The challenges to international protection of refugees.

Abstract

This thesis examines the contemporary challenges to the international protection of refugees. It argues that the protection regime faces a serious crisis in Europe and elsewhere. At the root of this problem lies the growing reluctance of Western States to accept those, who are in need of international protection, in their territories. This reluctance has resulted in the development of restrictive and deterrent policies towards refugees and asylum seekers. The introduction of safe third country notion, stringent visa requirements coupled with carrier sanctions and the strict application of the refugee definition have threatened to undermine the institution of refugee protection. The non-observance of state obligations under international law, such as the principle of non-refoulement, and the state concerns over the increase in illegal migration of people using the means of smugglers and traffickers have exacerbated the plight of refugees seeking asylum in the West, particularly in Europe. However, the controversy has remained, as the legal avenues blocked off, people fleeing persecutions within or out of the meaning of 1951 Convention Relating to the Status of Refugees, migrants have turned to use the servises of criminal trafficking and smuggling networks. The measures for combating and preventing illegal migration have failed to ensure protection of refugee rights and freedoms. Finally, the future policies on migration control should seek guarantees for refugees.