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CENTRAL UNIVERSITY OF SOUTH

BIHAR
SCHOOL OF LAW & GOVERNANCE
(2016 – 2021)

PROJECT TITLE
HUMAN RIGHTS OF REFUGEES

NAME OF THE FACULTY

MS. POONAM KUMARI MA’M

NAME OF STUDENT
KUMAR SONAL

ENROLLMENT NO.

CUSB1613125024

SUBJECT
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HUMAN RIGHTS LAW & PRACTICE [LAW 552]

ACKNOWLEDGEMENT

I express my gratitude to our Faculty Ms. Poonam Kumari ma’m, who

has provided me with a wonderful opportunity to do a Project on the
topic “Human Rights of Refugees”.
I would also like to extend my gratitude towards all the frontline
COVID warriors, without whom it was unimaginable to work without
worrying about this pandemic.
I tried my best to collect information from various sources, assimilate
them and include them in the project. In spite of these checks and due
care there are possibilities that I may be wrong at some places for
which I seek apologies.
Last but not least I would like to thank all persons among my peers
who had continuously encouraged and assisted me in completion of
this project.

Thanks & Regards

Kumar Sonal
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CONTENTS
ACKNOWLEDGEMENT...........................................................................................................2
AIM AND OBJECTIVE.........................................................................................................................3
RESEARCH METHODLOGY.....................................................................................................................4
INTRODUCTION ……………………………………………………………………………………………….……….. 5 - 6
CONCEPT OF HUMAN RIGHTS ………………………………………………………………………………….. 6 - 7
WHO ARE REFUGEES ………………………………………………………………………………………………… 7 - 8
HUMAN RIGHTS OF REFUGEES ………………………………………………………………………………… 8 - 13
HOW TO PROTECT REFUGEES' RIGHTS …………………………………………………………………... 13 - 14
CONCLUSION ……………………………………………………………………………………………….…………….… 14
BIBLIOGRAPHY ……………………………………………………………………………………………………………… 15
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AIM AND OBJECTIVE

The main aim and objective behind this project are to: -

 To study the concept of human rights.

 To study, who are the refugees in law?

 To study human rights of refugees.

RESEARCH METHODLOGY
This project work is non-empirical in nature. It follows a descriptive-cum-analytical in
approach. It is largely based on secondary & electronic sources of data, books & other
references as guided by faculty.
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INTRODUCTION
As many as 50 million refugees have been resettled or repatriated since the end of World
War II, but nearly an equal number of uprooted people are struggling hard to regain their
basic human rights. Currently, the Office of the UN High Commissioner for Refugees
(UNHCR) is assisting more than 22 million people worldwide. 1Mass human rights abuses,
civil wars, internal strife, communal violence, forced relocation and natural disasters lead to
the creation of refugees. While national governments are responsible for the protection of the
basic human rights of their nationals, “refugees” find themselves without the protection of a
national state. There is thus greater need for according international protection and assistance
to these persons than in the case of people living in their home states.
Refugees by definition are victims of human rights violations. According to Article 1(a) (2)
of the United Nations Convention Relating to the Status of Refugees 1951 (hereinafter
referred to as Refugee Convention) the term ‘refugee’ shall apply to “any persons who,
owing to a well founded fear of being persecuted for reasons of race, religion, nationality,
membership of a particular social group or political opinion, is outside the country of his
nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection
of that country”. Professor James Hathaway defined it in terms of ‘the sustained or systematic
violation of basic human rights demonstrative of a failure of state protection’. ‘A well
founded fear of persecution’, according to him, exists when one reasonably anticipates that
the failure to leave the country may result in a form of serious harm which the government
cannot or will not prevent.2 Persecution encompasses harassment from state actors as well as
non-state actors.
It is clear from the foregoing discussion that it is the risk of human rights violations in their
home country which compels the refugees to cross international borders and seek protection
abroad. Consequently, safeguarding human rights in countries of origin is of critical
importance not only to the prevention of refugee problems but also for their solutions.
Respect for human rights is also essential for the protection of refugees in countries where
they are integrated locally or re-settled.
Although in the past human rights issues were virtually not allowed to enter the global
discourse on refugees under the erroneous assumption that the refugee problem, as a
humanitarian problem is quite distinct from a human rights problem, the current trend is
towards integration of the human rights law and humanitarian law with refugee law. The
growing realisation that given the number, size a growing realisation that given the number,
size and complexity of the problem of refugees the complexity of the problem of refugees the
limited approach to the problem which was devised in the context of the post-second world
war refugees and which placed greater reliance on safety and welfare, rather than solutions to

