501. Stanford Working Group on Responding to Refugees
- Author:
- James C. Hathaway and Roland Hsu
- Publication Date:
- 03-2014
- Content Type:
- Working Paper
- Institution:
- Center for International Security and Cooperation (CISAC), Stanford University
- Abstract:
- As a matter of principle, the international community has agreed to a treaty-based rights regime designed to make refugees autonomous drivers of their own survival and future. Under international law, refugee status and rights accrue based on facts, not formalities. The interests of receiving states are addressed by the treaty's emphasis on incremental acquisition of rights as attachment increases; by a contingent rights structure; by rules addressing legitimate security concerns and the duties of refugees; and by the limitation of obligations to the duration of risk in the refugee's country of origin. In reality, and despite the treaty-based regime's focus on ensuring refugee self-reliance by the granting to them of rights focused on self-reliance, most of the world's refugees live either in camps where they have little if any autonomy or, if outside camps, face the ongoing risk of summary detention or deportation. More than 80% of refugees live in the less developed world and spend an average of nearly 20 years in a first country of refuge without access to either resettlement or the ability safely to repatriate. This discrepancy between principle and the reality for most refugees might be explained by conflicts with other priorities of receiving states; limitations on UNHCR's ability as an institution effectively to ensure compliance with treaty-based rules; and the absence of convincing evidence of refugees' net economic contributions to host societies.
- Topic:
- Human Rights, Human Welfare, and Treaties and Agreements