The Refugees Are Covered under the 1951 Convention - Essay Example

xxxxxxxxxxxxxx xxxxxxxxxxxx xxxxxxxxxxxxxxx xxxxxxxxxxxx xxxxxxxxxxxxxxxxx What are the other categories of persons in need of protection not defined in the 1951 Refugee Convention and the 1967 Protocol? Introduction A convention may refer to an agreement on an international law, while a protocol may denote the implementation of a given convention. The refugees and their rights are therefore covered under the 1951 Convention and the 1967 Protocol of the United Nations High Commission on Refugees (UNHCR). With these treaties, the world communities, governments, and societies have been able to set similar standards for refugees all over the world (Miller, 2014). It has been the argument of many people that the treaties have long been outdated. This is evident from the convection definition of a refugee. It dictates the available solution for refugees as exile. On the contrary, we are in a different era where refugees problems can be properly handled and rule out exile. In this regard, dialogue can rule out or provide alternative amicable solutions to refugees. The Refugee Convention of 1951 and the 1967 Protocol covers widely the rights of the refugees in the entire world (Miller, 2014). However, the convention and its protocol fail to cover other groups of the vulnerable and the disadvantaged. These groups are the victims of female genital mutilation, child hunger, child recruitment into illegal militia, sex abuse victims, among others (Antoinette, 2010). The convection states that it does not provide permanent protection to refugees. This implies that when the refugee status of a person expires, he or she is venerable to other crimes such as sexual abuse and hunger. The 1951 refugee convention and 1967 protocol are to be practiced without any kind of discrimination and that is why there is need for its revision and its composition of the details of these other groups of persons. Limitations of the 1951 convection and 1967 protocol The convection however, has its fair share of limitations that emphasis more on the need to have the convection revised. For instance, the convection denies the refugees and ‘camp’ refugees equality (Miller, 2014). More preference is given to those present instead of preference being based on the neediest. Furthermore, the convection also does not take into account factors accruing to the refugees as a result of political, financial or social factors. The convection based asylum deemed to be most efficient during the Cold War (Miller, 2014). Applying the same convection today has proved futile in seeking to solve some of the challenges faced by the asylum seekers. The convection fails to factor in mass asylum seekers outflows as well as their migratory movement patterns. Persons not covered by the 1951 convection and 1967 protocol The 1951 convection is very clear on the persons it protects. The convection clear defines refugees as a person who has freed his or her country due to risk of facing prosecution because of race, political opinion or religion. The 1967 protocol on the other hand, puts more emphasis on the applicability of the convection. The 1967 protocol further seeks to do away with the geographical and time barriers imposed by the 1951 convection. With the geographical and time limits, people were restricted from becoming refugees as a events taking place in Europe such as the Cold War (Miller, 2014). The 1951 convention and the 1967 protocol have failed to provide adequate clauses to protect, the sexual abuse victims. They are those people who have undergone the act that forces them to do some sexual things they are not willing to. These impacted negatively on them, thus leading to death, mental instability, psychological trauma, and torture amongst others. If you keenly observe and study these victims, you will come to realize that they undergo various forms of torture that are not pleasing at all (Miller, 2014). UNHCR is the international body mandated to oversee protection of refugees. In addition, it is also the official guardian of the 1951 convention and 1967 protocol with the responsibility of ensuring all the clauses are effectively carried out. Any state can accede to the 1951 convection by way of implementing the instrument of accession with the UN Secretary General. The instrument must however, bear the signature of the respective country’s head of state. The 1967 protocol is also acceded in the same manner. However, the particular state must be ready to implement the provisions of the 1951 convection non-bias without any time or geographical limitations. A willing state is also permitted to accede the convection and the protocol simultaneously, but must first of all submit a formal application pertaining to the geographical and time limits contained in the 1951 convection (Antoinette, 2010). It is crucial that states accede to the 1951 convection as well as the 1967 protocol since the issue of refugees is a must address for every government in the world. The issue of protecting refugees is universal and a compulsory requirement for every government. The moment a state accedes to the 1951 convection, it shows that the government is in agreement with the internationally accepted humanitarian standards for refugees. It is also a show of safety for the immigrant refugees and demonstrates the willingness of a state to protect refugees. Rights of refugees as per the 1951 convection and 1967 protocol The 1951 convection highlights a number of rights that are accredited to refugees internationally. A refugee should not be returned to a country where he or she faces potential threats to life and freedom. Other rights entail. Rights to freedom of movement, right to access courts and a fair hearing, right to housing and right to public relief and any form of assistance (Antoinette, 2010). The 1967 protocol fully backup the rights dictated by the convection. The only obligation refugees are encompassed with in any country is to adhere to the rules and regulations in the particular country. Conclusion With this in mind, the governments of the world and other organizations, bodies and all players in the fields of human rights need to put this in mind during the next revision of the 1951 Convention and the 1967 Protocol on refugees (Antoinette, 2010). They are supposed to consider that there are other groups of vulnerable and disadvantaged persons who need their attention and support. The hunger victims spread in all these areas of the civil war, the illiterate in such countries and the third world, the mentally and physically challenged and those who are being alienated and discriminated against among others need equal treatment. References Antoinette F. D., 2010. Victims of Sexual Assault and Abuse: Resources and Responses for Individuals and Families, Volume 1. s.l.:ABC-CLIO,. Miller, J., 2014. Utah teen shares her story of sex abuse to empower others. The Salt Lake Tribune, 17 March. Refugees (UNHCR), O. o. t. U. N. H. C. f., 2010. Convection and Protocol Relating to the Statutes of Refugees. s.l., UNHCR. Retrieved from:http://www.unhcr.org/protect/PROTECTION/3b66c2aa10.pdf Sandra D. and Reid, R. R. &. T. N., 2014. Breaking the Silence of Child Sexual Abuse in the Caribbean: A Community-Based Action Research Intervention Model. Journal of Child Sexual Abuse , 23(3), pp. 256-277. ESSAY Read More