PERLINDUNGAN HAK ASASI MANUSIA BAGI PENGUNGSI DI NEGARA NON-ANGGOTA KONVENSI STATUS PENGUNGSI 1951 [Human Rights Protection for Refugees in Non-Member Countries of the 1951 Refugee Status Convention]

Refugee problems become global problems not only for destination country but also for the transit or non-parties country on Status of Refugees Convention 1951. The problem arises when the transit or non-parties country ignore the existence of the refugees in their territory consequently, many refugees could only depend on their protection under UNHCR help. Even if, the territorial state is not the party of 1951 convention, however, they still have responsibility under another Human Rights Convention to give protection to the refugees. Therefore, how far the refugees shall be protected under the transit territory? This article will have analyzed minimum protection under Human Rights instruments and Customary International Law that could give to the refugees. Under the International Covenant on Civil and political Rights, International Covenant on Economic, Social and Cultural Rights, International Convention on The Rights of the Child and Customary International Law, the state territory shall give protection without any discrimination to the refugees, even if they are not the party of 1951 convention. Even though, the protection that refugees get from transit state slightly different than protection from state parties, however, they shall get to be protected.Bahasa Indonesia Abstrak: Masalah pengungsi sudah menjadi permasalahan global yang tidak hanya berpengaruh terhadap negara tujuan saja, namun juga pada negara transit atau negara yang bukan merupakan negara anggota Konvensi Status Pengungsi 1951. Masalah timbul saat negara-negara transit atau negara non-anggota mengabaikan keberadaan pengungsi di teritori negara mereka, sehingga banyak pengungsi yang hanya menyandarkan nasibnya di tangan bantuan UNHCR. Meskipun negara teritorial bukan merupakan negara anggota Konvensi Status Pengungsi 1951, namun mereka seharusnya tetap memberikan perlindungan kepada pengungsi. Pertanyaannya, seberapa jauh negara harus memberikan perlindungan kepada pengungsi? Artikel ini akan menganalisis perlindungan minimal di bawah Hak Asasi Manusia yang harus diberikan negara non-anggota kepada pengungsi yang ada di wilayahnya. Menurut Konvenan tentang Hak-Hak Sipil dan Politik, Konvenan Hak-Hak Ekonomi, Sosial dan Budaya, serta Konvensi Perlindungan Anak dan juga hukum kebiasaan internasional, negara teritorial haruslah memberikan perlindungan tanpa diskriminasi kepada pengungsi, meskipun negara teritorial tidak menjadi para pihak dari Konvensi Status Pengungsi 1951. Meskipun perlindungan yang diberikan kepada pengungsi oleh negara transit sedikit berbeda jika dibandingkan perlindungan dari negara anggota konvensi, mereka tetap harus mendapatkan perlindungan.

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Connecting the Obligation Gap: Indonesia’s Non-Refoulement Responsibility Beyond the 1951 Refugee Convention

Asian Journal of Law and Society ◽

10.1017/als.2021.7 ◽

2021 ◽

pp. 1-15

Author(s):

Dio Herdiawan Tobing

Keyword(s):

International Law ◽

Political Rights ◽

Refugee Convention ◽

International Convention ◽

Customary International Law ◽

Rights Of The Child ◽

Human Rights Treaties ◽

Convention Against Torture ◽

International Obligations ◽

Missed Opportunity

Abstract This article explains the extent to which Indonesia has international obligations to comply with the non-refoulement principle in the absence of ratification of the 1951 Refugee Convention. While Presidential Regulation No. 125 of 2016 concerning the Treatment of Refugees provides the general impression that Indonesia respects the non-refoulement principle, there is no specific text within Indonesian law and policy that regulates the matter. This article argues that Indonesia is legally bound by non-refoulement obligations under international human rights treaties to which it is a party, as well as under customary international law. It examines the extent of Indonesia’s non-refoulement obligations under the Convention Against Torture, the International Convention on Civil and Political Rights, the Convention on the Rights of the Child, and customary international law. It concludes that the Presidential Regulation was a missed opportunity for Indonesia to reinforce its non-refoulement obligations, as illustrated by the recent treatment of Rohingya asylum seekers near Aceh.

