IE University 

Virtual MUN 2020

 
UNHRC: Protective measures for refugees in a post-pandemic world
 

 
Points to cover:
 
1. Message from the chairs
2. Committee overview 
2.1. History of the committee
2.2. Structure and functions
3. Background of the Topic
4. Timeline
5. Glossary of terms and definitions
6. Main solutions/treaties proposed until now and their effectiveness
(+ other subpoints you deem necessary to explain the topic)
7. Points a Resolution Should Address
8. Further Reading
9. Bibliography  → APA style

 
Message from the chairs
 
Dear distinguished delegates,
 
We are honored to welcome you to the IE University Virtual Model United Nations 2020 and to the
UNHCR Committee. As your chairs, we are absolutely delighted to be part of this online MUN and to
experience how a MUN can take place online, in this new normality that we are living.
 
The United Nations (UN) depends on the cooperation and goodwill of its 193 Member States.
Because each state has unique interests and concerns, it is challenging to write, negotiate, and pass
resolutions. Every stage of the process demands creativity and diplomacy. We are hoping that every
single delegate gets the chance to experience what a UN session is like, even if it is from our homes.
 
As your committee chairs, we would like to briefly introduce ourselves. Carolina Villegas is
currently studying her fifth year of Medical School in Mexico, and although MUN seemingly has
nothing to do with her major, she believes that they represent a great experience, not only to
understand and connect with the problems of the current world, but also because of personal
development this kind of events represent. 
 
Aisha is currently pursuing a Master's in Economics at the University of Warwick. She started
exploring Model United Nations as a result of her interests in International Relations and Global
Political Economy. Given her intrigue in Development Economics, she is looking forward to co-
chairing the UNHCR at IEUMUN 2020, to discuss the socio-economic effects of the pandemic on the
refugee crisis, and a plausible recovery framework for it. 
 
We will work to keep the committee running smoothly, as well as doing our best to help you
understand the parliamentary procedure and to ensure that the views of all delegates are heard and
respected.
 
Best regards,
 
Carolina Villegas & Aisha
 
The committee 
 
Overview

The UNHCR, Office of the United Nations High Commissioner for Refugees, an organization that was
established as the successor to the International Refugee Organization (IRO; 1946–52) by the
United Nations (UN) General Assembly in 1951 to provide legal and political protection for refugees
until they could acquire nationality in new countries of residence. 1

Before this organization or its predecessors were established, International refugee assistance was
first provided by the League of Nations in 1921. It was during 1943 that the United Nations Relief
and Rehabilitation Administration was created, which was succeeded by the IRO later in 1946, as a
response to assist people who had been displaced by World War II, which ultimately led to the
creation of the UNHCR in 1951.2

The UNHCR statute is grounded in Article 14 of the Universal Declaration of Human Rights, which
recognizes the right of persons to seek asylum from persecution in other countries 2, as the
centerpiece of international refugee protection, up to this day. Its statute was drafted almost
simultaneously with the 1951 Convention Relating to the Status of Refugees, which became the
cornerstone of refugee protection in subsequent decades 3. Although the original 1951 UNHCR
convention was initially limited to the European continent for a period of three years, it was later
reformed in 1967 to remove the geographic and temporal limits of the 1951 Convention and to give
the Convention universal coverage. Since then it has been supplemented by refugee and subsidiary
protection regimes in several regions, as well as via the progressive development of international
human rights law.4

Structure

1
Mingst, Karen. “Office of the United Nations High Commissioner for Refugees”. Encyclopædia Britannica. Encyclopædia
Britannica, inc. November 13, 2019.
2
UNHCR. “History of UNHCR”. UNHCR: The UN Refugee Agency. Accessed September 17, 2020.
3
UNHCR. “Convention and Protocol Relating to the Status of Refugees”. UNHCR: The UN Refugee Agency. Accessed
September 17, 2020.
4
UNHCR. “Convention and Protocol Relating to the Status of Refugees”. UNHCR: The UN Refugee Agency. Accessed
September 17, 2020.
The UNHCR is a subsidiary organ of the General Assembly. It enjoys a special status within the UN
with a high degree of independence and autonomy. The headquarters are located in Geneva,
Switzerland, and it has branch offices in important countries of asylum; such as Turkey, Canada, the
United States of America, and Great Britain.5

UNHCR is now one of the world's principal humanitarian agencies, with some 8,000 staff members
working in 449 locations in 123 countries. In the last six decades, the agency has assisted over 50
million people, earning Nobel Peace Prizes in 1954 and 1981.

