Introduction
Legislation can serve several purposes: it can regulate sanctions limitation or authorization. Legislation has been developed in the field of displaced persons to clarify the responsibilities of each State and ensure legal rights. The protection of civil rights is in every state responsibility. If this does not happen, and the rule of law in a country breaks down because the government is unable or unwilling to provide protections for the rights of its citizens, it is the duty of another country to step in to ensure that those rights are respected. this is called “International Protection”. [1] The international legal framework establishing this protection was developed after World War II in response to large population movements and the resulting potential for instability. [2] IHL Refugees Law and human rights law are complementary legal systems. Their common goal is to protect human life, health and dignity, and form a complex and complementary protection network. [3]
Humanitarian Principles
The core humanitarian principles of humanitarian impartiality, independence and neutrality derive from the work of the ICRC and National Red Cross/Red Crescent Societies. They are based on international humanitarian law and provide comprehensive and Widely accepted code of conduct commitments and core standards support ‘humanitarian’ responses. [4] These humanitarian principles were formally enshrined in two General Assembly resolutions. The first three principles of humanity, neutrality and impartiality are called The Humanitarian Response Solution was approved by UN General Assembly Resolution 46/182 in 1991, while the independent Fourth Principle was approved in 2004 by Resolution 58/114.
These humanitarian principles provide the basis for humanitarian action and should be consistently followed by rehabilitation professionals as humanitarian responders. These principles are critical to establishing and maintaining access to affected populations, whether in a disaster or complex emergencies such as armed conflict. They should guide you in all your decisions. [5]
Table 1. Core Humanitarian Principles [5] Humanity Neutrality Impartial Independence Human suffering must be addressed wherever it occurs. The purpose of humanitarian action is to protect life and health and to ensure respect for human beings. Humanitarian actors must not engage in hostilities or To engage in controversies of a political, racial, religious or ideological nature. Humanitarian action must be conducted only on the basis of need, with priority given to the most urgent distress situations, and not on the basis of nationality, race, gender, religion, class or Political Views. Humanitarian action must be independent of political, economic, military or other objectives that any actor may have in the area where humanitarian action is conducted. Special attention should be given to the most vulnerable groups of the population, such as children Elderly and disabled. Rehabilitation must be provided without discrimination and directed solely on the basis of need, and priority must be given to those most in need.
[6][7]
International Human Rights Law
The Universal Declaration of Human Rights[8], adopted in 1948, is generally regarded as the foundation of international human rights law. It represents the universal acknowledgment that fundamental rights and fundamental freedoms are inherent in and inalienable to all human beings and apply equally to everyone We are all born free and equal in dignity and rights. The international community made a commitment on December 10, 1948 to uphold dignity and justice for all, regardless of our nationality, place of residence, gender, national or ethnic origin, colour, language of religion, or any other status us. Together with the International Covenant on Civil and Political Rights[9] and its two Optional Protocols and the International Covenant on Economic, Social and Cultural Rights[10], it constitutes the so-called International Bill of Human Rights[11]. Human rights law governs the State’s obligations Citizens and other individuals within its jurisdiction. Human rights law embodies the highest ideals of humanity that every human being is entitled to a range of rights and freedoms and therefore cannot be taken away by the state and applied at any time. [12]
According to the United Nations, the commitments outlined in the 1948 Universal Declaration of Human Rights have been translated into law in the form of treaties, general principles of customary international law, regional agreements and domestic laws through which human rights are expressed and ensure. It has inspired more than 80 international human rights treaties and declarations, regional human rights conventions, domestic human rights bills and constitutional provisions, which together form a comprehensive legally binding system for the promotion and protection of human rights right. [8]
The nine core international human rights treaties covered set international standards for the protection and promotion of human rights to which countries can sign by becoming parties[13]. These treaties are:
- International Convention on the Elimination of All Forms of Racial Discrimination;
- International Covenant on Economic, Social and Cultural Rights;
- International Covenant on Civil and Political Rights;
- Convention on the Elimination of All Forms of Discrimination against Women;
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
- Convention on the Rights of the Child;
- International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families;
- Convention on the Rights of Persons with Disabilities;
- International Convention for the Protection of All Persons from Enforced Disappearance.