1
https://www.unhcr.org/3ae6bd900.pdf 
2
https://ijrcenter.org/refugee-law/ https://ijrcenter.org/refugee-law/
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the problem and virtually relieved the refugee-producing countries from their responsibilities
towards their nationals living in asylum countries.
The discourse has turned the attention of the UNHCR and other U.N. bodies to the intrinsic
merits and strengths of the human rights approach to the problem. It is now increasingly
recognised that such an approach is not only useful in reinforcing and supplementing the
existing refugee law and securing the compliance with its provisions through quasi-judicial
human rights implementing bodies,3 but can also make it more humane and effective.
Since today’s refugee problem is global in nature and concerns not only individuals in their
relations with states but also states in their relations with one another, we need a law which is
not only a law relating to the legal status and protection of refugees but also encompasses o
encompasses the refugee problem as problem as a whole, a whole, a law which aw which is
solution oriented and imposes collectivised responsibility on all states.
It is believed that a human rights perspective of the refugee problem will be helpful in
restructuring the present mechanisms of refugee law on these lines. In addition to this, human
rights oriented approach may be helpful in providing the necessary legal basis for the
protection of refugees in states.

CONCEPT OF HUMAN RIGHTS

The concept of human rights has become prevalent over the last century, corresponding with
the advent of the Universal Declaration of Human Rights (UDHR) in 1948. This declaration
was conceived with the intention of addressing the immense atrocities of the World Wars by
establishing a formal basis for the respect and fair treatment of humanity. However it has
become increasingly common to see the concept of human rights invoked not just in
controversial situations but also in seemingly common instances (the most recent query being
whether internet access constitutes a human right). If this trend were to continue, it would
soon become considerably difficult to draw the line between ordinary (legal and/or moral)
rights and human rights.
Appreciating the backdrop of such developments, I will attempt to address this issue in the
following manner. To begin, a definition of ‘human right’ has to be explicated in order to
deduce a criterion that satisfies it, and taking into account the two mainstream conceptions, it
is submitted that this definition should adhere to the orthodox conception  –  that human
rights are rights possessed by all human beings simply in virtue of their humanity. A right is
commonly understood to be a legitimate claim against or towards someone (usually not
oneself) to refrain from or perform a certain action. It is essentially a normative bond between
people.

3
https://www.un.org/ruleoflaw/thematic-areas/international-law-courts-tribunals/refugee-law/
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Essentially, human rights should be adhered to because violation of these rights will warrant
state intervention; unless a state complies with them, its laws will not impose obligations on
its peoples. While this definition seems to distinguish human rights from the broader category
of natural-rights by narrowing their scope, the focus seems to be in providing grounds for
justification of the concept, and makes no initial suggestion as to what the substantive
contents of such rights should be.
On the other hand, the orthodox conception of human rights provides clearer direction for
determining its substantive contents. It prescribes that human rights are natural rights
possessed by human beings in virtue of their humanity, and that such rights are discovered by
ordinary moral rights and reasoning. This conception points towards the idea that there is
something about our humanity, some good or value which merits protection and respect
through the mechanism of rights. Such values may very well contain political implications in
tandem with those expounded in the political conception.
Human rights violations are a major factor in causing the flight of refugees as well as an
obstacle to their safety and voluntary return home. Safeguarding human rights in countries of
origin is therefore critical both for the prevention and for the solution of refugee problems.
Respect for human rights is also essential for the protection of refugees in countries of
asylum.

WHO ARE REFUGEES?

