It gives me satisfaction to report that the research into 'Protection of the rights of refugees in Bangladesh' has been successful. Research paper ‘Protection of the Rights of Refugees in Bangladesh’ is prepared by Md.Masudur Rahian, ID Masters of law (LL.M), Department of law, Daffodil International University, and is accepted in terms of quality.
Introduction
The lion's share of evacuees who leave their country seek refuge in countries bordering their nation of nationality. The "firm arrangements" to exiles, as characterized by UNHCR and governments, are: intentional repatriation to the nation of root; neighborhood incorporation into the nation of refuge; and resettlement to a third nation.2.
Reasons for Choosing the Topic
Review of Literature
The Advisory Group on Refugees and Immigrants gives the world together as evacuees and measures that there are more than displaced by war, including within displaced people who reside within a similar national fringe. In past history, there are many failures in the state's cases to protect the basic human rights of refugees. Therefore, many international treaties were made to reduce the violation of basic human rights and a demonstration of the state's protection.
So it is clear that refugee law is a remedial or palliative brunch of human rights law. Its basic purpose is to secure the rights of the persons who took asylum in another state.
Scope and Object of the Research
Its fundamental purpose is to guarantee the rights of persons who have applied for asylum in another state. ii). Identify the shortcomings of the Refugee Convention and recommend measures to address the challenges. There are more than 21 million refugees around the world, not counting the Palestinians floating around the Middle East and being treated humanely in the countries where they have taken refuge.
The international legal instruments dealing with the protection of refugees are mainly concerned with the rights and obligations of refugees in the states from which the refugees have taken refuge, but they have very few obligations for the state from which the "emigration" took place. This study became the core around the element of the UN Charter as the number of refugees increases day by day.
Limitations of the Research
Article 14 of the UDHR states that 'everyone has the right to seek and enjoy in other countries asylum from persecution.' But the scope of this study is limited to the discussions and commentaries on the international instruments relating to the rights of refugees.
Research Question
Methodology of the Study
The historical events that are production refugees
And once they gained power, the dictatorship also began to take away the rights of the people. So when they tried to unite for independence, two or three countries became involved in armed conflict due to the breakup of the countries. And finally, the weapons and ammunition could easily be obtained from abroad. The leaders of these countries tried to stop these conflicts and even allowed private companies to sell weapons to both sides of the conflict.
The reason is that the individual determination of refugee status was impossible due to the mass exodus of refugees. And the second reason is that the explicit use of the term 'persecution' was not found appropriate, and thirdly, the approach was geared towards programming for local integration.
Statelessness and Refugees
According to the United Nations Convention Relating to the Status of Refugees, a displaced person is a person who, as a result of a fear created by being oppressed for reasons of race, religion, nationality, membership in a particular social group or political. conclusion, is outside the nation of their nationality, and unable or, in consequence of such fear, reluctant to avail themselves of the security of that nation.4. The idea of a displaced person was expanded by the 1967 Protocol to the Convention and by local traditions in Africa and Latin America to include people who had fled war or other atrocities in their nation of origin. The universal office that organizes the security of displaced persons is the Office of the United Nations High Commissioner for Refugees (UNHCR), which counts the refugees worldwide and they have checked that the most surprising amount is 4,300,000 Palestinian evacuees. 5.
The majority of displaced persons who leave their nation seek refuge in neighboring countries of their nationality. "Strict arrangements" for displaced populations, as described by UNHCR and governments, are: deliberate repatriation to the country of origin; imminent reconciliation into a nation of refuge; and relocation to a third nation.6.
Problems with refugees
This point has also been sought by reducing the monetary advantages, the social administrations to which the seekers and evacuees of paradise are entitled and, placing an additional weight on the accessible asset of the nation. Certainly, far from being a political asset, displaced people are seen as a burden on the current crumbling Western welfare states. International instruments dealing with the protection of refugees mainly deal with the rights of refugees and the obligations of the states where the refugee has taken refuge.
They do not care much about the obligations or responsibilities of the state from which the "emigration" took place. The Bible on 'Protection of Refugee Rights' must be read in accordance with the above loopholes.
Refugees as security threats
In relation to these loves, a few governments have promulgated legislation that allows them with bar seekers they consider to be safety hazards.'9.