The office consists of a High Commissioner, a Deputy High Commissioner, and an Assistant High
Commissioner. Filippo Grandi, who became the 11th High Commissioner in January 2016 6, reports
to the Economic and Social Council on coordination aspects of the work of the agency and submits a
written report annually to the UN General Assembly on the overall work of UNHCR.

Apart from them, the office of High Commissioner has been divided into 13 divisions or
departments known as Bureaus, which include some as the Division of International Protection,
Division of Operation Support, and Bureaus for each continent, among others.

UNHCR’s programmes are approved by an Executive Committee, currently of 94 member states,

that meets annually in Geneva. Furthermore, the UNHCR intervenes with various national
governments to ensure minimal rights such as freedom from arbitrary expulsion, access to the
courts, work and educational opportunities, and possession of identity and travel documents.

Functions

UNHCR’s initial task was to help millions of uprooted peoples in the aftermath of World War II, and
to seek permanent solutions for them, The agency was given three years to accomplish this task but
as new refugee crises proliferated across the globe, the mandate was repeatedly renewed until, in
2003, the UN General Assembly made the High Commissioner’s mandate permanent.

Since the 1960s the UNHCR’s efforts have shifted to resettling refugees who are victims of war,
political turmoil, or natural disasters in Africa and parts of Asia and Latin America. In addition to
providing basic international legal protection for displaced persons, it works with other UN
5
UNHCR, "The 20 Countries to have granted protection to Refugees in the 21 st Century” UNHCR: The UN Refugee Agency.
Accessed September 17, 2020.
6
 UNHCR, “The High Commissioner” UNHCR: The UN Refugee Agency. Accessed September 17, 2020.
agencies such as the World Food Programme and the World Health Organization and other non-
governmental organizations, and regional organizations to provide housing, food, and material
assistance and aid in repatriation and resettlement.

For the 2020-2021 planning period, the UNHCR has set several goals that should encompass the
actions taken by this organization which include:

 The favorable protection environment: By safeguarding access to territorial protection

and asylum procedures; protection against refoulement; and the adoption of nationality
laws that prevent and/or reduce statelessness.
 The fair protection process and documentation: Securing birth registration, profiling,
and individual documentation based on registration.
 Security from violence and exploitation: Reducing protection risks faced by people of
concern, in particular, discrimination, sexual and gender-based violence, and specific risks
faced by children.
 Coverage of basic needs and services: Reducing mortality, morbidity, and malnutrition
through multisectoral interventions, meeting International Standards concerning shelter,
domestic energy, water, sanitation, and hygiene.
 Community empowerment and self-reliance: Promoting active participation in decision-
making of people of concern and building coexistence with host communities, promoting
human potential through increased opportunities for quality education and livelihoods
support.
 Durable solutions: Expanding opportunities for durable solutions for people of concern,
particularly those in protracted situations, including through strengthening the use of
comprehensive approaches and contributing to sustainable reintegration, local settlement,
and successful resettlement in third countries.

The UNHCR has the duty of ensuring that everyone has the right to seek asylum and find safe refuge
in another State, with the option to eventually return home, integrate, or resettle. While some of
their functions include providing emergency assistance, though guaranteeing the protection of
refugees, the ultimate goal is to find solutions that allow refugees to rebuild their lives so that they
are able to live in peace and dignity.7

7
UNHCR. “Report on UNHCR’s global strategic priorities”. UNHCR: The UN Refugee Agency. May 31, 2019.
Background of the topic (Protective measures for refugees in a post-pandemic world)
 
Introduction
 
The world is currently dealing with the largest refugee crises on record. At least 79.5 million people
around the world have been forced to flee their homes, with more than 26 million who are
currently recognized as refugees, and 45.7 million people that fall under the internally displaced
people category. It's worrisome to realize that 1 percent of the world's population is displaced and
have fled their homes as a result of a wide array of conflicts, persecution, and discrimination. 8

Millions of stateless people that have been denied a nationality, also lack access to basic rights such
as education, health care, employment, and freedom of movement. Whilst much of the attention has
been focused on the refugee "crises" in Europe and other rich countries, however, it's important to
emphasize that a vast majority of the refugees remain in poorer countries, either in massive refugee
camps or struggling to survive in urban centers and peripheries 9, yet too little attention has been
paid to these poorer countries, which results in a worsening of the living conditions in which
millions of people are forced to remain.