Refugees are often treated as un-welcome aliens in most of the countries. There are legal as
well as socio-economic, and political and psychological reasons for psychological reasons for
such situation.
From the lawyer‘s point of view, status of a person, deprived of national protection, is
anomalous and this applies equally to refugees who can be compared to a vessel on the open
sea, not sailing under any flag. Absence of nationality or protection by a government or
sovereign state of the refugees creates legal difficulties. They often lack, proper
documentation on their identity and credentials or are unable to comply with the formalities
which are required from them, being aliens,  for the enjoyment of certain rights in the country
of their refuge. Their very position due to uncertainty of their nationality status, financial &
health status, ethnicity, religion, ideological orientation mode of livelihood and even country
of origin, are bound to create additional legal problems. Intentional discrimination or
unintentional discrimination due to limitation of applicable laws in the host country is
frequently the consequence. Social, political and psychological factors add to this situation.
Refugees are often destitute; they live in difficult financial and psychological conditions.
They are open to typical suspicions. Therefore intentional discrimination of the refugees is
not infrequent. The Convention relating to the Status of Refugees, adopted in Geneva on July
28, 1951, was aimed at regulating the legal status of refugees in far greater detail than the
previous instruments and thus, established within the Contracting (signatory) states a uniform
legal status for the existing groups of "United Nations protected persons."
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The Convention defined refugees in Article 1 as: “ Owing to well-founded fear of being
persecuted for reasons of race, religion, nationality, membership of a particular social group
or political opinion, is outside the country of his nationality and is unable or, owing to such
fear, is unwilling to avail himself of the protection of that country; or who, not having a
nationality and being outside the country of his former habitual residence as a result of such
events, is unable or, owing to such fear, is unwilling to return to it.”

HUMAN RIGHTS OF REFUGEES

I. Right to Protection Against Refoulement 
When a person is compelled to flee his country of origin or nationality his immediate
concern is protection against refoulement. Such protection is necessary and at times, the
only means of preventing further human rights violations. As his forcible return to a
country where he or she has reason to fear persecution may endanger his life, security and
integrity, the international community has recognised the principle of non-
refoulement,4 which prohibits  both rejection of a refugee at the frontier and expulsion
after entry.
This rule derives its existence and validity from the twin concepts of ‘international
community’ and ‘common humanity’ and must be seen as an integral part of that
foundation of freedom, justice and peace in the world which is human rights.
Legal basis for protection against forced return of refugees to countries where they
apprehend danger to their lives, safety, security and dignity can also be found in the law
relating to the prohibition of torture and cruel or inhuman treatment. treatment. Thus
Article 7 of the ICCPR which  prohibits torture and cruel, inhuman or degrading
treatment casts a duty on state parties not to expose individuals to the danger of torture or
cruel, inhuman or degrading treatment or  punishment  punishment upon return ‘to
another country by way of their extradition, extradition, expulsion or
refoulement’.5 Forcible return of an individual to a country where he or she runs the risk
of violation of the right to life is violation of the right to life is prohibited by international
human rights law.
The act of handing an individual over to his torturers, murderers or executioners
constitutes a violation of the obligation to protect individuals against torture and unlawful
deprivation of life. In this regard it is the liability of the state which handed over persons
to the actual perpetrators of torture or prescribed ill treatment, and not of the receiving
state.6

4
https://www.un.org/ruleoflaw/thematic-areas/international-law-courts-tribunals/refugee-law/
5
Rhona K. M. Smith: Textbook on International Human Rights, Oxford. University Press, Oxford.
6
https://www.ohchr.org/Documents/Publications/Fact
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Thus the principle of non-refoulement is well entrenched in entrenched in conventional

