THE INTERNATIONAI HUMAN RIGHTS LAWYERS SUBMISSION

23 August 2005

Subject Dishumanising, obstruction of development of Universal Declaration Of Human Rights

 

The year 2005 the convention relative to the status of refugees. The convention was a landmark in the letting of standard for the treatment of refugees. It incorporated the fundamental concept of the refugee protection A key phrase in the 1951 convention is a definition of a refugee. This phrase contains a subjective element ( fear of persecution) as well as an objective elements the fear must have an objectively justifiable basis. According to the 1 951 convention, persecution must be linked to nay one of the five specified grounds Race religion nationality, membership a particular social ground and political opinions

Statutory refugee must be considered under the provisions of the International instrument that were in force before the 1 95 refugee convention. Standard derived from the 1951 refugee convention and other International instrument that get the parameters for the treatment of refugee in the world. The 1951 convention provide for various standard of treatment depending on the particular rights in question

These are treatment not less favourable than that generally accorded to aliens in similar circumstance. In rejection of the border, the refusal to allow in asylum seeker entry into a prospective country of asylum. Rejection at the border may result in a violation of the principles of no refoulment. On 28 July 1951 when the convention was originally adopted it was to deal with the rights The rights origin lies the conventions allowed humanitarian character which ensure that its fundamental concept remain intrinsically around. transformation which pose serious challenge to the capacity of states to respond to contemporary displacement situations. The changing nature of armed conflicts and pattern of displacement and serious apprehensions about uncontrolled migration in this era, if globalisation are increasingly part of the environment in which refugee protection has to be realised. Trafficking and struggling of people, abuse of asylum procedure and difficulties in dealing with unsuccessful asylum seekers are additional compounding factors. Asylum countries in many parts of the world are concerned about the lack of resolution of certain long standing refugee problems, urban refugee issue and irregular migration, a perceived imbalance in burden and responsibility sharing and increasing cost of hosting refugee and asylum seekers.

If the convention is being challenged in a number of important way, it has though proved its resilience. This is because the 1951 convention has a legal, political and ethical significance that goes well beyond its specific term.

Legal in that it provides the basic standard on which principled action can be based; political, in that it provide a truly Universal framework within which state can Co-operate and share the responsibility resulting from forced displacement and ethical in that it is unique declaration by those 141 state which currently are parties to it of their commitment to uphold and protect the rights of some of the most vulnerable and disadvantaged peoples.

The AOTI' has a long history of concern for the fate of refugee its resolution have persistently urged states to accede to and implement the refugee instrument.

The International protection, the convention, declaration, National legislation and ( soft law) form the legal skeleton that support the body of actions intended to protect refugee and Asylum seeker. The N G O worker on the ground should be guided by the general principle and standard condition in international refugee and human rights law. In countries that haven't use prima-facie recognition on a group basis, temporary protection has usually been offered allowing people immediate access to safety and protection their human rights . The African parliamentarians in continent that do not adopt the expanded refugees definition may want to consider making provision in national law for persons who do not meet the refugee convention definition but who are, nevertheless, in need of protection.

The Asylum seekers have become something of a campaign of the African's oppositions parties politic issue in election situation or not, with government and opposition parties fight with each other to appear toughest on the ( Bogus) Asylum seeker flooding into their countries.

Asylum seekers makes a perfect target for people wanting to involve the age-old.

Prejudice against all foreigners. The Africans parliamentarians, and government, opposition.

Should thus take the lead in promoting respect and to tolerance for refugees and foreigners and in encouraging local populations to see refugee or foreigners not only The Africans politician, journalist, parliamentarians must have a major role to play in ensuring that national debate take proper account of this important reality and of the many positive experience countries have enjoyed in welcoming and integrating refugee and all peoples into their societies the judiciary specially the magistrate3 judge is not playing important role in refugee protection. Particularly where the nationals protection system is based on legislation and not solely on administration discretion. AOATP must assist the Africans judiciary systems by offering professional development workshops on refugee law and human rights contribution in refugee home countries

The AOATP help foster within the African judiciary and understanding of the obligations created by the refuge convention, encourage the use of the judicial process to adjudicate the rights of refugee claiming, helps develop an understanding of judicial independence within the concept of refugee law in emerging democracies and developing countries.

The refugee have been the target of violent attack and intimidation, xenophobia. Largely because they were perceived as different from the communities in which they had temporarily settled Tension between refugee, foreigners and local population have erupted when foreigners and refugees were seen as competitors for natural and economic resources,

The all conference in world about refugee; call on all peoples, communities, countries in world to be conscious of their responsibility to protect refugee and to receive of political persecutions as defined in the 1951 convention relating to the status of refugees, is the foundation of the International refugee regime.

The 967 refugee protocol is independent of though integrally related to the 1951 convention. The protocol lifts the time and geographic limits founds in the conventions refugee definitions. The refugee convention and protocol covers three main subject;

The basic refugee definition; along which term for cessation, of and exclusion from refugee status.

The legal status of refugees in their countries of Asylum, their rights and obligations, including the rights to be against forcible return of refoulment, to a territory where their lives or freedom would be threatened (the no, refoulment principles) States obligations, including co-operation with United Nations in the exercises of its functions and facilitating its duty of supervising the application of the convention, As a general principles and the international law positive every treaty in force is bringing upon the parties to it, and must be performed in good faith.

The right to seek and enjoy asylum is recognised in international human rights law and is critical for protecting refugee. in 1992 the united Nations ( Executive-from the right to seek and enjoy

 

Yours Sincerely

Dr Lunga Nzo-Mambu

The InternationaI Human Rights Lawyers

Chairman