Immigration controls, Asylum seekers and refugees …
Asylum seekers and refugees essay
() See in particular: Agreement relating to Refugee Seamen, 23 November 1957, completed by the Protocol to the Agreement relating to Refugee Seamen of 12 June 1973, Art. 10; Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa, 10 September 1969, Art. II(3); Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, 15 November 2000, Art. 14(1); Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, 15 November 2000; 2004 Qualification Directive, Recital 2 and Art. 21; Council Directive 2005/85/EC, OJ 2005 L 326/13 of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status, Recital 2 and Art. 20(2); Council of Europe Convention on Action against Trafficking in Human Beings, 16 May 2005, Art. 40(4). Among soft law instruments, besides a wide number of resolutions from the General Assembly and the UNHCR ExCom, see, most notably, Declaration on Territorial Asylum, 14 December 1967, Art. 3(1); Resolution (67) 14 of the Committee of Ministers of the Council of Europe on Asylum to persons in Danger of Persecution, 1967; Cartagena Declaration on Refugees, 22 November 1984.
Essays on refugees and asylum seekers / Term paper Help
Twenty years ago, Aleinikoff reminded us that ‘refugee lawyers must be human rights lawyers’. Refugee lawyers are clearly on the right path and they have made substantial steps forward during the last decades. But there are still some obstacles to overcome before they will truly become human rights lawyers. The last step is perhaps the most difficult one. It requires a cultural revolution in the profession, not only in recognizing the centrality of human rights law, but also by accepting all its consequences. While the fetishism of the Geneva Convention is no longer tenable, human rights law requires a holistic approach of refugee protection. This may ultimately revive the ancestral function to asylum: asylum is not only an act of protection; it is also an act of affirmation against another subject of law which is deemed unable to hold its primary function. In essence, granting asylum reflects the judgment that the state of origin has failed to fulfil its duty of protection and has, accordingly, lost its legitimacy.