Document Type

Article

Publication Date

2003

Abstract

One of the most striking features of the international refugee regime as it has evolved over the last quarter century is the proliferation of labels. Rather than simply assessing the circumstances of applicants against the Convention refugee definition, the governments of most developed states have instead invented a seemingly endless list of alternative statuses - "B" status, humanitarian admission, temporary protected status, special leave to remain, Duldung, and the like. Persons assigned one of these labels have generally been protected against refoulement in line with Article 33 of the Refugee Convention. But in a variety of other ways, they have not been treated as refugees. They have, in particular, faced limits on freedom of movement, the ability to earn a livelihood, and access to education and general social support systems. Most critically, there has been a near-universal association of alter-native status with non-permanent presence. While refugees are by and large granted "asylum" - understood to entail an enduring right to remain in, or to be enfranchised by, the host country - the beneficiaries of alternative forms of protection have usually been admitted instead to what is commonly called "temporary" protection. That is, they are not granted an indefinite right to remain, but are instead allowed to stay in the host state for the duration of the risk in their country of origin.

Download


Share

COinS