The Right of Refugees to Durable Solutions: An Examination of the Situation of Iraqi Refugees

Resumen

This research explores the legal nature of the right of refugees to durable solutions. This right has not been explicitly stated in any international instrument, nor has it been considered systematically in the literature. However, the existence of this right can be found in the combined effect of other legal obligations of States of a diverse legal nature, including the UN Charter, the Refugee Convention, UNGA resolutions, the UNHCR Statute, and ExCom conclusions. The right of refugees to durable solutions will be explored in the context of Iraqi refugees in protracted situations. It will be argued that this is a right of refugees as a matter of international law rather than merely a policy tool at the discretion of the State. For Iraqi refugees, this right is to be materialised in resettlement in a third country, in agreement with the UNHCR that resettlement to third countries is the only possible solution for Iraqi refugees. The thesis concludes by asserting that there is a right to durable solutions in international law in the making (lege ferenda) and that refugees are the subject of this right. This thesis suggests that the international community might consider taking steps towards a formal recognition of this right in an internationally binding instrument. This is a right that refugees should be entitled to access and, given the urgency of refugee situations, the international community, acting through the UNHCR, has the responsibility to develop, recognise it formally and effectively implement it. An explicit recognition of this right will significantly contribute to alleviating the plight of refugees. The findings from this research will make several contributions to the current literature, given the emerging displacements in a number of countries, including Middle Eastern countries, as well as the terrible loss of life of thousands of migrants in the Mediterranean and Andaman seas. Hence, the ongoing refugee crisis has made this research even more timely and relevant.