National interests vs. human rights of refugees: History and current issues of refugees.

摘要

This article points out about three important factors to understand about the Refugee Convention. One is that the Refugee Convention has been a tool to protect the member countries' political interests. After World War II, there were many refugees, and the United Nations Convention relating to the Status of Refugees of 1951 and the 1976 Protocol (the "Refugee Convention") was established in Europe. However, the Refugee Convention actually has been used to protect the political interests of many of the states that are signatories of the Convention, rather than protecting the human rights of refugees. The United States and the Western industrial countries' refugee policies during the Cold War were focused against communism.;Second is that the Refugee Convention has not worked well because of conflicts with the member countries' domestic laws, and the NHCR does not have an authority over their domestic laws. Accepting or refusing refugees depends largely upon an individual state's will. Each country has a different domestic law with respect to accepting refugees into their countries and UNHCR does not have any power to compel its member countries to accept refugees.;Finally, the Refugee Convention was established in Europe where the concept of human rights is different compared with Eastern countries. Moreover, Eastern countries, such as Japan, have a different vision of human rights, and their understanding of human rights is unique when compared with Western countries. Specifically, traditional Japanese culture and values, such as Confucianism, Shinto, and Taoism, that continues to influence its international relations policies, including toward refugees. The Refugee Convention is not related to Eastern countries' beliefs.