and conventional and customary international law. Despite this, of late governments
everywhere are adopting unilateral restrictive practices to prevent the entry of refugees
and other forcibly displaced persons into their territories. Refugees are interdicted on the
High Seas. Penalties have been imposed against airlines or shipping companies carrying
suspected passengers.
New concepts such as ‘temporary protection’ and the ‘safe third country rule’ which
allow officials to eject people on flight who have already transited another state have been
introduced. Hundreds of thousands of refugees seeking shelter in the refugee camps have
been demarcated in airports where physical presence does not amount to legal presence
and from where summary and arbitrary removal is permissible. Besides, safety zones
have been created inside countries as in Northern Iraq and former Yugoslavia to stop
asylum seekers moving out and seeking refuge. Asylum seekers have been held in
offshore camps which have been effectively declared rights free zones. Not content with
these measures Europe and North A Europe and North America have codified the so
called ‘country of first arrival’ principle which purports to ‘assign’ refugees to be the
responsibility of a single asylum state, without regard for the quality of protection offered
there.
As refugee protection is an important dimension of human rights protection, unilateral
restrictive practices adopted by both the developed and developing countries are
inconsistent with their obligations under international refugee law and humanitarian law
and constitute a serious violation of human rights.
(II) Right to Seek Asylum
Once a person fleeing persecution enters a state other than that of his origin or nationality,
what he needs most is asylum. “Asylum is the protection which a State grants on its
territory or in some other place under the control of certain of its organs, to a person who
comes to seek it”.7 Asylum is necessary not only for safeguarding his right to life, security
and integrity but also for preventing other human rights violations. The right of a person
to leave the other or his country is recognized in several human rights instruments but
even his right to seek and to enjoy in other countries asylum from persecution has been
proclaimed as a human right. And, if a state grants asylum to persons entitled to invoke
Article 14 of the Universal Declaration of Human Rights, it cannot be regarded as an
unfriendly act by any other state (including the state of origin or nationality of asylum
seekers).
Under traditional law, asylum is the right of the state, not of the individual who can only
seek it and if granted enjoy it. Unfortunately, all attempts to provide that everyone has the
right of asylum from persecution have been frustrated by states. As refugees need at least
temporary refuge pending durable solutions either in the form of resettlement in a third
state or repatriation to refugee’s own country, a denial of asylum in the case of genuine
refugees is nothing but a denial of the existence of any international community as well as
7
Dr. H. O. Agarwal: International Law and Human Rights, Central Law Publications, Allahabad.
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a denial of the existence of a common humanity. It is also repugnant to the principle of

common concern for the basic welfare of each human being which forms the basis of the
current refugee regime and furthermore runs counter to the oft-repeated assertion at the
global level that the promotion and protection of all human rights is a legitimate concern
of the international community and accordingly humanitarian intervention in certain
circumstances is permissible and justified. Denial of asylum to genuine refugees is also
against UNHCR policies.
In this context, it may be noted that the underlying principle for the UNHCR is that “In
cases of large-scale influx, persons seeking asylum should always receive at least
temporary refuge”. In 1986 the UNHCR had taken the position that “Refugees and
asylum seekers who are the concern of ...office should not be the victims of measures
taken by Governments against illegal immigration or threats to their national security,
however justifiable these may  be in themselves”.8
(III) Right to Equality and Non-Discrimination
A refugee is entitled to be treated with humanity by the state of asylum. The obligations
of the State of refuge on this count are derived from the rules and principles, which enjoin
respect and protection of fundamental human rights, general international law and
elementary considerations of humanity and are founded on the international community’s
interest in and concern for refugees. Refugees under the Refugee Convention are entitled
to relatively higher standards of treatment than those belonging to B status category or
mandate refugees.
Since as a general rule, the rights and freedoms recognised by international human rights
law apply to everyone, including refugees, the latter are also entitled to respect for, and
protection of their basic human rights like nationals of the state of refuge. Of crucial
importance to the protection of human rights and fundamental freedoms of refugees is the
rule of non-discrimination laid down in several global and regional human rights
instruments, because being foreigners in the asylum country the asylum country they are
they are most vulnerable to most vulnerable to discrimination. It must discrimination.
It must be recognised that refugees often lack proper identification and official documents
and as such might encounter problems with the authorities. Their presence in a foreign
country might be resented or they might be received with suspicion because of their
religion or ethnicity. They might also counter difficulties due to absence of sufficient
provisions in the national laws of the country of asylum for refugees or because of
uncertainty about the extension of the benefits of the laws to refugees.9
However, even though refugees are foreigners in the asylum country, by virtue of Article
2 of ICCPR they enjoy the same fundamental rights and freedoms as nationals. The right
to equality before the law, equal protection of the law and non-discrimination which form
a cornerstone of international human rights law appear to ban discrimination against
refugees based on their status as such.
8
https://www.oxfordhandbooks.com
9
https://www.oxfordhandbooks.com
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IV) Right to Life and Personal Security

