ANTÓNIO GUTERRES, 2011 UN HIGH COMMISSIONER FOR REFUGEES (2005-2015)

Status of Refugees 1951:

• In 2018, 70.8 million people were forcibly displaced worldwide as a result of conflict or violence.

• Refugees fleeing their country arriving to Australia

Article 1 – Definition of the term “refugee”

A. For the purposes of the present Convention, the term "refugee" shall apply to any person who:

(2) As a result of events occurring before 1 January 1951 and owing to well-founded fear of being persecuted for

reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it…

Protocal Relating to the Status of Refugees 1967:

The refugees that were displaced and forced to flee their homeland because of war or violence and the refugees that were forced to flee due to action that took part past January 1st 1951

According to UNHCR the 1951 Convention,

‘…provides the most comprehensive codification of the rights of refugees at the international level.’

It's purpose is to lay down the basic minimum standards for the treatment of refugees.

Protocal Relating to the Status of Refugees 1967:

To continue to ensure all refugees displaced had the right to seek and stay in other countries. The new convention states all refugees no matter the time the action took place have access to seek shelter in other countries

Main features include defining discrimination against women, mandating legal and institutional reforms, ensuring women's reproductive rights, targeting cultural and traditional gender roles, and combating trafficking and exploitation of women. It also requires states to submit regular reports on their compliance.

CEDAW broadly covers all the different aspects of women's rights, which include political participation, health, education, employment, marriage, family relations and equality before the law.

Australia has duties to protect the human rights of refugees and asylum seekers as a result of its ratification of the 1951 Convention and the 1967 Protocol. "The conditions for people in immigration detention, and the manner in which they are treated while in detention, should comply with these human rights obligations," according to the Human Rights Commission. Australia's refugee laws, policies, and procedures continue to be a source of controversy because some people think we are not upholding our international human rights duties.

The 1967 Protocol and the 1951 Convention are not overseen by a single entity. The United Nations High Commissioner for Refugees (UNHCR) is the primary United Nations agency responsible for overseeing and safeguarding refugees. The 1967 Protocol and the 1951 Convention are under the "guardianship" of UNHCR. In1950, the UNHCR was founded.
The United Nations Relief and Rehabilitation Administration and the International Refugee Organisation (IRO) were two UN entities that were founded and later dissolved.

The convention gives positive affirmation to the principle of equality. The main purpose of CEDAW is to set out crucial steps that ensure the elimination of discrimination in all forms towards women. It is considered the "International Bill of Rights" for women.

The Committee reviews these reports and offers observations, establishing areas of concern and offering recommendations for improvement.

The CEDAW committee is made up of 23 independent members who have been elected by the states who have signed to CEDAW. This committee meets three times a year to address specific issues relating to CEDAW. This is to monitor and report on any issues/progress of the states that have signed to CEDAW.

Concerns equality before the law, establishes dispute resolution mechanisms, prohibits incitement of racial hatred, condemns racial discrimination, apartheid and racial segregation

• The 1951 Convention defines who a refugee is, refugees’ rights and responsibilities, and the legal obligations of States relating to the treatment and protection of refugees.

• It also states which individuals do not fall into the Convention.

• The 1951 Convention is a document that is focused on rights as well as status. This implies that it designates refugees as a distinct group of people in need of aid and grants those people certain rights.

• The non-refoulement principle is among the most significant tenets of the 1951 Convention. As a result, nations are obligated to refrain from returning refugees to areas where they face persecution.

CEDAW is not the basis of law or policy reform. It does not provide expressly for equality, nor does it provide for positive obligations for the government to eliminate indirect discrimination and to implement temporary special measures. There is a lack of binding framework for accountability of the states to prevent and eliminate discrimination and violence against women and girls.

• Racial Discrimination Act 1975 (RDA): To implement ICERD domestically.

• Prohibition of Racial Discrimination: The RDA makes it unlawful to discriminate against people on the grounds of race, color, descent, or national or ethnic origin in various areas of public life, including employment, education, access to services, and housing.

• Racial Hatred Act 1995: An amendment to the RDA, this act specifically addresses and prohibits acts of racial hatred, aligning with ICERD's provisions on combating incitement to racial discrimination and hate speech.

• Australian Human Rights Commission (AHRC): The AHRC plays a crucial role in promoting and protecting human rights in Australia, including the rights outlined in ICERD. Handles complaints related to racial discrimination and provides education and advocacy on racial equality.

• Race Discrimination Commissioner: Within the AHRC, the Race Discrimination Commissioner specifically addresses issues of racial discrimination and works towards promoting racial equality and harmony.

• State Reports to CERD: Australia is required to submit periodic reports to the Committee on the Elimination of Racial Discrimination (CERD) detailing the measures taken to implement ICERD.

UNESCO aims to build peace through international combined effort in education, science, and culture. It promotes respect for human rights and fundamental freedoms, including the elimination of racial discrimination, through educational programs, cultural initiatives, and the spreading of knowledge.

UN WOMEN: CEDAW obliges states to protect women from all forms of violence. UN Women’s efforts to eliminate violence against women directly support this. CEDAW promotes equal economic rights for women. UN Women’s initiatives to ensure women’s economic empowerment align with these goals. CEDAW is a key international treaty for women’s rights, and UN Women’s role in supporting global standards directly ties to advocating for CEDAW’s implementation.