ULUSLARARASI KAMU HUKUKU II

Turkey joined the 1967 Protocol by the Council of Ministers Decision dated July 1, 1968, numbered 6/10266. Turkey has maintained its declaration about the geographical limitation. So, the correct answer is B.

The OAU Convention is the first regional legal instrument
governing refugee protection. It enacted on
September 10, 1969 and entered into force on
June 20, 1974. So, the correct answer is given in option C.

Article 14 of the Universal Declaration of
Human Rights grounds the basis of refugee
law by recognizing the right of persons to seek
asylum from persecution in other countries. so, the correct answer is A.

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. Namely, the correct answer is B.

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. The acts of persecution do not have to be carried out by the State officials; actions of non-state actors may also cause fear of persecution. So, gender factor is not one of these reasons.

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. According to this, the correct answer is given in option D.

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. Therefore, the correct answer is given in option C.

Article 33 of the 1951 Convention contains
the principle of non-refoulement which may not
be the subject of a reservation and is required to
be applied in emergency situations and to include
every individual who fits the definition in Article
1/A of the Convention. So, the correct answer is given in B.

The cessation clauses regulated in the 1951
Convention can be categorized into four sets of
circumstances in which refugee status may be
lost. These are, voluntary acts of the individual,
change of circumstances, protection accorded
by international agencies and criminals or other
undeserving cases. As we have seen, option E is not one of them.

The major milestones for the refugee law are the Second World War and the emergence of the conflict in Syria in 2011. The first one shapes the general framework of the refugee law and differs over time. The second one tests the systematic functions of refugee law and brought up new dimensions.

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.

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”.

The education criterion is not included in the refugee definition in the 1951 Refugee Convention.

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.

The principle of non-refoulement is not absolute. The exception is regulated in the second paragraph of Article 33 of the 1951 Convention.

The UN General Assembly established the High Commissioner for Refugees on December 14, 1950.

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.

As the Compact is not an international treaty, it is not binding under international law for now.

The main objective of the Agreement is the transfer and admission of persons who have been found illegally entering, being present in or residing in the contracting parties.

The OAU Convention is the first regional legal instrument governing refugee protection.