A Refugee, A Nation and An International Community: The New Order of

Humanitarian Assistance
*Swetangi Das- Semester 6th
*Anurag Dash- Semester 6th

ABSTRACT

The refugee problem is in fact global problem that need protection. It affects not only millions
of people around the world, but also the policies and practices of virtually every country. To
address this problem, UNHCR and the IPU believe that it is important to broaden the base of
State support for the 1951 Convention relating to the status of refugees and its 1967 Protocol.
States have been granting protection to individuals and groups fleeing persecution for
centuries; however, the modern refugee regime is largely the product of the second half of the
twentieth century. Like international human rights law, modern refugee law has its origins in
the aftermath of World War II as well as the refugee crises of the interwar years that preceded
it. Article 14(1) of the Universal Declaration of Human Rights (UDHR), which was adopted
in 1948, guarantees the right to seek and enjoy asylum in other countries. Subsequent regional
human rights instruments have elaborated on this right, guaranteeing the “right to seek and be
granted asylum in a foreign territory, in accordance with the legislation of the state and
international conventions.” The right to liberty and security of the person is important in the
context of how asylum seekers are treated within the intended country of refugee. The
national laws of several countries provide for the detention of asylum seekers at one point or
another during the adjudication of their claims. The 1951 Convention also protects rights of
refugees, such as the right to family life, rights to education, access to justice, employment,
and other fundamental freedoms and privileges similarly enshrined in international and
regional human rights treaties. In their enjoyment of some rights, such as access to the courts,
refugees are to be afforded the same treatment as nationals while with others, such as wage-
earning employment and property rights, refugees are to be afforded the same treatment as
foreign nationals. 1951 Convention, Art. 16 (refugees are to be granted equal access to the
courts), art. 17 (refugees are to be afforded the same access to wage-earning employment as
foreign nationals), art. 13 (refugees are to be afforded the same rights to movable and
immovable property as foreign nationals). Refugee status determinations or asylum
adjudications are conducted by an official from a designated government department or
agency. These officials should have a solid knowledge of refugee law. In most cases, the
official will interview the asylum seeker to evaluate his or her evidence and credibility. The
burden is on the asylum seeker to prove that he or she meets the definition of a refugee and
asylum seekers are encouraged to supply as much supporting evidence as possible. When
considering legislation and policies to address this problem, it is important to recognize that
irregular migratory movements may include refugees, asylum seekers and others with specific
protection needs, such as trafficked persons, stateless persons and unaccompanied or
separated children. Governments may adopt a range of legitimate measures to prevent and
respond to irregular migration, but these measures need to be framed and implemented.

Keywords- Refugee, Asylum Seeker, Human Rights, Refugee Status Determinations