1. Legal framework for the Protection of Refugees.
International and regional legal framework for refugee protection.

2. Overview
The modern international refugee law, like international human rights law, has its origins in the aftermath of WW II as well as the refugee crises of the interwar years in Europe that preceded it.
Article 14(1) of the UDHR, 1948 guarantees the right to seek and enjoy asylum in other countries.
Subsequent regional human rights instruments have elaborated on this right, guaranteeing the “right to seek and be granted asylum in a foreign territory, in accordance with the legislation of the state and international conventions.” American Convention on Human Rights, art. 22(7); African [Banjul] Charter on Human and Peoples’ Rights, art. 12(3).
The main international convention on refugee law is the 1951 Convention relating to the Status of Refugees and its Optional Protocol relating to the Status of Refugees .
The 1951 Convention: defines the term “refugee”, the principle of non-refoulement and the rights afforded to refugees. The definition remains the dominant definition with variations in regional human rights treaties in response to situations not covered by the 1951 Convention.
The 1951 Convention does not define procedures for determining who is a refugee- leaving the development of procedures and refugee status determinations to each State party. Governments have therefore developed asylum laws based on their different resources, national security concerns, and histories with forced migration movements.
Despite differences at the national and regional levels, the overarching goal of the modern refugee law is to protect individuals forced to flee their homes because their countries are unwilling or unable to protect them.

3. Legal Protection regime
International and regional instruments relating to refugees include:
Universal Declaration of Human Rights (art. 14)
1951 Geneva Convention relating to the Status of Refugees
1967 Optional Protocol relating to the Status of Refugees
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (art. 3)
Convention on the Rights of the Child (art. 22) 
African [Banjul] Charter on Human and Peoples’ Rights (art. 12)
OAU Convention Governing the Specific Aspects of the Refugee Problem in Africa
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa
Arab Charter on Human Rights (art. 28)
Cairo Declaration on Human Rights in Islam (art. 12)

4. Who is a Refugee?
The UN Convention Relating to the Status of Refugees,1951
Is the premier international law on refugee protection and is grounded on Art,14 UDHR: “Everyone has the right to seek and to enjoy in other countries asylum from persecution.”
Article (A) (1) of the Convention defines the term “refugee” : a refugee is someone who has a well- founded fear of persecution because of his/her:
Race,
Religion,
Nationality,
Membership in a particular social group, or
Political opinion;
Is outside his/her country of origin and is unable or unwilling to avail him/herself of the protection of that country, or to return there, for fear of persecution.

5. Who is a Refugee?
The Organization of African Unity [OAU] Convention Governing the Specific Aspects of Refugee Problems in Africa, 1969.
Expanded the definition in the 1951 Convention to include:
Any person compelled to leave his/her country owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his/her country of origin or nationality.
The Cartagena Declaration by Latin America,1984
Like the OAU Convention, the Declaration adds a more objectively based consideration to the Convention refugee definition to include:
Persons who flee their countries “because their lives, safety or freedom have been threatened by generalized violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances which have seriously disturbed public order”.

6. Scope of the 1951 convention
It consolidates previous international refugee law and comprehensively codifies the rights of refugees at the international level.
Unlike previous instruments which applied to specific groups of refugees, the Convention introduced a single definition of the term “refugee” with emphasis on protection of persons from political and other forms of persecution .
The Convention is a STATUS and RIGHTS based instrument:
it embodies a number of fundamental human rights principles-e.g. non-discrimination in the application of its provisions, non-refoulement.
It lays down basic minimum standards for the treatment of refugees.
It does not apply to all persons who might satisfy the definition of refugee in Art. 1. It excludes:
Those who commit war crimes, crimes against humanity, serious non-political crimes or acts that are contrary to the principles and purposes of the UN.
Refugees under the protection or assistance of a UN Agency other than UNHCR- refugees from Palestine under UN Relief and Works Agency in the near East.
Refugees with status equivalent to nationals in their country of asylum.
Convention applies inspite of regional refugee protection laws.