International Humanitarian Law
Also known as the laws of war or the law of armed conflict, IHL is a set of rules that seeks to limit the effects of armed conflict for humanitarian reasons, rooted in the rules of ancient civilizations and religions. it protects people who are not or no longer are Means and methods of taking part in hostilities and limiting warfare, applicable only to armed conflict, excluding internal tensions or riots or acts or terror. [14]
The main body of IHL is contained in the four Geneva Conventions of 1949, which have since been supplemented by two further agreements: the 1977 Additional Protocols concerning the Protection of Victims of Armed Conflict. Other agreements constituting the International Humanitarian law prohibits the use of certain weapons and military tactics and protects certain categories of persons and goods, including:[14]
- The 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict and its two Protocols;
- 1972 Biological Weapons Convention;
- The 1980 Convention on Conventional Weapons and its five Protocols;
- 1993 Chemical Weapons Convention;
- The 1997 Ottawa Convention on Anti-Personnel Mines;
- 2000 Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.
International humanitarian law protects those who do not take part in the fighting, such as civilians and medical and religious military personnel, and those who have ceased to take part in the fighting, such as wounded victims and sick combatants and prisoners of war. [14]
Refugee Law
1951 Convention Relating to the Status of Refugees
The 1951 Convention relating to the Status of Refugees, known as the Refugee Convention, is the main international instrument of refugee law and it is based on status and rights. Ratified by 146 States parties, it defines the term “refugee” and outlines the rights of displaced persons and States protect their legal obligations. The convention clearly defines who is a refugee and what legal protection assistance and social rights they should receive from the countries that signed the document. It contains comprehensive provisions on obligations and rights Refugees work in diverse areas such as gainful employment, labor legislation, social security, public relief and education. The Convention also sets out the obligations of refugees to host governments and certain categories or persons, such as war criminals who do not qualify for refugee status. [15] This The provisions of the 1951 Convention shall not apply to any person who has good reason to believe that they;
- Committing crimes against peace, war crimes or crimes against humanity as defined in international instruments established to regulate such crimes;
- Committed a serious non-political crime outside the country of refuge prior to entering the country of refuge as a refugee;
- Convicted of acts contrary to the purposes and principles of the United Nations. [15]
The central principle of the 1951 Convention, the principle of non-refoulement, that refugees should not be returned to countries where their life or liberty would be seriously threatened, is now recognized as a rule of customary international law.
[16][17]
1967 Protocol Relating to the Status of Refugees
The 1967 Protocol relating to the Status of Refugees is an international treaty and should be read in conjunction with the 1951 Convention relating to the Status of Refugees (the Refugee Convention). The 1951 Refugee Convention was drawn up after World War II and applies only to people People displaced by events in Europe before 1 January 1951. New refugee situations arose after 1951 that fell outside the scope of the 1951 Refugee Convention, which led to the 1967 Protocol. The 1967 Protocol aimed at provide equal status to all refugees, regardless of their geographical location and the date of January 1, 1951″.[18]
Basically, the 1967 Protocol removed the geographical and temporal limitations of the Refugee Convention, so the Convention applies universally. [15] The treaty ensures that the protections in the Refugee Convention originally limited to post-World War II Europe are extended to all refugees.
1969 Organization of African Unity Convention concerning the Specific Aspects of the African Refugee Problem
The 1969 Organization of African Unity Convention Relating to the Specific Aspects of the Question of Refugees in Africa, promulgated in Addis Ababa on 10 September 1969 and entered into force on 20 June 1974, is a regional treaty on the protection of refugees in Africa Sexual legal instrument, including 15 articles. it Based on the 1951 Refugee Convention and the 1967 Protocol Relating to the Status of Refugees, and influenced the 1984 Cartagena Declaration and the 2009 African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (also known as for the Kampala Convention). [19]
1984 Cartagena Declaration on Refugees
Influenced by the Organization of African Unity Convention on Specific Aspects of Refugee Problems in Africa, the 1984 Cartagena Refugee Declaration[20] or simply the Cartagena Declaration was adopted in 1984 by representatives from 10 Latin American countries: Leeds Colombia Costa Rica El Salvador Guatemala Honduras Mexico Nicaragua Panama is a non-binding regional instrument for the protection of refugees in Latin America. [20]
The Cartagena Declaration introduced a broader category of persons in need of international protection who are considered refugees, including those who have fled their country for the safety of their lives or liberty at the hands of widespread violence, foreign aggression and internal aggression Conflict Mass violations of human rights or other serious disturbances of public order. [20]
Dublin Regulation
