring refugee security and humanitarian workers. Competition for limited resources between host communities and refugees is another cause of conflict. Moreover, corruption and security threats also inhibit their protection and integration efforts. The study concluded that there is a robust legal framework governing refugee rights in Uganda although different factors hinder its effectiveness. It was recommended that UNHCR and government of Uganda through the office of the prime minister should guarantee better knowledge and enforcement of these rights, strengthen public awareness initiatives and legal education for both refugees and local communities on their rights.

This book analyses the legal framework for refugee protection in Africa, including both refugee and human rights law as well as treaty and institutional elements. The regime is addressed in two parts. Part I analyses the relevant treaties: the 1951 Convention relating to the Status of Refugees, the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa and the 1981 African Charter on Human and Peoples’ Rights. The latter two regional instruments are examined in depth. This includes the first fulsome account of the African Refugee Convention’s drafting, an interpretation of its unique refugee definition and original analysis of the relationships between the three treaties. Significant attention is devoted to the systemic relationship between the international and the regional refugee treaties and to the discrete relationships of conflict and relationships of interpretation between the two refugee instruments, as well as to the relationships between the African Refugee Convention and African Charter. Part II focuses on the institutional architecture supporting the treaty framework. The Organization of African Unity is addressed in a historical sense, and the contemporary roles of the African Union, the African Commission on Human and Peoples’ Rights and the current and contemplated African human rights courts are examined. This book is the first devoted to the legal framework for refugee protection in Africa. PDF is a review of the book by Paul White, which appeared in volume 31 (2019) of the International Journal of Refugee Law.