A guide to international refugee protection and …

1 A guide to international refugee protection and building state asylum systemsHandbook for Parliamentarians N 27, 2017 AcknowledgementsThis publication is jointly published by the Inter-Parliamentary Union and the United Nations High Commissioner for : Frances Nicholson and Judith inter-agency editorial committee: Cornelis Wouters, Ariel Riva, Alice Edwards, Madeline Garlick (UNHCR Division of international protection ); members of the IPU Committee to Promote Respect for international Humanitarian Law, in particular Senator Gabriela Cuevas Barron (Mexico), Senator Philippe Mahoux (Belgium) and Kareen Jabre, Secretary of the commentators and contributors: Sanne Andersen, Caroline Dulin Brass, Subin Cho, Carole Simone Dahan, Alice Farmer, Sibylle Kapferer, Jackie Keegan, Nese Kilincoglu, Alexandra Pamela McDowall, Michele Simone, Peter Swiniarski, Beatrice Ureche, numerous other staff in UNHCR headquarters in Geneva and national offices around the world.

2 The IPU expresses its gratitude to the Federated States of Micronesia for its financial contribution towards the production of this parts of this publication may be reproduced for personal and non-commercial use on condition that copyright and source indications are also copied and no modifications are made. Please inform the Inter-Parliamentary Union on the usage of the publication content. Inter-Parliamentary Union and the United Nations High Commissioner for refugees , 2017 Cover photo: UNHCR/Benjamin LoyseauDesign and layout: BakOS DESIGNISBN 978-92-9142-707-9 refugee handbook (GB)Contents Foreword ..6 Abbreviations ..8 Introduction ..10 Using this handbook ..12 Chapter 1: The international legal framework protecting refugees .

3 Introduction .. international refugee law and standards .. Regional refugee laws and Other international legal standards that protect asylum-seekers and refugees .. Other sources of law and guidance ..32 Chapter 2 : Roles and responsibilities for protecting refugees .. Introduction .. The roles and responsibilities of States .. Responsibilities towards particular categories of refugees .. The role of UNHCR .. UNHCR s partnerships .. Supporting and funding refugee protection and UNHCR s work ..49 Chapter 3: Acceding to international instruments protecting refugees and building State asylum Introduction .. Acceding to the 1951 Convention and/or 1967 Protocol .. Developing State asylum systems .. National laws and policies: The core of State asylum systems.

4 59 Chapter 4: Managing the border and regulating the entry of Introduction .. Admission to territory and the scope of the non refoulement obligation .. Ensuring security and protecting refugees .. Challenges of mixed population movements .. Smuggling, trafficking and refugee protection .. protection -sensitive entry systems in mixed migration contexts .. Non-penalization for irregular entry ..94 Chapter 5: Receiving asylum-seekers and refugees .. Introduction .. Reception and treatment of asylum-seekers in the context of individual asylum systems .. Freedom of movement, detention and alternatives to detention .. Responding to a mass influx .. Responding in emergencies ..118 Chapter 6: Determining who needs international protection .

5 Introduction .. State responsibility for refugee status determination .. Determining refugee status .. The refugee definition: Who is included? .. What about the situation of Palestinian refugees ? .. Who should be excluded from refugee status? .. Complementary and temporary forms of international protection ..146 Chapter 7: Making asylum procedures fair and efficient .. Introduction .. Fair and efficient asylum procedures .. Minimum procedural guarantees .. Ensuring confidentiality in line with relevant data protection principles and standards .. Registering and adjudicating claims .. Admissibility procedures .. The interview and decision-making process at first instance .. Accelerated procedures .. Subsequent application and abandonment or withdrawal of applications.

6 Appeals and effective remedy .. Asylum-seekers with specific needs in the asylum procedure .. Recognition of refugee status .. Cancellation, revocation and cessation of refugee status .. Persons found not to be in need of international protection ..1954 Chapter 8: Respecting the rights and dignity of refugees .. Introduction .. The principle of non-discrimination .. The obligations and rights of refugees .. The rights of persons with complementary forms of Combatting racism, discrimination and xenophobia .. Using UN human rights mechanisms for asylum-seekers and refugees ..223 Chapter 9: Securing durable solutions .. Introduction .. Laying the groundwork for solutions: A systems approach .. Voluntary repatriation.

7 Local integration: Settling in the host Resettlement .. Innovative approaches to resettlement and other migration channels .. Naturalization .. Comprehensive approaches to resolve protracted refugee situations ..244 Annex 1: Model instrument of accession to the Convention relating to the Status of refugees of 1951 ..247 Annex 2: Model instrument of accession to the Protocol relating to the Status of refugees of 1967 ..248 Annex 3: Model instrument of succession to the Convention relating to the Status of refugees of 1951 ..249 Annex 4: Model instrument of succession to the Protocol relating to the Status of refugees of 1967 ..250 Annex 5: Glossary of key refugee protection -related terms ..251 Annex 6: Selected websites with information on aspects of refugee protection .

8 267 A few words ..2695 Foreword IPUP roviding protection to people fleeing in search of refuge is one of humanity s most long-standing traditions a shared value embedded in many religious and cultural traditions, and now part of international law. It is a value that has stood the test of time, and was most recently articulated by all 193 United Nations member states in the New York Declaration on refugees and Migrants, adopted in September Declaration was a resounding reaffirmation of the fundamental principle of refugee protection , at a moment when the number of people fleeing their homes has reached levels not seen in decades. There are now almost 66 million people displaced from their homes by conflict, violence and persecution, of whom around one third have fled across borders as refugees a similar level to the mid-1990s, when the aftermath of the Cold War triggered similar upheaval.

9 The magnitude and complexity of forced displacement today is directly linked to the prevalence, scale and longevity of today s conflicts, and the inability of the international community to find the unity of purpose necessary to resolve than 80% of those fleeing their countries as refugees find protection in neighbouring ones, whose people and governments are often struggling to manage the impact of a nearby conflict and to address their own development challenges. Over half of all refugees are children compared to around one third of the world s general population. Fewer than one in five refugees move further afield; when they do so, it is often due to a lack of prospects, and inadequate support, including for the countries and communities hosting them.

10 Those who move generally do so part of irregular migratory flows, encompassing people moving for a broad range of reasons including economic opportunity. It is important to maintain a clear distinction between refugees and migrants, with refugees holding a particular status in international law as they are unable to return home because of conflict and persecution albeit that both groups encounter many of the same risks, often perishing or exposed to physical harm on risky overland and sea New York Declaration also came at a moment in which the principle of refugee protection had been tested by the actions of some states and indeed, this continues to be the case. In certain countries and regions, access to asylum is restricted, with borders closing, detention on the increase and legal and procedural impediments blocking access to protection .