commitment to upholding it and violation of these standards spelled in the
convention face consequences such as censure by the UN (Forsythe, 2017).
Africa and America were experiencing large-scale displacement due
to the consequences of armed conflicts. Further, it was found that 1951
Convention articles could not guarantee the protection of the population. As a
result, the region has formulated their own laws to address the issues affecting the region but
this 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 extends
to that individual who is compelled to leave their own country due to foreign
domination, aggression, and events that disturbs the public order. The 1951
Convention restricts the eligibility of individual gaining a refugee status in
a particular country. For example, Article 1(D) excludes those who at the time
of enactment of 1951 Convention were under the protection of UN or its agencies
(Forsythe, 2017; Moeckli, Shah, Sivakumaran & Harris, 2014).
Rights of Refugees
under international conventions
human rights and Refugee law are closely intertwined. People seeking refugee
status flee their own countries because of government’s unwillingness and
inability to protect them from human rights violations. Some of the basic
rights include rights to non-refoulement, freedom of movement, right to
liberty, family, and security of the person and others. The rights to
non-refoulement dictate the states to have the obligation of not returning the
refugees where their life is threatened on the account of race, nationality,
religion (Ignatieff, Keeley, Ribble & McCammon, 2016). This is spelled
under 1951 Convention relating to the Status of Refugees, art. 33(1). In
addition, it is explained in international human rights treaties example being
Article 22(8) of the American Convention on Human Rights and Article 3 of the
Convention against Torture.
The Freedom of
Movement is a central right for refugees within their host country and guaranteed
by many legal instruments such as African Charter on American Convention on Human
Rights, art. 22. And Human and Peoples’ Rights, art. 12(1) and (3). The rights
are associated with the individual inability to return to their own country and
therefore attain refugee status under the 1951 Convention. In accordance with
Article 26 of the Convention States and the government shall guarantee refugees
the right to freely move within the territories and chose their place of
residence (Smith & Smith, 2016).
The right to
liberty and security of the person is important. The national and international
for the detention of refugees to allow them to be registered and
other adjudication procedures under. Example of these instruments includes
Refugees 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 the
refugee’s especially women are kept in. for example, in Spain, Italy, and Greece, the detention facilities are in poor condition and combined with the
registration process it leads to sexual and gendered based violence. Greece is
the most affected due to the number of asylum seekers it that transits through the country
to access other European countries. The European Union Council
implemented 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 in
examining and determining refugee status (Donnelly & Whelan, 2017; Moeckli,
Shah, Sivakumaran & Harris, 2014).
Regulation, art. 10(1) gives responsibility to the state where refugee entered
the first times as responsible to adjudicate national’s asylum. Because Greece is the first country, refugees claim have to
be adjudicated to Greece. Human rights organizations agencies such as Amnesty
International have complained of the deteriorating conditions due to
overcrowding in the detention centers. As a result, women who are vulnerable
face gendered and sexual violence and other inhumane and undignified that are
contrary to European Convention on Human Rights (Groen, 2016). The right to
family life is also guaranteed under International Covenant on Civil and
Political Rights, art. 23(1). Other countries that implement the same includes Kenya, United
Kingdom, 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.); Refugees
Act (2014) Cap. 173 § 15 (Kenya) and National Refugee Proclamation, No.
409/2004, art. 12. Other rights include education, employment, access to
justice and various fundamental privileges enshrined in regional and
international human rights treaties (Forsythe, 2017).
As seen in the analysis, the status of refugees is inhumane
and refugee have been subjected to treatment that amounts to a gross human
right violation in their home, transit and host countries. In detention centers, they face torture, beating, and lack
of basic needs. Women and children compared to men are more affected because
they face sexual exploitation, gendered violence, and being kept in a deteriorating
condition in the centers. These actions are implemented by fellow men and
guards in all countries from home to host countries. In light of these
treatments, a range of migration and refugee policies need to be prioritized by all states.