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Prima facie status jako možné řešení hromadného přílivu uprchlíků / Prima Facie Status as a Possible Solution for Mass Influx of RefugeesRadová, Kateřina January 2018 (has links)
This thesis addresses the topic of mass influx of refugees and its possible solutions. It examines the concept of prima facie refugee status determination in group situations, which is plentifully used in states of the economic South as a solution to mass influx of refugees. Despite its ample use, it is not entirely clear what can be understood by it. A better way to tackle mass influxes of refugees is sought here in response to the European migration "crisis" which has shed light on the unpreparedness of the Common European Asylum System for a large scale influx. The prima facie refugee status determination is put here as an opposite to individualized refugee status determination, which is assumed by the western doctrine and practice to be the only possible way of determining refugee status under the 1951 Convention. Even though individualized refugee status determination may be an appropriate tool in times of relatively low number of refugees, as it has been the case for a long time at the European continent, it may be different in situations of mass influx of refugees. Such individualized refugee status determination is very costly and lengthy procedure and as such not very suitable for situation of mass influx of refugees. To answer the question of whether the prima facie refugee status...
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Protecting Eritrean refugees' access to basic human rights in Ethiopia: an analysis of Ethiopian refugee lawMubanga, Christopher Kapangalwendo January 2017 (has links)
Eritrean refugees are compelled to flee their country mainly to avoid forced conscription into indefinite military service, arbitrary arrest and detention for prolonged periods without trial. The majority of Eritrean refugees are young people, who leave their country in search of a better life and sources of livelihoods. The mass migration of Eritrean refugees has started to have adverse effects on the country’s socio-economic landscape. The main destination and country of refuge for the majority of Eritrean refugees is Ethiopia.
Although no serious violations of human rights have been reported among Eritrean refugees living in Ethiopia, it a well-known fact that the Ethiopian Government has not fully extended the internationally accepted rights of those who have been forced to flee their own states, to refugees. For example, freedom of movement for refugees is restricted, which is obviously compounded by the encampment policy, which requires that all refugees should be confined to designated refugee camps. This situation seriously undermines the UNHCR’s efforts to enhance refugees’ self-reliance, independence, and chances of local integration.
There has not been much research undertaken regarding the Ethiopian Government’s legal framework on refugees and its impact on the protection of the rights of refugees. In 2014, Ethiopia hosted the largest number of refugees in Africa. This phenomenon was largely attributed to the Ethiopian Government’s ‘open door’ policy towards refugees. The present study is an attempt to critically examine Ethiopian refugee law and determine the extent to which the national laws protect the rights of refugees. Although the study is limited in scope to the situation of Eritrean refugees, the principles and standards of treatment discussed apply to all refugees living in Ethiopia. / Public, Constitutional and International Law / LL. M.
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