Displaced persons in International Refugee Law
Section A
1- “Armed conflict might give rise to large scale displacement, but that does not necessarily entail that those forced to flee will receive refugee statues.” Discuss with respect to displaced persons generally.
Section B
It is optional to choose whether question two or three in section B and answer all its parts. Select just one question and answer it.
2-Answer all parts
(a) Xavia is from Fastidia. While homosexuality is not outlawed, there is strong disapproval by society in general. As such, Xavia never manifested her sexual orientation in public, although she has attended some private social events for gay women. While at university in Gradaria, which is much more liberal with respect to a person’s sexual orientation, however, she has been much more open and other students from Fastidia have observed this. With the end of her studies, Xavia is now seeking refugee status in Gadaria on the basis that she will not be able to live as openly in Fastidia and she fears she will be ostracized by family and friends and could be subject to violence on the street. Advise Xavia given that Gadaria is a party to the 1951 Convention Relating to the Status of Refugees, its 1967 Protocol, and International Covenant on Civil and Political Rights.

(b) Weska is from Happyland. Happyland’s constitution dates from the early twentieth century when the Christian church held much more sway in society. As such, divorce is no permitted. Weska, who is not a practicing Christian, is married to a violent partner who has, on occasions, hurt her so badly she has needed to visit Accident & Emergency at her local hospital. She is seeking refugee status in Indypherentia, a party to the 1951 Convention and 1967 Protocol, as well as the International Covenant on Civil and Political Rights. Advise Weska.

(c) A non- international armed conflict has been waged in Chuffa for the past 25 years between government forces and the ethnic Gulpian minority group. The rebel army, the Gulpian Liberation Front (GLF), controls about 20 percent of Chuffan territory. Chuffa is one of the worst violators of human rights according to Amnesty International. As part of the campaign to rid the Gulpian controlled territory of ethnic Chuffans, the GLF hierarchy ignores the abuse and mistreatment of ethnic Chuffan women by GLF rebel soldiers; ethnic Chuffan culture is very strict on sex only within marriage.
Iglu is an ethnic Gulpian who worked as a doctor in the Gulpian region. She has provided medical care to wounded GLF fighters. She has now arrived in Hiberna and is seeking refugee status. Chuffa has sought her extradition for aiding and abetting murder and sexual abuse because she has treated members of the GLF. Advise Hibernia, a party to the 1951 Convention and 1967 Protocol, as well as the International Covenant on Civil and Political Rights.

3. Answer all parts
There has been an ongoing armed conflict in Snafuria for over 20 years. The government forces are fighting the Fubarian Liberation Front (FLF), which claims it is a war of independence. Snafuria is a party to the four Geneva Conventions of 1949, the two 1977 Additional Protocols, the International Covenant of 1966, the Genocide Convention 1948 and has sat on the Executive Committee of UNHCR since 1975.
(a) The neighboring state of Dystopia has also seen protracted conflict and there are many Dystopians now in camps on Snafurian territory run by UNHCR. The camps contain no-one that is openly armed, but it is rumoured that some of the people in the camp leave in the night and fight across the border before returning. Consider the responsibility of Snafuria and UNHCR in international law arising from this situation.
Furthermore, the Security Council is considering issuing a Chapter VII Resolution calling for the immediate closure of the camps and the repatriation of all Dystopians. Advise UNHCR.
(b) The FLF is accused of preventing humanitarian relief supplies reaching ethnic Snafurian villages and Dystopian camps in the area it controls. Advise UNHCR on the international law pertaining to relief and how it might apply to the FLF and UNHCR’s role with respect to distribution of relief to internally displaced persons and to the Dystopian camps in Snafuria.

( c) In the light of all the above, the Secretary- General and Security Council have both demanded that the High Commissioner report directly to them with detailed information on the situation in those areas where UNHCR is operating in Snafuria. Advise the High Commissioner.



Displaced persons in International Refugee Law