International Journal of Refugee Law
Volume 24, Issue 2, 2012, Pages 231-262
Uganda's invocation of cessation regarding its rwandan refugee caseload: Lessons for international protection (Article)
Mcmillan K.E.*
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a
McGill University, Canada, Univ. of Ottawa, Canada
Abstract
The invocation of Clause 1C(5) of the Refugee Convention 1951, the ceased circumstances cessation clause, is a site of negotiation between the legal principles that underpin the international refugee protection regime and the practical constraints of international politics. On 13 May 2010, a Tripartite Commission, composed of the governments of Uganda and Rwanda and UNHCR, issued a joint communiqué announcing that, on 31 December 2011, the Government of Uganda will apply the cessation clause to its Rwandan caseload. This article contends that the practice of cessation as it is unfolding in the Uganda-Rwanda context does not satisfy the substantive and procedural legal requirements of the ceased circumstances cessation clause, as elaborated by UNHCR's Guidelines on International Protection: Cessation of Refugee Status under Article 1C(5) and (6) of the 1951 Convention relating to the Status of Refugees. Rather, cessation is being utilized prematurely as a tool to end a protracted refugee situation, in a way that risks further undermining the integrity of the refugee protection system. In particular, Uganda's creation of a situation of 'constructive cessation' demonstrates the challenges in reconciling the individualized evaluation of persecution with the invocation of cessation for a group; the principles of non-refoulement with the surrogate character of the international protection system; and ongoing protection objectives with the search for durable solutions. © The Author (2012). Published by Oxford University Press. All rights reserved.
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Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-84865389435&doi=10.1093%2fijrl%2fees025&partnerID=40&md5=b9ac8c6b6809908b4abab074e511be27
DOI: 10.1093/ijrl/ees025
ISSN: 09538186
Cited by: 3
Original Language: English