Challenges faced by refugees

Refugees face many challenges, from the problems within their countries of origin, to the
increasingly expensive and dangerous routes they are forced to take to reach their countries of
destination. Yet, for those that are effectively able to flee to another country, being abroad does not
automatically mean that the challenges and problems have concluded. It's extremely important to
highlight that by being able to understand the problems that refugees must comfort; to be able to
set the right basis leading to the creation of measures to protect them.

As has been previously mentioned, the lives of refugees are particularly hard. They are fleeing
places of war, hunger, famine, or persecution, they have gone through terribly tough journeys, just
to find themselves in completely different paths, just for a chance of a better life. Once refugees
reach another country, they still carry many problems, they meet with new challenges, and more

8
UNHCR. “Figures at a Glance”. UNHCR: The UN Refugee Agency. Accessed September 17, 2020.
9
Freedman, Jane. “Grand Challenges: Refugees and Conflict”. Frontiers in Human Dynamics. Specialty Grand Challenge
Article. October 30, 2019.
often than not, they have to face said problems, alone, scared, and traumatized from the events of
their pasts.
For the purpose of understanding the difficulties faced by refugees even after reaching another
country a single quote can sum the reality man; refugees living abroad face, "But I want to live. So I
came here, to be able to live, to have a life", those are the words of Mahmund, a Somali man that
reached Italy in 2014.10 Like him, may other refugees across the globe share the same aspirations,
but what does it mean "to live"? For certain it must be something more than providing physical
safety, which in the best cases, is the only thing that it's offered to refugees in foreign countries,
completely forgetting and ignoring their other needs, dreams and aspirations.

The challenges faced by refugees and other migrants are profoundly important, as they shape the
way they can aspire to live in another country, proving to be one of the biggest issues that prevent
refugees to reach their well-being, even after fleeing from their homes. Among these challenges and
difficulties, it's important to mention the following; for starters, they must face the language
barriers, which can prevent them from engaging into communication with the locals, getting a job,
filling the legal documents that are needed to protect them, or even simple tasks such as buying
food; raising children as a refugee, with kids growing up in different societies and precarious living
conditions, often without access to education that leads to the deepening of the systematic
differences that exist in the current society and put children at a disadvantage; the lack of a source
of income, since finding a job is a significantly difficult task, refugees often aren't able to work or
work for minimal payments; lack of housing, forcing them to remain living in refugee camps, places
that lack the minimum infrastructure to cover basic needs such as personal space, good nutrition or
access to hygiene.

Refugees require security, just like any other human being. This security often encompasses
something commonly known as "social rights", which advocate for things like housing, security
health care, and employment. But the lack of these rights it just the tip of the iceberg of all the
difficulties that have been historically faced by refugees and continue to be faced to the current day.

10
Wacker, E., Becker, U., Crepaz, K. “Refugees and Forced Migrants in Africa and the EU”. SpringerVS. 2019.
10.1007/978-3-658-24538-2
Refugee situation during the COVID-19 pandemic

On top of everything, during 2020 millions of refugees have not only been exposed to violence,
family separation, and exile, but the COVID-19 pandemic has also exposed these populations, not
only to a worsening of the challenges they have previously faced, but also to new threats that could
be far more devastating than the very own events that forced them to flee their homes.

Refugees and other displaced people belong to the most marginalized and vulnerable members of
society, which makes them especially susceptible to COVID-19 and other diseases, as their living
conditions disproportionately increase the risk of contagion. With over 80 percent of the world's
refugees and nearly all the world's internally displaced people are hosted in low- and middle-
income countries, where they usually live in densely populated refugee camps, measures that are
needed to prevent the transmission of diseases, such as social distancing can't be taken.
Furthermore, the lack of basic sanitation can make measures such as hand hygiene close to
impossible.

The current events have shown the heightened risk that refugees have of contracting and dying
from the virus. We have seen some cases of this new risk, among which we may find one of a hotel
in southern Greece, in which 148 asylum seekers tested positive for COVID-19. In Singapore, 93% of
COVID-19 cases occurred in dorms housing migrant workers. In Bangladesh, where refugee camps
are full of Rohingya – an estimated 730,000 have fled neighboring Myanmar’s brutal military
crackdown since 2017 – a single COVID-19 patient could lead to 2,040-2,090 deaths. 11

It's also important to denote that even outside refugee camps, refugees still face a higher risk of
infection. For starters, they conform a disproportionately proportion of the "essential" jobs that
have kept societies and economies functioning during the pandemic. Yet, many of these jobs do not
offer adequate protection, they are often low-paid and do not include benefits such as health
coverage or paid-sick leaves.
 
