The International Catholic Migration Commission
serves and protects uprooted people: refugees, internally
displaced persons and migrants, regardless of faith, ethnicity or nationality.
serves and protects uprooted people: refugees, internally
displaced persons and migrants, regardless of faith, ethnicity or nationality.
   Appendices: Overview< * Who is a Refugee?< <Who is a Refugee?A refugee is someone who... * is outside his/her country of origin;
* is unable or unwilling to avail him/herself of the protection of that country, or to return there, for fear of persecution. This definition of a refugee appears in the 1951 Convention relating to the Status of Refugees. The Convention provides the internationally-recognised general definition of the term "refugee". Later, several regional treaties included language that broadened the 1951 Convention's definition of a refugee. The OAU [Organization of African Unity] Convention Governing the Specific Aspects of Refugee Problems in Africa, adopted in 1969, repeats the definition found in the 1951 Convention, but also covers any persons compelled to leave their country... "owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality." That means that persons fleeing civil disturbances, widespread violence and war are entitled to claim the status of refugee in States that are parties to this Convention, whether or not they have a well-founded fear of persecution. In 1984, a group of government representatives, academics and distinguished lawyers from Latin America met in Cartagena, Colombia, and adopted what became known as the Cartagena Declaration. Among other things, the Declaration recommended that the definition of a refugee used in the region should include, in addition to those fitting the 1951 Convention definition, persons who flee their country... "because their lives, safety or freedom have been threatened by generalised violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances which have seriously disturbed public order." This definition is similar to that found in the OAU Convention. Though the Declaration is not legally binding on States, Latin American States apply the definition as a matter of practice and some have incorporated it into their own national legislation. What is the difference Between Refugees and Internally Displaced Persons? A person becomes a refugee only when he/she crosses an international border. In contrast, an internally displaced person remains inside the boundaries of his/her own country. Thus, the difference between refugees and internally displaced persons is technical and legal, and has little to do with their reasons for flight. Both categories of persons are often affected by the same causes of displacement. They often have identical protection and material needs that deserve the equal attention of the international community. Most humanitarian agencies have the operational flexibility to address the needs of both refugees and internally displaced persons. UNHCR, whose statutory mandate is to protect refugees, has been authorised, on an ad hoc basis by the United Nations, to act on behalf of internally displaced persons. <What is International Protection?
It is, first and foremost, the responsibility of States to protect their citizens. When governments are unwilling or unable to protect their citizens, individuals may suffer such serious violations of their personal rights that they are willing to leave their homes, their friends, maybe even some of their family, to seek safety in another country. Since, by definition, the basic rights of refugees are no longer protected by the governments of their home countries, the international community then assumes the responsibility of ensuring that those basic rights are respected. The phrase "international protection" covers the gamut of activities through which refugees' rights are secured. The 1951 Convention relating to the Status of Refugees details refugees' rights. Although some refugee rights may be restricted under certain circumstances (as may citizen's rights), some of the important rights set out in the Convention include:
The most important right detailed in the Convention is the right to be protected against forcible return, or refoulement, to the territory from which the refugee had fled. The Convention stipulates that... Refoulement is also explicitly prohibited in a number of other documents, including the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (Article 3), the United Nations Declaration on the Protection of All Persons from Enforced Disappearance (Article 8), and the United Nations Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions (Principle 5). In fact, it is widely accepted that the prohibition of refoulement is part of customary international law. That means that all States must respect the principle of non-refoulement, even if they are not party to the 1951 Refugee Convention. By granting asylum to a refugee, a country accepts its obligation to protect the refugee against refoulement, to respect and safeguard the refugee's human rights, and to allow the refugee to remain in its territory until a durable solution is found. Granting asylum is a peaceful and humanitarian act of State sovereignty and should not be regarded as unfriendly by any State, especially the refugee's State of origin. There is, technically, no "right to be granted asylum": such a right does not appear in any legally-binding international document. But the Universal Declaration of Human Rights (1948) asserts that everyone has "...the right to seek and to enjoy in other countries asylum from persecution" (Article 14). In addition to the rights set forth in the 1951 Convention, refugees, as any other human beings, enjoy basic human rights, as well. These rights are described in various legal texts (including several regional conventions) that have been signed and ratified by numerous States. Among the most important of these texts are:
The International Covenant on Civil and Political Rights and the International Covenant on Economic , Social and Cultural Rights also contain restrictions on some human rights that may be legally permissible during emergencies. Consult the texts of these Covenants for specific information about such restrictions. Among the basic rights listed in the 1948 Universal Declaration of Human Rights are:
The 1951 Convention relating to the Status of Refugees contains no definition of the word "persecution" that is used in its definition of a refugee. But violation of the above-mentioned human rights, either individually (the right to life or liberty, for example) or collectively and cumulatively, would be considered persecution if the violation is of such severity as to render a person's continued stay in his/her home country intolerable or impossible; and if it is based on one of the five grounds (race, religion, nationality, membership of a particular social group or political opinion) listed in the 1951 Convention. Violations of the principle of non-refoulement occur when:
<Who is Responsible for Protecting Refugees?
