난민협약의 쟁점과 관행

Issues and Practices of the UN Refugee Convention

The Refugee Convention as a basic instrument of refugee protection has not been able to respond flexibly or comprehensively the diversity and complexity of enforced movements that occur today. Also, if the state which is not a signatory party to the Convention does not give any support and rights to refugees. Especially it is true in the case of displaced persons. The Refugee Convention does not impose the government not to persecute her own citizens and not to ensure the safe return of refugees. Th Refugee Convention can not cover refugees influx, international burden sharing, prompt assistant to refugees in desperate need, grant framework to maximize the efficiency of international resources, and does not explain the capacity of refugee receiving countries. Under the Refugee Convention, despite these problems, the definition of refugee and the concept of persecution are not clear and stay in abstraction. Also the procedure for refugee status determination may not be drawn in uniform and depend on the discretion of each countries. More transparent, equitable and consistent implementation of domestic refugee legal system will lead the support of the general public. Only if when legislative, executive and judicial branches of national authority enact, execute, apply and interpretation Refugee law and related issues according to the spirit of the Universal Declaration of Human Rights and International Human Rights Covenants ensuring dignity and worth of individuals, life, safety, freedom and equality, and the Refugee Convention strengthening and refining the legal status of special classes of refugee rights, the right to seek asylum to can be assured and the principle of non-refoulement will be abided by.