7. The 1967 Protocol relating to the Status of Refugees
The 1967 Refugee Protocol is independent but integrally related to the 1951 Convention.
The Protocol removes the time and geographic limits found in the Convention’s refugee definition-it was limited to person fleeing events in Europe before Jan.1, 1951
Together, the Refugee Convention and Protocol cover three main subjects:
The basic refugee definition, terms for cessation of, and exclusion from refugee status.
The legal status of refugees in their country of asylum, their rights and obligations, including the right to be protected against forcible return, or refoulement to a territory where their lives or freedom would be threatened.
States’ obligations, including cooperating with UNHCR in the exercise of its functions and facilitating its duty of supervising the application of the Convention.

8. Obligation of state parties under 1951 convention and 1967 protocol
Countries that have ratified the Refugee Convention and Protocol are obliged to protect refugees on their territory in compliance with its terms.
Among the provisions that Parties must apply are:
Cooperation with UNHCR - Article 35 of the Convention and Article II of the 1967 Protocol contain an agreement for States Parties to cooperate with UNHCR in the exercise of its functions and, in particular, to help UNHCR supervise the implementation of the treaties.
Information on National Legislation -Obligation to inform the UN Secretary-General about the laws and regulations adopted for applying the Convention.
Exemption from Reciprocity -The granting of rights to refugees will not be subject to the rule of reciprocity even where a right granted to an alien is subject to the granting of similar treatment by the alien’s country of nationality. The rule of reciprocity does not apply to refugees since they cannot enjoy the protection of their home country.

9. Un General Assembly Declaration on Territorial Asylum, 1967
The Declaration reiterates that granting asylum is a peaceful and humanitarian act that cannot be regarded as unfriendly by any other State.
It further notes that it is the responsibility of the country of asylum to evaluate a person’s claim for asylum.

10. UNHCR’s Executive Committee conclusions
UNHCR’s Executive Committee (ExCom) advises the High Commissioner on the exercise of his/her functions. The annual Conclusions adopted by ExCom form part of the framework of the international refugee protection regime.
The Conclusions are based on the principles of the Refugee Convention and are drafted and adopted by consensus in response to particular protection issues.
Executive Committee Conclusions represent the agreement of more than 50 countries that have great interest in and experience with refugee protection.
These and other countries often refer to ExCom Conclusions when developing their own laws and policies.

11. Regional laws and standards
The 1969 Organization of African Unity (OAU) Convention Governing the Specific Aspects of Refugee Problems in Africa.
Born out of the various conflicts that followed independence of African States.
Recognizes the 1951 Refugee Convention as “the basic and universal instrument relating to the status of refugees”.
The Convention is a legally binding regional refugee treaty.
The Convention adopts the refugee definition in the 1951 Convention, but expands reasons for seeking asylum: any person compelled to leave his/her country because of “external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality”.
The definition means that persons fleeing civil disturbances, widespread violence and war are entitled to claim the status of refugee in States that are parties to this Convention, regardless of whether they have a well-founded fear of persecution.

12. Regional laws and standards
The Cartagena Declaration, 1984
Adopted in 1984, Cartagena, Columbia by Latin American countries, it also expanded the definition of “refugee” which though not binding is now used in Latin American countries.
The definition includes the 1951 Refugee Convention definition and also persons who have fled their country “because their lives, safety or freedom have been threatened by generalized violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances which have seriously disturbed public order”.
The Declaration has been endorsed by the Organization of American States (OAS), the UN General Assembly, and UNHCR’s advisory Executive Committee.

13. UN Special Procedures on Human Rights
The UN Human Rights Mechanisms on thematic human rights issues and country situations:
These special procedures investigate human rights issues regardless of whether a State is party to the international human rights treaties or not.
Under all special procedures, a study of a human rights situation is presented to the Human Rights Council at its annual session in Geneva.
Under several of them, urgent appeals can be made to deal with a rights issue or a humanitarian concern.
As far as refugees are concerned, the following may be taken into consideration:
The Special Rapporteurs or special bodies of the UN Council can intervene with the Government concerned to protect refugees, asylum seekers or IDPs from imminent human rights abuses or in response to allegations of such abuses.
When it concerns an imminent violation of the principle of non-refoulement, recourse may be to the following thematic mandates:
UN Special Rapporteur on Torture
UN Special Rapporteur on Summary Executions
UN Working Group on Enforced Disappearances