The Dublin Regime was originally established by the Dublin Convention, signed in Dublin, Ireland, on 15 June 1990 and first entered into force on 1 September 1997. [21] This was followed by the adoption of the Dublin II Regulations in 2003 as an agreement between Europe and the Liechtenstein decides which member state is responsible for examining asylum applications submitted by people seeking international protection within the EU under the 1951 Geneva Refugee Convention and the EU Eligibility Directive. Essentially The Dublin Regulations provide the legal basis and procedural rules for establishing criteria and mechanisms for determining the country responsible for examining applications for international protection filed by third-country nationals or stateless persons in one of the participating countries based on a set of criteria. The criteria for determining liability run in hierarchical order, from family considerations to having recently held a visa or residence permit in a member state, to whether the applicant entered the EU irregularly or regularly. [21][22][23]
The goal of the Dublin Regulations is to ensure fast entry into asylum procedures and examination of applications on their merits by a clearly identified member state. One of the purposes of the regulation is to ensure that a person does not make multiple asylum claims several member states. According to the Dublin Regulations, families and relatives scattered across different European countries can be reunited during an asylum application. Unaccompanied children can apply to join a parent legal guardian or sibling aunt uncle or grandparent living in Europe. Adults can apply to be united with their family members (spouse/partner or children) in another country if the family members are asylum seekers or refugees or have received subsidiary protection. [twenty four]
In recent years, this arrangement has made some European countries shoulder greater responsibility than others in dealing with migrants and refugees, with the result that large numbers of migrants and refugees have not received the support and help they deserve. A 2008 review found that In the absence of coordination, “the Dublin system is unfair both to asylum-seekers and to certain member states”[25] putting increasing pressure on the EU’s external borders and seriously disrupting those fleeing to Europe to seek protection people’s lives. this leads to Further reforms were introduced in June 2013 with the adoption of the Dublin III Regulations (No. 604/2013) to replace the Dublin II Regulations. [23][26][27]
[28]
In September 2020, the EU proposed a new European migration governance system to replace the Dublin Regulations, which would have a common structure on asylum and return and would have a new strong solidarity mechanism.
2016 New York Declaration for Refugees and Immigrants
The UN General Assembly unanimously adopted the New York Declaration on Refugees and Migrants on 19 September 2016, reaffirming the importance of the international refugee system and containing a broad commitment by Member States to strengthen and strengthen protection mechanisms People are moving.
[29]
2018 Edinburgh Declaration on Immigrant Race and Health
In May 2018, the first World Congress on Immigrant Race and Health was held in Edinburgh, with more than 50 countries participating. The conference produced the “Declaration of Edinburgh”. [30] Statements from researchers and healthcare professionals to engage in an integrated dialogue on issues related to Immigrant ethnicity indigenous and Roma. [31]
2018 Global Compact on Refugees
On 17 December 2018, following more than two years of extensive consultations led by UNHCR with Member States, international organizations, refugees, civil society, the private sector and experts, the United Nations General Assembly endorsed the Global Compact for Refugees[32]
The Global Compact on Refugees is a framework for more predictable and equitable burden-sharing, acknowledging that sustainable solutions to displaced people cannot be achieved without international cooperation, and providing a blueprint for governments, international organizations and others Stakeholders ensure that host communities receive the support they need and that refugees can lead productive lives. [33] The four key objectives are:[32]
- Ease the pressures on host countries;
- Enhance refugee self-reliance;
- Expanding access to third-country solutions;
- Create conditions for safe and dignified return to their country of origin. [32]
[34]
Internal Displacement Law
Like all human beings, internally displaced persons enjoy human rights as enshrined in international human rights instruments and customary law. Furthermore, in situations of armed conflict, they enjoy the same rights as other civilians and enjoy the full range of protections provided by international law humanitarian law. Primary responsibility for assistance and protection of IDPs rests with the Government of the country where IDPs are found, with the international community playing a complementary role and no single agency or organization designated as global Take the lead in protecting and assisting internally displaced persons.
2004 United Nations Guiding Principles on Internal Displacement
The United Nations Guiding Principles on Internal Displacement[35] address the specific needs of internally displaced persons worldwide. They identified the rights and guarantees related to the protection of persons from forced displacement and protection and assistance during displacement as and during return or resettlement and reintegration, consistent with and reflecting international human rights and humanitarian law and refugee law. [35]
2009 African Union Kampala Convention on the Protection and Assistance of Internally Displaced Persons in Africa
The 2009 African Union Kampala Convention for the Protection and Assistance of Internally Displaced Persons in Africa[36] is an African Union treaty to address internal displacement caused by armed conflict, natural disasters and large-scale development projects in Africa.