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16. International human rights and refugee law

International Law ◽

10.1093/he/9780198748830.003.0016 ◽

2019 ◽

pp. 407-438

Author(s):

Gleider Hernández

Keyword(s):

Human Rights ◽

Political Rights ◽

International Human Rights ◽

Customary International Law ◽

Human Rights Protection ◽

State Constitutions ◽

Cultural Rights ◽

Rights Protection ◽

Refugee Law ◽

International Human

This chapter addresses international human rights and refugee law. In 1948, the General Assembly adopted the famed Universal Declaration of Human Rights (UDHR). Many of its provisions have influenced the adoption of major multilateral treaties, or have come to reflect customary international law, at times through influencing the drafting of State constitutions. The UDHR has also been referred to by international courts to give weight, or to interpret, obligations contained in other treaties. Two overarching covenants were also adopted separately in 1966: the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR). In parallel with the emergence of human rights protection at the international level, several regional frameworks exist. The chapter then looks at the European, American, and African human rights conventions and accompanying institutions.

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Human Rights and Social Justice: the Convention on the Rights of Persons with Disabilities and the quiet revolution in international law

Public Space The Journal of Law and Social Justice ◽

10.5130/psjlsj.v4i0.1167 ◽

2009 ◽

Vol 4 ◽

pp. 17 ◽

Cited By ~ 2

Author(s):

Penny Weller

Keyword(s):

Human Rights ◽

Social Justice ◽

International Law ◽

Attorney General ◽

Public Consultation ◽

Political Rights ◽

Persons With Disabilities ◽

Human Rights Protection ◽

Cultural Rights ◽

Civil And Political Rights

On the 60th anniversary of the Universal Declaration of the Human Rights (UDHR) the Commonwealth Attorney General announced a national public consultation concerning the need for better human rights protection in Australia and the viability of a federal human rights charter. Whether or not the anticipated Charter includes social, economic and cultural rights is directly relevant to questions of social justice in Australia. This paper argues that the legislative acknowledgment of civil and political rights alone will not adequately address the human rights problems that are experienced in Australia. The reluctance to include economic, social and cultural rights in human rights legislation stems from the historical construction of an artificial distinction between civil and political rights, and economic social and cultural rights. This distinction was articulated and embedded in law with the translation of the UDHR into binding international law. It has been accepted and replicated in judicial consideration of the application on human rights legislation at the domestic level. The distinction between the two forms of rights underpins a general ambivalence about the capacity of human rights legislation to deliver social justice and echoes a critical tradition in legal philosophy that cautions against the reification of law. Coming into force early in the 21st century, the Convention of the Rights of Persons with Disabilities illustrates the effort of the international community to recognize and eschew the burden of the false dichotomy between civil and political and economic, social and cultural rights. Acknowledging the indivisible, interdependent and indissociable nature of human rights in Australia is a crucial step toward achieving human rights based social justice.

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COOPERATION BETWEEN UKRAINE AND THE UN AT THE PRESENT STAGE

ACTUAL PROBLEMS OF INTERNATIONAL RELATIONS ◽

10.17721/apmv.2020.144.1.34-40 ◽

2020 ◽

pp. 34-40

Author(s):

K. S. Loboda

Keyword(s):

