Forced Migration and Refugees' Rights (From Resource Material Series No. 62, P 104-108, 2004, Simon Cornell, ed. -- See NCJ-206385)

• NCJ Number: 206394
• Author(s): Diego Rosero
• Date Published: February 2004
• Length: 5 pages
• Sale Source: United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
• Publication Format: Book (Softbound)
• Publication Type: Legislation/Policy Description; Conference Material
• Language: English
• Country: Japan
• Note: Presented at the 122nd International Training Course, "The Effective Administration of Criminal Justice to Tackle Trafficking in Human Beings and Smuggling of Migrants," September 2 - October 24, 2002, in Tokyo, Japan.

Annotation

This paper discusses the rights of asylum-seekers and refugees from abusive and war-torn countries in the midst of increased efforts to crack down on illegal immigration associated with human smuggling and trafficking.

Abstract

The paper first reviews international human rights rules applicable to asylum-seekers and refugees. The most important international treaties pertinent to such people are the Convention Relating to the Status of Refugees (CSR) and its 1967 Protocol. These treaties define who is a refugee and establish rights attached to such a status. Refugees recognized under the CSR are those fleeing civil and international wars as well as events that seriously disturb public order. Those seeking asylum from torture and targeted abusive government practices are also protected under the CSR. The international protection of refugees and asylum-seekers encompasses a range of rights, notably the right to seek asylum, protection against forcible return, and various rights while in the asylum country. In turn, refugees are obligated to respect the laws, regulations, and measures for public order in the country of asylum. Further, the CSR provides that refugees shall not be punished for illegal entry or be subjected to detention except in accordance with procedures established by law.