Refugee Protection: A Guide to International Refugee Law

This handbook takes an in depth look at the issue of refugee protection in international law. It begins by setting out the legal framework, including, but not limited to, the relevant international law, namely the 1951 Convention Relating to the Status of Refugees, as well as the 1967 Protocol Relating to the Status of Refugees. Also discussed, are special regional frameworks, such as the Cartagena Declaration, and the obligations these frameworks place on domestic law within member states, and the role parliamentarians can play to improve compliance with international law. Chapter two then explains the role of the UNHCR with respect to the provision of protection and assistance to refugees, stateless persons, and internally displaced persons. In addition to the functions of the UNHCR, an explanation is provided of its structure and the partnerships between the UNHCR and other UN and non-UN organizations. Chapter three explains how to identify a refugee, the components of the definition in international law, exceptions to this definition, the differences between refugees and migrants, and finally the procedure prescribed within international law for the determination of refugee status domestically. Chapter four sets out some of the challenges within refugee law, including how to deal with refugee emergencies, protecting women, children and families of refugees, and how to find durable solutions to refugee problems. Chapter five deals with protection issues within states, including alternative to detention and protection against discrimination. Chapter six canvasses the benefits of the Refugee Convention and Protocol for those states who have not yet acceded to them, and sample instruments of accession and succession are provided in Annex 1. Finally Chapter seven deals with issues of funding for dealing with refugee protection, both within the state and at the United Nations High Commission for Refugees, which helps finance refugee protection around the world.