The Protection Of The Rights Of Refugees

The international refugee protection mechanism in protecting the rights of refugees has made tremendous achievements, but with the passage of time, the mechanism for the protection of the rights of refugees is increasingly unsatisfactory. The 1951 "Convention on the Status of Refugees" and the 1967 "refugees Protocol", as the cornerstone of refugee law in the protection of the rights of refugees, have also appeared insufficient. Considering that, from the aspect of international refugee law and based on refugee rights protection theories, the thesis makes a research on such protection's development and relevant stipulations, analyses existing problems, suggests methods to improve them, and briefly introduces the refugee rights protection in China. This thesis, being about 30,000 words, is divided into four parts except the introduction and the concluding remarks:Part one: Overview of RefugeesThere are four aspects dealing with the basic situation of refugees in this part: first of all, it introduces the definition of refugee, the exclusion of refugee status; secondly, it describes its classification simply; Thirdly, it analyzes characteristics of refugees. Finally, it analyzes the reason that how refugees come out, especially the main reason for refugee flood caused by civil commotion or the civil war.Part two: The Legal Protection of the Rights of Refugees in International lawThe part introduces and summarizes the provisions and the practice to protect the rights of refugees in international law from four aspects. Firstly, it sums up the content of the protection of the rights of refugees, including 12 rights whose core is the right for non-refoulement ; Secondly, it outlines the legal ground for protection of the rights of refugees including international human rights law, namely, "Convention on the Status of Refugees" (1951) and the "refugees Protocol" (1967) , as well as regional legal documents ; Thirdly, it reviews the work of international institutions which protects of the rights of refugees, including basic conditions functions, objects, of the United Nations UNHCR, as well as the measures to protect the rights of refugee; fourthly, it introduces the practice of South Africa, Canada and United States.Part three: Dilemma That protection of the Rights of RefugeesIt points out the dilemma that protection of the rights of refugees and analyzes the reasons from the theory and practice to protect of the rights of refugees, combined with international refugee law and the practice of international community. The dilemma includes three aspects: in the first, the dilemma of system. It points out the defects of Convention on the Status of Refugees that have restricted the whole international system of protection of refugees to play its due role in the protection of the rights of refugees; secondly, the dilemma in the practice of international protection of the rights of refugees. International practice to protect of the rights of refugees is mostly carried out under the guidance of UNHCR carried out, however, UNHCR is just a international aid agencies, which is restricted much when carry on the work to protect refugee. Thirdly, it is dilemma of protection of the rights of refugees. The influx of refugees has great impact on the host country. At the same time, there is also the abuse of the host countries discretion to limit or violations of the rights of refugees.Part four: Perfection of International Protection of the rights of refugeesThe part proposes suggestions to perfect the protection of the rights of the refugees from four aspects. To begin with, Convention on the Status of Refugees needs to be improved. Second, reforming of the UNHCR is inevitable. In this regard, the following measures can be taken: the Convention is given the power to the implementation. Secondly, the UNHCR will be advanced for the United Nations semi-official body, with other international organizations to establish liaison mechanism. Third, the national refugee law needs to be improved. The international protection of the rights of refugees is built on the premise of respecting national sovereignty above, is a sovereign state of mutual cooperation and commitment to international obligations results. Governments should fully understand the seriousness of the problem of refugees, in compliance with the Convention on the basis of further improving their domestic refugee law. Fourth, the inter-State's obligation coordination mechanism needs to be established to protect the rights of refugees. International refugee protection is not just a regional or national obligations, it is the common responsibility of the international community. In the protection of the rights of refugees, the developed countries and developing countries have their obligation. The international community should be fully aware of both developed and developing countries for the protection of refugees making a tremendous contribution to the cause on the basis of the establishment of inter-State obligations to protect the rights of refugees. In the world advocate of democracy and freedom, and global cooperation to eliminate poverty and protect the environment is to drive out the best way to the refugees.Part five: Protection of the Rights of Refugees in Our CountryIn view of the protection of the rights of refugee status in our country, it points out there are still some shortcomings in the protection of the rights of refugees, such as lacking of refugee law, procedure to identify refugees and no organizations to deal with refugee's problem. On the basis of it, it puts forward recommendations to improve the protection of the rights of refugees.