14. UN Special Procedures on Human Rights
Ombudsmen/NHRIs may make use of and contribute to the above special procedures by:
Providing information on the situation of refugees, asylum seekers or IDPs using the relevant procedures.
Requesting the relevant thematic procedure(s) to intervene when a refugee, asylum seeker or group of them are at risk of being sent back to a country in violation of the principle of non-refoulement or are arbitrarily detained.
Urging their own governments to act on requests for information or urgent appeals issued under the special procedures regarding refugees or asylum seekers.

15. International Humanitarian Law
Refugee law is closely linked to humanitarian law: Refugee situations often is a result of international or internal armed conflict.
IHL protects victims of armed conflict, whether displaced or not, and requires that they should be respected, protected against the effects of war, and provided with impartial assistance.
Article 44 of the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War (1949) deals specifically with the protection of refugees and IDPs.
Under the AP I of 1977 to GC refugees and stateless persons are to be protected under the provisions of Parts I and III of the Fourth Geneva Convention.
IHL protects refugees only in situations of armed conflict.

16. Admitting refugees
To admit and to protect refugees, a State must know who they are in order to be able to differentiate those in need of international protection from other people seeking entry to its territory.
General rule:
No country is forced to allow foreigners onto its territory- they have the sovereign right to decide if and how it will permit non-citizens to enter their territories.
The exception to this general rule is that States may not return a refugee or asylum seeker, in any manner whatsoever, to countries where his/her life or freedom is at risk because of his/her race, religion, nationality, membership of a particular social group or political opinion (the principle of non-refoulement).
This is the case even if the refugee entered the country illegally.
A refugee who poses a danger to the security of the country or to the community, or has committed grave international crimes cannot however claim this protection under the GC.

17. Admitting refugees cont..
It is the responsibility of States to identify refugees and give effect to their obligations under the Refugee Convention and to prevent refoulement.
Individual asylum-seekers have right to fair and efficient procedures for seeking asylum.
In some cases, at the request of the State concerned, UNHCR may undertake refugee status determination-especially situations of mass entry of persons claiming asylum.
Until the claim is examined fairly and concluded, the asylum-seeker is entitled to non-refoulement, and to benefit from humanitarian standards of treatment.
A person is a refugee as soon as the criteria contained in the definition are fulfilled.
Recognition of refugee status is declaratory, that is, it states the fact that the person is a refugee. A person does not become a refugee because of recognition, but is recognized because he/she meets the refugee by definition.

18. Protection of refugees from refoulement under International and Regional Human Rights Law
The Convention against Torture Cruel, Inhuman and Degrading Treatment or Punishment, 1984, Article 3, prohibits expulsion or return to a place where there is a substantial danger of torture and other ill-treatment.
International Covenant on Civil and Political Rights, 1966 Article 7 prohibits torture and other ill-treatment.
The UN Declaration on the Protection of All Persons from Enforced Disappearance (Article 8).
The OAU Refugee Convention (Article II),
The Cairo Declaration on the Protection of Refugees and Displaced Persons in the Arab World (Article 2).

19. Basic rights of refugees
Right to seek and enjoy asylum
Right to adequate standard of living
Right to life, liberty and security of person
Freedom from torture, or cruel, inhuman or degrading treatment or punishment
Freedom from slavery or servitude
Recognition as a person before the law
Freedom of thought, conscience, and religion
Freedom from arbitrary arrest and detention
Freedom from arbitrary interference in privacy, home and family
Freedom of opinion and expression
Right to education
Right to participate in the cultural life of a community

20. Basic rights of refugees
Safe asylum: security of life and the person.
Same rights like any legal resident i.e. basic civil rights and economic, social and economic rights.
International community can assist in fulfilling economic and social rights where host country is incapable.
The assistance may be in the form of financial grants; food; equipment, such as kitchenware, tools, sanitation and shelter; or in programs to establish schools or clinics for refugees living in a camp or other communal groupings.