This document discusses the international refugee protection regime and the scope of protection in situations of mass influx. It notes that the 1951 Refugee Convention and 1967 Protocol provide the legal framework for refugee protection but have limitations that UNHCR seeks to address. It also discusses the importance of international burden sharing, temporary protection in mass influx situations, eligibility determination procedures, and durable solutions such as voluntary repatriation or local integration. The document outlines principles and standards for providing protection in mass influx situations.

1. AP/PPS 4111 3.0:
International Refugee Protection Regime
The Scope of International Protection in
Mass Influx
Presented By: Abdirizak Nur

2. Note:
• The Executive Committee of the
High Commissioner’s Program, in its
1994 Conclusion on International
Protection encouraged the UNHCR to
continue to provide protection for
persons who are unable to return
safely to their countries as a
result of situation of conflict.
The Scope of International Protection in
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Mass Influx

3. Legal Protection
• 51’ Convention and 67’ Protocol
provide the necessary legal
framework for the protection of
refugees
• Limitations of the legal framework
• UNHCR has taken steps to address the
limitations of the legal framework
• UNHCR seeks to apply the Convention
and Protocol to Mass Influx
situations
The Scope of International Protection in
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Mass Influx

4. Concerted Action
• International burden sharing
paramount to the protection of
refugees
• Africa and Latin America provide
protection for refugees
• Concerned organizations should
play a greater role
The Scope of International Protection in
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Mass Influx

5. Protection in Mass Influx
• Most states have generally accepted
the need to provide international
protection for refugees
• Situations of Mass Influx has its
problems
• Assessment of refugee status and
questions of long-term solutions are
critical
• Steps towards creating consistent
state practice for Mass Influx
situations
The Scope of International Protection in
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Mass Influx

6. Eligibility in Mass Influx
• States due experience concerns
over mass influx of refugees
• Importance of fair status
determination procedures fro
asylum seekers
• UNHCR encourages positive group
determination
The Scope of International Protection in
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Mass Influx

7. Durable Solutions in Mass Influx
• It is important to assess the situation of
the refugee to determine an appropriate
plan of action
• Permanent exile and Voluntary
repatriation are usually important
options
• However, integration and long-term
protection can also serve as alternatives
• There may not be an undertaking of to
provide permanent resettlement
• The 1981 conclusion enjoins states to ‘fix’
the problem of the country experiencing a
conflict
The Scope of International Protection in
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Mass Influx

8. Guiding Principles/Basic Standards
in Mass Influx
• The need for international
protection in mass influx is
important
• Temporary protection considered
an integral part
• Progressive improvements are
necessary
• Standards applicable in mass
influx situations are
complimentary to convention and
protocol
The Scope of International Protection in
Mass Influx
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9. Protection for Individuals fleeing
Armed Conflict
• Asylum-seekers is also an issue
• UNHCR maintains that fear of
persecution should not be the only
criteria
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Mass Influx

10. Stateless Persons
• Growing problem of statelessness
• Statelessness has negative
repercussions
The Scope of International Protection in
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Mass Influx

11. Internally Displaced Persons
(IDPs)
• Protection of internally displaced
persons (IDP’s) was considered at
both sub-commitees on
international protection in 1994
• Initiatives remain on-going at the
international level
• Recent events in Africa highlight the
importance of IDP’s
The Scope of International Protection in
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Mass Influx

12. AP/PPS 4111 3.0:
Research Paper: Mass Influx Situations
Border Closures
Presented By: Abdirizak Nur

13. Background
• Border closures remain a central
problem in situations of mass influx
• UN Decleration on Human Rights grants
people to seek political asylum
across borders
• States have historically closed their
borders to fleeing refugees in mass
influx situations
• Border crossings also tend to be
intensely political
• Ambiguous borders
Research Paper: Mass Influx Situations 1

14. Protracted refugees
• Protracted refugees are a common
result of border closures during
mass influx situations
• Protracted refugee situations result
from political impasses that prevent
refugees from returning home
voluntarily in safety and dignity and
from integrating into their countries
of asylum
• Tensions can occur between
protracted refugees and locals
Research Paper: Mass Influx Situations 2

15. Somalia-Kenya border closure
• Kenya has witnessed large and
periodic influxes of refugees from
Somalia since 1991
• Somalis constitute the majority in
the Dadaab refugee camp in Kenya,
the largest refugee camp in the
world
• Kenya officially closed its borders
to Somalia in January 2007
Research Paper: Mass Influx Situations 3

16. Objectives
• Develop policy proposal for mass
influx situations
• Important that any solution take
into account the unique
characteristics, traditions, and
histories of the countries involved
Research Paper: Mass Influx Situations 4

17. 5
Research Paper: Mass Influx Situations

18. Discussion
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Mass Influx