Statelessness Law
The 1954 Convention relating to the Status of Stateless Persons[37][38] and the 1961 Convention on the Reduction of Statelessness[39] are the main international conventions addressing statelessness. They are complemented by international human rights treaties and rights-related provisions a nationality.
1954 Convention relating to the Status of Stateless Persons
The 1954 Convention Relating to the Status of Stateless Persons, adopted on 28 September 1954 and entered into force on 6 June 1960, defines a stateless person as “a person who is not considered a national of any State under its laws”. with that The basis for an international legal framework to address statelessness. [38]
The Convention outlines the minimum standard of treatment, requires stateless persons to enjoy the same rights as citizens of a country in terms of freedom of religion and freedom of education for their children, and stipulates the rights of association, employment and rights of stateless persons. Housing should at least be accorded the same treatment as other non-nationals. [38]
1961 Convention on the Reduction of Statelessness
The 1961 Convention on the Reduction of Statelessness[40], adopted on 30 August 1961 and entered into force on 13 December 1975, is the main international instrument that sets out rules for the grant and non-revocation of citizenship to prevent New statelessness emerges and complements the 1954 Convention relating to the Status of Stateless Persons. It includes 10 articles stating that States should implement safeguards in four main areas to prevent and reduce statelessness:[40]
- Measures to avoid child statelessness
- Measures to avoid statelessness through loss or renunciation of nationality
- Measures to avoid statelessness through deprivation of nationality
- Measures to avoid statelessness in the context of State succession[40]
Human Trafficking and People Smuggling Act
Trafficking in persons and smuggling of migrants are widespread crimes worldwide, exploiting boys, girls and children. Organized networks or individuals behind these lucrative criminal activities take advantage of vulnerable populations who are desperate or just looking for a better life. United Nations The Convention against Transnational Organized Crime, adopted by the General Assembly in its resolution 55/25 of 15 November 2000,[41] is the main international instrument to combat transnational organized crime, complemented by specific areas and manifestations of organized crime the three protocols of crime. Two of the protocols focus on preventing human trafficking and people smuggling. [41]
Protocol to Prevent, Suppress and Punish Trafficking in Persons
As part of the United Nations Convention against Transnational Organized Crime, the United Nations adopted the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime in November 2000[42] Organized Crime and entered into force on December 25, 2003. It is the first legally binding instrument with an internationally accepted definition of human trafficking and provides a tool to identify victims and detect all forms of exploitation that constitute human beings trafficking. [42]
“Trafficking in persons” means the use of threat or use of force or other forms of coercion, kidnapping, fraud, deception, abuse of power or exploitation of a position of vulnerability or the giving or Accepting a payment or benefit to gain the consent of someone who controls another for the purpose of exploitation. Exploitation shall include, at a minimum, exploitation of another person for prostitution or other forms of sexual exploitation, forced labor or services, slavery or Practices akin to slavery or organ harvesting;[42]
Protocol against the Smuggling of Migrants by Land, Sea and Air
The Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, was adopted by the United Nations in November 2000 as part of the United Nations Convention against Transnational Organized Crime and signed Effective January 28, 2004. It is the first legally binding instrument with an internationally accepted definition of people smuggling and provides a tool to identify victims and detect all forms of exploitation that constitute people smuggling. [43]
“Smuggling of migrants” means the procurement for the purpose of obtaining, directly or indirectly, economic or other material benefits from the unlawful entry of a person into a State Party of which he is not a national or permanent resident;
Known as the “Smuggling Agreement,” it aims to prevent and combat migrant smuggling, reducing the power and influence of organized crime groups that abuse migrants through people smuggling, while protecting the rights of smuggled migrants. It emphasizes the need for humane treatment and A comprehensive international approach is needed to combat people smuggling, including socioeconomic measures that address the root causes of migration. [44]
Unlike human trafficking, human smuggling is typically characterized by some level of consent between the individual and the smuggler, which ends when the final destination is reached. In many cases, however, smuggled persons are threatened, ill-treated, exploited and tortured, even Died at the hands of smugglers who committed extreme human rights abuses. The smuggling of migrants criminalization promoted by the Smuggling of Migrants Protocol is not aimed at criminalizing migrants per se, but at criminalizing and prosecuting those who smuggle others for profit. [43]
Conclusion
International humanitarian law, human rights law and displacement law, including refugee, internal displacement, human trafficking and human smuggling legislation are complementary legal systems that share the common objective of protecting human life, health and dignity and forming Complex complementary protection network.
References
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