Refugee law
Refugee law is the branch of international law which deals with the rights and protection of refugees. It is related to, but distinct from, international human rights law and international humanitarian law, which deal respectively with human rights in general, and the conduct of war in particular.
Sources of refugee law
Refugee law encompasses both customary law, peremptory norms, and international legal instruments. The only international instrument is the UN Convention, with an optional Protocol, while various regional bodies have instruments applying only to member states. The instruments include:
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- the 1966 Bangkok Principles on Status and Treatment of Refugees adopted at the Asian-African Legal Consultative Committee in 1966.
- the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa[2]
- the 1984 Cartagena Declaration on Refugees[3] for Latin America
- the 1976 Council of Europe's Recommendation 773 (1976) on the Situation of de facto Refugees[4]
- the 2004 European Union's Council Directive on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection and content of the protection granted[5]
Under international law, refugees are individuals who:
- are outside their country of nationality or habitual residence;
- have a well-founded fear of persecution because of their race, religion, nationality, membership in a particular social group or political opinion; and
- are unable or unwilling to avail themselves of the protection of that country, or to return there, for fear of persecution.
See also
External links