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Voluntary Return from Sweden to Afghanistan: the legality of UNHCR's participation in a tripartite Memorandum of Understanding

Lengquist, Victor (2008)
Department of Law
Abstract
This thesis evaluates the conduct of the United Nations High Commissioner for Refugees in relation to a tripartite Memorandum of Understanding with Sweden and Afghanistan, which aims to facilitate voluntary return of Afghan asylum seekers from Sweden to Afghanistan. The Memorandum was concluded in the context of deteriorating security in Afghanistan and the vocal opposition of a community of asylum seekers opposed to return. The thesis establishes that the High Commissioner's purpose include inter alia the protection of asylum seekers' rights and welfare. It is also determined that the High Commissioner possesses sufficient international personality to conclude treaties, and that the Memorandum is a treaty. But after establishing the... (More)
This thesis evaluates the conduct of the United Nations High Commissioner for Refugees in relation to a tripartite Memorandum of Understanding with Sweden and Afghanistan, which aims to facilitate voluntary return of Afghan asylum seekers from Sweden to Afghanistan. The Memorandum was concluded in the context of deteriorating security in Afghanistan and the vocal opposition of a community of asylum seekers opposed to return. The thesis establishes that the High Commissioner's purpose include inter alia the protection of asylum seekers' rights and welfare. It is also determined that the High Commissioner possesses sufficient international personality to conclude treaties, and that the Memorandum is a treaty. But after establishing the source and content of rules governing the High Commissioners activities, this thesis concludes that the Commissioner has breached said rules since its participation in the Memorandum is detrimental to the rights of asylum seekers. The Author argues that such a violation of internal rules is an illegal act, for which those that the High Commissioner is supposed to protect are left without recourse to a remedy. For this reason the High Commissioner should revive its focus on strict adherence to legal norms. (Less)
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author
Lengquist, Victor
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Folkrätt
language
English
id
1559537
date added to LUP
2010-03-08 15:55:24
date last changed
2010-03-08 15:55:24
@misc{1559537,
  abstract     = {This thesis evaluates the conduct of the United Nations High Commissioner for Refugees in relation to a tripartite Memorandum of Understanding with Sweden and Afghanistan, which aims to facilitate voluntary return of Afghan asylum seekers from Sweden to Afghanistan. The Memorandum was concluded in the context of deteriorating security in Afghanistan and the vocal opposition of a community of asylum seekers opposed to return. The thesis establishes that the High Commissioner's purpose include inter alia the protection of asylum seekers' rights and welfare. It is also determined that the High Commissioner possesses sufficient international personality to conclude treaties, and that the Memorandum is a treaty. But after establishing the source and content of rules governing the High Commissioners activities, this thesis concludes that the Commissioner has breached said rules since its participation in the Memorandum is detrimental to the rights of asylum seekers. The Author argues that such a violation of internal rules is an illegal act, for which those that the High Commissioner is supposed to protect are left without recourse to a remedy. For this reason the High Commissioner should revive its focus on strict adherence to legal norms.},
  author       = {Lengquist, Victor},
  keyword      = {Folkrätt},
  language     = {eng},
  note         = {Student Paper},
  title        = {Voluntary Return from Sweden to Afghanistan: the legality of UNHCR's participation in a tripartite Memorandum of Understanding},
  year         = {2008},
}