Saturday 16 September 2017

Law relating to refugees

The present day world is faced with a challenge of having refugees from various asian and African countries who are fleeing persecution. The right to seek asylum has been recognized by the Universal Declaration of Human Rights in article 14 which states that everyone has a right to seek and enjoy in other countries asylum from persecution, provided it is not prosecution arising genuinely due to non political crimes or from acts contrary to the principles and purposes of the United Nations.
The Convention relating to the Status of Refugees, 1951, describes and lays out the various rights of refugees and duties of the sheltering nations. Article 1 gives right to seek asylum from persecution arising due to race, religion, nationality, membership to a particular social group or political opinion in a country other than the one of his nationality and unwillingness to return there. However, the provisions cease to apply if he voluntarily returns to his country of nationality, or voluntarily reacquires nationality or acquires a new nationality, or if he voluntarily reestablishes himself in his country of nationality or prior residence, or if due to change in circumstances, he can no longer to refuse to avail protection of his country or is able to return to the country of his prior residence. The provisions of the Convention do not apply if he has committed serious crimes against peace or war crimes or he has committed serious non political crimes or is guilty of acts contrary to the principles and purposes of the United Nations.
Article 3 prohibits member states from discriminating on the grounds of religion, race or country of origin.
Article 4 gives the person seeking asylum to practice his religion and give religious teaching to his children.
Article 16 gives the refugees right to free access to courts in the country of asylum. The asylum seeker has a right to enter into a wage earning employment (Article17) as well as self employment. (Article 18)
Article 20 provides that where a system of rationing exists, the refugees shall be given the same rights as the nationals Article 22 gives refugees same access to elementary education as the nationals.
Article 26 gives there freedom of movement within the country of seeking shelter. Article 27 provides that the country has to issue identity papers to a refugee not having valid travel documents. Article 28 requires the country to issue travel documents for the refugee to travel outside the country of shelter.
Article 31 provides that the refugees who have entered a country unlawfully shall not be punished if they present themselves for registration within reasonable time. Article 32 prohibits the States from expelling refugees from their Territory except on the ground of public order or national security. Article 33 prohibits returning a refugee to a country where his life or freedom would be threatened on account of his race, religion, nationality, membership to a particular social group or public opinion.
Article 34 provides that the Contracting States should make provisions for the early assimilation and naturalization of the asylum seekers.
The member States are required to provide asylum to anyone who wants to escape persecution and also to provide him with facilities to lead a productive life. They cannot return them to the country where they are facing persecution and their life or liberty is endangered instead the contracting States are required to provide a safe haven to the asylum seekers.