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The Refugee Concept in Group Situations


ISBN13: 9789041112286
ISBN: 9041112286
Published: August 1999
Publisher: Brill Academic Publishers
Format: Hardback
Price: £233.00



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One of the achievements of the present century has been the collective definition by the international community of a body of legal principles for the treatment of refugees. As the century draws to a close, however, the application of these principles is beset with increasing difficulties due to the magnitude and complexity of the refugee problem. Some of these difficulties arise when a refugee problem needs to be addressed in a group context, which is frequently the case in refugee situations resulting from violence, internal conflict and the widespread disregard of human rights.;The purpose here is to describe and analyze the techniques and mechanisms applied by the international community in dealing with group refugee situations during the period from 1921 to 1985, when more restrictive perceptions of the refugee problem began to develop. The point of departure is that there is an essential difference in the approach adopted according to whether refugee character is determined individually or on a group basis. A description is given of selected group refugee situations in Africa, Asia, Central America and Europe, from the standpoint of the applicability of the refugee definitions in the UNHCR Statute (1950) and the 1951 United Nations Refugee Convention.;Solutions for problems arising in more recent group refugee situations, notably those resulting from violence, internal conflict or the widespread disregard of human rights, despite their magnitude and complexity, should be sought within the general context of the 1950/51 definitions. The emergence of new situations should not lead to a redefinition of the refugee concept itself, in the light of the particular problem being addressed. This is of essential importance in order to avoid the very real danger of a fragmentation and erosion of the single and comprehensive refugee concept.

Contents:
Introduction: General Description of the Problem of Group Determination of Refugee Status and its Current Relevance. Part I: From the League of Nations to the Adoption of the UNHCR Statute (1950) and the United Nations Refugee Convention (1951). I. The Refugee Concept as Applied in Group Situations Prior to World War II in the Practice of the League of Nations. II. The Applications of the Refugee Concept in Group Situations under the Constitution of the International Refugee Organization (IRO) (1947-1951). III. Development of the Refugee Definitions in the 1950 UNHCR Statute and in the 1951 Refugee Convention. IV. Conclusions Regarding the Development of the Refugee Definition 1921-1951. Part II: From the Adoption of the 1950 UNHCR Statute and the 1951 United Nations Refugee Convention to 1975. V. Application of the Refugee Concept in Various Group Situations in the Period 1951-1961. VI. Application of the Refugee Concept in Group Situations in the Period 1961-1975. VII. 'Special Operations' and Development of the 'Externally Displaced Persons' Concept in the Period up to 1975. VIII. Conclusions Regarding the Development of the Refugee Concept in Group Refugee Situations in the Period 1951-1975. Part III: From 1975 to the Introduction of More Restrictive Interpretations of the Refugee Notion as from 1985. IX. Application of the Refugee Concept in Various Group Situations in the Period 1975-1985. X. Externally Displaced Persons: Development of the Concept After 1975. XI. Conclusion (No.
22 (XXXII) of the UNHCR Executive Committee on Protection of Asylum Seekers in Situations of Large-Scale Influx (Thirty-Second Session in 1981). XII. Conclusions Regarding the Application of the Refugee Concept in Group Situations, 1975-1985. XIII. General Conclusions: Past Practice as a Guide to Current Problems of Group Refugee Character. XIV. Selected Bibliography.