scholarly journals The Broadening Protection Gap for Stateless Palestinian Refugees in Belgium

2020 ◽  
pp. 300-316
Author(s):  
Wout Van Doren ◽  
Julie Lejeune ◽  
Marjan Claes ◽  
Valérie Klein

This paper reflects upon the issue of statelessness, Palestinians and a recent evolution of Belgian caselaw. When seeking to apply the definition of a ‘stateless person’, as found in art 1 of the 1954 Convention Relating to the Status of Stateless Persons to Palestinians, judges are confronted with specific challenges. Since 2016, divergent standards are developing as to the question of whether, and in which circumstances, Palestinians may be stateless for the purposes of international law. This evolution takes place in a national landscape characterised by a statelessness determination procedure that falls short of standards set out in the United Nations High Commissioner for Refugees Handbook on Protection of Stateless Persons in a number of areas, while a growing number of asylum seekers originating from Palestine are registered over the period 2016–19. This paper exposes, anno 2020, the protection gaps left open by the remarkably divergent approaches to this question taken by the different national actors involved.

2008 ◽  
Vol 5 (3) ◽  
pp. 60-62 ◽  
Author(s):  
Winnie Lau ◽  
Trang Thomas

Interest in the psychological well-being of refugees and asylum seekers has steadily grown in recent years. Latest estimates indicate there are 32.9 million people of concern to the United Nations High Commissioner for Refugees (2006). A refugee is defined as being in that position because of a well-founded fear of persecution due to race, religion, nationality, social group or political opinion, and who is consequently outside and unable to return to his or her country. The status of ‘refugee’ is contrasted with that of a person seeking asylum, whose experiences may be similar but who is not formally determined in the same way.


2020 ◽  
Vol 8 (4) ◽  
pp. 1215-1226
Author(s):  
Sarah Mahmoud Al-Arasi ◽  
Khalid Rbye Ayd Alhuayan

Purpose: According to the importance of the refugee issue and refugee rights and since that Hashimte Kingdom of Jordan did not join the 1951 convention of refugees status and its 1967 protocol and managed to sign the memorandum of understanding instead with UNHCR, this study aimed to tackle the issue of refugees rights and duties between reality and implementation in Jordan. Methodology: This study adopted the descriptive, analytical, and comparative methodology of international and regional conventions, in addition to the comparison between the Jordanian legislation and the Memorandum of Understanding on Refugees with the provisions of international law. Also, it utilized the empirical method by conducting a field study. Main Findings: Results gained from the questionnaire concluded the refugees on Jordanian territory got rights more than what was stipulated on in the memorandum of understanding signed between the Jordan government and the United Nations high commissioner for refugees’ affairs (UNHCR). It also found out that the majority of refugees committed to their responsibilities in maintaining general security and order. Implications/Applications: This study has addressed the implications of the memorandum of understanding signed between the Jordan government and the United Nations high commissioner for refugees' affairs (UNHCR) by its analysis and application on a random sample of 150 refugees in Jordan, including Syrians in the biggest refugee camp in Jordan; Al- Zaatari refugee camp, in addition to the implications of the memorandum on Iraqi and Yemeni refugees in Jordan. Novelty/Originality of this study: This study was based on the memorandum of understanding between Jordan and (UNHCR) that was signed in the background of the refugee crisis that our countries witnessed. However, this study was the first to analyze the articles of the memorandum of understanding mentioned above and was backed up with a field study on a random sample of 150 Syrian refugees in Jordan refugees’ camps.


Author(s):  
François Crépeau ◽  
Leanne Holland

AbstractThe system of temporary protection set out in accordance with the conclusions of the Executive Committee of the United Nations High Commissioner for Refugees (Excom) offers the necessary guarantees for the protection of the refugee under such a system. However, regimes of temporary protection recently established in a number of states (for example Germany and the United States) do not respect the conclusions of Excom nor theConvention Relating to the Status of Refugees of 1951and are based on the objective of controlling migratory flows.


1970 ◽  
pp. 36-44
Author(s):  
Rouba Beydoun

The year 2003 was a turning point in the Arab region. The Coalition Forces invaded Iraq causing the fall of Saddam Hussein’s regime and the subsequent violence. This has led to a massive influx of refugees throughout the Arab region. Around 4.2 million Iraqis left their homes due to the violence in their country. Some two million have fled to neighboring countries, including Lebanon (UNHCR, 2007). Lebanon is also host to an estimated 400,000 Palestinian refugees who fled Palestine largely as a result of the formation of the Israeli state in 1948 (Shafie, 2007). Aside from Palestinians, Iraqis currently account for the vast majority of refugees in Lebanon (DRC, 2005). The United Nations High Commissioner for Refugees (UNHCR) estimates that around 50,000 Iraqi refugees are residing in Lebanon (IRIN, 2007). The Lebanese State is not a signatory to the 1951 Convention relating to the Status of Refugees, thus the vast majority of Iraqis have had to enter the country illegally (IRIN, 2007).


2011 ◽  
Vol 22 (2) ◽  
pp. 119-125
Author(s):  
Volker Türk

AbstractThis year marks the 60th anniversary of the UN Convention relating to the Status of Refugees and the 50th anniversary of the Convention on the Reduction of Statelessness. And yet there are almost 5 million refugees and internally displaced persons in the OSCE area. The crisis in North Africa and the Middle East is creating a vast new displacement challenge, including for OSCE participating States. What are the legal and policy gaps in terms of protection? And what steps are the OSCE and the United Nations High Commissioner for Refugees (UNHCR) taking to tackle the problem of IDPs, refugees and statelessness in the OSCE?


Author(s):  
Gerison Lansdown ◽  
Ziba Vaghri

AbstractWhile all international human rights treaties apply to children, only the Convention explicitly elaborates who is defined as a child. Article 1 defines the child as a human being who is below the age of 18 years. Majority is set at age 18 unless, under domestic law, it is attained earlier. During the negotiations of the text of the Convention, there was significant debate regarding definitions of both the commencement and the ending of childhood. The initial text, proposed by the Polish Government, drawing on Principle 1 of the UN Declaration of the Rights of the Child, 1959, provided no definition of childhood at all (Office of the United Nations High Commissioner for Human Rights and Rädda barnen (Society: Sweden), 2007, p. 301). However, government delegates on the Working Group immediately highlighted the need for clarification. The first revision of the text therefore proposed that a child is a human being from birth to the age of 18 years unless majority is attained earlier. However, with regard to the beginning of childhood, the Working Group were unable to come to a consensus. An unresolvable division persisted on whether childhood, in respect of the Convention, commenced from the point of conception, or from birth (Office of the United Nations High Commissioner for Human Rights and Rädda barnen (Society: Sweden), 2007, pp. 301–313). The conflict was ultimately resolved by removing any reference to the start of childhood.


1982 ◽  
Vol 10 (6) ◽  
pp. 287-307
Author(s):  
Roger S. Clark

The award of the 1981 Nobel Peace Prize to the Office of the United Nations High Commissioner for Refugees (UNHCR) has again focused attention on an organ that has received surprisingly little analysis in the scholarly literature. In what follows, after some preliminary remarks about the needs and rights of refugees, I plan to discuss (1) the mandate and functions of the Office, (2) the types of projects in which it is currently engaged (through an examination of the High Commissioner's 1980–81 Report), and then, (3) to make some comments about the significance of the diplomatic protection functions of the Office to conceptions of international law and organization.


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