The Right of Asylum Viewed from the Constitutional and International Viewpoints
This paper aims to address the forms of displacement/departure of the population that leaves its country of origin as a result of the violent circumstances created in the place of displacement or the place of escape. As well, this paper aims to deal with the provision of protection for people who flee in search of shelter and to study international obligations of the states based on the international norms including their laws. The purpose of this study is to consider treatment of refugees who leave their country of origin due to violence, war or any humanitarian reason. The main issues addressed in this study are causes of displacement, treatment of refugees according to the international law and their definition, international laws for refugees, and responsibilities of states regarding displacement and migration. During the research, we used several methods without which the research would not have been possible: the method of theoretical analysis, method of comparison, and quantitative method. This study identified the causes or triggers that lead to immigration, including violence and human rights abuses that are increasingly intertwined with ethnic and religious hostilities. Security, effects from international terrorism and the lack of border control can be the main causes. This study is applicable in the field of international relations, particularly to researchers who deal with global crises related to migration issues. Also, this study can be applied to categories that deal with refugees and people who deal with the issue of asylum at different levels. Furthermore, this study can also be used by representatives of civil society, workers of international organizations such as UNHCR, representatives of international organizations that protect the rights of refugees and persons seeking international protection. The novelty in this study is the treatment of the complex nature of migration and identification of the factors that lead to massive displacement, crisis management, states’ care and obligations in providing international protection to refugees, respecting international conventions and agreements, and the internal legislation of states where this movement of refugees can occur.
Keywords: the right of asylum, constitutional and international norms of migration, displaced persons, refugees.
ALEINIKOFF, A., and CHETAIL, V. (Eds.) (2002) International dialogue on migration, International Legal norms and migration an analysis. International Organization for Migration.
ASSEMBLY OF THE REPUBLIC OF KOSOVO (2012) Law No. 04/L-115 on amending and supplementing the laws related to the ending of international supervision of independence of Kosovo https://gzk.rks-gov.net/ActDetail.aspx?ActID=2531
ASSEMBLY OF THE REPUBLIC OF KOSOVO (2015) Constitution of the Republic of Kosovo https://gzk.rks-gov.net/ActDetail.aspx?ActID=3702
BOED, R. (1994) The State of the Right of Asylum in International Law, 5 Duke Journal of Comparative & International Law, 1-34.
COOPER, G., BLUMELL, L. E. & BUNCE, M. (2021) Beyond the Refugee Crisis how the UK news media represent asylum seekers across national boundaries. The International Communication Gazette, 83(3), pp. 195-216. doi: 10.1177/1748048520913230
EUROPEAN UNION AGENCY FOR FUNDAMENTAL RIGHTS. (2015) Handbook on European law relating to asylum, borders and immigration. https://fra.europa.eu/sites/default/files/fra_uploads/handbook-law-asylum-migration-borders-2nd-ed_en.pdf
FELLER, E., TURK, V., and NICHOLSON, F. (Eds.) (2003) Refugee Protection in International Law UNHCR’s Global Consultations on International Protection. Cambridge University Press.
FRIGO, M. (2014) Migration and International Human Rights Law, A Practitioners’ Guide No. 6. International Commission of Jurists. https://www.icj.org/wp-content/uploads/2014/10/Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng.pdf
GOVERNMENT OF THE REPUBLIC OF KOSOVO (2018) Law No. 06/L-026 on Asylum. Official Gazette of the Republic of Kosovo, No. 8/ May 15, 2018, Pristina 31 https://gzk.rks-gov.net/ActDetail.aspx?ActID=16389
GOVERNMENT OF THE REPUBLIC OF KOSOVO (2021) Regulation (GRK) – No. 02/2021 on the Areas of Administrative Responsibility of the Office of the Prime Minister and Ministries, was approved on the 2nd meeting of the Government of Kosovo, with the Decision No. 01/02, dated 16/03/2021. https://gzk.rks-gov.net/ActDetail.aspx?ActID=39317
INTERNATIONAL MIGRATION LAW UNIT (IML) (2011) International Standards on Immigration Detention and Non-Custodial Measures, IOM Submission to the Working Group on Arbitrary. https://www.ohchr.org/sites/default/files/Documents/Issues/Detention/DraftBasicPrinciples/IOM3.pdf
IOM (2007) Protection of Persons Involved in Migration: Note on IOM’s Role. International Migration Law and Legal Affairs Department. https://www.iom.int/sites/g/files/tmzbdl486/files/2019-01/IC_2007_3_E_0.pdf
MINISTRIA PËR KOMUNITETE DHE KTHIM (2014) Strategjia per Komunitete dhe Kthim 2014–2018 https://kryeministri.rks-gov.net/wp content/uploads/docs/Strategjia_per_Komunitete_dhe_Kthim_2014-2018.pdf
NATIONAL LEGISLATIVE BODIES/NATIONAL AUTHORITIES (2018) Kosovo: Regulation on the Return of Displaced Persons and Durable Solutions (GRK) - NO. 01/2018, available at: https://www.refworld.org/docid/5c04f43b4.html
NICHOLSON, F., and KUMIN, J. (2017) A guide to international refugee protection and building state asylum systems. Inter-Parliamentary Union and the United Nations High Commissioner for Refugees. https://www.unhcr.org/publications/legal/3d4aba564/refugee-protection-guide-international-refugee-law-handbook-parliamentarians.html
OBREGÓN GIESEKEN, H. (2017) The protection of migrants under international humanitarian law. International Review of the Red Cross (2017), 99 (1), 121–152, https://doi.org/10.1017/S1816383118000103
OSCE (2019) Assessment of Voluntary Returns in Kosovo. https://gzk.rks-gov.net/ActDetail.aspx?ActID=16389
PHILLIPS, J. (2015) Asylum seekers and refugees: what are the facts? Social Policy Section. https://www.aph.gov.au/about_parliament/parliamentary_departments/parliamentary_library/pubs/rp/rp1415/asylumfacts
SCHINDLMAYR, T. (2003) Sovereignty, Legal Regimes, and International Miration. International Miration, 41(2), 109-123.
UNHCR (2010) Convention and protocol relating to the status of refugees https://www.unhcr.org/protection/basic/3b66c2aa10/convention-protocol-relating-status-refugees.html
UNIVERSITY OF KASHMIR (n/d) Extradition and Asylum. http://law.uok.edu.in/Files/5ce6c765-c013-446c-b6ac-b9de496f8751/Custom/LLBIL6.pdf
WEIS, P. (1965) The Right of Asylum in the Context of the Protection of Human Rights in Regional and Municipal Law. Proceedings of the 2nd international colloquy on the European Convention of Human Rights, Vienna, 470-477.
- There are currently no refbacks.