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Legal Article by - ABHINAV RAJ (This Article was written by him during his Internship)
ABSTRACT
The word ‘Refugee’ has been originated from French which means ‘Hiding place’ . The word ‘Migration’ act as genus whereas word ‘Refugee’ act as Species and both words have very thin line of difference like the word ‘ Migration’ can be defined two point of perspective which are as follows : (1) voluntarily Migration which affirm that no compulsion has been elevated by the government of state to general public for migration but because for his own well- being person are migrating and the reasons for migration are Poor labour standards, High Unemployment, Economic Opportunity etc. . (2) Involuntarily Migration is epitome which also entail the word ‘ Refugee’ but in negative ways because these epitome of migration are concluded in very compulsive ways and the reason behind are race, religion, nationality, membership of particular social group, Natural disaster and the last but not least reason is Extreme Genocide .
In this day and age many distinct organisation at International platform have been originated by the Convention and it can achieve through unification of all country . some convention are as follows :
1. The 1951 Refugee Convention which covey that (Ghosh, 2023):
• When ‘Refugee’ enter in to the other country territory without a lawful document then that specific country who has jurisdiction over it can not impose a’ Penalty’ because their life or freedom was threatened in Domicile country ( connotation of word Domicile is Permanent settlement to country and Intention to live in that country ) and the point was enlisted in the same convention under Article 31.
• The contracting state can not expel any ‘Refugee’ from their country which is lawful in nature but contracting country can impose it in some situation such as when it threats to national security or Public order . (Article 32) • Principal of non- refoulement should be abide by the contracting country otherwise ‘Refugees’ will transpire the problems like torture, cruel, Inhuman or degrading treatment or punishment and other irreparable harm . (Article 33)
• In present mean scenario there are distinct types of convention were signed by the different country such as :
o Universal Declaration for Human right, 1948
o International Covenant On Civil and Political Right ,1966
o The UN Declarations on Territorial Asylums, 1967
o Convention on Right Of the Child, 1989
So , while observing the above mentioned fact , I will be illuminating two majors question which are as follows :
1. Is International law abundant for curbing the ‘Refugee’ issue , if yes then How ?
2. Are ‘Refugees’ life or freedom was threatened when they lives in Domicile country , if yes then How ?
INTRODUCTION
Definition of migration is propounded by the World Health Organization which consist of different categories such as ‘Settlers’ , ‘Transit migrants’ , and ‘Circular Migrants’ .
• Settlers : where people lives in native land or country of refuge.
• Transit Migrants: those who move on to another country using one country for its transit purpose .
• Circular Migrants : it encompass two quintessence that are as
(1) temporal( for specific time gap similar to seasonal workers )
(2) spatial movements that inculcates nomads, gatherers, tourist and trips .
Migrating to foreign land led to establishment of strong relation between two country which we called as cultural exchange (Soft Power) but when a people Migrate to foreign land as “Refuge” it led to overburden the specific country and it become a substantial concern for that state and there are strong possibilities that two country relations will be impacted .
Refuge mostly are case of forced migration seeking ‘asylum’ to specific country . Forced migration have two essentials features that are :
• Human Trafficking
• Force labour
Force labour data has been propounded by the international labour organization which also include the victim of Human Trafficking for labour and sexual exploitation . International labour organization establish a approx. data of forced labour that are as follows :
1. 9.2 million women and girls
2. 6.8 million men and boys.
While observing these data a fact can be established that many International organisation remain incapable in solving the Refuge issue . some important organisation details are as follows :
UNGA resolution : question of refuge , G.A res.8/1 ,1946 act and also establishment of United Nation High Commissioner For Refugees after the second world war period to cope up with refugee problems but initially it come about for 3 years only but after some time it set off a permanent organization because it escalate to global level . The UNHCR accountable to the authority of General Assembly . it also report annually to General Assembly by the assistance of Economic social council . UNHCR also procure two Nobel peace Prize in 1954 and 1981 . Further IRO also endeavour towards resettlements of displaced people in Europe in various countries like USA, Canada and Australia . (Basu, 2021)
Pre-eminent refugee crisis transpire in world are as follows :
1. Syria contributes unparalleled population of refugee in all over the world and that is approximately 25 % of world refugee population .
2. Afghanistan is the second largest country who contribute unparalleled population of refugee in his neighbouring state of Pakistan and Iran because of there outgoing crisis.
3. Ukraine is the third largest country who contribute unparalleled population of refugee in his neighbouring state of Poland and Romania this is because of (Russia – Ukraine war ) .
4. South Sudan called as one of the youngest nation of this world because they have acquire independence in the year 2011 instead of this South Sudan transpire with the problem of refugee crisis and most of their people migrated to the country of Ethiopia, Kenya, and the DRC .
Judicial procurement
R VS UXBRIDGE (1999) England and Wales High court
The purpose of Article 31 of the 1951 convention was to provide immunity for genuine refugee whose quest for asylum reasonably breach of law . when any types of illegal migration and forged document are procure by the migrants to acquire a asylum in good faith without coercing to sovereignty and integrity and public order of that Specific country is valid under Article 31 of 1951 convention .
Colombia vs Peru (1950)
ICJ A decision with regard to extradition implies only the normal exercise of the territorial sovereignty . refugee live outside the territory of state at time of offence and decision to grant him asylum is no threat to sovereignty and integrity of State .
Conclusion
Refugee issue in contemporary era is escalating to all over the world this transpire because of race, religion, nationality, membership of particular social group which signify that negative status of specific country from where people is migrating and the place where people migrate signify as positive status for all migrant people because they acquire a asylum .
The entirely object have been fulfilled with assistance of different convention and international organization such as “1951” , “1968” and UNHCR , IOM and UDHR respectively .
Under the ‘sustainable development goal’ or 2030 agenda which was adopted in the year 2015 ventilate about issue of migration this is because 2030 agenda convey that “LEAVE NO ONE BEHIND “ . Agenda 2030 include subjects like responsible, safe, regular migration and mobility of the people with properly designed migration policies .
REFERENCE
3. Ghosh, P. (2023). International law. In International relation
4. Basu, R. (2021). International law.
5. Global Migration Data Analysis centre(GMDAC), International organization for migration (IOM),2018.
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