Refugees as a group are the most endangered people in the world. Most of their basic
human rights are threatened during flight and upon their relocation in camps in the
sanctuary state and finally during their return to their countries of origin or nationality.
In the initial and most desperate phase they often lose all their belongings, their basic
security, family and often their own lives. For majority of refugees, life in exile is as bad
or worse than the conditions in their own country which compelled them to flee.
Refugees frequently are at risk of various Refugees frequently are at risk of various acts
of acts of violence which may include killings, torture, rape, genocide, extra-judicial
executions, forcible disappearances etc. They are also vulnerable to direct and
indiscriminate attacks during hostilities, acts of terrorism, and the use of dangerous
weapons and land mines.
Many states Many states make it impossible for make it impossible for refugees to remain
there refugees to remain there by cutting by cutting food rations, by food rations, by
imprisoning them behind barbed wires, and otherwise making their lives impossible. And,
when refugees return their home they are often not able, to reclaim their old homes or
political rights.
In view of the foregoing the provisions of human rights law guaranteeing the right to life
and protection against genocide, which is a grave form of violation of the right to life, are
of direct relevance and far-reaching importance to refugees. It is true that most of the
human rights treaties do allow for certain forms of taking of life (e.g. in the form of the
death penalty or in defence of unlawful violence), but arbitrary deprivation of the right to
life is prohibited in all circumstances.
In protecting against ‘arbitrary deprivation of life’, State Parties should take measures not
only to prevent and punish deprivation of life by criminal acts, but also to prevent
arbitrary killing by their own security forces.
The human rights regime guaranteeing freedom from torture and cruel, inhuman or
degrading treatment or punishment is of paramount importance to refugees, particularly
women and girls who may be compelled to suffer violence or ill treatment during flight
and upon their relocation in camps. Refugees like other persons are entitled to be treated
with humanity and respect for the inherent dignity of the inherent dignity of the human
person, human person, when they are held in prisons, hospitals, detention camps or
correctional institutions or elsewhere.
It is the duty of the State “to afford every one protection through legislative and other
measures as may be necessary against torture and cruel, inhuman or degrading treatment
or punishment, whether inflicted by people acting in their official capacity or in a private
capacity”.10

10
Dr. S. K. Kapoor: Human Rights under International Law & Indian Law, Central Law Agency, Allahabad.
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Therefore, refugees might be entitled to request positive measures by authorities against

unlawful acts by non-state actors. Amongst the many dangers which refugee may face in
the asylum/refuge country are hostage taking, forcible recruitment, and abdication and
abdication into slavery like practices. Provisions of human rights law proscribing these
acts will provide safeguards to all persons, including refugees. Besides, it can be argued
that refugees cannot be deprived of their liberty except on such grounds and in
accordance with such procedure as are established by law.
(V) Right to Return
Refugees need to be guaranteed the right to return voluntarily and in safety to their
countries of origin or nationality. They also need protection against forced return to
territories in which their lives, safety and dignity would be endangered. Human rights law
recognises the right of an individual, outside of national territory, to return to his or her
country.
The U.N. Security Council has also affirmed “the right of refugees and displaced persons
to return to their homes”. In a similar vein, the Sub-Commission on Prevention Sub-
Commission on Prevention of Discrimination of Discrimination and Protection of
Minorities has affirmed “the right of refugees and displaced persons to return, in safety
and dignity, to their country of origin and or within it. The right of a refugee to return to
his country of origin also arises from the rules of traditional international law which stress
the duty of the State of origin to receive back its citizen when the latter is expelled by the
admitting state and to extend its diplomatic protection to him.
Besides, the social fact of attachment, together with the genuine connection  between a
between a national and national and his state, sentiments, and emotional ties with his with
his motherland give motherland give rise to the above mentioned obligations of the State
of origin.11
Therefore, if a state of origin chooses to ignore the link of nationality and to ‘write off
those who have fled, it may involve a breach of obligation to the state of refuge and
perhaps also to the international community. A refugee has the right to return to his or her
country and enjoy his or her basic human rights. It in turn casts an obligation on the state
of origin, the state of refuge and also the international community to create conditions
conducive to his voluntary and safe return to the country of origin since refugee status is a
temporary state of affairs and its only objective is to deliver human rights protection for
the duration of risk, it should extinguish as soon as that risk comes to an end by reason of
a fundamental risk comes to an end by reason of a fundamental change of circumstances.

