XII Международная студенческая научная конференция Студенческий научный форум - 2020

The refugee problem affected almost all countries of the modern world community. People leave their country on various grounds for fear of persecution by the state. The number of refugees has been increasing in recent decades.

The issue of refugees firstly appeared after World War I and the October Revolution of 1917 in Russia. The Conference on the Problems of Russian and Armenian Refugees held in Geneva in 1926 developed the definition of " а refugee." Refugees were recognized as persons of the national or ethnic origin concerned who did not enjoy the protection of their State and had not acquired another nationality¹.

World War II gave a new impetus to the refugee problem. The term “refugee” can be applied to any person who: as a result of events occurring before 1 January 1951 and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it².

The shortcomings of these definitions are their narrow focus on the concept of "refugee," and many other reasons for becoming a victim of persecution are not mentioned. These include racial discrimination; religious intolerance; national contradictions; belonging to a particular social group; political beliefs other than official ones.

Another important act regulating the status of refugees is the Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa 1969³. Many specialists in international law point to the fact that it is the definition enshrined in this Convention that most fully reflects the specificity of the notion of "refugee." In the event of a threat to human life, health, liberty or security, it does not matter whether the threat is a consequence of persecution or other form of fear, i.e. a broader definition, which takes into account the specificities of different regions with their political, economic, cultural and other development characteristics.

As for international law the question of granting refugee status refers to matters decided by States at their discretion and does not oblige them to grant shelter to such persons. The 1969 OAU Refugee Convention states that such a right should be recognized: "OAU member States shall, within the framework of their respective legislation, make every effort to grant refugees shelter." The reverse of the "refugee" status is the confirmation that there is an unstable situation in the country, where we can see reduction of number of the population because of the threat to human health. This explains partly why the OAU Convention included a provision according to which "the granting of shelter to refugees is a peaceful humanitarian act and should not be regarded as an unfriendly act by a State party."

The 1951 United Nations Convention relating to the Status of Refugees enshrined the fundamental rights of refugees, to which one may refer: freedom to practice their religion and freedom as regards the religious education of their children, property, liability and other rights relating to movable and immovable property, artistic rights and industrial property, right of association, access to courts, wage-earning employment, self-employment, liberal professions, public education, public relief and others.

Firstly one of the disadvantages of these rights is the lack of classification by sphere of public life. Secondly nothing is said about political and electoral rights. Thirdly there are no special rights that establish the special status of refugees to help them adapt more easily to the new conditions of life. This raises problems of detention of persons seeking asylum or expulsion in the territory of States that pose a danger to such persons as a result of persecution on various grounds.

With regard to granted rights the characteristic "granting a more favourable legal status" is used which is estimated and depends on the will of the State, which can interpret it as it intends. In developed countries, the process of refugee recognition is very complex, which can violate human rights, as the person seeking shelter is the last to think about the burden of proving his or her right to refugee recognition. On the other hand countries granting asylum to refugees bear heavy costs, which negatively affects overall economic development, and crime is common among refugees, which is also an important factor in the asylum procedure of the receiving State. For example, there is a negative attitude towards refugees in Europe due to the increase of terrorist activities. This is the murder of director Theo van Gogh by Muslim refugees because of religious contradictions, terrorist acts in London, Muslim statements because of the publication of cartoons of Prophet Mukhamed and many other crimes, as a result of which citizens of Europe began to be afraid to appear in the areas where refugees live. There are fears that terrorists may enter Europe under the pretext of refugees, it is sometimes difficult to determine whether a person really needs shelter.

The main responsibilities of refugees under the 1951 Convention relating to the Status of Refugees include compliance with laws and other regulations governing the external and internal life of the country in which they are located. The text of the document declares the list of duties is quite limited. Nothing is said about the responsibility of refugees for crimes committed on the territory of the country.

At the global level there are no mechanisms for the accountability of refugees for the crimes committed, since the refugee problem is an international one, it is necessary to develop uniform standards for holding such persons accountable taking into account the norms of the national legislation of the countries in which refugees are located. The United Nations Office on Drugs and Crime (UNODC) publishes crime and criminal justice statistics annually as part of the United Nations Survey of Crime Trends and Operations of Criminal Justice Systems. Thus the number of crimes committed by refugees is increasing⁴.

"New citizens" can impose their culture, values, language, etc. They "push" their interests into state structures. There is a very serious problem: the conflict of cultures. The State has to manage this conflict in some way as it can often lead to social contradictions. After all living in a certain country we should take into account the traditions and culture of the living people, try to live according to the rules of this society. No one talks about the forcible imposition of any values and ideas. Anyone has the right to have a world view and a system of values, but this complicates the process of adaptation in a new society. But given globalization in various spheres of social life, the adoption of some traditions and values would contribute to cultural association and the promotion of universal human values. Every culture has similar values and rules of behavior. Cultural globalization will contribute to the establishment of unified humanist ideals on the basis of which the law will operate, as it is now being humanized.

To stabilize refugee policy new universal responsibilities and accountability measures must be developed. The States need to join together to work out measures to prevent the spread of crimes among refugees and to establish universal agreements on legal assistance in criminal matters.

References

Ibragimov A.M. Concept and Criteria for the Identification of Refugees in International Private Law//Russian Law Journal 2007. № 2. С. 98.

United Nations Office on Drugs and Crime Website URL: https://www.unhcr.org/protection/convention/

United Nations Office on Drugs and Crime Website URL:https://www.unodc.org/unodc/en/index

United Nations Office on Drugs and Crime Website URL:https://www.unhcr.org

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