Refugees and Human Rights Essay Example | Topics and Well Written Essays - 4500 words

Refugees and Human Rights - Essay Example During the fight, her sister and female cousin were raped by local youths and home was looted and told them that their brother was traitor as he working for Oberons. It is clear that Helena was not present during the period when war broke out between two communities. And moreover there is a hint of insecurity and chances are there that she would also be meted out with same treatment if she goes to Xanadu. Under the Article 1 (A) (1) and (2), Helena has the right to claim asylum because she was present in Kensington at the time of fight and is more probably to face the wrath of local youths who have raped her sister and female cousin. It is deemed to understood that it the rape on two females were politically motivated because of the assumed connection of her brother with Oberon, which is a rival political group. Article 1 (F) (a) also states that the provisions of the Conventions will not be applicable to the person with record of crime committed against peace, humanity, or non polit ical crimes outside the country, or is guilty of acts contrary to the purposes and principles of the United Nations. Helena is not involved in any of these mentioned above in Article 1 (F) (a) and is rightly applicable to seek asylum in Kensington because it is party to the UNHCR declaration of 1951, the 1967 Protocol and the 1950 ECHR and has agreed upon that the human beings shall enjoy fundamental rights and freedom without any discrimination and all the member states would assure refugees the widest possible exercise of these fundamental rights and extend the scope of protection. (UNHCR) Therefore, under the Convention Relating to the Status of Refugees, Helena can seek asylum in Kensington as per the Article 1 (A) (1) and (2) and Article 1 (F) (a). Helena needs to provide necessary documents and proof of future persecution in her country of origin. She should be able to satisfy the definition of 'persecution' under Article 1(A) (4). Lopez-Galarza v. I.N.S., 99 F.3d 954 (9th Cir.1996) In the above case, the petitioner Lopez Galarza was raped and subject to various types of physical abuse due to political conflict. The Unites States Court agreed upon that Lopez - Galarza had satisfied the definition of 'persecution' and can be availed asylum. (www.1.umn.edu) 2. Pyramus Case of deporting him back to Xanadu Pyramus has already been granted refugee status in Kensington. The government of Kensington has decided to deport Pyramus for his alleged fundraising activities for Titanian Liberation Movement which is considered as a terrorist organization. The Kensington government has the right to deport Pyramus as per Article 2 which states that every refugee has to conform to the laws and legislations of the country in which he/she is taking refuge for maintenance of public order, which was violated by Pyramus through fundraising activity for Titanian Liberation Movement. But as per the article 32 (1)(2)(3), the contracted states shall not expel a refugee lawfully in their territory save on grounds of national security or public order - expulsion shall only be in pursuance of a decision reached in accordance with due process of law. The refugee will be allowed to submit evidence to get cleared from the accusation only in the issues of national security and will be represented before competent authority or any other person or