Refugees also face the fear of being isolated and separated from their families to slow down the
pandemic, they may face even more discrimination related to the stigmatization of this disease and
the social stigma, compounded by language barriers that refugees face in host communities and

11
Hazra, Aditi. “COVID-19: Here´s how we can help refugees”. World Economic Forum. August 6, 2020.
their limited access to health care for obtaining health information, testing and treatment, which
some may even avoid out of fears of being deported, 12 ultimately lead to increasing illness
concealment, and lower early detection and proper treatment, making the containment of this
pandemic much harder.
 

Global and UNHCR response

 
It's crucial to consider that pandemics, like the one we are currently facing, or any other diseases
more often than not take a higher toll on those populations that face particular challenges, such as
refugees, migrants, and the internally displaced.
 
The UN system mobilized its supply chains, assets, expertise, and capacities to support the response
to the COVID-19 pandemic, as it has done with previous important diseases like Ebola or Malaria. A
Global Humanitarian Response Plan (GHRP) was established, this program intended to contain
the spread of the COVID-19 pandemic and decrease the morbidity and mortality, also it contained
plans to decrease the deterioration of humans assets and rights, social cohesion, and livelihoods,
while having an especial emphasis on the protection, assistance, and advocacy for refugees,
internally displaced people and other vulnerable communities. 13
 
The COVID-19 pandemic, and other communicable diseases that are accompanying this one, have
strained the finances of governments, non-governmental organizations, and humanitarian agencies
that serve refugees. In an effort to offer support, the UNHCR has called for an extra $745 million as
part of the UN's revised $10.3bn appeal for COVID-19. 14 This will help UNHCR to further strengthen
national health and sanitation systems, provide vital protection services, and ramp up cash
assistance for the most vulnerable. Together with its partners, UNHCR is determined to stay the
course and deliver for refugees, internally displaced, stateless people, and their hosts, and ensure
their inclusion in public health responses and social safety nets.
12
Alemia, Qais., Stempel, Carl., Siddiq, Hafifa. “Refugees and COVID-19: achieving a comprehensive public health
response”. World Health Organization. Bulleting of the World Health Organization.
13
United Nations. “United Nations Comprehensive Response to COVID-19” United Nations. September 2020.
14
United Nations. “United Nations Comprehensive Response to COVID-19” United Nations. September 2020.
Future perspectives 
 
The COVID-19 pandemic has exposed systems of inequality and was met with delayed responses by
public health and security authorities to address the needs of the most vulnerable, leading to a
terrible control of the disease and an overall worsening of the living conditions of refugees.
However, this pandemic represents an opportunity to evaluate everything that has been done
regarding refugees and the disease containment and think about what must be done to ensure the
protection of refugees in a post-pandemic world.

There is an imminent need to pay more attention to the root causes of refugee flows, States must be
encouraged to share the responsibility for the protection of refugees. With the object of building a
better world, we must ensure to engage in actions intended to solve or minimize the causes of the
problems that we are facing, in this case, the many conflicts that are causing people to flee their
homes, thus becoming refugees. There's a need to promote actions that include a broad
commitment to ensure that all people, especially refugees, are protected during times of hardship
like this pandemic has been.

 
Timeline

1948- Exodus and huge displacement of Palestinians and Jews in Arab countries.

1951- Refugee Convention relating to the Status of Refugees.

1954- Convention relating to the Status of Stateless Persons.

1956- Hungarian Revolution leading to displacement of 200,000 people.

1965- International Convention on the Elimination of All Forms of Racial Discrimination.

1966- International Covenant on Economic, Social and Cultural Rights.

1966- International Covenant on Civil and Political Rights.

1967- Protocol Relating to the Status of Refugees.

1969- Organization of African Unity Convention Governing the Specific Aspects of Refugee
Problems in Africa.

1971- Bangladesh Liberation War and mass displacement of 10 million refugees. 

1978- Saigon to North Vietnam forces in 1975 and 3 million refugees relocated to Malaysia.

1979- Exodus of more than 6 million Afghans that fled to sites such as the Ghazi Refugee Village.

