ROLE OF INTERNATIONAL ORGANIZATIONS IN ADVANCING THE RIGHTS OF

REFUGEES & ASYLUM SEEKERS

A SYNOPSIS SUBMITTED TO GURU GOBIND SINGH INDRAPRASTHA

UNIVERTY, DELHI IN PARTIAL FULFILMENT OF THE REQUIREMENT FOR
THE DEGREE OF BACHELOR OF LAWS

By

AMAN

SHARMA

ENROLLMENT NO. - 00814703820

SCHOOL OF LAW

MAHARAJA AGRASEN INSTITUTE OF MANAGEMENT

STUDIES BATCH 2020-2025

1
 TABLE OF

CONTENTS

SYNOPSIS

S.NO. CONTENTS PAGE NO.

1. INTRODUCTION 3-4

2. SCOPE OF THE STUDY 4-6

3. STATEMENT OF PROBLEM 6

4. AIMS AND OBJECTIVE 6-7

5. RESEARCH QUESTION 7

6. HYPOTHESIS 7

7. RESEARCH METHODOLOGY 8

8. LITERATURE REVIEW 8-10

9. TENTATIVE CHAPTERIZATION 11

10. BIBLOGRAPHY

2
 INTRODUCTION

“Everyone has the right to seek and to enjoy in other countries asylum from persecution.”

-Universal Declaration of Human Rights, Article 14(1)

The title for the proposed Research is “ROLE OF INTERNATIONAL ORGANIZATIONS IN

ADVANCING THE RIGHTS OF REFUGEES & ASYLUM SEEKERS”. The refugee crisis and
asylum seekers face various challenges, including displacement, persecution, and human rights
violations. Exploring international legal frameworks provides insights into how to safeguard their
rights and ensure their well-being. For States have been granting protection to individuals and
groups fleeing persecution for centuries; however, the modern refugee regime is largely the
product of the second half of the twentieth century. Like international human rights law, modern
refugee law has its origins in the aftermath of World War II as well as the refugee crises of the
interwar years that preceded it. Article 14(1) of the Universal Declaration of Human
Rights (UDHR), which was adopted in 1948, guarantees the right to seek and enjoy asylum in
other countries.1 The controlling international convention on refugee law is the 1951 Convention
relating to the Status of Refugees (1951 Convention) and its 1967 Optional Protocol relating to
the Status of Refugees (1967 Optional Protocol). The 1951 Convention establishes the definition
of a refugee as well as the principle of non-refoulement and the rights afforded to those granted
refugee status.2 Although the 1951 Convention definition remains the dominant definition,
regional human rights treaties have since modified the definition of a refugee in response to
displacement crises not covered by the 1951 Convention.

The refugee crisis represents one of the most pressing humanitarian challenges of our time.
Millions of people are displaced due to conflicts, persecution, and other forms of violence.
Understanding the legal frameworks governing refugee protection is essential to ensure the
safety and well-being of vulnerable populations. International law sets forth obligations for
states to

1
Israel Gaza Crisis, available at: https://www.un.org/en/documents/udhr ( last visited on 28 July, 2024)
3
2
Editorial, “The global refugee protection regime is broken” Indian Express, August 28, 2024

4
 protect and assist refugees and asylum seekers. Reason behind choosing this topic is that
studying international legal frameworks for refugee crises and asylum seekers has practical
implications for advocacy, policy development, and humanitarian action. It empowers
stakeholders with knowledge to advocate for legal reforms, promote human rights, and improve
protection mechanisms for refugees and asylum seekers. The research will tend to highlights the
rights of asylum seekers and refugees and challenges in providing adequate reception and
support for asylum seekers and refugees.

Key legal instruments such as the 1951 Refugee Convention and its 1967 Protocol outline the
rights of refugees and the responsibilities of states in providing them with protection. Examining
these legal frameworks helps ensure compliance and accountability among states. Refugees and
asylum seekers are entitled to certain fundamental human rights, including the right to seek
asylum, protection against refoulement, and access to essential services such as healthcare and
education.3 Understanding the legal foundations of these rights is crucial for advocating for their
protection and ensuring their fulfillment. Addressing refugee crises requires cooperation among
states, international organizations, and non-governmental actors. Legal frameworks provide the
basis for collaboration in providing protection, assistance, and durable solutions for refugees and
asylum seekers. Analyzing these frameworks helps identify areas for enhanced cooperation and
coordination.

SCOPE OF THE STUDY

 Analyze International Legal Frameworks: Assess the effectiveness of treaties like the 1951
Refugee Convention and its 1967 Protocol, and how these frameworks shape the rights and
protections of refugees and asylum seekers.

 Evaluate the Role of International Organizations: Explore how international bodies like the
UNHCR facilitate cooperation among states, advocate for refugee rights, and provide humanitarian
support.

