| dc.description.abstract | In the modern era, the European Refugee Crisis of the year 2015 shook the European
Union and drew the world’s attention towards refugees. Further, the news of the death
of a 3-year boy named Aylan Kurdi, in an attempt to reach from Syria to the Greek
Island of Kos, in a group of 23 members, strongly moved the global citizens. The
death of Aylan led to the opening doors of many European States for Syrian refugees.
Their vulnerability and their needs were recognized; accordingly, they were provided
protection, shelter, accommodation and means of livelihood. Ever since then, various
events like, wars, persecution, natural disasters and climatic change etc. is constantly
leading the inflow of refugees in Europe from its neighboring countries. The Principle
of non-refoulement, enshrined in the 1951 Refugee Convention provides protection to
the refugees. Protection against refoulement is the cornerstone of refugee Protection,
the principle is also a well established norm. The practice of the state to accept and
protect refugees rather than returning them to territories where there is a threat to their
life and freedom has taken the shape of customary law. The 1951 Refugee convention
and its 1967 Protocol, an United Nations multilateral treaty, defines the term refugees,
it lays down the rights of individual attaining asylum and the state’s responsibilities,
granting asylum, the convention also lays down who do not qualify as refugee. The
Convention is carved out of Article 14 of 1948 Universal Declaration of Human
Rights, which recognizes a person’s right to seek asylum against persecution, in
another country.
Ever since the approval of the convention on 28 July 1951 and its entering into force
on 22, April 1954, the principle of non-refoulement under the convention still stands
for refugee protection. So far, the convention has been updated once, known as the
1967 Protocol. The protocol removed the time bar and geographical location limits
within which a refugee would seek protection. Initially the 1951 convention only
protected European refugees displaced before 1 January 1951, specifically after World
War II.
The principle of Non-Refoulement, imbibed under Article 33(1) of the convention and
is the guiding principle for the refugee protection. However, the very safety of the
principles is under question. Over the years, since its establishment, the nature of the
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principle is weathering away; the principle has been metamorphosed both by the
refugees and the states to meet their own interests. The legal and administrative
measures adopted by the some states, in dealing with the asylum proceedings and their
shifting responsibility of considering asylum seekers, is leading to the refoulement of
refugees to their country of origin or to the other country, the state is risking both life
and freedom of refugees. At the same time, some refugees, in garb of the protection
provided under Article 33(1), are pushing themselves hard to enter European
Countries in the quest of job opportunities, standard of living and better life, by illegal
means, at the stake of their lives. All they aim is just to sneak into the country and rest
they will be protected under the principle. While most refugees move towards the host
countries to save their lives, many want to enter Europe for a decent life and jobs.
The protection of refugees under the principle of non-refoulement has always been
prioritized. Concerns have always been for the refugees, their safety and wellbeing.
However, on the other hand, many times the host countries have faced backlash by the
human rights watch on any loop of refugee protection. However not much concern has
been raised for the host countries who get equally affected by the sudden mass influx
of refugees. The refugee inflow affects the host countries on many parameters,
depending upon its being developed, developing or under-developed country. The
effect is also dependent upon its geographical location, or its area, its demography,
availability of resources etc. The mass influx of refugees in large numbers in the
European Union has caused tension on social, economic and national security. It has
led to the emergence of threat to national security, emergence of anti-immigrant
protests, dislike towards refugees, European States against each other on the issue of
burden sharing. Consequently, some European States have arrived at their closing door
policy for refugees. Having mentioned that, Europe’s closing door policy will not
provide them with much solution in fact; it will only lead to increase the anti-Europe
sentiments and gross violation of the principle of non-refoulement.
The principle of non-refoulement is being metamorphosed largely because of the
shortcoming and the developed ambiguity over the years, in The 1951 Refugee
Convention. Along with the issue of the host country, we also see the sufferings,
difficulties of the refugees moving towards the European Union. We see a gross
violation of the principle of non-refoulement by the European States, by refugees
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being pushed off-shore and pushed to the third world countries, razor-wire fencing on
the European border to make entry of refugees even harder, their rights to life, religion
and other rights being put at stake and they are left at the border refugee camps in an
uncertain future.
The first documented refugee movement began in the 17th Century when the French
left their country to escape religious persecution. After that, the movement of people
as refugees accelerated and ever since then people leave their country of origin owing
to wars, persecution, on the basis of sex, religion, having different political opinions
and several other grounds. Moreover, with the passing of time and emerging new
issues and changing climates and other factors, the refugee crisis is becoming a
common phenomenon across the world. The very term “Refugee” was first coined in
France from the French word “Refugie`” meaning, ‘hiding place.’
