THE SOURCES OF INTERNATIONAL
LAW RELATING TO REFUGEES
Dr. V. Vijayakumar
Part – III
B.A.LL.B (Hons) – Electives – Refugee Law
NLIU - 2019
SOURCES OF REFUGEE LAW
I. International Instruments
a. Universal Declaration of Human Rights, 1948
b. Statute of UNHCR, 1950
c. Convention Relating to the Status of Refugees, 1951
d. International Covenant on Civil and Political Rights,
1966
e. International covenant on Economic, Social and
Cultural Rights, 1966
f. Protocol Relating to the Status of Refugees, 1967
g. Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, 1984
h. Convention on the Rights of the Child, 1989
i. Geneva Conventions, 1949
j. Protocols I and II to Geneva Conventions, 1977
k. Convention Relating to the Status of Stateless Persons,
1954
l. Convention Relating to the Reduction of Statelessness,
1961
II. Regional Arrangements
a. OAU Convention Governing the Specific
Aspects of Refugee Problem in Africa -
AU
b. OAS
c. European Union
d. Bangkok Principles (AALCC) – Afro-Asian
Legal Consultative Committee – AALCO -
New Delhi Declaration
III. National Laws
a. Legislation
b. Rules, Regulations, Guidelines
c. Judicial Decisions (both administrative and
Judicial)
IV. Soft Law - EXCOM conclusions – Cartagena
Declaration, 1984 - Resolutions of GA, SC,
ECOSOC
Moral, philosophical and legal basis
of refugee protection
Four types of states:
1. States parties to CSR1951/PCSR1967 and do
not follow the convention
2. States parties to CSR/PCSR and follow the
convention [partial enforcement]
3. States that are not parties to CSR/PCSR and
do not follow the convention
4. States that are not parties to CSR/PCSR and
follow the convention
Convention Relating to the Status of
Refugees, 1951 [CSR 1951]
Entered into force w.e.f 22 April 1954 in
accordance with Article 43 of CSR 1951
Adopted in Geneva on 28 July 1951
Contains a preamble and 46 Articles
Main features
Duty of refugees
Duty of States
Rights of refugees
Rights of the States
Duty of refugees
Article 2 of the CSR 1951
‘Every refugee has duties to the
country in which he finds himself,
which require in particular that he
conform to its laws and regulations as
well as to measures taken for the
maintenance of public order’
Duties of States
Articles 3, 19(2), 31, 32, 33, and 36
Article 3 – ‘The Contracting States shall apply the
provisions of this Convention to refugees without
discrimination as to race, religion or country of origin’
Article 19 (2) – ‘The Contracting States shall use their
best endeavour consistently with their laws and
constitutions to secure the settlement of such
refugees in the territories, other than the metropolitan
territory, for whose international relations they are
responsible’
Article 31 – ‘Refugees unlawfully in the country of
refuge.
(1)The Contracting States shall not impose penalties, on
account of their illegal entry or presence, on refugees
who, coming directly from a territory where their life
or freedom was threatened in the sense of Article 1,
enter or are present in their territory without
authorization, provided they present themselves
without delay to the authorities and show good cause
for their illegal entry or presence.
(2)The Contracting States shall not apply to the
movements of such refugees restrictions other than
those which are necessary and such restrictions shall
only be applied until their status in the country is
regularized or they obtain admission into another
country. The Contracting States shall allow such
refugees a reasonable period and all the necessary
facilities to obtain admission into another country
Article 32
(1)The Contracting States shall not expel a refugee lawfully in
their territory save on grounds of national security or public
order.
(2)The expulsion of such a refugee shall be only in pursuance of a
decision reached in accordance with due process of law. Except
where compelling reasons of national security otherwise
require, the refugee shall be allowed to submit evidence to
clear himself, and to appeal to and be represented for the
purpose before competent authority or a person or persons
specially designated by the competent authority.
(3)The Contracting States shall allow such a refugee a reasonable
period within which to seek legal admission into another
country. The Contracting States reserve the right to apply
during that period such internal measures as they may deem
necessary
Article 33
(1)No Contracting State shall expel or return ("refouler")
a refugee in any manner whatsoever to the frontiers
of territories where his life or freedom would be
threatened on account of his race, religion, nationality,
membership of a particular social group or political
opinion.
(2)The benefit of the present provision may not,
however, be claimed by a refugee whom there are
reasonable grounds for regarding as a danger to the
security of the country in which he is, or who, having
been convicted by a final judgment of a particularly
serious crime, constitutes a danger to the community
of that country
Article 36
‘The Contracting States shall
communicate to the Secretary-
General of the United Nations the
laws and regulations which they may
adopt to ensure the application of this
Convention’
Rights of refugees
a. Property rights – Articles 13, 14, 30
b. Right to Association – Article 15
c. Right to judicial remedies – Article 16
d. Right to employment – Arts. 17, 18
e. Right to profession – Article 19
f. Right to welfare – Arts.20,21,22,23 (ration, housing,
public education, public relief)
g. Right to religion – Article 4
h. Freedom of movement – Article 26
i. Right to Identity Documents
Article 27 – Identity paper
Article 28 – Travel Document
Rights of the States
Article 9 – National security
Article 32 (2) – expulsion subject to
conditions of national security
Article 33 (2) – refoulement, subject to
certain conditions
Definition of ‘refugee’
Refugee is a person who is
a. Outside the country of nationality or habitual
residence
b. Well founded fear
c. ‘persecution’
d. Grounds of persecution – race, religion, nationality,
membership of a particular social group or political
opinion
