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raghunath (advocate)     25 September 2008

refuge laws

can the money spent on refugees be claimed from parent country by asylum country as compensation??



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 2 Replies

N.K.Assumi (Advocate)     26 September 2008

There is no easy answer to your question. It alll depends on the relatiionship between your State of origin and the asylum state where you are physically present.Refugees problem was assumed as distinct problem from human rights problem, but  the international community is shifting the refugee problem with the twin concept of "international community and common humanity." and there is a growing realisation towards integration of  human rights law and humanitarian law with refugee law. Judge by this standard, you are entitled to get the relief as mentioned. However the difficulty is that you have left your origin State for reason of fear of persecution endangering your life,security and integrity, as such it may be difficult for you to claim the compensation through you host country, as your State of origin may refused such compensation. For example in Bosnia, the Bosnias' refugees on return to their home state they were refused to reclaim their old homes or political rights. Thus it is not the law but the will of the State that alone will determine the case.


 


            In the classic case of Western Sahara decided by the International Court of Justice, ICJ Reports (1975) 12 at page 85-86, the learned Judge Observed, "the ancestarl tie between the land and the man who was born there from, remains attached thereto, and must one day return there to be united with his ancestors. This link is the basis of ownership of the soil.


 


  

SANJAY DIXIT (Advocate)     26 September 2008

Dear Assumi,
Thanks for the useful information.

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