Analysis of International Refugee Laws and Refugee Protection Framework in Sri Lanka: Challenges and Opportunities

Abstract

This paper offers a unique and elaborate epistemological understanding of the international refugee law structure as well as the status quo of Sri Lanka on refugee related aspects. Paper examines the historical background on international refugee laws and its importance most notably the 1951 Refugee Convention and its 1967 Protocol, the OAU Convention and the Cartagena Declaration. This paper reviews the procedural safeguards with regards to the determination of refugee status, using the previous jurisprudence of the Treaty Bodies as a means for changes in Sri Lanka’s system. References are made with the EU’s Dublin Regulation through the proposed structured approach to the refugee claiming process and the adjudication possibilities for Sri Lanka to learn from the Dublin Regulation are suggested. The issues raised include armed conflict, terrorism, and the role of refugees in the modern world as well as changes in the factors affecting migration. Based on this, the paper establishes an assessment of possible recommendations on lucrative legal and procedural developments on refugee protection in Sri Lanka, and the suggested measures for future improvements that aim not only at increasing the efficiency of the existing protection system but also at pursuing both neutral and compliance with global standards.