The refugees got its first modern definition in the League of Nations, in the year, 1921,
after the end of World War II. Post that the 1951 Refugee Convention for the Status
of Refugee and its 1967 Protocol gave a more concrete definition of Refugees and
directly protected under the principle of non-refoulement. The convention was made
for the protection of refugees. It defines refugees as someone who is unable or
unwilling to return to their country of origin owing to a well-founded fear of being
persecuted for reasons of race, religion, nationality, membership of a particular
social group, or political opinion. The convention provided international protection to
refugees Under Article 33 the Principle of non-refoulement. Article 33 of the
convention states that, no person shall be returned to a palace where his life is under
threat. Refugees are forced to move out of their country for several reasons, some
includes, for the safety of their and their family’s life, movement in search of better
life, job opportunities people also move out owing to reasons of invasion, armed
conflict, post war agreements, ethnic and tribal conflicts etc.
If we look at the contemporary European Union crisis, 2015, we see that Europe
initially unprepared to manage the refugee crisis and hence, suffered in every aspect.
Countries like Sweden, Poland, Czech Republic, and Germany witnessed a major
adverse effect. Subsequently, clashes between the natives and the refugees are in
constant increase. In addition, there is a sudden change in the attitude of the host
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country towards refugees. The present research is an attempt to study as to what has
led to this change in attitude, what could be the consequences of the change, should
the European Union close its doors for refugees by modification in their policies. Or
should the European Union member states be left to struggle with the burden sharing
issues and bitter their relationship, or would forcing the European Union member state
to host refugees can be a solution to the crisis. On the other hand, is there a need for a
new method to deal with the refugee crisis in Europe?
Further, in the research we see the different kinds of refugees around the world. The
major countries from where the majority of refugees come to the European Union and
the European Countries where the majority of these refugees move. To understand the
refugee issue better, the history of global refugee crisis has been dealt with to
understand the nature of refugee crisis around and how, has the principle existed and
states abided by the principle and gave shelter to refugees, even without its former
definition and incorporation under Article 33 of the Refugee Convention. The chapter
has been divided in three phases: the Refugee Crisis prior to the 1951 Convention;
post the convention and the refugee crisis of the 21st Century. Further the research deal
with the European Refugee Crisis in details, the reason for the crisis.
The research work further deals with refugee protection under International Law and
European Law. How the legal framework for the protection of refugees gradually
evolved over the years to give the 1951 of Refugee Convention. What are the laws that
protect the refugees at the International Level and what laws protect the refugees
within the European Union. Since the establishment of the League of Nations for the
welfare of the refugees until the recent policy, “The New Migrant Return Policy”,
introduced in the month of September 2020 we have seen multiple legal frameworks
being laid down one after the other, however the refugee issue remains. Thus, further
the research work analyzes the effectiveness of the 1951 convention, whether the
rights of the refugee and the natives are effectively balanced.
The research work closely analyzes the Reasons, issues, Impact and the current
scenario of the European Union. The research analyzes the effect of the crisis on the
European Union, both the positive and negative impact of the crisis. Why are they closing their doors and will the closing of the door will solve the issue. What is the
status of European Refugees in Europe according to the World report of 2023.
The present research also analyzes the shortcomings in the 1951 convention, how there
is a misuse of the principle of Non-Refoulement, granted under Article 33. There is a
viable metamorphosis in the principle of non-refoulement. How the shortcomings in
the convention and no upgradation over eight decades is adversely affecting some of
the human rights of both the refugees as well as the natives.
With Britain splitting and the Euro-hostile parties on the verge of rising in the
countries, we see the whole fabric of the European Union under a close threat. Further
closing doors for these refugees will increase the antagonism, alienation and anti-
western sentiments towards the European Union further leading to an increase of the
Principle of non-refoulement, further threatening its existence. The European Union
will be violating its obligations by leaving these refugees to bear the pains. If they are
left alone, it will increase their risk of falling prey to extremist recruiters. The point
here is that, if the European Union opens its doors for refugees or if it closes its doors,
in either cases, Europe Will be troubled and a mere introduction of a legal framework
cannot be the new age solution to the existing or the upcoming refugee crisis.
The research work illustrates the judicial discourse to understand what has been the
stand of the ECtHR on various refugee related issues involving Principle of non-
refoulement. By judicial discourse we understand that where the court is inclined for
the protection of refugees and people in need of International protection, in recent
times the court in several cases acknowledges that the adoption of restrictive measures
for public safety and national security is the State’s desecration. | en_US |
