DEPARTMENT OF HUMAN RIGHTS

SEMESTER 3

HOME ASSIGNMENT

2020

Q1) What do you mean by the term ‘Refugees’? Discuss the current statistics
of worldwide distribution of refugees, IDPs, stateless people and migrants.

An) According to the 1951 United Nation’s Convention relating to the Status of
Refugees and its 1967 Protocol defines refugees are those persons who flee their
country due to well-founded fear of persecution, due to reasons of race, religion,
nationality, membership of a particular social group or political opinion, who are
outside of their country of nationality, or permanent residence and due to this fear
are unable or unwilling to return to it.

The global population of forcibly displaced increased by 2.3 million people in

2018. By the end of the year, almost 70.8 million individual were forcibly
displaced worldwide as a result of persecution, conflict, violence, or human rights
violations. As a result, the world’s forcibly displaced population remained yet
again at a record high. At least 79.5 million people around the world have been
forced to flee their homes. Among them are nearly 26 million refugees, around
half of whom are under the age of 18. There are also millions of stateless
people, who have been denied a nationality and lack, access to basic rights such as
education, health care, employment and freedom of movement. At a time when 1
per cent of the world’s population has fled their homes as a result of conflict or
persecution, our work at UNHCR is more important than ever before.

Large numbers of people were on the move in 2018. During the year, 13.6 million
people were newly displaced, including 2.8 million who sought protection abroad
(as new asylum-seekers or newly registered refugees) and 10.8 million internally
displaced people (IDPs), who were forced to flee but remained in their own
countries. This means that on every day of 2018, an average of 37000 people were
newly displaced. Many returned to their countries or areas of origin to try to
rebuild their lives, including 2.3 million IDPs and nearly 600000 refugees. Some
1.6 million Ethiopians made up the largest newly displaced population during
the year, 98 per cent of them within their country. This increased more than
doubled the existing internally displaced population in the country. Nearly 4 out of
every 5 refugees lived in countries neighboring their countries of origin. Countries
in developed regions hosted 16 per cent of refugees, while one third of the global
population (6.7 million people) was in the least Developed Countries. By the end
of 2018, about 3.5 million people were awaiting a decision on their application for
asylum. During 2018, 2.9 million displaced people returned to their areas or
countries of origin, including 2.3 million IDPs and nearly 600000 refugees.
Asylum-seekers submitted 1.7 million new claims. With 254,300 such claims, the
United States of America was the world’s largest recipient of new individual
applications, followed by Peru (192,500) Germany (114,500) and turkey (83,800).
In 2018, UNHCR submitted 81,300 refugees to states for resettlement. According
to government statistics, 25 countries admitted 92,400 refugees for resettlement
during the year, with or without UNHCR’s assistance. Some 27600
unaccompanied and separated children sought asylum on an individual basis and a
total of 111,000 unaccompanied and separated child refugees were reported in
2018. Both numbers are considered significant underestimates. Altogether, more
than two thirds (67 per cent) of all refugees worldwide came from just five
countries: Syrian Arab Republic (6.7 million), Afghanistan (2.7 million), south
Sudan (2.3 million), Myanmar (1.1 million), Somalia (0.9 million). For the fifth
consecutive year, turkey hosted the largest number of refugees worldwide, with 3.7
million people. The main countries of asylum for refugees were: turkey (3.7
million), Pakistan (1.4 million), Uganda (1.2 million), Sudan (1.1 million), and
Germany (1.1 million). Children below 18 years of age constituted about half of
the refugee population in 2018, up from 41 per cent in 2009 but similar to the
previous few years.

Q2) Define the term ‘Non Refoulement’? Discuss the wide application of the
principle of non-refoulement . Justify each point using relevant case study.

ANS) The prohibition of refoulement is the cornerstone of refugee protection. It

derives from Article 33(1) of the 1951 Refugee Convention, which provides that
“contracting State shall expel or return (‘refouler’) a refugee in any manner
whatsoever to the frontiers to 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.” It protects refugees against being
returned to a risk of persecution.

The scope and content of the principle of non-refoulement reflected in various

international instruments vary. Taken together, international refugee law and
human rights law prohibit the return to a risk of persecution and the return to a risk
of torture, inhuman or degrading treatment or punishment. The principle of non-
refoulement enshrined in the 1951 Refugee Convention not only covers recognized
refugees but also asylum seekers awaiting status determination. Furthermore, it
bans both the return to a country where a person would be at risk of persecution or
serious harm (direct refoulement), and the return to countries where individuals
would be exposed to a risk of onward removal to such countries (indirect or
onward refoulement).

