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International Protection Of Refugees In Mass Influx

Posted on:2005-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
GTID:2156360122485258Subject:International law
Abstract/Summary:PDF Full Text Request
1951 convention on the protection of refugee is the foundation of refugee protection system. But with the development of practice, it could not satisfy the requirement from reality. It could be concluded from the following aspects.Firstly, the refugee mass influx is arising from internal armed clash or some other infringement to human rights. But these situations don't fall into the range of 1951 convention. So sometimes we could not cite 1951 convention and grant protection to refugee in mass influx directly.Secondly, 1951 convention weighs on the mental factors of refugee. When persons apply for conventional refugee status, they should be judged case by case. But it is impossible in mass influx because of the big amount. So the situation in the sourcing country is the most important factors to be considered while deciding the refugee status.As for the above reasons, 1951 convention could not solve problems effectively in the practice. And later, Organization of African Unity ,United Nations High Commissioner for Refugees (UNHCR) and other international or regional organizations are developing principles and actions to protect refugee in mass influx. OAU convention on refugee protection, conclusions of UNHCR and the concept of 'concerned persons of UNHCR' could be seen as great achievements.As far as refugee protection in mass influx has been concerned, we think that Temporary Refuge is the appropriate means to achieve this goal. It will become an international refugee protection system in the world little by little. In this dissertation, we analyze its background, content, construction, and also we discuss how to make it better in the future.Temporary Refuge is formed on the ground of 1951 convention. He sticks to Non-refoulment Principle all the time. When large scale violence, invasion by foreign countries, serious infringement to human rights or internal armed conflict have occurred in one country, the most important right of the infringed is to enter into another country to flee from such serious situation. But at the same time, if too many refugees enter into a country in very short time, the received country may not have enough source to support them and also will face such problems as public order or state security as a sequent result. The advantage of Temporary Refuge could help us to mitigate tight situation. On the one hand, it could give protection to refugees in mass influx in the shortest time, and at the same time, it provide buffet zone between the permanent solutions to refugee and the enter right of refugee. States who grants protections to refugee would not worry too much about heavy responsibility to refugees. International cooperation principle is also another important aspects in Temporary Refuge system and forms into two pillars to Temporary Refuge with Non-refoulment principle. All the countries in the world have the obligation to unite and do their best to protect refugee in mass influx and solve refugee problem thoroughly at last.
Keywords/Search Tags:International
PDF Full Text Request
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