ULUSLARARASI KAMU HUKUKU II

Grave human rights violations during and after the Second World War, as well as global population movements, put refugee law on the agenda of the United Nations.

I is a regional instrument regarding the status of refugees.

The term refugee refers to a person who, in
the general sense, escapes or tries to escape from
unbearable personal circumstances. The destination
of the person who escapes is generally not suitable
for that person. The reason for the escape is the
need for freedom or security.

According to the 1951 Convention, well-founded fear of being persecuted can be originated from the reasons of race, religion, nationality, membership of a particular social group or political opinion.

An asylum seeker refers to the person who has left his/her country of nationality, went to a third country and applied for asylum there.

Internally displaced persons may have been displaced for the same reasons as refugees; however, they remained in their own countries and are still subject to the law of that country.

Today, the only international legal instrument aiming at the legal status of internally displaced persons is the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention). The Kampala Convention contains the same definition as The Guiding Principles on Internal Displacement.

Immigrant is the name given to the person who has left his country of nationality and immigrated to another country for economic reasons in order
to achieve a better standard of living.Unlike those seeking asylum, immigrants continue to enjoy the protection of their State and voluntarily embark on
this journey. States that accept immigrants do not have responsibilities arising from a basic human right, as is the case with asylum.

According to the principle of non-refoulement, an asylum seeker cannot be returned to a country where his/her life and freedom are deemed to be endangered. If the person is facing persecution in the country in which he or she is forced to return, the obligation for government officials on the border not to refuse is an essential part of the principle of non-refoulement .

UNHCR (United Nations High Commissioner for Refugees) is the primary  international institution under the UN dealing with the refugee issue, but it is not the only one. UNRWA was set up as a subsidiary organ of the General Assembly,
to assist those who had left Palestine as a result of the conflict. The assistance is mainly in the fields of relief, health and education. Besides UNHCR and UNRWA, there are other international organizations founded outside the UN. The most common one of those organizations is the International Organization for Migration (IOM).

The Global Compact on Refugees aims to strengthen the international response to large movements of refugees under the guiding principles of humanity, international solidarity and burden and responsibility sharing. Its four key objectives are to ease the pressure on host countries, to enhance refugee self-reliance, to expand access to third-country solutions and to support conditions in countries of origin for return in safety and dignity. The correct answer is C.

After 18 months of extensive consultations with the UN Member States, experts, civil society and refugees, the UNHCR presented the Global Compact on Refugees as part of his 2018 annual report to the General Assembly. The Compact was affirmed by the member States of the UN General Assembly on December 17, 2018 in the annual resolution on the work of UNHCR. As the Compact is not an international treaty, it is not binding under international law for now. The correct answer is D.

Turkey and EU signed the Agreement on Readmission of Persons Residing without Authorization on 16 December 2013 and the Agreement entered into force on 1 October 2014. The primary purpose of the Readmission Agreement is to strengthen the co-operation between the parties in order to combat contemporary irregular immigration. The correct answer is C.

Due to the extent of the ongoing refugee crisis, Turkey and the EU reached an agreement and signed a Statement on March 18, 2016, including additional action points to the Readmission Agreement. According to this Statement, all new irregular migrants crossing from Turkey into Greek islands as from March 20, 2016 will be returned to Turkey. In return, for every Syrian being returned to Turkey from the Greek islands, another Syrian will be resettled from Turkey to the EU. Also, the fulfillment of the visa liberalization roadmap will be accelerated between all participating Member States to lift the visa requirements for Turkish citizens. The return of irregular migrants will take place in full accordance with international law, especially the principle of non-refoulement. THe correct answer is E.

Between January 1 and June 30, 2019, 37,100 refugees and migrants arrived via three Mediterranean routes from North Africa and Turkey. Most crossed the Eastern Mediterranean from Turkey. Arrivals in 2019 most commonly originated from Afghanistan, Morocco, Syria and Mali. The correct answer is B.

The rise of the number of migrants entering the EU by using the Eastern Mediterranean route from Turkey to Greece caused the signing of the Agreement between the EU and the Republic of Turkey on the Readmission of Persons Residing Without Authorization on December 16, 2013. It was followed by a Statement signed by the same States on March 18, 2016, including additional action points to the Readmission Agreement. The correct answer is C.

According to the 1951 Convention main elements of the refugee are alienage, well-founded fear of being persecuted and failure of state protection. These terms do not have any particular definition both in the 1951 Convention and 1967 Protocol. Therefore detailed information is given down below. The correct answer is E.

Immigrant is the name given to the person who has left his country of nationality and immigrated to another country for economic reasons in order to achieve a better standard of living. Unlike those seeking asylum, immigrants continue to enjoy the protection of their State and voluntarily embark on this journey. States that accept immigrants do not have responsibilities arising from a basic human right, as is the case with asylum. The correct answer is E.

Immigrant is the name given to the person who has left his country of nationality and immigrated to another country for economic reasons in order to achieve a better standard of living. Unlike those seeking asylum, immigrants continue to enjoy the protection of their State and voluntarily embark on this journey. States that accept immigrants do not have responsibilities arising from a basic human right, as is the case with asylum. The correct answer is D.

Following the Second World War, on December
10, 1948, the UN General Assembly adopted the
Universal Declaration of Human Rights. In this
document, which is the cornerstone of international
human rights law, the right to asylum is regulated
together with other human rights.
Subsequently, on July 28, 1951, the Convention
Relating to the Status of Refugees was adopted by
twenty-six States at the UN General Assembly and
entered into force on April 22, 1954. The 1951
Convention uses significant limitations when
defining the term “refugee.”
At the time when the 1951 Convention was
drafted, there was a desire by a number of States
not to assume obligations the extent of which could
not be foreseen. This desire led to the inclusion of
the temporal limitation clause that enabled States
to put the Convention into the effect for the events
occurred before 1 January 1951. In response to the
wish of certain Governments, the 1951 Convention
also gave to Contracting States the possibility of
limiting their obligations under the Convention
to persons who had become refugees as a result of
events occurring in Europe (Odman, 1995: 41).
Accordingly, the expression “events occurring
before January 1, 1951” primarily constituted a
temporal limitation; besides, a geographical
limitation has been regulated as” events occurring
in Europe” and “events occurring in Europe or
elsewhere”. More importantly, States Parties to the
1951 Convention have been given the authority
to make a declaration specifying which of these
meanings it would apply.

According to these, the phrase given in option E is wrong. Because the 1951 Convention Relating to the Status of Refugees has a "temporal limitation" concept for refugee status.