International Law Regarding Refugees Basic Principles: Seminar On Migration Legislation Regional Conference On Migration

UNHCR
United Nations High Commissioner for Refugees
International Law regarding

Refugees
Basic Principles
Seminar on Migration Legislation

Regional Conference on Migration
www.unhcr.org
UNHCR
Who is a Refugee?
Elements to Identify Persons who are
Applying for Refugee Status and Refugees
in Migration Flows
www.unhcr.org
UNHCR
Training Objectives:
• Identifying which are the technical

criteria for the definition of Refugee
• Knowing criteria to identify refugees in

migration flows
UNHCR
Persons Protected by the State
• Nationals
• Foreigners:
1. Tourists 5. Students
2. Investors 6. Members of
the Diplomatic Corps
3. Migrants 7. Refugees
4. Stateless Persons 9. Other categories of
migrant populations
UNHCR
Who Provides Protection?

• National Protection
– States (within and outside national
territory)
– Passport or Safe-Conduct
– Consular Protection
• International Protection
– States
– UNHCR
– Travel Document
UNHCR
Legal Framework for International

Protection
• 1951 Convention relating to the Status of

Refugees
• 1967 Protocol relating to the Status of Refugees
• National Legislation and Jurisprudence
• Statute of the Office of the United Nations High
Commissioner for Refugees (UNHCR)
• Other sources of legislation (UNO, OEA, ExCom,
etc.)
UNHCR
United Nations High Commissioner

for Refugees
• Provide International Protection

– Guarantee the effective enjoyment of
human rights in a subsidiary manner
• Search for Lasting Solutions

– Voluntary Repatriation
– Local Integration
– Resettlement
UNHCR
Basic Principles of International

Protection
1. Principle of Non-refoulement
1. No Sanctions for Illegal Entry
1. The Right of Asylum
1. No Discrimination
UNHCR
Who is a Refugee?
UNHCR
Youth
Women
Seniors Boys
Men Girls
UNHCR
Who is a Refugee?
• The acknowledgment of the refugee status

is of a declarative and not a constitutive
nature.
• The refugee status is determined by States.

UNHCR can collaborate through technical
assistance.
• UNHCR can also acknowledge the refugee

status under its mandate.
UNHCR
Technical Criteria
for Acknowledging the
Status of Refugee
• Inclusion Clauses
• Exclusion Clauses
• Cessation Clauses
UNHCR
Who is a Refugee?
Inclusion Clauses
1. A Foreigner (outside his or her country of

origin or usual country of residence)
*Difference between Refugees and

Internally Displaced Persons
UNHCR
Who is a Refugee?
Inclusion Clauses
2. An individual who states having a “justified

fear of persecution”
• Violation of basic rights (life, safety,

freedom, integrity)
• An objective element (facts and situation
stated)
• A subjective element (fears)
* Difference between Refugees and Migrants for

Financial Reasons
UNHCR
Who is a Refugee?
Inclusion Clauses
3. Reasons:
• Race
• Religion
• Nationality
• Membership in a Specific Social Group
• Political Opinions
UNHCR
Who is a Refugee?
Inclusion Clauses
4. An absence or lack of national protection
• The State is unwilling to provide

protection
• The State is unable to provide

protection
UNHCR
Inclusion Clauses under the Definition of Refugee of

the 1984 Cartagena Declaration on Refugees
• A Foreigner (who has fled his/her country)

• Life, safety, or freedom are endangered
• Due to specific objective conditions:
 General violence
 Foreign aggression
 Internal conflict
 Massive violation of human rights
 Other circumstances which seriously disrupt
public order
UNHCR
Who is NOT a Refugee?

Exclusion Clauses
• Persons who do not require international

protection
1. Individuals who are already being assisted

by another United Nations agency/
organization
2. Individuals who have been acknowledged
to enjoy the rights and obligations inherent
to the nationality of the country of
residence
UNHCR
Who is NOT a Refugee?

Exclusion Clauses
• Persons who do not deserve international

protection
1. Individuals who have committed a crime against peace,

a war crime, or a crime against humanity
2. Individuals who have committed a serious common
crime before entering the country where they are
applying for refugee status
3. Individuals guilty of acts which are contrary to United
Nations’ aims and principles
UNHCR
How is the Refugee Status Terminated?

Cessation Clauses
Cessation clauses apply only to acknowledged

refugees, and in those cases where continuing
international protection is no longer justified
UNHCR
Cessation Clauses
1. If the refugee voluntarily accepts national

protection
2. If the refugee voluntarily gets back his/her

former nationality
3. If the refugee takes on another nationality

and enjoys national protection provided by
the new country
(cont.)
UNHCR
Cessation Clauses
4. If the refugees resettles in the country of origin

or usual country of residence (stateless
refugees)
5. If circumstances due to which the person was

acknowledged as a refugee have disappeared in
the country of origin
6. If circumstances due to which the person was

acknowledged as a refugee have disappeared in
the country of residence (stateless refugees)
UNHCR
Who is a Refugee?
• Persons who apply for refugee status and

refugees are part of migration flows
• Migration and border authorities – including

security forces – are responsible for identifying
them in these migration flows and treating
them appropriately
UNHCR
Who is a Refugee?
• Persons who apply for refugee status and

refugees can be forced to enter the country
illegaly and to use false identity documents
• Persons who are applying for refugee status

and refugees need to be allowed to stay in the
country where they are seeking protection
while their application is being considered
UNHCR
Who is a Refugee?
and refugees need to be referred to national
bodies who are responsible for determining the
refugee status in the country where they are
seeking protection

and refugees can be forced to be objects of
trafficking and can be victims of trafficking in
persons
• UNHCR can always be consulted should there be

any questions

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UNHCR

United Nations High Commissioner for Refugees

International Law regarding

Seminar on Migration Legislation

• Identifying which are the technical

• Knowing criteria to identify refugees in

Persons Protected by the State

Who Provides Protection?

Legal Framework for International

• 1951 Convention relating to the Status of

United Nations High Commissioner

• Provide International Protection

• Search for Lasting Solutions

Basic Principles of International

1. No Sanctions for Illegal Entry

1. The Right of Asylum

• The acknowledgment of the refugee status

• The refugee status is determined by States.

• UNHCR can also acknowledge the refugee

1. A Foreigner (outside his or her country of

*Difference between Refugees and

2. An individual who states having a “justified

• Violation of basic rights (life, safety,

* Difference between Refugees and Migrants for

4. An absence or lack of national protection

• The State is unwilling to provide

• The State is unable to provide

Inclusion Clauses under the Definition of Refugee of

• A Foreigner (who has fled his/her country)

Who is NOT a Refugee?

• Persons who do not require international

1. Individuals who are already being assisted

Who is NOT a Refugee?

• Persons who do not deserve international

1. Individuals who have committed a crime against peace,

How is the Refugee Status Terminated?

Cessation clauses apply only to acknowledged

1. If the refugee voluntarily accepts national

2. If the refugee voluntarily gets back his/her

3. If the refugee takes on another nationality

4. If the refugees resettles in the country of origin

5. If circumstances due to which the person was

6. If circumstances due to which the person was

• Persons who apply for refugee status and

• Migration and border authorities – including

• Persons who apply for refugee status and

• Persons who are applying for refugee status

• Persons who are applying for refugee status

• UNHCR can always be consulted should there be

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