1979- Convention on the Elimination of All Forms of Discrimination Against Women.

1984- Cartagena Declaration.

1986- Displacement of Iraqi Kurds after the Iran–Iraq War from 1980 to 1988, the 1990 Iraqi
invasion of Kuwait, and the first Gulf War.

1990’s- Gulf War causing the exodus of 1.5 million Iraqi Kurds.

1990’s- War in the Balkans that displaced 3 million people.

1994- Rwanda Genocide leading to heavy displacement into neighboring countries such as DRC,
Tanzania.
1994- Arab Convention on Regulating Status of Refugees in the Arab Countries.

1999- Conflict between the Turkish Armed Forces and the Kurdish population from 1984 onwards.

2001- Asian and African countries adopted the revised Bangkok Principles on the status and
treatment of refugees.

2003- Iraq War generated millions of refugees.

2006- International Convention for the Protection of All Persons from Enforced Disappearance.

2011- Displacement caused by the Syrian Civil War.

2011- Libyan Civil War.

2012- Member States of the Organization of Islamic Cooperation adopted the Ashgabat Declaration.

2012- Displacement in the sectarian violence between Rohingya Muslims and Buddhists in Burma's
western Rakhine State. 

2014- Brazil Declaration and Plan of Action.

October 2017- League of Arab States adopted a new Arab Convention on refugees

2019- 167 countries across the world fully or partially closed their borders during the COVID-19
pandemic  

2019- Countries such as Italy and Malta closed their ports for refugees.

2019- Ongoing conflicts in the countries of the Middle East and North Africa (MENA) Yemen, Syria
and Libya makes it difficult to conduct large-scale regular testing for COVID-19.
Glossary of terms and definitions

Refugee: Someone who has been forced to flee his or her country because of persecution, war, or
violence. A refugee has a well-founded fear of persecution for reasons of race, religion, nationality,
political opinion, or membership in a particular social group. Most likely, they cannot return home
or are afraid to do so. War and ethnic, tribal, and religious violence are leading causes of refugees
fleeing their countries.

Internally displaced person (IDP): Someone who has been forced to flee their home but never
crosses an international border. These individuals seek safety anywhere they can find it—in nearby
towns, schools, settlements, internal camps, even forests, and fields. IDPs, which include people
displaced by internal strife and natural disasters. Unlike refugees, IDPs are not protected by
international law or eligible to receive many types of aid because they are legally under the
protection of their own government.

Stateless person: Someone who is not a citizen of any country. Citizenship is the legal bond
between a government and an individual, and allows for certain political, economic, social, and
other rights of the individual, as well as the responsibilities of both government and citizen. A
person can become stateless due to a variety of reasons, including sovereign, legal, technical, or
administrative decisions or oversights.

Asylum seeker: When people flee their own country and seek sanctuary in another country, they
apply for asylum – the right to be recognized as a refugee and receive legal protection and material
assistance. An asylum seeker must demonstrate that his or her fear of persecution in his or her
home country is well-founded.

International Refugee Organization: Organization established by the UN General Assembly in

1946. The Organization took over the tasks of the United Nations Relief and Rehabilitation Agency
(UNRRA). It received a temporary mandate to register, protect, resettle, and repatriate refugees.

United Nations High Commissioner for Refugees (UNHCR): In its resolution 319 A (IV) of 3
December 1949, the General Assembly decided to establish the Office of the United Nations High
Commissioner for Refugees. The Office was set up as a subsidiary organ of the General Assembly on
1 January 1951, initially for three years, that has now been established as a permanent organ.
The 1951 Convention relating to the Status of Refugees: The 1951 Convention, which was
drafted as a result of a recommendation by the newly established United Nations Commission on
Human Rights, was a landmark in setting standards for the treatment of refugees.

The 1951 Geneva Convention is the main international instrument of refugee law. The Convention
clearly spells out who a refugee is and the kind of legal protection, other assistance, and social
rights he or she should receive from the countries who have signed the document. The Convention
also defines a refugee's obligations to host governments and certain categories or people, such as
war criminals, who do not qualify for refugee status. The Convention was limited to protecting
mainly European refugees in the aftermath of World War II, but another document, the 1967
Protocol, expanded the scope of the Convention as the problem of displacement spread around the
world.
Main solutions/treaties proposed until now and their effectiveness

