International legal frameworks and enforcement mechanisms in addressing the protection gap for refugees and asylum seekersthe recent refugee crisis in the Middle East

  1. Das Gupta, Srabonty
Supervised by:
  1. Juan Francisco Escudero Espinosa Director

Defence university: Universidad de León

Fecha de defensa: 15 November 2024

Committee:
  1. Jorge-Antonio Quindimil-López Chair
  2. Laura Movilla Pateiro Secretary
  3. Juan Manuel Bautista Jiménez Committee member

Type: Thesis

Abstract

The armed conflicts in Syria and Palestine epitomize the profound complexities and challenges inherent in forced migration within the Middle East. The displacement of over half of Syria's pre-war population has resulted in one of the most significant humanitarian and refugee crises in recent history, affecting not only Syria but also neighboring countries and regions across the Middle East. In response to this crisis, this thesis endeavors to contribute to scholarly understanding by conducting a regional analysis of the legal frameworks governing refugee protection in the Middle East. Beyond merely examining the experiences of individuals fleeing their countries of origin, this thesis undertakes a critical evaluation of the respective regional legal frameworks of Middle Eastern countries. In this context, the thesis calls on a comprehensive examination of the protection available for the refugees in general under the international and seek further analysis on the protection gaps within the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees, with a specific focus on the Middle East region. By identifying these gaps, the thesis aims to address the inadequacies of the current refugee protection regime and explore alternative pathways to enhance refugee protection. The primary objective of the thesis is to identify specific gaps in protection within the 1951 Convention and its 1967 Protocol, which serve as the cornerstone of international refugee law. Despite their significance, these instruments have faced criticism for their limited scope and applicability, particularly in light of evolving global migration patterns and humanitarian crises. Through a meticulous analysis of the provisions and implementation challenges of these instruments, the thesis aims to pinpoint areas where protection is lacking or insufficient. Furthermore, the thesis explores the intersectionality between international refugee law, international human rights law, and international humanitarian law, recognizing that refugees are entitled to broader human rights and humanitarian considerations beyond the specific legal protections provided by the 1951 Convention and its Protocol. Additionally, the thesis delves into the regional refugee protection mechanisms in the Middle East, with a particular focus on Lebanon, and Turkey. These countries have received significant international attention due to their roles as major hosts of refugees and asylum seekers, especially in the context of ongoing conflicts and displacement in the region. By conducting detailed case studies of these countries' refugee policies and practices, the thesis aims to assess the effectiveness of regional approaches to refugee protection and identify best practices that can inform broader efforts to address protection gaps. However, despite the existence of legal frameworks and regional mechanisms, the Middle East region has fallen short in effectively sharing responsibilities and adequately addressing the needs of refugees fleeing countries like Syria and Palestine. The shortcomings in legal frameworks and institutional capacity have exacerbated the challenges faced by refugees in the region. The thesis concludes that while the international refugee regime provides a crucial framework for refugee protection, it is not without its shortcomings. By exploring the intersections between international refugee law, international human rights law, and international humanitarian law, as well as regional approaches to refugee protection in the Middle East, the thesis identifies key areas for improvement and proposes viable pathways for enhancing refugee protection in the region.