الضوابط القانونية لحق اللجوء وتطبيقاته المعاصرة: دراسة مقارن

Abstract

The Human rights in this era are facing many problems, the most important of which is the refugee problem with its human, economic, social and security dimensions. Internationally, regionally, locally and in the African continent in particular, Sudan is at the forefront of African countries suffering from the reception of refugees. The study aims to define the refugee in jurisprudence and legal terminology; the historical background of the phenomenon of refugee since ancient times; the evolution that accompanied it at various stages; the conditions of granting asylum in the perspective of Islamic law , international and regional conventions in modern times; ; The definition of the rights of refugees in the country of refuge; the criteria upon which country depend on granting or not granting such a right; the cases of expulsion of refugees from the country of refuge; the study of the problem and how to solve or limit them; The researcher chose some of the countries to study as one of the most productive or exporting countries. He referred to the most important permanent solutions which are now applied according to the conditions of the refugees. And the role played by Sudan in the hosting of refugees and the policies it has adopted and continues to adopt towards refugees; the comparative study of international asylum law and national asylum law with their most important differences; and examples of applications to these controls. The research followed the descriptive, historical and analytical methods. The study comes up of results according to the following study hypotheses: 1. Sudan is one of the first countries to ratify the international and regional conventions on the African continent, under which the national asylum law was issued in 1974; the first of its kind in Africa; it was the largest country hosting refugees in the countries of the Horn of Africa. 2. The tribal, ethnic and religious interplay of the majority of refugees with the host community was a reason for the smooth flow of refugees and coexistence with them. The most important recommendations: 1. The problem of asylum should be studied at the root of the situation of the exporting countries from which the refugees emigrate; and the creation of a punitive character in international conventions to punish Governments that have caused displacement and displacement of their peoples and jeopardized their lives and freedoms. 2. Uniform the definition of the word refugee should be found in all international and regional conventions, including social and physical security and victims of natural disasters; volcanic earthquakes; drought, desertification and others.