VI. The Right to Remain

11
Dr. S. R. Myneni: Human Rights, Asia Law House, Hyderabad.
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Recently, U.N. Sub-Commission on Prevention of Discrimination and Protection of

Minorities has affirmed “the right of persons to remain in peace in their own homes, on
their own lands and in their own countries”. 
The Turku/Abo Declaration on Minimum Humanitarian Standards also provides in
Article 7(1) “All persons have right to remain in peace in their homes and their places of
residence.” Article 7 runs: “No person shall be compelled to leave their own country”.
This right which is also known as ‘the right not to be refugees’ has provided the
jurisprudential basis for the concept of ‘preventive protection’.
Articulating the concept the U.N. High Commissioner for Refugees, Sadako Ogata has
urged the international community to address and remedy the root causes of
displacement. Failing this, it must assist and protect people in their own countries. At the
same time she has cautioned that “the notion of prevention can only be effective if backed
by political action for a peaceful settlement”.
The concept of ‘preventive protection’ is postulated on the following premise.
‘Recognition of the relevance of root as well as of immediate causes can lead to a
beneficial consideration of the whole range of human rights applicable to the refugee
problem including ‘collective’ rights as well as the rights of “individuals” and economic,
social and cultural rights as well as civil and political rights.
In practical terms, it can entail acknowledging the fundamental importance of
international solidarity in economic and social development”. However, it should be
recognised that solution oriented and human rights informed appropriate responses to the
refugee problem are the need of the hour.
In the context of this broad approach of prevention will become a part of the solution. But
such an approach demands the abolition of those measures which are designed to make
trans-boundary movement difficult or even impossible for those who because of adverse
and unfavourable circumstances in their countries of origin or nationality might seek
leave.

How to protect refugees’ rights?

Since dealing with the root problems which cause persons to become refugees is more a
matter of politics than of law. Progress, unhappily has been discouragingly slight in the
refugee area.
A foothold for the inclusion of refugees within the protection of International Human
Rights norms exists in the draft Declaration drawn up by the United Nations Sub-
Commission on the Prevention of Discrimination and Protection of Minorities in 1974,
but to date, it is still not finalized.
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The Elle‘s  draft Declaration on the human rights of non-citizens, if embraced by

governments and promoted by human rights activists, could greatly alter the perspective
on the rights of refugees, among other alien persons and groups.
For example, the draft declaration provides for protection of alien assets. And, although
aliens would be required to respect the customs and traditions of the host state, they
would also retain the right to maintain their own languages, cultures, and traditions.
Recognition that refugee and other aliens do not wish, in most cases, to be simply
assimilated into the host nation's culture. In addition to these rights, refugees would have
explicit access to all the existing International Human Rights laws and norms.
Besides all, there is need for expansion of the Universal Declaration of Human Rights to
include the Rights of Refugees. Also there is need to make a more comprehensive and
binding framework for protection of refugees which would be for protection of refugees
which would be agreed by agreed by most countries.

CONCLUSION
Now, it is the time for a progressive development of a global approach to the refugee
problem, an approach which takes due cognizance of the basic human rights of refugees
and interests of the asylum countries and the international community, and secures the
cooperation of all parties in seeking a solution to the problem.
Given the close link between refugees and human rights, international human rights
standards are powerful ammunitions for enhancing and complementing the existing
refugee protection regime and giving it proper orientation and direction. Since the refugee
problem is an important aspect of human rights protection, human rights groups,
humanitarian organisations, the UNHCR, Governments and U.N. human rights agencies
should take a hard look at their respective roles and make coordinated efforts for
elimination of human rights abuses and protection of the rights of refugees.
 P a g e | 15

Bibliography

Books

 Dr. S. K. Kapoor: Human Rights under International Law & Indian Law, Central
Law Agency, Allahabad.

 Dr. S. R. Myneni: Human Rights, Asia Law House, Hyderabad.

Websites

 https://www.oxfordhandbooks.com

 https://www.un.org

 https://ijrcenter.org

 https://www.unhcr.org