22. Legal status of refugees

Refugee – a foreigner who owing to a well-founded fear of being persecuted for reasons of race, ethnicity, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country; Asylum seeker - is a person who fled from their country (endangered) but is not accepted yet as a refugee. Разница между ними в том, что asylum еще не приобрел статус беженца, значит еще не может легально пересечь границу и принять помощь иного государства. Asylum – человек, подавший заявление на статус беженца (такие подаются, чтобы другая страна тебя приняла).

Approximate number of refugees in the world is 13 mln people. There can be different reasons for people to leave their homelands: low living conditions, war, terrorism, and discrimination by government’s side. Over three millennia later, protecting refugees was made the core mandate of the UN refugee agency, which was set up to look after refugees, specifically those waiting to return home at the end of World War II. UNHCR (United Nations High Commissioner for Refugees) takes control over the refugees.

The Office of the United Nations High Commissioner for Refugees was established on December 14, 1950 by the United Nations General Assembly. The agency is mandated to lead and co-ordinate international action to protect refugees and resolve refugee problems worldwide. Its primary purpose is to safeguard the rights and well-being of refugees. It strives to ensure that everyone can exercise the right to seek asylum and find safe refuge in another State, with the option to return home voluntarily, integrate locally or to resettle in a third country. It also has a mandate to help stateless people. Today, a staff of more than 9,300 people in 123 countries continues to help and protect millions of refugees, returnees, internally displaced and stateless people. . In contrast, wealthier countries, geographically removed from crisis zones, have implemented numerous measures to deter and prevent the arrival of asylum-seekers and refugees. Previously, only countries in Europe and North America operated individual refugee status determination procedures. In 2010, a total 167 countries and territories received 850,000 individual asylum applications, ten countries received more than half of them, and South Africa alone received 180,600 applications.

The 1951 UN Refugee Convention and its 1967 Protocol remain the cornerstones of the international refugee protection system. The 1951 Convention is conceived as a universal human rights instrument to protect refugees from persecution, prevent their refoulement and guarantee their wider rights. The refugee protection system is weakened by its less than universal application. By 2011, a total of 148 countries had ratified the 1951 Convention and/or its 1967 Protocol; however, more than 40 per cent of refugees under UNHCR’s mandate were hosted by states that had not acceded to the instruments. When states do not accede to the Refugee Convention, or fail to live up to their obligations under it, or enter reservations to the text, the potential for a system of mutual understanding and collaboration is weakened. (Система слабая, потому что, не все страны подписали эту конвенцию. К примеру, США не подписало конвенцию, но принимает беженцев, то если права беженцев будут каким-либо образом ущемлены, то UNHCR за них заступиться не может, так как США не подписывал конвенцию, то есть не состоит в международном договоре.)

There two types of territorial refuges (убежищ): Diplomatic and territorial. Diplomatic is when you are in your own country but in the embassy or consulate of another government.(Дипломатическое – укрытиенатерриториипосольстваиликонсульствачужогогосударства, находясьнасвоейтерритории). Territorial is when you left the territory of your own country to run in other country. (Территориальное – убежать из своей страны, чтобы найти убежище на территории другой страны). People who are known to be refugees and found refuge in country, which signed Convention of 1951 are known as Conventional refugees. It means, that country signed the Convention and now responsible for rights of refugees as it known in Convention.

Second type is mandatory refugee. The countries that didn’t sign the Convention, but accept refugees are not obliged to give refugees full rights as it said in Convention. And UNHCR can not be responsible for the government’s actions. UNHCR can help countries who accepting a lot of refugees by financial aid. However, a lot of European countries want to close the border for refugees, because it became a big problem. There are a lot of strikes, because legal citizens are not agree that refugee could take their jobs, also their a lot of financial and social aids for refugees from government. But some refugees are moving just to have perfect live without working. It means that in society, somebody is working for somebody just to sit at home. And some of the refugees are terrorists, who then have a big danger for hosting countries.

The Republic of Kazakhstan, also accepting refugees.From Afganistan, Uzbekistan, Ukraine, Kyrgyzstan and a lot more countries, mostly from East Asia. The Republic of Kazakhstan has it’s own Law on refugees. It included all the rights and obligations of refugees. Was adopted in decembre 4, 2009. It says that refugees can have a legal status a year. The month before it will end, they need to make a new application, if they need it. The aim of accepting refugees is also reunite families. If there a baby that was born on territory of the RK, it’s government decision to make him a legal citizen, but if the baby has a status of refugee, RK has a responsibility for this baby to protect as a legal child by the law about kids rights.

1. Refugees shall have a right to:       1) refuge;       2) request information from relevant authorized bodies on relatives, residing in the country of origin;       3) appeal of a decision of the authorized body on refusal of prolongation, deprivation or termination of the refugee’s status;       4) voluntary return to the country of origin or move to the any third country;       5) medical service in accordance with the legislation of the Republic of Kazakhstan in the field of health care service;       6) freedom of labour or entrepreneurial activity in accordance with the legislation of the Republic of Kazakhstan;       7) judicial protection of property and private non-property weal and rights.       8) taking property, brought by himself (herself), as well as acquired by him (her) in the territory of the Republic of Kazakhstan, to another country, in which the right of entry for location is granted to him (her);       9) obtaining of certificate of refugee and travel document.       2. Refugees shall be obliged to:       1) comply the legislation of the Republic of Kazakhstan;       2) inform the authorized body on intendments to get out outside the territory of the Republic of Kazakhstan;       3) remove from the register and register in the authorized body upon relocation in the territory of the Republic of Kazakhstan and register respectively and register during five business days from the date of arrival to the new place of residence.       4) Persons, having the refugee’s status, shall have a rights and freedoms, as well as incur all obligations, established by the Constitution, the Laws and international treaties of the Republic of Kazakhstan for foreigners and persons without citizenship.