The Concept of Refugee
by the country of origin is not available to the person concerned or if he, in the light of what has happened or will happen to him, cannot
be reasonably expected to ask for such protection.
The definition of refugees according The Group of Governmental Experts on International Co-operation to Avert News Flows of Refugees is:
“Refugees defined man-made disaster in the following terms: wars, armed conflict, acts aggression, alien domination, foreign armed intervention,
occupation, colonialism, oppressive segregationist and racially supremacist regimes practicing policies of discrimination or persecution,
apartheid, violations of expulsions, economic and social factors threatening the physical integrity and survival, structural problems of
development; manmade ecological disturbances and severe environmental damages
.”
7
Someone become refugees because they feel danger, because of natural disaster or man-made disaster. Refugee caused by natural disaster is protected
by their country and they can escape to another country to save their life. They are able to ask for help on their origin country.
It is different when someone becomes a refugee because of man-made disaster such as war, armed conflict, etc. The evacuation of refugees is out of
the country due to avoid prosecution and persecution in their country. Sometimes these refugees occur because of political reasons, they also forced
to leave the country, and these people no longer receive protection from government of their country. International Refugee Law only regulated refugee
7
Wagiman, Op. Cit., p.99.
caused by man-made disaster because they were not protected by their country. This kind of refugee is very vulnerable to suppression of human rights.
According to the definition above, it is explained that there are two types of refugees, the Internal Displaced Persons and refugees. The differences on
these two types of refugees are only within the scope of the region. Internal Displaced Person is displaced out of a particular territory and occupies other
areas but still within the territory of their country, whereas refugee is a refugee person who fled or was displaced to other regions out of their country.
2. Types of Refugee
a. Economic migrant
“Person, who, in pursuit of employment or a better overall standard living that is, motivated by economic consideration, leave their country to
take up residence elsewhere .”
8
b. Internally Displaced Person IDP
Until the beginning of the 1990s, internally displaced persons were defined negatively: they were people who had fled their homes, but who
were not refugees having remained within their country. It is only recently that some efforts have been made to devise a comprehensive definition of
internally displaced persons. An important step was taken in 1992 when the UN Secretary-General proposed a working definition. That definition was
8
Achmad Romsan, Op. Cit., p. 29.
revised in 1998 and the Guiding Principles on Internal Displacement now define internally displaced persons as:
9
“Persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as
a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made
disasters, and who have not crossed an internationally recognized State border
.”
If we look more closely at the situation of internally displaced persons, this bond is not completely severed, because they still remain
within the jurisdiction of their state which has a duty of protection towards them. This has important implication for the nature of protection which can
be afforded to them. What must not be forgotten is the essentially statist nature of international refugee law which is evidenced by the paramount
importance of the border-crossing requirement in the refugee definition: the refugee is an unprotected alien who does not benefit from any protection,
whereas the internally displaced is an unprotected resident who requires protection which is necessarily different in nature. Consequently, a legal
synthesis between refugees and the internally displaced is meaningless, and a separate legal status should not be given to the internally displaced in
international law.
10
9
Catherine Phuong, 2004, The International Protection of Internally Displaced Persons, United Kingdom, Cambridge University Press, p. 1-2
10
Ibid, p. 37.
c. Mandate refuges
Mandates are used to refer to people who recognized his status as a refugee by UNHCR in accordance with the functions, authority or mandate
established by the Statute of UNHCR. The term mandate refugees used for refugees who were under the authority or mandate of UNHCR, such as:
1. People who are recognized as refugees by UNHCR, wherever they are, before the entry into force of the 1951 Convention on April 22
th
, 1964 and before the entry into force of the 1967 Protocol on October 4
th
, 1967.
2. People who are recognized as refugee by UNHCR who are outside the state parties to the Convention in 1951 after the entry into force of the
1951 Convention since April 22
th
, 1954 and or its 1967 Protocol after the entry into force of this Protocol since October 4
th
, 1967. The mandate stated the refugee is a person who meets the requirement of the
UNHCR Statute, as refugees and therefore the protection of the United Nations, wherever they are inside or outside the State Parties to the 1951
Convention or its 1967 Protocol.
11
d. Refugees sur place
“A person who was not a refugee when he left his country, but who became a refugee at a late date. A person becomes a refugee sur place due
to circumstances arising in her country origin during her absence .”
12
11
Achmad Romsan, Op. Cit., p. 30-31.
12
Ibid, p. 29.
These are persons who have entered the host country for reasons unrelated to questions of well-founded fear of persecution, such as
education, medical treatment or tourism. However, subsequent developments render their return to the country of origin problematic. The
conditions in the person’s country of origin may change suddenly, placing the person’s life and liberty in danger upon return—for example, a military
coup or ethnic strife. A person ’s political activities in the host country may
also make it unsafe for her to return, because of political opposition. In this case, refugee status is determined on the basis of individual apprehension of
persecution.
13
e. Statutory refugees
“Persons who meet the definitions on international instruments concerning refugees prior to the 1951 Convention are usually referred to
as “statutory refugees”.
14
f. Stateless person
The 1954 Convention aims to provide stateless persons with a legal status and in appropriate cases, residence, which would enable them to
access basic social and economic rights. Article 1 defines a stateless person as one ‘who is not considered as a national by any State under the operation
of its laws’. Because the Convention does not permit derogations from Article 11, the definition of a stateless person is binding upon all state
13
Human Rights Law Network, 2011, Refugee and the Law, Second Edition, Human Rights Law Network HRLN, New Delhi, p. 13
14
Achmad Romsan, Op. Cit., p. 29.
parties. Moreover, the International Law Commission considers the definition to be part of customary international law. The international legal
definition of a stateless person is set out in Article 1 of the 1954 Convention relating to the Status of Stateless Persons, which defines a stateless person
as a person who is not considered as a national by any State under the operation of its law. This means that a stateless person is someone who
does not have a nationality of any country. Some people are born stateless, while others become stateless over the course of their lives.
15
One of the changes that occur in a country that can cause a person or a group of people to lose citizenship is a succession of state. According to
Ian Brownlie “State succession arises when there is a definitive replacement
of sovereignty over a given territory in conformity with international law”.
16
g. War refuges
“Persons compelled to leave their country of origin as a result of international or national armed conflicts are normally considered refugees
under the 1951 Convention of 1967 Protocol. They do, however, have the protection provided for in other international instruments, i.e. the Geneva
Convention of 1949, et.al. in the case of forces invasion and subsequent occupation, occupying force may begin to persecute segment of the
populations. In such cases, asylum seekers may meet the conditions of the Convention definition
.”
17
15
Sandra Mantu, 2015, Contingent Citizenship: The Law and Practice of Citizenship Deprivation in International, European and National Perspectives
, The Netherlands, Koninklijke Brill NV, p. 37
16
Kadarudin, Keterkaitan Antara Stateless Persons, Pencari Suaka dan Pengungsi, Jurnal Pengembangan Ilmu Hukum ‘Gratia’, Volume VIII, No I, 2012, p. 105
17
Achmad Romsan, Op. Cit., p. 30.