As stated above, protecting refugees is primarily the responsibility of States. Those States that have signed the 1951 Convention are legally obligated to protect refugees according to the terms set out in the Convention. They are required to apply these terms without discrimination as to race, religion or country of origin, and to respect fundamental protection principles, such as non-refoulement and non-expulsion (which non-signatories to the Convention are also obliged to respect). Since refugees rarely have time to prepare travel documents or obtain visas before they seek asylum, signatory States may not penalise refugees for illegal entry into their territories, provided the refugees "...present themselves without delay to the authorities and show good cause for their illegal entry or presence" (Article 31). When refugee situations occur, individual States must work together to resolve the cause of the refugee flow and to share the responsibility of protecting refugees. When internal disputes cause an international refugee problem, it is the responsibility of all States, especially neighbouring States, to help restore peace and security within the conflicted country. Countries of asylum shoulder the heaviest burden during a refugee crisis, since providing refuge often means disruption-sometimes great disruption-in the areas in which refugees arrive. But these States need not assume the responsibility alone. Other States, both in the region and beyond, can share the responsibility by providing support, both financial and material, to maintain and protect the refugees for as long as they require international assistance. The United Nations High Commissioner for Refugees (UNHCR), a non-political, humanitarian agency, was created by the United Nations General Assembly in December 1950 and began operations on 1 January 1951. Its mandate is to provide international protection to refugees and promote durable solutions to their problems. It does so by working with Governments and, subject to the approval of the Governments concerned, with private organisations. The Statute of UNHCR, adopted in December 1950, calls on the High Commissioner for Refugees to provide for the protection of refugees by, among other activities, establishing contact with "private organisations" (now known as non-governmental organisations) dealing with refugee questions and helping coordinate the efforts of private organisations concerned with the welfare of refugees (Chapter 2, no. 8, sections H and I). When UNHCR was founded, in the aftermath of World War II, it operated primarily in Europe, where material assistance was mainly provided by States that had granted asylum. Later, as many of the world's refugee problems began to arise in developing countries, UNHCR, with the support of the international community, was called upon to provide material assistance to refugees, as well. Providing assistance often enables States to accept refugees, since it relieves the States of some of the financial burden of hosting refugees. While assistance, in many cases, has helped ensure protection, it must be remembered that UNHCR's mandate is for protection: to make sure the basic rights of refugees are respected and to find durable solutions to the problems of refugees. UNHCR's Statute (Chapter II, no. 9) also allows for operational involvement with non-refugees. Under this provision, UNHCR has often been requested to protect and assist returnees (persons who were of concern to UNHCR when outside of their country of origin and who remain so for a limited period after they return home-see pages 70-73), some internally displaced persons (persons who fled their homes but remained within the borders of their own countries-see pages 106-110) and others who live in refugee-like situations outside their country of origin, but who have not been formally recognised as refugees (such as victims of war in the former Yugoslavia and various groups in the Commonwealth of Independent States). UNHCR's protection activities include:
While UNHCR is the only UN organisation devoted solely to the protection of refugees, other UN agencies often work in partnership with UNHCR.
Non-governmental organisations (NGOs) may not be specifically mandated through international conventions to offer protection to refugees. Through their work, however, many NGOs operate under mission statements that commit them to providing protection. In doing so, they perform an urgent and valuable service that can make a critical difference in the effective protection of refugees. To read more about Non-governmental organisations (NGOs), please click here. <Non-governmental organisations (NGOs)Non-governmental organisations (NGOs) may not be specifically mandated through international conventions to offer protection to refugees. Through their work, however, many NGOs operate under mission statements that commit them to providing protection. In doing so, they perform an urgent and valuable service that can make a critical difference in the effective protection of refugees. By carefully planning their assistance with sensitivity to refugees' protection needs, NGOs can also help with the practical, on-the-ground protection of refugees. For example, if protection matters are considered when designing a refugee camp, water points, clinics and firewood-collection areas could all be located in easily-accessible, well-lit areas so women and children would not have to walk long distances, alone, to make use of them. Because of their independent status, NGOs are often the first agencies to arrive and provide assistance during an emergency. Local NGOs can provide the first warning of an impending emergency. NGOs can use their presence and direct involvement with individuals to help protect refugees by:
NGOs can perform these invaluable services no matter what kind of assistance they usually provide. All relief workers, whether their specialty is medicine, education, skills training, religion or law, can help protect refugees by being alert to protection problems and reporting them as they occur. NGOs vary greatly in their size, breadth of programmes, source of funds and style of operation. Some are international, some are national, but have international activities, others are solely nationally- or locally-based. Most NGOs working with displaced persons provide material assistance and/or assist in the establishment and maintenance of camps and other settlements. That puts them in a perfect position to monitor and report on rights violations that may occur in the camps or settlements. As they work in refugee camps or settlements, NGO staff can help protect refugees by involving them in all aspects of planning and maintaining assistance activities. Refugees know and understand their own communities better than anyone. They should always participate in determining the needs of their community and planning and designing programmes to meet those needs. By doing so, mutual trust and confidence will grow, NGO staff will have access to the broadest possible refugee population, and the refugees will retain their self-respect and self-confidence. All refugee men, women and children, not just their representatives, should be included in these activities. Some relief NGOs may be worried that by participating in protection activities they are risking their neutrality. While this concern may be valid in some circumstances, it is important to remember that humanitarian actions are based on a respect for human rights and should also serve to defend those rights. NGOs can and should, of course, devise their own methods of promoting protection without jeopardising the safety of their staff. While in some situations NGOs can share their protection concerns with government officials, in others it would be wiser to contact UNHCR staff, UN peacekeepers or monitors, or other NGOs and pass on information discreetly. In the end, protecting refugees is a shared responsibility. Only by working together, by complementing one's strengths with another's, can NGOs, individual States and international organisations provide the effective protection that refugees deserve. |
 
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