showingcommitment to upholding it and violation of these standards spelled in theconvention face consequences such as censure by the UN (Forsythe, 2017). Countries inAfrica and America were experiencing large-scale displacement dueto the consequences of armed conflicts.
Further, it was found that 1951Convention articles could not guarantee the protection of the population. As aresult, the region has formulated their own laws to address the issues affecting the region butthis is anchored in the 1951 Convention. For example in an Africa, Article 1(2)of OAU Convention of 1969 and the Cartagena Declaration refugee status extendsto that individual who is compelled to leave their own country due to foreigndomination, aggression, and events that disturbs the public order. The 1951Convention restricts the eligibility of individual gaining a refugee status ina particular country. For example, Article 1(D) excludes those who at the timeof enactment of 1951 Convention were under the protection of UN or its agencies(Forsythe, 2017; Moeckli, Shah, Sivakumaran & Harris, 2014). Rights of Refugeesunder international conventions Internationalhuman rights and Refugee law are closely intertwined.
People seeking refugeestatus flee their own countries because of government’s unwillingness andinability to protect them from human rights violations. Some of the basicrights include rights to non-refoulement, freedom of movement, right toliberty, family, and security of the person and others. The rights tonon-refoulement dictate the states to have the obligation of not returning therefugees where their life is threatened on the account of race, nationality,religion (Ignatieff, Keeley, Ribble & McCammon, 2016).
This is spelledunder 1951 Convention relating to the Status of Refugees, art. 33(1). Inaddition, it is explained in international human rights treaties example beingArticle 22(8) of the American Convention on Human Rights and Article 3 of theConvention against Torture.The Freedom ofMovement is a central right for refugees within their host country and guaranteedby many legal instruments such as African Charter on American Convention on HumanRights, art. 22. And Human and Peoples’ Rights, art. 12(1) and (3). The rightsare associated with the individual inability to return to their own country andtherefore attain refugee status under the 1951 Convention.
In accordance withArticle 26 of the Convention States and the government shall guarantee refugeesthe right to freely move within the territories and chose their place ofresidence (Smith & Smith, 2016). The right toliberty and security of the person is important. The national and internationallaws providefor the detention of refugees to allow them to be registered andother adjudication procedures under. Example of these instruments includesRefugees Act (2014), Cap. 173 § 12(3) (Kenya) and 8 CFR § 235.3(c) (U.
S.).However, the issues of detention is contentious because of the conditions therefugee’s especially women are kept in.
for example, in Spain, Italy, and Greece, the detention facilities are in poor condition and combined with theregistration process it leads to sexual and gendered based violence. Greece isthe most affected due to the number of asylum seekers it that transits through the countryto access other European countries. The European Union Councilimplemented various international and regional tools relating to the refugee.For instance, Council Regulation EC No. 343/2003 passed on February 18, 2003,puts into place the mechanisms and criteria to be considered by Member State inexamining and determining refugee status (Donnelly & Whelan, 2017; Moeckli,Shah, Sivakumaran & Harris, 2014).
DublinRegulation, art. 10(1) gives responsibility to the state where refugee enteredthe first times as responsible to adjudicate national’s asylum. Because Greece is the first country, refugees claim have tobe adjudicated to Greece.
Human rights organizations agencies such as AmnestyInternational have complained of the deteriorating conditions due toovercrowding in the detention centers. As a result, women who are vulnerableface gendered and sexual violence and other inhumane and undignified that arecontrary to European Convention on Human Rights (Groen, 2016). The right tofamily life is also guaranteed under International Covenant on Civil andPolitical Rights, art. 23(1). Other countries that implement the same includes Kenya, UnitedKingdom, and the United States.
Examples include Immigration Rules, 2012, S.I.2012/11, art. 339Q (iii) (U.K.
); 8 U.S.C. § 1158(b) (3) (A) (U.
S.); RefugeesAct (2014) Cap. 173 § 15 (Kenya) and National Refugee Proclamation, No.409/2004, art. 12.
Other rights include education, employment, access tojustice and various fundamental privileges enshrined in regional andinternational human rights treaties (Forsythe, 2017). Recommendations As seen in the analysis, the status of refugees is inhumaneand refugee have been subjected to treatment that amounts to a gross humanright violation in their home, transit and host countries. In detention centers, they face torture, beating, and lackof basic needs. Women and children compared to men are more affected becausethey face sexual exploitation, gendered violence, and being kept in a deterioratingcondition in the centers.
These actions are implemented by fellow men andguards in all countries from home to host countries. In light of thesetreatments, a range of migration and refugee policies need to be prioritized by all states.