1998•Refuge Canada s Journal on RefugeOpen access

Refugees, UNHCR and Human Rights:Current Dilemmas of Conflicting Mandates

Daniel Warner

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Abstract

There continues to be an increase in concern for human rights in different areas, and refugies are no exception. Specifically, UNHCR has become more concerned with human rights issues. This article reviews the standard phrases used to indicate the the relationship between human rights and refugees before examining the specificity refugees in terms of human rights. The point of view taken is that the specïficity of the refugee situation is different from normal human rights concems, and the conclusion is that including refugees, within a human rights framework actually weaken refugee protection. That is we propose that although human rights in and of themselves cannot be argued against, the inclusion of refugies within a human rights régime may actually weaken the kinds of protection necessary for refugees and their particular situation. UNHCR would do well to focus on its limited mandate rather than including refugees within the human rights régime.

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There continues to be an increase in concern for human rights in different areas, and refugies are no exception. Specifically, UNHCR has become more concerned with human rights issues. This article reviews the standard phrases used to indicate the the relationship between human rights and refugees before examining the specificity refugees in terms of human rights. The point of view taken is that the specïficity of the refugee situation is different from normal human rights concems, and the conclusion is that including refugees, within a human rights framework actually weaken refugee protection. That is we propose that although human rights in and of themselves cannot be argued against, the inclusion of refugies within a human rights régime may actually weaken the kinds of protection necessary for refugees and their particular situation. UNHCR would do well to focus on its limited mandate rather than including refugees within the human rights régime.

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Available abstract

There continues to be an increase in concern for human rights in different areas, and refugies are no exception. Specifically, UNHCR has become more concerned with human rights issues. This article reviews the standard phrases used to indicate the the relationship between human rights and refugees before examining the specificity refugees in terms of human rights. The point of view taken is that the specïficity of the refugee situation is different from normal human rights concems, and the conclusion is that including refugees, within a human rights framework actually weaken refugee protection. That is we propose that although human rights in and of themselves cannot be argued against, the inclusion of refugies within a human rights régime may actually weaken the kinds of protection necessary for refugees and their particular situation. UNHCR would do well to focus on its limited mandate rather than including refugees within the human rights régime.

Key concepts: Refugee, Human rights, Mandate, Political science, International human rights law, Law

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