The 1951 Convention relating to the Status of Refugees and its 1967 Protocol are the core of
the international protection system, complemented by regional treaties and declarations that also
address the rights of refugees. But international refugee law does not operate in isolation. It is best
understood in conjunction with international human rights law, starting with the 1948 Universal
Declaration of Human Rights, and with international humanitarian law (the law of war).15

This broader international legal underpins the work of the Office of the United Nations High
Commissioner for Refugees (UNHCR). 15

The 1951 Convention relating to the Status of Refugees is the foundation of international
refugee law. It defines the term “refugee”, establishes the principle that refugees should not be
forcibly returned to a territory where their lives or freedom would be threatened and sets out the
duties of refugees and States’ responsibilities toward them. 15

The Convention was drawn up shortly after the Second World War, and its authors were focused on
refugee problems existing at that time. 15

The definition of a refugee contained in the 1951 Convention refers to persons who became
refugees as a result of events occurring before 1 January 1951, and States had to declare whether
they would apply that definition only to events that took place in Europe or also to events in other
parts of the world. As new refugee crises emerged around the globe during the 1950s and early
1960s, it became clear that the temporal and geographical scope of the 1951 Convention needed to
be widened. The 1967 Protocol to the Convention was adopted to do this. 15

The 1967 Protocol is independent of, though integrally related to, the 1951 Convention. The
Protocol removes the temporal and geographic limits found in the Convention. By acceding to the
Protocol, States agree to apply the core content of the 1951 Convention to all persons covered by
the Protocol’s refugee definition, without limitations of time or place. 15

15
UNHCR. “A guide to international refugee protection and building state asylum systems” UNHCR: The UN Refugee
Agency. Accessed September 17, 2020.
Most States have preferred to accede to both the Convention and the Protocol. In doing so, they
reaffirm that both treaties are central to the international refugee protection system.
The 1951 Convention and 1967 Protocol are the modern embodiment of the age-old institution of
asylum, their strength remains their universal and non-discriminatory character and the
fundamental values they reflect. 15

The 1951 Convention and 1967 Protocol were designed to assure refugees the widest possible
enjoyment of their rights. In order to respond to regional specificities, States in different parts of
the world have developed regional laws and standards that complement the international refugee
protection regime. 15

Africa: 1969 OAU Convention governing the Specific Aspects of Refugee Problems in Africa

The conflicts that accompanied the end of the colonial era in Africa produced a succession of large-
scale refugee movements. These population displacements prompted the drafting and adoption not
only of the 1967 Protocol, but also of the 1969 Organization of African Unity (OAU) Convention
Governing the Specific Aspects of Refugee Problems in Africa. 15

The 1969 OAU Convention confirms that the 1951 Convention is “the basic and universal
instrument relating to the status of refugees”. It adopts the refugee definition found in the 1951
Convention, but also expands it to include any person compelled to leave his or her country because
of “external aggression, occupation, foreign domination or events seriously disturbing public order
in either part or the whole of his [or her] country of origin or nationality”. 15

The OAU Convention makes other important points. It affirms that “the grant of asylum to refugees
is a peaceful and humanitarian act” that is not to be considered as an “unfriendly act” by any
Member State of the OAU (now the African Union), and it requires States parties to take appropriate
measure to lighten the burden of a State granting asylum “in a spirit of African solidarity and
international cooperation”. 15
Latin America: 1984 Cartagena Declaration

In 1984, a colloquium of government representatives and distinguished jurists was convened in

Cartagena, Colombia, to discuss refugee protection in Latin America. Inspired by the 1969 OAU
Convention, they adopted what is known as the Cartagena Declaration on Refugees. 15

The Declaration reaffirms the centrality of the 1951 Convention and its 1967 Protocol, the principle
of non‐refoulement, as well the importance of international cooperation to solve refugee problems.
It recommends that the definition of a refugee used throughout the region be enlarged beyond
persons who fulfil the 1951 Convention definition to include those who have fled their country
“because their lives, safety or freedom have been threatened by generalized violence, foreign
aggression, internal conflicts, massive violation of human rights or other circumstances which have
seriously disturbed public order”. 15

Although the Declaration is not a legally binding instrument, most Central and South American
countries apply its definition, and many have incorporated it into their legislation. The Organization
of American States (OAS), the UN General Assembly, and UNHCR’s Executive Committee have all
endorsed the Cartagena Declaration. 15

Since 1984, States in Central and Latin America have adopted three Declarations on the occasion of
important anniversaries of the Cartagena Declaration, including most recently, the 2014 Brazil
Declaration and Plan of Action. 15