1. Te principle of non-refoulement is found in different bodies of international

law:-

The principle of non-refoulement is most often referred to in the context of

refugee protection, given its codification in Article 33 of the  Convention relating to
the Status of Refugees  (Refugee Convention) and in regional refugee law
instruments. Over the past decades, however, the principle has also been included
in human rights treaties, such as the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment  (Article 3), the International
Convention for the Protection of All Persons from Enforced Disappearance (Article
16) and in regional human rights instruments. Moreover, the  UN Human Rights
Committee  has considered that non-refoulement is an integral component of the
protection against torture or other forms of cruel, inhuman or degrading
treatment or punishment, or arbitrary deprivation of life. Similar conclusions were
drawn by regional human rights courts, in particular the European Court of
Human Rights. Interestingly, already in 1949, the principle of non-
refoulement  was also included in the 1949 Geneva Conventions, [2] primarily
with regard to detainee transfers, but also to protect the civilian population. At its
core, the principle of  non-refoulement  is considered to form part of customary
international law.
 Under refugee law, the principle of non-refoulement applies to both refugees and
asylum seekers. In addition to being protected against refoulement, refugees are
entitled to a number of other rights provided under that body of law. In contrast,
protection against refoulement under human rights law means a person cannot be
returned, but will not automatically mean that the person has to be granted refugee
status and be afforded all of the rights that refugees are entitled to. In all
circumstances, however, a State must respect, protect and fulfill the human rights
of all persons under its jurisdiction.

The main difference between the principles of non-refoulement under its different

codifications is the question of whom falls under its protection and for what
reasons. Under refugee law, it protects refugees against return to places of
persecution, while under IHL it only applies to certain categories of persons that
are affected by armed conflicts. Under human rights law, the principle of non-
refoulement can protect any person under a State’s jurisdiction, provided a
pertinent danger exists in the State to which the person shall be transferred.
Depending on the applicable human rights treaties, the principle protects
individuals against different dangers that may not be covered by other bodies of
law, such as a risk of death penalty, cruel punishment, or child recruitment and
participation in hostilities, regardless of whether the danger to the person is based
on a discriminatory ground or not. While refugee law recognizes certain narrowly
defined exceptions to the principle of non-refoulement, the principle is absolute
under other bodies of law.

2. The principle of non-refoulement is applicable whenever a person falls

within the jurisdiction of a state:-

Under refugee and human rights law, it is understood that the principle of non-
refoulement protects persons that are under the jurisdiction of a State. This is the
case when a person is within a State’s territory, in its territorial sea, or when the
State exercises effective control over the person. Under refugee law, there is great
support for the view that the principle applies to rejection at a State’s border.
Moreover, in recent years human rights bodies and courts have been clear that the
principle also applies when States operate extraterritorially, including during
interception or rescue operations in the high seas. There is, admittedly, some
debate as to when exactly a person falls under the jurisdiction of a State. While it
has been argued that in the context of border closures or ‘pushback operations’ the
principle of non-refoulement applies because the State aims ‘to exercise effective
control over the physical movement of migrants, even if only through the direct
prevention of such movement in a certain direction’, the traditional view is that a
State needs to exercise effective—meaning physical—control over a person for
human rights law to apply.

3. The principle of non-refoulement can protect persons fleeing armed

conflict:-

The principle of non-refoulement applies regardless of whether a person flees from

a country that enjoys peace or a country involved in an armed conflict: if there are
substantial grounds for believing that the individual in question would be in danger
of being subjected to violations of certain fundamental rights, the person cannot be
returned. This would be the case, for instance, for a leader of an opposition group
who would in all likelihood be tortured or summarily executed upon return.

While the principle of non-refoulement is traditionally understood as protecting

against an individualized threat, it may also protect against more situational threats.
As many conflicts are fought on religious, ethnic or political grounds, UNHCR has
convincingly argued that civilians fleeing from armed conflicts often face
persecution on one of these grounds and qualify as refugees. Regional
instruments, legally-binding for most African States and non-legally binding
in Latin America and Asia, also recognize refugee status and protection for persons
fleeing armed conflicts or other situations seriously disturbing public order. A
number of States have included such broad definitions in their national laws. In
addition, the European Court of Human Rights has found that the principle of non-
refoulement applies if a person is not individually targeted, but where the threat
comes from ‘the most extreme cases of general violence, where there is a real risk
of ill-treatment [or violations of the right to life] simply by virtue of an individual
being exposed to such violence on return’.
4. The principle if non-refoulement protects against direct or indirect
measures that force a person to leave:-

The principle of non-refoulement prohibits not only the direct forcible return of

persons in the above-described situations, but also indirect measures that have the
same effect.

It is generally agreed that the principle protects persons from being transferred to a
State which may not itself threaten the individual, but which would not effectively
protect the person against onward transfer in violation of the principle of non-
refoulement (called indirect, chain or secondary refoulement).