 Identify Challenges and Gaps: Focus on shortcomings in the implementation and enforcement
of legal frameworks, variations in their interpretation across different regions, and challenges faced
in providing adequate support.

 Provide Recommendations: Based on the analysis, suggest ways to enhance legal frameworks,
improve international cooperation, and address gaps to strengthen refugee protection globally.
5
 STATEMENT OF PROBLEM

The international legal frameworks governing refugee crises and asylum seekers have been
subject to extensive scrutiny and debate due to their perceived shortcomings in adequately
addressing the complex challenges faced by displaced populations. Despite the existence of
established legal instruments such as the 1951 Refugee Convention and its 1967 Protocol,
numerous issues persist regarding the protection and rights of refugees and asylum seekers.

RESEARCH OBJECTIVE

1. Assess the extent to which international legal frameworks adequately protect the rights and
well-being of refugees and asylum seekers across different regions and jurisdictions.

2. Identify challenges and gaps in the implementation and enforcement of these legal
frameworks, including variations in interpretation, compliance, and accountability among
member states.

3. Provide recommendations for strengthening international legal frameworks and improving

the overall response to the refugee crisis, with a focus on ensuring greater consistency,
fairness, and protection for refugees and asylum seekers worldwide.

4. Investigate the role and responsibilities of key international actors, including states,
international organizations, non-governmental organizations, and civil society, in
implementing and enforcing these legal frameworks.

6
5. Examine the impact of regional and bilateral agreements on refugee protection and
asylum policies, and their compatibility with broader international legal standards and
principles.

6. Analyze recent developments and emerging trends in the field of refugee protection,
including legal interpretations, and challenges posed by new forms of displacement.

RESEARCH QUESTIONS

1. How do International legal frameworks address the specific needs and vulnerabilities of
different categories of displaced populations, such as unaccompanied minors, women,
LGBTQ+ individuals, and persons with disabilities?

2. What are challenges and gaps in the implementation and enforcement of these legal
frameworks?

3. How the state of development of the right of refugees to education can fully ensure the
enjoyment of this right to all refugees and asylum-seekers?

4. How have recent developments in international law impacted the legal landscape for refugees
and asylum seekers?

HYPOTHESIS

By “monitoring and reporting on the implementation of international legal instruments such as

the Refugee Convention and its protocols, international organizations contribute to strengthening
the legal framework for refugee protection and accountability for violations of refugee rights.”

7
 RESEARCH METHODOLOGY

The research work is conducted through Doctrinal research by relying upon secondary sources
involving analysis of the identified legal sources to understand the principles, rights, and
obligations established by international legal frameworks for refugee crises and asylum seekers.
This research will utilize legal analysis, literature review, case studies, and analysis of relevant
international legal documents and scholarly works. This research follows analysis of the
implications of the international legal framework for the protection of refugees and asylum
seekers, including gaps or areas for improvement in international legal frameworks through legal
texts, treaties & case laws.

LITERATURE REVIEW

“The Rights of Refugees under International Law”4 is an book by James C. Hathaway, where
it discuss sources of universal rights of refugees i.e, general standards of international human
rights law, and the Refugee Convention itself. He examines various aspects of refugee law,
including the definition of a refugee, the principle of non-refoulement (which prohibits the
forced return of

3
Betts, Alexander and Collier, Paul, Refuge: Rethinking Refugee Policy in a Changing World. (Oxford: Oxford
University Press, 2017
4
Hathaway, James C, Rights of Refugees Under International Law,( Cambridge University Press, Cambridge,2nd
ed., 173–311, 2021.)

8
refugees to a country where they face persecution), the rights of refugees to seek asylum, and the
obligations of states towards refugees. Throughout the book, Hathaway discusses key legal
principles and landmark cases that have shaped the field of refugee law. This book delves into the
development of refugee law from its roots in international human rights law and international
humanitarian law.

“Understanding the global refugee crisis: managerial consequences and policy

implications”5 is an artice by Chris Brewster where it discuss comprehensive exploration of the
asylum seeker experience, shedding light on the complex challenges faced by individuals fleeing
persecution, conflict, and violence around the world and also it explores the role of governments,
international organizations, and civil society in addressing the root causes of forced migration
and advancing global solutions to refugee protection.

"The Refugee in International Law"6 is a book by Guy S. Goodwin-Gill which provides a

comprehensive analysis of the legal definition of a refugee and the international legal framework
governing refugee protection. It discusses key legal instruments, principles, and challenges in the
interpretation and application of refugee law.