Although the Cartagena Declaration is non-binding, by mid-2016 the enlarged refugee definition it
contains had been incorporated into national legislation in 14 States: Argentina, Belize, Bolivia,
Brazil, Chile, Colombia, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Paraguay, Peru and
Uruguay. Courts in Costa Rica and Ecuador respectively have ruled that the regional definition
forms part of national ordinances and that it should be included in the national legal framework. 15

Middle East and Asia:

There are no binding regional instruments addressing refugee law in the Middle East or Asia. In
1994, the Arab Convention on Regulating Status of Refugees in the Arab Countries was adopted
by the League of Arab States (LAS), but it never entered into force. In October 2017 the League of
Arab States adopted a new Arab Convention on refugees. 15

In 2001, Asian and African countries adopted the revised Bangkok Principles on the status and
treatment of refugees. Both the proposed Arab Convention and the Bangkok Principles use the
refugee definition contained in the 1969 OAU Refugee Convention. The Arab Convention extends it
further to persons fleeing disasters or other grave events disrupting public order. 15

In 2012, Member States of the Organization of Islamic Cooperation adopted the Ashgabat
Declaration at a ministerial conference in Turkmenistan. The Declaration recognizes that “over
fourteen centuries ago, Islam laid down the basis for granting refuge, which is now deeply
ingrained in Islamic faith, heritage and tradition”. The ministers also noted the “enduring value and
relevance in the twenty-first century” of the 1951 Convention and 1967 Protocol and “the
importance of respecting the principles and values that underlie these instruments”. 15

These non-binding documents are important but have not achieved the same prominence and legal
value as instruments in other regions. 15

Europe:

The most far-reaching regional developments have come from the European Union (EU), which in
1999 decided to create a common European asylum system based on the “full and inclusive
application of the Geneva Convention”. Since then, four key legislative instruments have been
adopted in original and revised versions. Each adds content to refugee law in an area not addressed
by the 1951 Convention. 15

These instruments concern temporary protection; the reception of asylum-seekers; qualification for
refugee status or “subsidiary protection” and the rights and status to which beneficiaries are
entitled; and standards for asylum procedures. In addition, the “Dublin III Regulation” sets out the
criteria for determining which EU Member State or other participating country is responsible for
examining an asylum application. To provide operational support, two EU agencies were
established: The European external borders agency Frontex in 2005 and the European Asylum
Support Office (EASO) in 2010. 15
The Charter of Fundamental Rights, adopted in 2007, has a status equal to that of the EU’s
founding treaties. It includes provisions on the right to asylum and protection from removal,
expulsion or extradition to a serious risk of being subject to the death penalty, torture or other
inhuman or degrading treatment or punishment. 15

The Court of Justice of the European Union (CJEU) has jurisdiction to interpret these EU asylum
instruments and to rule on any alleged infringements by Member States. Together with the
European Court of Human Rights of the Council of Europe, which has addressed asylum issues in
the context of the European Convention on Human Rights and Fundamental Freedoms, these courts
have significant influence on the wider development of international refugee law. 15

International human rights law

Like all people, asylum-seekers and refugees are protected by international human rights law. This
body of law extends to everyone within a State’s territory or under its authority or jurisdiction. 15

Refugees and asylum-seekers are thus entitled to two partially overlapping sets of rights: those
which States are obliged to respect, protect and fulfil under international human rights law, and the
specific rights of refugees.15

Under international human rights law, some guarantees, such as the prohibitions of torture and
slavery, cannot be restricted or suspended for any reason. Others may be derogated from under
specific conditions, such as to uphold public order or health or protect the rights of others.
Derogations must not be applied in a discriminatory manner, must be officially proclaimed and in
accordance with the law. 15

The Convention against Torture and the Convention on the Rights of the Child are human rights
instruments that provide important protections to asylum-seekers and refugees. 15
International humanitarian law

International humanitarian law, also known as the laws of war or of armed conflict, is a complex
field that predates human rights and refugee law. It seeks to limit the means and methods of
warfare and the effects of armed conflict on persons who are not or who are no longer participating
in it. A major part of international humanitarian law is contained in the four Geneva Conventions of
1949 and two Additional Protocols agreed in 1977. 15