Jurisprudence and expert opinions (see International Law Commission (article 10,

including sources cited in commentary); and also support the view that the
principle of non-refoulement prohibits States not only from directly transferring a
person to a place of danger (return decision enforced by the State), but also from
taking certain disguised or indirect measures that create circumstances leaving an
individual with no real alternative other than returning to a place of danger. Some
dispute that this is a legal prohibition. There is also, admittedly, a need for
clarifying the scope of such a norm. However, it is rather compelling that if a State
cannot lawfully return an individual, the principle of non-refoulement should also
be understood as also prohibiting indirect measures designed to circumvent this
prohibition.

5. The principle of non-refoulement requires procedural safeguards:-

In order to ensure that a person is not returned to a place where he or she would be
in danger of certain fundamental rights violations, essential procedural safeguards
are required. Under international and regional human rights law, persons with an
arguable claim that they would be returned in violation of the non
refoulement principle have the right to an effective remedy. This would at least
require that the individual needs to be informed of the transfer or return decision in
a timely manner and be able to challenge the decision before an independent and
impartial body. Given the seriousness of the danger at stake, returns must be
suspended pending a decision. Importantly, these safeguards need to apply in all
cases, including where a State purports to return people to an allegedly safe
country or has obtained diplomatic assurances for the treatment of the person.

Q3. How would you differentiate between ‘Refugees’ and

‘Internal Displaced Persons’? Also, discuss the causes and
consequences of refugee crisis.

 Refugee – persons or groups of persons who have been forced to flee, or

leave, their homes or places of habitual residence as a result of armed conflict,
internal strife, and habitual violations of human rights, as well as natural or
man-made disasters involving one or more of these elements, and who have
crossed an internationally recognized state border.
 Internally Displaced Person (IDP) – persons or groups of persons who have
been forced to flee, or leave, their homes or places of habitual residence as a
result of armed conflict, internal strife, and habitual violations of human
rights, as well as natural or man-made disasters involving one or more of these
elements, and who have not crossed an internationally recognized state border.

“Refugee status entitles individuals to certain rights and international

protection, while being an IDP is not a legal status because IDPs are still
under the jurisdiction of their own government and may not claim any rights
additional to those shared by their compatriots.”

 When people cross an international border to find safety during a crisis, they
come under the protection of the UNHCR. That means they are able to access
funding and resources of the UN. Decades of global news coverage has shown
that life for refugee is difficult. But they do have some protections; often have
access to camps built to provide shelter, and with food. In some cases, schools
are set up for young children and programs are established to help process
trauma. For Syrians who had to leave home because of the violence of ISIS,
and crossed into countries like Iraq, Turkey, Jordan and Lebanon….there has
been international assistance available.

 When people flee home, but don’t cross an international border to find safety,
they remain under the protection of their own country. It may seem like a
better situation—to find a temporary home within your country of origin. But
 in reality, it’s often a much more difficult situation. A country at war has
extremely limited resources to help displaced people. And internally displaced
persons are not protected under the UN.

“People forced to flee or leave their homes – particularly in situations of armed

conflict – are generally subject to heightened vulnerability in a number of areas.
Displaced persons suffer significantly higher rates of mortality than the general
population. They also remain at high risk of physical attack, sexual assault and
abduction, and frequently are deprived of adequate shelter, food and health
services.
The overwhelming majority of internally displaced persons are women and
children who are especially at risk of abuse of their basic rights. More often than
refugees, the internally displaced tend to remain close to or become trapped in
zones of conflict, caught in the cross-fire and at risk of being used as pawns,
targets or human shields by the belligerents.”

There has been government assistance for internally displaced people in Iraq—but
not nearly enough. Nearly 2 million people have been displaced in the last 11
months.

Causes of refugee crisis:-

Refugees are people who have been forcibly displaced from their home country
and are seeking a better life elsewhere. As per stats, they currently number more
than 25 million people. 

Refugees often have no other option but to leave their home country due to many
reasons outside of their control. It’s estimated that more than 37,000 people are
forced to leave their home due to conflict and persecution per day.

To understand how to help refugees, one needs to understand why people become
refugees in the first place. The causes differ from country to country; however,
there are a few primary suspects for the ongoing refugee crisis. 

Listed below are the biggest causes of a refugee crisis and how they affect millions
of people worldwide.

1. PERSECUTION : - There are various types of persecution which lead to a

refugee crisis. These include racial. Social, religious, and political persecution.
This is perhaps the most common reason why people become refugees. Religious
refugees are present almost everywhere, from the Dalai Lama to Muslims being
persecuted in Myanmar. Some of the numbers are staggering - for example, More
than 900,000 people have fled Myanmar since 2017.

2. WAR

Most refugees are people who have been displaced due to either a direct or indirect
result of a war.  The first major international refugee crisis happened in the 20th
century when more than 50 million people were displaced because of the Second
World War. As of now, the Syrian refugee crisis has been going on since 2011. 

