Basic
Obligations
Australia, New Zealand and Papua New Guinea
and other South Pacific states in the region are signatories
to many of the international human rights instruments, including
the 1951 UN Convention relating to the Status of Refugees.
What
is the Convention and what obligations does it place on the
State and the refugee?
International Obligations
Refugees' Obligations
States' Obligations
International
Obligations
The
Universal Declaration of Human Rights, adopted in 1948, is
a statement
of the basic rights and fundamental freedoms
owed to all human beings. As a declaration, it does not have
binding force, but it is internationally recognised as a
cornerstone of human rights protection. Article 14.1 states, "Everyone
has the right to seek and to enjoy in other countries asylum
from persecution." This principle is at the root of
refugee rights world-wide, and forms the basis of the 1951
UN Convention Relating to the Status of Refugees.
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Refugees'
Obligations
Under Article 2 of the 1951 UN Convention,
every refugee has duties to the country in which she/he finds
her/himself.
In particular, the person must conform to its laws and regulations
as well as to measures taken for the maintenance of public
order. Refugees have equal not preferential treatment before
the law.
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States' Obligations
1951 UN Refugee Convention,
the 1967 Protocol and UNHCR
The 1951 UN Refugee Convention
and its 1967 Protocol is a legally binding treaty and a milestone
in international refugee
law. The majority of member states in the UN have accepted
responsibility in providing protection for persons obliged
to flee their country because of persecution. Australia ratified
the 1951 UN Refugee Convention on 22 January 1954, and the
1967 protocol on 13 Dec 1973. New Zealand ratified the 1951
UN Refugee Convention on 30 June 1960, and the 1967 protocol
on 6 August 1973. PNG ratified the 1951 UN Refugee Convention
and the 1967 protocol on 17 July 1986.
Unlike other human
rights instruments that came later, there is no monitoring
mechanism or committee that examines countries to see whether
they are complying with their obligations under the Convention.
It is up to the signatory State to implement its commitments
faithfully. UNHCR provides a supervisory role in this process.
States
not signatories to the 1951 UN Refugee Convention
and 1967 Protocol do not have treaty obligations but still
have obligations under international law regarding the treatment
of refugees.
States that are party to the
1951 UN Refugee Convention and
1967 Protocol undertake to accord to refugees the legal status
and minimum standards of treatment as outlined in its text.
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Article
33 – the principle of non-refoulment
This is
a state's most important obligation because it prevents return
of a refugee to a situation of serious risk.
Under Article 33,
states shall not expel or return ("refouler")
a refugee in any manner whatsoever to the frontiers of territories
where his life or freedom would be threatened on account
of his race, religion, nationality, membership or a particular
social group or political opinion.
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Other important State
obligations are:
Expulsion
"(The) State shall not expel a refugee
lawfully in their territory except on grounds of national
security or public
order…" Article 32
Travel Documents
"(The) State must issue refugees
lawfully staying in their territory travel documents for
the purpose of travel
outside their territory…" Article 28
A State
is not obliged to assist any person who:
- has committed a crime against peace,
a war crime, or a crime against humanity;
- has committed
a serious non-political crime, outside their
country of refuge prior to his/her admission as a refugee;
- has been guilty of acts contrary to the purposes and
principles of the United Nations.
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