Human Rights ◽

United Nations ◽

Sustainable Development Goals ◽

Democratic Governance ◽

Political Rights ◽

International Convention ◽

Cultural Rights ◽

Development Goals ◽

The Russian Federation ◽

The United Nations

The article is devoted to the United Nations Organization, which turns 75 this year. The article reveals the cooperation between Ukraine and the UN. Despite the ongoing aggression by the Russian Federation, Ukraine pays special attention to the UN's efforts to maintain international peace and security, considering participation in it as an important factor in its foreign policy. Ukraine is an active participant in the activities of the UN system in the field of human rights, a party to all major UN human rights instruments, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Optional Protocols and the International Convention on the Elimination of all forms of racial discrimination. Since March 2014, at the invitation of our state, the UN Monitoring Mission in the field of human rights has been operating in Ukraine, recording the human rights consequences of Russian aggression. Our country receives significant technical, advisory and financial assistance from UN specialized agencies, its funds and programs, in particular, in the areas of democratic governance, poverty alleviation, achieving the National Sustainable Development Goals, supporting public administration, combating HIV / AIDS and other serious diseases, environment. In connection with the above, it should be emphasized that Ukraine, as a founding member of the United Nations, does not stand aside, but actively cooperates with this respected international organization in all areas of its activities. Ukraine remains a supporter of strengthening and increasing the effectiveness of the UN and adapting to modern challenges in the world. Keywords: United Nations Organization, Ukraine, Security Council, human rights, peacekeeping.

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Introduction The customary law of human rights is hiding in plain sight

10.1093/oso/9780192845696.003.0001 ◽

2021 ◽

pp. 1-8

Author(s):

William A. Schabas

Keyword(s):

Human Rights ◽

International Law ◽

Customary Law ◽

International Human Rights Law ◽

Political Rights ◽

Human Rights Law ◽

Customary International Law ◽

Regional Systems ◽

Second World

Many areas of international law developed first as custom and were only subsequently, generally in the course of the twentieth century, subject to codification. Human rights law was different. It was viewed as quintessentially a matter of domestic concern, a subject shrouded in State sovereignty. Only following the Second World War was international human rights law recognised as a source of binding obligations, mainly through the adoption of the Universal Declaration of Human Rights and other instruments of the United Nations as well as the regional systems. Later, jurists began contending that the norms in these instruments might also be customary in nature. They struggled with identifying the two classic elements in the determination of custom, opinio juris and State practice. Most analysis of the content of customary international law was rather perfunctory and also quite conservative, confining itself largely to civil and political rights.

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25. International Human Rights Law

International Law ◽

10.1093/he/9780198791836.003.0025 ◽

2018 ◽

Author(s):

Nigel Rodley

Keyword(s):

Human Rights ◽

International Human Rights Law ◽

Political Rights ◽

Political Factors ◽

International Protection ◽

Human Rights Protection ◽

Cultural Rights ◽

Rights Protection ◽

Human Rights Treaties ◽

Protection Of Human Rights

This chapter considers the background to, and current developments concerning the manner in which international law has engaged with the protection of human rights, including both civil and political rights and economic, social, and cultural rights. It looks at historical, philosophical, and political factors which have shaped our understanding of human rights and the current systems of international protection. It focuses on the systems of protection developed by and through the United Nations through the ‘International Bill of Rights’, including the Universal Declaration of Human Rights, the UN human rights treaties and treaty bodies, and the UN Special Procedures as well as the work of the Human Rights Council. It also looks at the systems of regional human rights protection which have been established.

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Part II Substantive Aspects, Ch.4 Intentional Destruction of Cultural Heritage

The Oxford Handbook of International Cultural Heritage Law ◽

10.1093/law/9780198859871.003.0004 ◽

2020 ◽

Author(s):

Lenzerini Federico

Keyword(s):

Human Rights ◽

Cultural Heritage ◽

International Law ◽

International Community ◽

Cultural Groups ◽

Special Significance ◽

Customary International Law ◽

Human Rights Protection ◽

Rights Protection ◽

Protection Of Cultural Heritage

This chapter focuses on the practice of deliberate destruction of cultural heritage, which has represented a plague accompanying humanity throughout all phases of its history and has involved many different human communities either as perpetrators or victims. In most instances of deliberate destruction of cultural heritage, the target of perpetrators is not the heritage in itself but, rather, the communities and persons for whom the heritage is of special significance. This reveals a clear discriminatory and persecutory intent against the targeted cultural groups, or even against the international community as a whole. As such, intentional destruction of cultural heritage, in addition of being qualified as a war crime, is actually to be considered as a crime against humanity. Furthermore, it also produces notable implications in terms of human rights protection. Protection of cultural heritage against destruction is today a moral and legal imperative representing one of the priorities of the international community. In this respect, two rules of customary international law exist prohibiting intentional destruction of cultural heritage in time of war and in peacetime.

