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European Series EUROPEAN SERIES Volume 4 – No 2 – 1998/07 NGO manual on international and regional instruments concerning refugees and human rights United Nations High Commissioner for Refugees Geneva July 1998 Part 1 16/11/02 15:38 Page i FOREWORD hroughout the present decade, UNHCR has increasingly recognised the Timportant interlinkages between refugee protection, the prevention of refugee flows and the protection and promotion of human rights. This has led to a heightened awareness of the usefulness of the international framework for the protection of human rights for preventing the causes of displacement and, indeed, for protecting refugees. UNHCR’s interest in and involvement with human rights information, standards and mechanisms has been growing accordingly. At the same time, as the High Commissioner has repeatedly made clear when speaking on this issue, the mandate of UNHCR and the mandates of human rights organisations are separate and distinct, and must not be confused. During the same time period when this development was taking place, UNHCR, at the request of the General Assembly, facilitated dialogue between states in the Commonwealth of Independent States, including, in May 1996, the convening, along with several partners, of the Regional Conference to Address the Problems of Refugees, Displaced Persons, Other Forms of Involuntary Displacement and Returnees in the Commonwealth of Independent States and Relevant Neighbouring States. The Regional Conference produced a Programme of Action designed to better manage the existing population displacement flows in the CIS countries, for the purposes of preventing further involuntary displacement and helping the victims of such displacement. The principles upon which the framework for action is predicated focus, to a great extent, on human rights. The present Manual brings together these two initiatives in a single document. Designed primarily for use by non-governmental organisations and practitioners in the countries of the CIS, the Manual is intended as a practical guide to existing international and European standards and mechanisms for the protection and promotion of human rights, particularly as these relate to refugees and the displaced. It has several objectives, perhaps the foremost being to raise awareness about these standards and mechanisms. The Manual also aims to show NGOs how to advocate for the important rights of the involuntarily displaced and to improve networking between organisations. Despite its specific focus on the CIS, the Manual is nonetheless broad enough in scope to be useful in other parts of Europe as well. The Manual is divided, for ease of use, into three parts. First, it sets the scene by providing overviews of the population movements in the CIS countries and the CIS Conference and Programme of Action, and describes the categories of persons affected. Second, it summarises the main relevant international and regional human rights standards and mechanisms, and describes how they may be used. Third, it discusses, in a series of articles, a few specific human rights issues of particular concern to refugees and the displaced in the CIS, such as the principle of non- –i– Part 1 16/11/02 15:38 Page ii Foreword refoulement, freedom of movement, the right to non-discrimination and the right to a nationality. Each article or section can stand on its own, for self or group study. The Manual also contains a glossary of terms, a selected bibliography and a guide to relevant international organisations and contact persons. An editorial panel was established to organise and finalise the Manual. The panel was comprised of the authors of the various chapters, primarily NGOs, but in some cases international or regional organisations. Although all articles in the Manual were reviewed and commented upon by members of the editorial panel, the articles remain the sole responsibility of the individual authors. They do not reflect a consensus of views nor should they be taken to represent the views of UNHCR or the United Nations. UNHCR is extremely grateful for the kind assistance and co-operation of all members of the editorial panel and to the numerous UNHCR colleagues who commented on and helped in the editing and finalisation of the text. UNHCR is pleased to have convened and facilitated this process. It is hoped that the Manual will contribute positively to encourage and assist NGOs and others working with the displaced in the CIS to find and promote durable solutions to their legal, social and economic problems. Anne-Willem Bijleveld Dennis McNamara Director Director Bureau for Europe Division of International Protection –ii– Part 1 16/11/02 15:38 Page iii Foreword The manual is available free of charge from UNHCR in English and Russian. Please write to: UNHCR/Bureau for Europe P.O. Box 2500 1211 Geneva Dépôt 2 Switzerland Members of the Editorial Panel to which UNHCR wishes to extend its thanks for their kind cooperation: Kirsti Floor UNHCR Svetlana Gannushkina Memorial/Civic Assistance Committee Michael Geske Open Society Institute Karim Ghoul UNHCR Mariette Grange World Council of Churches Vladimir Karmirshalian Armenian Centre for Democracy and Human Rights Leanne MacMillan Amnesty International Zulfia Marat Kyrgyz – American Bureau on Human Rights and the Rule of Law Joanne Mariner Human Rights Watch Janice Marshall UNHCR Claire Messina IOM Isabelle Mihoubi UNHCR Maggie Nicholson Council of Europe Peter Nicolaus UNHCR Nathalie Prouvez International Commission of Jurists James Sloan International Service for Human Rights Pierre Sob Office of the High Commissioner for Human Rights Satu Suikkari UNHCR Volker Turk UNHCR Stefan Valenti Council of Europe Sylvia Walter ILO Monet Zard Lawyers Committee for Human Rights Special thanks are also due to Carol Batchelor, Antonio Fortin and Rick Towle of UNHCR for their advice and contributions on the articles by UNHCR, and to Marc Vincent for the editing and layout of the manual. Geneva January 1998 – iii – Part 1 16/11/02 15:38 Page iv Part 1 16/11/02 15:38 Page v CONTENTS INTRODUCTION CHAPTER I Population Displacement in the CIS Countries and the CIS Conference...... 1 • Population Displacement in the CIS Countries............................................... 1 Types of Population Movement....................................................................... 2 • The CIS Conference ........................................................................................ 6 The Programme of Action............................................................................... 7 The Follow-up Process.................................................................................... 11 CHAPTER II Protection of Refugees, IDPs, Stateless Persons, Migrants and Migrant Workers, and Minorities in the Commonwealth of Independent States...... 13 • Refugees .......................................................................................................... 14 Principles of Protection: International Instruments Relating to Refugees ..... 14 Concept of International Protection................................................................ 16 Refugee Status Determination Procedure....................................................... 18 • Internally Displaced Persons ........................................................................... 19 Principles of Protection: International Instruments Relating to IDPs ............ 20 Principles of Protection: Institutional Arrangements...................................... 22 • Stateless Persons.............................................................................................. 23 Background of the Stateless Persons Conventions ......................................... 26 UNHCR Activities Concerning Statelessness................................................. 27 • Migrants and Migrant Workers........................................................................ 29 Principles of Protection: International Instruments Relating to Migrants and Migrant Workers....................................................................................... 30 Principles of Protection at the Regional Level ............................................... 32 • Minorities......................................................................................................... 34 Principles of Protection................................................................................... 34 Principles of Protection at the Regional Level ............................................... 35 Other Human Rights Provisions on Minorities............................................... 36 Annex I: Status of Ratification of Some Conventions in the CIS ..................... 40 –v– Part 1 16/11/02 15:38 Page vi Contents OVERVIEW OF SELECTED INTERNATIONAL AND REGIONAL INSTRUMENTS CONCERNING REFUGEES AND HUMAN RIGHTS CHAPTER III General Objectives of International Human Rights Treaties and their Application at the National Level.................................................................... 41 • Principal International Human Rights Treaties ............................................... 42 International Covenant on Economic, Social and Cultural Rights................. 46 International Covenant on Civil and Political Rights ..................................... 48 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ................................................................................ 50 International Convention on the Elimination of All Forms of Racial Discrimination................................................................................................
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