1 Introduction: Group of persons and individual fleeing persecution have been granting protection by states for centuries; conversely, the refugee regime in the contemporary context is largely the result of the second half of the twentieth century. On like international human rights law, modern refugee law has its roots in the consequences of World War II as well as the refugee crises of the interwar years that preceded it.
Enshrined in Article 14(1) of the Universal declaration of Human Rights (UDHR), which was adopted in 1948, guarantees the right to seek and enjoy asylum in other countries. Later regional human rights instruments have elaborated on this right, guaranteeing the “right to seek and be granted asylum in a foreign territory, in accordance with the legislation of the state and international conventions.” American Convention on Human rights, Art. 22(7); African Charter on Human and people rights, Art. 12 (3), Art. (1) Of the 1951 Geneva Convention.
The 1951 Geneva convention’s 50th anniversary, relating to the status of refugee have pave the way to share some few opinion on the concept of protection of Asylum seekers and the internally displaced persons. The international human rights law on refugee is situated with rules and procedure with the aims at protecting those persons fleeing persecution and seeking asylum as well as those recognised as refugees under the applicable instruments. This essay argues the ways in which the international human rights law and the regional instrument contributes in the protection of the rights of refugees, asylum seekers and internally displaced persons. It will explore the vulnerability of internally displaced people as well as the asylum seekers and refugee, the existing international legal framework provided in protecting victims of asylum seeker, refugee and internally displaced persons. 11. United Nation Treaties and regional System According to (Cohen et al, 1998), refugees and internally displaced persons (IDPs) number has dramatically increased dating back in the days of the cold war. Presently, the number of people uprooted from or within their homes or country are estimated 45.5 million displaced people all over the world both internally and across the boarders because of the consequence of conflict and human rights violations. The major sources of international human rights law for refugee are treaty, remarkably the 1951 Geneva Convention and its 1967 protocol, and normal international law which is applicable to all states irrespective whether they are a party to pertinent treaties or not.Although the 1951 Convention definition remains the dominant definition, regional human rights treaties have since modified the definition of a refugee in response to internally displacement crises which is not covered by the 1951 Convention. The international human rights law (IHRL) provides a discrete set of guarantees for these precise groups of persons, even though, without doubt, this legal fortification overlaps to a certain scope with international human rights law as well as the legal regime appropriate to armed conflicts under international humanitarian law (IHL). However, the OAU Convention prevailing the Specific Aspects of the Refugee Problem in Africa, art.1(2); accord Cartagena Declaration on Refugees, Colloquium on the International Protection of Refugees in Central America, Mexico & Panama, art.3. …show more content…
The African Union is unique in having a convention that specifically addresses the protection needs of IDPs, Africa union Convention for the protection and Assistance of internally displaced persons in Africa. Finally, the United Nation High Commissioner for Refugee (UNHCR) provides protection and humanitarian assistance to IDPs and stateless individuals in addition to 1951 Convention refugees. However, the international human rights law applies to all situations, whether during peacetime or war, and they apply regardless of gender, race, ethnicity, religion, nationality, citizenship, language, sexual orientation, and physical or mental abilities The regional instruments that represent a further set of protections, particularly the 1984 Convention Against Torture, building on the Convention’s key principle of non-refoulement. “No contracting State shall return or expel (“refouler”) a refugee in any way whatsoever out of the country of refuge where his life or freedom would be endangered as regard of his race, nationality, religion, political opinion or membership of a particular social group.”. Conveniently, it is also noted by (Weiss et al, 2006), that, the number of displaced person is cause
Enshrined in Article 14(1) of the Universal declaration of Human Rights (UDHR), which was adopted in 1948, guarantees the right to seek and enjoy asylum in other countries. Later regional human rights instruments have elaborated on this right, guaranteeing the “right to seek and be granted asylum in a foreign territory, in accordance with the legislation of the state and international conventions.” American Convention on Human rights, Art. 22(7); African Charter on Human and people rights, Art. 12 (3), Art. (1) Of the 1951 Geneva Convention.
The 1951 Geneva convention’s 50th anniversary, relating to the status of refugee have pave the way to share some few opinion on the concept of protection of Asylum seekers and the internally displaced persons. The international human rights law on refugee is situated with rules and procedure with the aims at protecting those persons fleeing persecution and seeking asylum as well as those recognised as refugees under the applicable instruments. This essay argues the ways in which the international human rights law and the regional instrument contributes in the protection of the rights of refugees, asylum seekers and internally displaced persons. It will explore the vulnerability of internally displaced people as well as the asylum seekers and refugee, the existing international legal framework provided in protecting victims of asylum seeker, refugee and internally displaced persons. 11. United Nation Treaties and regional System According to (Cohen et al, 1998), refugees and internally displaced persons (IDPs) number has dramatically increased dating back in the days of the cold war. Presently, the number of people uprooted from or within their homes or country are estimated 45.5 million displaced people all over the world both internally and across the boarders because of the consequence of conflict and human rights violations. The major sources of international human rights law for refugee are treaty, remarkably the 1951 Geneva Convention and its 1967 protocol, and normal international law which is applicable to all states irrespective whether they are a party to pertinent treaties or not.Although the 1951 Convention definition remains the dominant definition, regional human rights treaties have since modified the definition of a refugee in response to internally displacement crises which is not covered by the 1951 Convention. The international human rights law (IHRL) provides a discrete set of guarantees for these precise groups of persons, even though, without doubt, this legal fortification overlaps to a certain scope with international human rights law as well as the legal regime appropriate to armed conflicts under international humanitarian law (IHL). However, the OAU Convention prevailing the Specific Aspects of the Refugee Problem in Africa, art.1(2); accord Cartagena Declaration on Refugees, Colloquium on the International Protection of Refugees in Central America, Mexico & Panama, art.3. …show more content…
The African Union is unique in having a convention that specifically addresses the protection needs of IDPs, Africa union Convention for the protection and Assistance of internally displaced persons in Africa. Finally, the United Nation High Commissioner for Refugee (UNHCR) provides protection and humanitarian assistance to IDPs and stateless individuals in addition to 1951 Convention refugees. However, the international human rights law applies to all situations, whether during peacetime or war, and they apply regardless of gender, race, ethnicity, religion, nationality, citizenship, language, sexual orientation, and physical or mental abilities The regional instruments that represent a further set of protections, particularly the 1984 Convention Against Torture, building on the Convention’s key principle of non-refoulement. “No contracting State shall return or expel (“refouler”) a refugee in any way whatsoever out of the country of refuge where his life or freedom would be endangered as regard of his race, nationality, religion, political opinion or membership of a particular social group.”. Conveniently, it is also noted by (Weiss et al, 2006), that, the number of displaced person is cause