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

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 TABLE OF CONTENTS

SYNOPSIS

S.NO. CONTENTS PAGE NO.

1. INTRODUCTION 3-4

2. LITERATURE REVIEW 4-6

3. STATEMENT OF PROBLEM 6

4. RESEARCH OBJECTIVE 6-7

5. RESEARCH QUESTIONS 7

6. HYPOTHESIS 7

7. RESEARCH METHODOLOGY 8

8. CHAPTERIZATION 8-10

9. REFERENCES 11

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 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)
2 Editorial, “The global refugee protection regime is broken” Indian Express, August 28, 2024

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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.

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

3Betts, 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.)

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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)

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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.

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.

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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.

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 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.

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

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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

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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.

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REFERENCES

• 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.

• 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

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