“Living a frozen life: a study on asylum seekers’ experiences”7 is an artice by Henrik

Eriksson where it discuss experiences of asylum seekers and how they manage their mental
wellbeing while living at accommodation centers in Sweden. This article offers new insights into
the everyday challenges that asylum seekers at accommodation centers face. He also discuss both
challenges and strengths In order to enable sustainable and empowering support, mental health
and psychosocial support services to asylum seekers and further policy work needs to be done to
enable faster asylum processes

“Governance of the Global Refugee Regimes& Asylum” 8 is an article by Alexander Betts and
James Milner where he argue that the global refugee regime, distinct from its component

5
Chris Brewster, “Understanding the global refugee crisis: managerial consequences and policy implications” Vol.
34, No. 4 Journal of Academy of Management (2020)
6
Guy S. Goodwin-Gill, The Refugee in International Law (Oxford University press, 3rd edn., 2007)
7
Henrik Eriksson, “Living a frozen life: a study on asylum seekers’ experiences” Springer Nature, Conflict and
Health volume 16, Article number: 47 (2023)
8
Alexander Betts and James Milner,” Governance of the Global Refugee Regime: “World Refugee Council
Research Paper Series” Research Paper No. 13, (May 2022)

9
organizations, lacks a clearly defined system of governance also he propose enhanced
governance arrangements for the global refugee regime that would contribute to enhanced
protection and solutions for refugees and asylum seekers.

10
 CHAPTERIZATION

Chapter I: Introduction

This section defines the term refugee crisis and asylum seekers. It examines the Global overview
of refugee flows and trends and importance of addressing refugee crises. It also focus on
Historical Evolution of International Refugee Law and Asylum Law.

Chapter II: International Legal Instruments & Rights for Asylum Seekers and Refugees
under International law

This chapter analyse the major international treaties and conventions with analysis of the 1951
Refugee Convention and its Protocol. It also includes overview of major international treaties
and conventions related to asylum and analysis of the Universal Declaration of Human Rights
and its relevance to asylum seekers. It also focuses on protection of Refugee Rights and asylum
seekers and what are rights given to them under the International law and examine the
challenges in

11
ensuring protection of refugee rights and challenges in asylum procedures and decision-making
processes.

Chapter III: Role of International organizations in Asylum and Refugee protection

This chapter will examine the multifaceted role of international organizations in asylum and
refugee protection. It will delve into their mandates, functions, and mechanisms aimed at
addressing the needs of displaced populations, as well as the challenges they encounter in
fulfilling their responsibilities. It also explain how international organizations play a crucial role
in asylum and refugee protection by providing assistance, advocating for rights, facilitating
cooperation among nations, and setting standards and guidelines for refugee protection. This will
explore the multifaceted roles of international organizations in addressing the needs and rights of
asylum seekers and refugees, highlighting the contributions of such organizations.

Chapter IV: Criticisms and Gaps in International Legal Frameworks for refugee crisis and
asylum seekers.

This chapter includes Gaps and shortcomings in existing frameworks and Issues of
implementation and enforcement of legal framework for refugee crisis and asylum seekers. It
includes comparative analysis between the signatory and the non-signatory of the protocols
based on the refugee law. It also includes challenges in providing adequate reception and support
for asylum seekers and refugees.

Chapter V: Comparative analysis of countries with asylum law and countries without
analysis.

This chapter examines the differences between countries with established asylum laws and those
without such frameworks. Countries with asylum laws, like Germany, United Kingdom and
Canada, provide legal protections and support for refugees, although they face challenges in
handling large refugee populations. In contrast, countries without formal asylum systems often

12
leave refugees due to their political interests and well as due to fear of destruction of their current
societal structure. This analysis highlights the demographic impact and predicts that, while
countries with laws may face future policy shifts, international pressure may push others to adopt
stronger protections. It also takes analytical approach towards the Indian policies towards the
asylum seekers by taking in account of the current scenario in the Indian subcontinent.

Chapter VI: Conclusion and Recommendations

The final chapter summarizes key findings and insights. It also includes recommendations for
strengthening international legal frameworks for asylum seekers and refugee crisis and future
prospects for addressing the refugee crisis and protecting asylum seekers.

13
BIBLOGRAPHY

 Dr. S.K. Kapoor,”(International Law & Human Rights)” 22 edition. Allahabad: Central
Law Agency,(2020)
 Editorial,” The global refugee protection regime is broken. Here’s how to fix it” Indian
Express, Aug 13, 2024 avaiable at:
https://indianexpress.com/article/opinion/web-edits/the- global-refugee-protection-regime
 Protecting Refugee available at: https://www.unhcr.org/media/refugee-protection (last visited on
July 28, 2024)
 The Egypt Syrian Crisis, available at: www.e-ir.info/2023/04/27/egypt-and-the-syrian-
refugee- crisis
 The New Humanitarian, International Legal Framework. Retrieved from
www.thenewhumanitarian.org:https://deeply.thenewhumanitarian.org/refugees/background/i
nternational-legal-framework.

14