According to international humanitarian law, persons who do not take part in the fighting, whether
they have been displaced or not, should be respected, protected against the effects of war, and
provided with impartial assistance. Since many refugees and displaced persons find themselves in
the midst of international or internal armed conflict, its principles can also help protect them. 15

International criminal law

International criminal law is designed to prohibit particularly egregious conduct. The Rome Statute
of the International Criminal Court, in force since 2002, provides that the International Criminal
Court (ICC) has jurisdiction over the core crimes of genocide, war crimes and crimes against
humanity, and contains details about what these crimes consist of. 15

For example, the Statute explicitly includes “rape, sexual slavery, enforced prostitution, forced
pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity” in the
definitions of crimes against humanity and war crimes. Similarly, judgements of the International
Tribunals for the former Yugoslavia and for Rwanda have confirmed that enslavement, rape,
torture, and genocide are crimes against humanity. The Rome Statute is thus relevant to
determining what are the criminal acts that could lead to someone being excluded from refugee
status. 15

UN General Assembly Resolutions and Declarations

Every year, the General Assembly considers a report on UNHCR’s work and adopts a resolution on
this subject. It has also adopted numerous resolutions on specific aspects of refugee protection,
such as unaccompanied refugee minors, human rights and mass exoduses, and the situation of
specific countries receiving large flows of refugees. 15

In September 2016, the General Assembly adopted the New York Declaration for Refugees and
Migrants and launched intergovernmental negotiations to reach a “global compact for safe, orderly
and regular migration”. Like the Universal Declaration of Human Rights adopted in 1948, the New
York Declaration is a political document. It puts refugees at the center of political attention and
encourages a broad, whole-of-society approach to refugee protection. 15

UNHCR Executive Committee Conclusions

The Executive Committee is UNHCR’s governing body. It meets in plenary session once each year to
discuss UNHCR’s work and adopts Conclusions by consensus. These Conclusions represent the
agreement of nearly 100 countries over many decades, and form an essential part of the
international refugee protection framework. 15

Governments, ministries and parliamentarians often consult Executive Committee Conclusions

when developing laws and policies. In addition, national and regional courts regularly refer to and
rely on them as “soft law” instruments that are persuasive and even authoritative sources on
matters of policy, legal practice and interpretation. 15

Executive Committee Conclusions thus represent collective international positions, including legal
expertise, on refugee matters. They help advance common understandings and to set standards in
many areas of refugee protection and solutions and are one way in which the international
protection regime is further developed. 15
Points a resolution should address

Which should be the place or role of international solidarity in the global refugee protection context
in the coming years?

What should be the role of global governance in the task of ensuring the “social rights” of refugees?

How can local and regional governments around the world develop strategies, both formal and
informal, for dealing with the direct consequences of the anti-refugee/immigrant laws, policies, and
practices that have been issued by their central governments?

How can more open and fairer refugee and immigration laws, policies, and practices be
implemented?

What are the socio-economic, political, and legal measures that should be implemented in order to
ensure refugee protection?

How can global mass communications be used against the anti-refugee discourses, policies? Social
media can constitute a helpful tool?

How should future pandemics be handled in the context of refugee settlements? What have we
learned from this pandemic?

Will refugee protection pose a significant fiscal pressure to governments dealing with an already
existing economic crisis? If so, then what kind of long term funding needs to be adopted to provide
support?

How can the international community coordinate amongst themselves in order to estimate the
damages caused to the refuges during the pandemic?

What kind of safety mechanisms need to be established to provide social protection to refugees in
times of a health crisis?
Will countries providing rehabilitation to refugees’ design policies to ensure that education of
children is not disrupted?

Furthermore, how can we improve the problems that have caused refugees to flee their countries?
What should be the role of the UN and the UNHCR in this mission?
Further reading

General Overview of the Functions of the Office of The United Nations High Commissioner For
Refugees.

Convention and Protocol Relating to the Status of Refugees.

The Practical Guide to Humanitarian Law.

Fact sheet: Human Rights and Refugees.

A guide to international refugee protection and building state asylum systems.

UNHCR: Global COVID-19 response.

 
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public health response”. World Health Organization. Bulleting of the World Health
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Freedman, Jane. “Grand Challenges: Refugees and Conflict”. Frontiers in Human Dynamics. Specialty
Grand Challenge Article. October 30, 2019.
https://www.frontiersin.org/articles/10.3389/fhumd.2019.00001/full
Hazra, Aditi. “COVID-19: Here´s how we can help refugees”. World Economic Forum. August 6,
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