UNHCR Protection Manual - Related sources

This paper draws on the contemporary practice around Article 31 by States parties to the 1951 Refugee Convention and/or its 1967 Protocol, clarifying where those interpretations are correct, and where State practice appears to depart from the obligations in Article 31. The aim of the paper is ultimately to inform UNHCR when developing guidelines on Article 31.

On detention of asylum-seekers; arbitrary detention; government bears the burden of demonstrating the lawfulness of detention; detention must be reviewed periodically by an independent decision-maker; length of detention; prolonged detention impedes access to asylum and can lead to refoulement.

This research study examines the workings of ‘alternatives to detention’ (ATDs) through empirical research in two contexts, Toronto, Canada, and Geneva, Switzerland. Relying on a detailed literature review, and qualitative research carried out in summer 2012 in Toronto and Geneva, the report attempts to capture the workings of ATDs in particular from the perspective of the asylum seekers, refugees and other migrants they most closely affect.

On the right to seek and enjoy asylum; the principle of non-refoulement; rights of residence and freedom of movement; urban refugee policy in the context of forced relocation (to camps) of asylum-seekers and refugees.