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Does Custom Have A Source?

AJIL Unbound ◽

10.1017/s2398772300002129 ◽

2014 ◽

Vol 108 ◽

pp. 179-183 ◽

Cited By ~ 1

Author(s):

Daniel Bodansky

Keyword(s):

Human Rights ◽

International Law ◽

Death Penalty ◽

Political Rights ◽

Customary International Law ◽

Department Of State ◽

International Court ◽

Clear Idea ◽

Death Penalty Case ◽

The U.S

Customary international law often seems like a riddle wrapped in a mystery inside an enigma. According to Manley O. Hudson, even the drafters of the International Court of Justice Statute “had no very clear idea as to what constituted international custom.” The situation has not changed much since then.I got my first taste of the difficulties in identifying custom when I was a junior attorney at the U.S. Department of State and was assigned the task of preparing the U.S. submission in a juvenile death penalty case before the Inter-American Commission on Human Rights. The juvenile death penalty is prohibited by the International Covenant on Civil and Political Rights (ICCPR) and the American Convention on Human Rights, but the question in the Inter-American Commission case was whether it is also prohibited as a matter of customary international law.

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Conflict over Conflict: The Right to Strike in International Law

Global Labour Journal ◽

10.15173/glj.v8i1.2649 ◽

2017 ◽

Vol 8 (1) ◽

Author(s):

Diane F Frey

Keyword(s):

Human Rights ◽

International Law ◽

International Human Rights Law ◽

Political Rights ◽

International Labour Organisation ◽

International Human Rights ◽

Cultural Rights ◽

Human Rights Treaties ◽

International Human ◽

The Right

The existence of a right to strike under international law has been challenged by the International Organization of Employers since the late 1980s. The employer group claims that no such right exists under international law and has been moving to undermine recognition of the right at the International Labour Organisation (ILO). This article examines the right to strike in international human rights law. It considers specifically the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) and finds that the right to strike exists in both of these treaties. Further, the article demonstrates that while the ILO employers group may challenge the existence of the right to strike, its government members have overwhelmingly ratified international human rights treaties contradicting the employer group's position that there is no such right.

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Ethiopia before the United Nations Treaty Monitoring Bodies

Afrika Focus ◽

10.21825/af.v20i1-2.5068 ◽

2007 ◽

Vol 20 (1-2) ◽

Cited By ~ 2

Author(s):

Eva Brems

Keyword(s):

Human Rights ◽

United Nations ◽

The State ◽

International Human Rights ◽

International Convention ◽

Human Rights Protection ◽

Rights Protection ◽

Rights Of The Child ◽

International Human ◽

The United Nations

Among the many human rights conventions adopted by the UN, seven are known — together with their additional protocols — as the core international human rights instruments: - The International Convention on the Elimination of All Forms of Racial Discrimination;- The International Covenant on Civil and Political Rights;- The International Covenant on Economic, Social and Cultural Rights; - The Convention on the Elimination of all Forms of Discrimination against Women;- The Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; - The Convention on the Rights of the Child; - The International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families. The main international control mechanism under these conventions is what may be considered the standard mechanism in international human rights protection: state reporting before an international committee. An initial report is due usually one year after joining the treaty and afterwards, reports are due periodically (every four or five years). The international committees examine the reports submitted by the state parties. In the course of this examination they include information from other sources, such as the press, other United Nations materials or NGO information. They also hold a meeting with representatives of the state submitting the report. At the end of this process the committee issues 'concluding observations' or 'concluding comments'. This paper focuses on the experience of one state — Ethiopia - with the seven core human rights treaties. This should allow the reader to gain insights both into the human rights situation in Ethiopia and in the functioning of the United Nations human rights protection system.Key Words: United Nations, Human Rights Conventions, State Reporting, Human Rights Situation in Ethiopia

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