Duty of the State who is a partied to the convention
International Instruments
The explanation for this abuse must be due to one of the accompanying four grounds listed in Article 1A(2) of the Refugee Convention: (a) race, (b) religion, (c) nationality, (d) participation in a particular social gathering or assumption. The court's reason for dismissing the appeal filed by the appellant who submitted evidence in support of his claim. Finding of the Canadian Federal Court of Appeal in Sri Lankan Tamil 13, the court overturned the decision of the Immigration Board by finding that the applicant, a Sri Lankan Tamil Muslim who is a Muslim by religion, was a minority and was persecuted by Buddhists who were the majority.
Article 22 states that the Contracting State shall provide refugees with the necessary facilities to provide education. The domestic law should focus on the issue of payment over time, justified by the worker, women's work and children's work.
International Refugee Organization 15 (IRO)
General Propositions 16
It is a small departure from the first, but it advises us that a country must adhere to its global commitments even on issues that are generally considered to fall under housing jurisdiction, and even in the midst of a national crisis. Every country will undoubtedly fulfill its global legitimate obligations according to some basic fairness. The standard pact sent by Servando requires the state to fulfill, in some basic fairness, the commitments it has made in the settlement, or which bind it under standard international law, and to renounce direct proposals to prevent their protest and reason.
As the European Court of Human Rights commented in the Soaring case, "the point and reason for the Convention as an instrument for the protection of individual people requires that its agreements be deciphered and connected so as to make its protection enforceable and effective." . The test for governments, global legal advisers and defenders of displaced persons is clearly: to make defenses on the ground and convincing.
Human Rights, 1951 Convention, Refugees and Asylum Seekers 17
Then again, an exile is someone who has had a positive choice on their asylum application and who is considered a displaced person under the UN 1951 Convention on Refugees and who has been offered leave to remain in the country where they are for ' a place of refuge is connected. In the event that nation trusts that on the off chance that they return to their nation of starting point their human rights will be affected in an inadmissible way, it can at that point give a leave to outstanding the host nation. But he will be considered an asylum seeker until his request for asylum is not accepted.
The determination of whether that person is an asylum seeker or a refugee is mainly done by several government agencies within the host country. It may grant him refugee or asylum seeker status or a designated government agency within the host country.
Sources of human rights and refugee law
Conflict of human rights and refugee laws
This standard assumes that if a state has assumed two separate types of commitment regarding a particular human right, it can only meet the two commitments (and accordingly fully meet its responsibilities) by following the arrangement that provides more significant assurances to the person .20 For example: One territorial human rights agreement extends the outline of non-alienable human rights as set out in the International Covenant on Civil and Political Rights. In the circumstances where a human rights settlement offers more significant security to displaced persons than the 1951 Convention, this equivalent guideline should apply. The main distinction is that states can claim that a provision of general application in a human rights agreement cannot override a reasonably certain provision in the 1951 Convention.
For example: the general non-segregation clause in the International Covenant on Civil and Political Rights means that evacuees value the vast majority of rights they perceive, including the privilege of belonging, which is limited to some extent to outcastes in the 1951 Convention. A state can argues that the prohibitory provisions of the 1951 Convention should apply, as they expressly negotiate the question of whether evacuees need the right to belong, while the non-segregation provision of the International Covenant on Civil and Political Rights is a general condition.
Implementation of the Human Rights act to protect the Refugee
How can international human rights law assist UNHCR in protecting refugee? 22 Notwithstanding, regardless of these challenges there do exists some specific center norms
- Human rights law can fortify existing displaced person law
- Human rights law can supplement existing refugee law 23
- Many human rights arrangements are all around relevant
- Human rights law has semi legal actualizing bodies
Contract on civil and political rights, art. 9 and 12 Convention on the Elimination of Racial Discrimination, art. 2) “Not be exposed to cold-blooded, cruel or degrading treatment Universal Declaration of Human Rights, art. In any case, the International Covenant on Civil and Political Rights, which has been affirmed by more than 125 states, provides basic rights for all detained people, including exiles, for example the privilege of an autonomous investigation into the legality of detention. Limiting human rights law gives retained outcasts a greater set of rights than those set out in the non-restrictive Executive Committee Conclusion 44 on the Detention of Displaced Persons.
Be that as it may, several global human rights norms are appropriate everywhere as they have achieved the status of standard universal law. Furthermore, a number of organizations not involved in legal negotiations on displaced persons are involved in human rights settlements that include provisions that benefit exiles.
Conclusion
List of Documents & Data Source
List of Instruments
