International Law & Human Assessment Answer

1HAGJ

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Task:

The 1951 UN refugee convention is often criticised for being obsolete as it was designed for a different era. It was not designed for today’s refugee influx although the western countries have seemed to be coping well with it until the end of cold war. It will summarise problems and issues, which have been recognized as a result of the refugee convention procedure by researchers over the last decade (assembly, 2014). It will also discuss the challenges and obstacles as to why a state might be reluctant to ratify an International Human rights convention. The statistics indicated in this paper are from the UNHCR or the USCR together with legal examples to reference these concerns.

The definition

With the flow of refugees globally, the refugee convention does not seem to be consistent in defining refugee definition. The major reasons for refugee flows have been more likely to be as a consequence of natural disaster, civil war, sectarian violence which has attempted individual persecution by a despotic government since 1980s. Post the end of cold war, the refugee population has significantly increased. There are 35 million according to USCR and 22 million according to UNHCR refugees globally. The dilemma and the need of these refugees areapparent (cook, 2012) and are highlighted through the media and through the risk they take to flee to a new country for a better life. However, Article 2A(1) of the refugee convention 1951, allows only for  minorities to establish a personal ‘well-founded fear of persecution’ which makes the case by case screening pointless. For this reason, a state might not

ratify refugee convention because of their  lack of knowledge about the refugee’s  back ground or if they are legitimate refugees.