In the last two years world witnessed the biggest humanitarian and refugee crisis in the history of mankind. The civil war and violence by a radical militant group in Syria has led to a disgraceful humanitarian calamity with suffering and displacement unparalleled in recent history. About 4.8 million people flee from the country to take refuge in neighboring states1 for an untimed return to their land.But the frequentseries of violence and human rights violations in many parts of the worldhas generated more displacement situations and raised serious concern to relook into the international provisions for refugees and the political will of the world nations to cooperate and share burdens of such mass exodus. The changing nature of armed conflict and displacement has created serious angsts about “uncontrolled” migration, in this era of globalization wherein the protection of human rights
has to be realized largely. Asylum countries in many parts of the world are concerned about the lack of resolution of certain long-standing refugee problems, irregular migration, anapparent imbalance in burden- and responsibility-sharing amongst the states, and increasing costs of hosting refugees and asylum-seekers that need to be addressed.
According to the 1951 Convention relating to the Status of Refugees, a refugee is someone who has a well-founded fear of persecution because of his/her race, religion, nationality, membership in a particular social group, or political opinion; is outside his/her country of origin; and is unable or unwilling to avail him/herself of the protection of that country, or to return there, for fear of persecution.2 This definition was limited to include refugees as a result of events occurring in Europe or elsewhere before 1 January 1951. As new refugee crises emerged during the late 1950s and early 1960s, a Protocol to the Convention was drafted and adopted in the year 1967.
Further in 1984, a conference of Latin American government representatives and distinguished jurists adopted the Cartagena Declaration that defined refugees as “persons who flee their countries 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”.
These definitions makes it clear that granting asylum is a humanitarian act. Now the word “asylum” is not defined in international law; but it has become aparasol term for the total protection provided by a country to refugees on its territory. Asylum means, basic protection, i.e., no forcible return (refoulement) to the frontiers of territories where the refugee’s life or freedom would be threatened – for a temporary period, with the possibility of staying in the host country until a solution outside that country can be found.
The 1951 convention provides for two kinds of refugee categories namely- firstly, Mandate refugees are persons considered by UNHCR to be refugees according to its Statute or under the broader mandate given by the General Assembly. UNHCR’s determination of refugee status is not dependent upon the country of asylum being party to the Refugee Convention or Protocol. Secondly, Convention refugees are persons recognized as refugees by the authorities of States that have acceded to the Convention and Protocol. As such, they are entitled to claim the rights and benefits that those States have agreed to accord to refugees.
