Chapter 5 is divided into two parts

SECTION ONE
Activities

Texts: Speech by António Guterres

The first section presents students with a speech delivered by the UN high Commissioner for Refugees on a visit to the Dadaab Refugee Camp in Kenya.

The speech talks about the ongoing large scale human displacement in East Africa, factors that lead to turmoil in third world countries and the emergence of economic refugees.

Guterres stresses the need for western countries must not only assist these people who have been displaced, but also but go to the root of the and better understand the "triggers of displacement".

The students are asked to analyse the speech and consider what are the main themes. The students should be encouraged to think about how western countries can fulfill some of the objectives laid down in Guterres' speech.

Imagining to be UNHCR Protection Officers, the students must decide whether the individuals in the following cases are eligible for refugee status. Divide the students into groups of three to five students to discuss the four cases. They should base their decisions on the definition of refugee outlined in Article 1 of the 1951 Geneva Convention on the Status of Refugees, which students have looked at in Chapter 1.

After the groups have had time to make their group decision, ask them to report their decisions to the entire class. If possible, you might want to have them consider whether or not their judgments would have been compatible with national law and European law. Tell them what the actual decisions most likely would have been:

Case 1:

Although Mr. H was not involved in guerilla activities, his neighbours still threatened him because he belongs to the minority ethnic group. In this case, his fear of persecution because of his ethnicity is well-founded. He is also in the unusual position of being persecuted by certain members of his own ethnic group for not supporting the independence movement. In other words, his political opinion (that is, not being involved at all) is at odds with others in his ethnic community. Again his fear of persecution on political grounds is well-founded. He should be recognized as a refugee.

Case 2:

Although the 1951 Convention does not specifically include gender-discrimination as grounds for refugee status, Ms. Q. should still be granted asylum. UNHCR considers a person who is fleeing severe discrimination or other inhumane treatment, amounting to persecution, to be eligible for refugee status. Ms. Q. is being persecuted for not conforming to strict social codes. Since the government is the source of her discrimination, Ms. Q. has no higher authority to appeal to for protection. In the spirit of the 1951 Convention, Ms Q. is a refugee.

Case 3:

Mr. C. should not be granted asylum. By killing prisoners of war, Mr. C. has committed a war crime (according to the 1949 Geneva Conventions). By committing a war crime, the exclusion clause applies to this case; under Article F(a) of the 1951 Convention on the Status of Refugees, he is a not eligible for refugee status. The Universal Declaration of Human Rights would also exclude extending protection to him because his actions are “contrary to the purposes and principles of the United Nations” (Article 14(2) of the Declaration).

Case 4:

Mr. R. should be recognised as a refugee. His actions were political in nature. However, one must also examine the crime he committed while escaping from prison. His crime was obviously serious. The next step is to strike a balance between the nature of the offence and the degree of persecution feared. To be still considered a refugee, the persecution feared must outweigh the seriousness of the offence. It appears that the crime was committed in order to escape persecution. With this in mind, the exclusion clause (Article F of the Convention) should not apply. He should be recognized as a refugee.