The 1951 Refugee Convention

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For the purposes of this paper we elected to endear ourselves with the refugee definition provided by the 1951 Refugee convention. It defines a refugee as one, who owing to a well-founded fear of being persecuted for reasons of race, nationality, membership of a particular social group or political opinion is outside the home nation and is unable to or; owing to the well-founded fear, is unwilling to avail himself for the protection of that country. Refugee rights then, are a set of rules and procedures aiming to protect persons seeking asylum from persecution and (or) discrimination as laid down by relevant instruments and statutes providing for these rights such as:- • 1951 Refugee Convention. • 1967 Protocol to the Refugee Convention.…show more content…
Some of the refugee rights provided for in the statutes is: The UDHR provides, “Everyone has the right to seek and to enjoy in other countries, asylum from persecution” This means that every individual seeking asylum whether regularly or irregularly is to be admitted into the receiving state without refoulement. Bringing to light the right to non-refoulement which is the obligation of states not to refute or return a refugee to territories that would result in one’s life being threatened. It also prohibits the mass expulsion of refugees. Refugees also have the freedom of movement. Article 26 of the 1951 Convention provides that States shall afford refugees the right to choose their place of residence within the territory and to move freely within the State. Article 28 also obliges States Parties to issue refugees travel documents permitting them to travel outside the State “unless compelling reasons of national security or public order otherwise require.” They have rights to family life, access to fair and equitable justice, education, equal treatment with the nationals of the state of asylum, equal access to wage earning employment opportunities and freedom of religion, generally all rights in tandem with the basic human rights provided for in the…show more content…
In East Africa, the heads of state have met to discuss the plight of refugees with regards to the ongoing conflicts in Burundi, South Sudan and Somalia. NATIONAL PERSPECTIVE The registration process in Kenya is effective in providing adequate reprieve to those seeking asylum through the Ministry for Immigration and Registration of persons. Kenya also signed a tripartite agreement in November 2013 which governs repatriation of Somali refugees in Dadaab Kenya. It also has legislation under the Refugee Reception Regulations and Refugee Act. Kenya only considers itself as a country of asylum as long as a refugee has the mandate or is in the process of acquiring or renewing immigration documentation. Not having the papers in order results in immediate deportation. It is however illegal under international law for the Kenyan govt. to send refugees in urban areas with the required paperwork to concentration camps unless an exceptional situation of security or serious crime is

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