It has caused over 6.3 million people to displace internally and caused over 5
million people to leave the country.

According to official records, 2 million Syrian refugees have been registered by

UNHCR in Egypt, Iraq, Jordan and Lebanon, 3.5 million Syrians registered by the
Government of Turkey, as well as more than 33,000 Syrian refugees registered in
North Africa. The number is followed by 2.7m people from Afghanistan and 2.3m
people from Sudan.

3. CLIMATE CHANGE

UNHCR recognizes climate change as a major factor for the refugee crisis. UN
General Assembly in December 2018 directly addresses this growing concern. It
recognizes that ‘climate, environmental degradation and natural disasters
increasingly interact with the drivers of refugee movements.’

It is estimated that around 16.1 million people have been displaced due to climate-

related reasons. Climate change has changed modern humanitarian needs, and
agencies like the UN are struggling to match the ever-changing requirements. In
fact, it cannot even yet be cited as an official reason to seek asylum.

In Somalia alone, more than 49, 00 people have been forced to leave their homes in
search of food and water since January 2019. Today, the world is staring at a
bigger humanitarian crisis due to the drought in Somalia that is estimated to
be close to 2.2 million people.

4. VIOLATION OF HUMAN RIGHTS: - Many countries face a severe

violation of human rights at the hands of the rich and powerful. Often carried out
by people who hold a position of authority and are fueled by greed, corruption and
power. Full-fledged corruption leads to severe unemployment and economic
disparity. Poor citizens of such countries are often violated by the rich and
powerful.

Regular violation of human rights and conditions which force people to flee their
place of birth leads to either internal or international displacement. Either way, this
puts a lot of economic and social burden on the refugees and the countries/cities
supporting them. Recognition of such human rights violation is a much-needed
step to solve the refugee crisis.

5. FINANCIAL HARDSHIPS: - Poverty is a major cause of the global

refugee crisis. An example of this is the Venezuelan Refugee Crisis. More than 4
million people have left Venezuela since 2015. What was once Latin America’s
fastest rising economy now has more than 32 million people being unable to afford
food? This has led to them fleeing to other countries as refugees, seeing an increase
of 8000 per cent of refugees since 2014. Financial instability, lack of access to
food and healthcare and uncontrolled inflation are often the major reasons for a
financially driven refugee crisis.

6. HUNGER:-The U.N. has declared the global hunger emergency the biggest
humanitarian crisis since 1945. It is estimated that more than 20 million people all
over the world face food insecurity. This results in mass displacement and the
refugee crisis. East Africa alone has 4 million refugees because of food scarcity
and lack of resources along with an additional 11 million internally displaced
people. This is often due to drought, corruption and political instability that forces
hunger displacement.

7. GENDER AND SEXUAL ORIENTATION:-

Gender and sexual-orientation based violence is an increasing reason for the

ongoing refugee crisis. The UNHCR recognized this and made it a valid reason to
seek asylum in 2012. As many as 77 countries in the world criminalize same-sex
relations and seven countries punish it with the death penalty.  

People in these countries are often targets of violence, death threats, discrimination
and live under a constant state of fear. This results in displacement to countries that
offer asylum and accept LGBT+ individuals with open arms.

Consequences of refugee crisis:-

1. Shadow Economy
The first economic impact of the refugee crisis can be seen as the emergence and
thriving of a shadow economy in Europe. Many European countries have legislated
high minimum wage laws. Business owners will be more than happy to employ
refugees because most of them will not be legally authorized to work and therefore
can be paid lower wages. This leads to an unhealthy competition amongst
businesses. Businesses that follow the rule of law will end up having more costs
than businesses that may employ these refugees and evade the minimum wage
legislation. This creates a tendency amongst all businesses to start evading the law.
In the long term this can create a significant economic hazard
2. Higher Tax Revenues

European nations are bound to earn higher tax revenues from the refugees. The
refugees will consume products and therefore will contribute to the economy in the
form of indirect taxes. Also, these refugees will make contributions to welfare
schemes and pay income taxes.
Most refugees would be willing to pay a higher rate of tax if it is levied on them.
An opportunity to live and work in an environment free of mortal danger would
definitely be worth the price!
Overall, the influx of migrants may not create adverse effects on the economies of
Europe. The doom and gloom predictions were merely scaremongering. It is likely
that the immigrants may actually end up adding value.

CONCLUSION:-
A refugee crisis can be caused by many reasons. The intensity and scale of these
causes is what forces people to leave their homes and birth countries to seek shelter
elsewhere. These factors like persecution, war, hunger, financial hardships, etc
force the mass displacement of people in hopes of survival. The limited ability
of international organizations to control and later reestablish refugees leads to
major social, political economic burden on a global scale. Efforts are being taken
to solve these issues to better the lives of people all over the world.