Maximum word length for the entire paper: 6000 words including footnotes (do not use a bibliography)
Candidates must answer TWO questions: Section A, which is compulsory, and one more from Section B. The questions are of equal value.
Section A (Compulsory)
1. There has been an on-going conflict in Usydnia for the past 20 years between the majority Usyds and the United Nation of Sydnian Warriors (UNSW). The latter consists of all the other ethnic groups in Usydnia, that is, Arcadians, Belgravians and Caledonians, who are fighting for secession of that part of the territory of Usydnia where they live. During the 20 years of conflict, over 30 per cent of the population has been displaced, some across international borders, some within Usydnia. The conflict started between the Usyds, who control the government and the military, and the Arcadians. Some Arcadians have been displaced for the whole conflict and have obtained refugee status in Hibernia, a European state that is party to the 1951 Convention Relating to the Status of Refugees, its 1967 Protocol and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Subsequently, the Belgravian and Caledonian minority groups joined with the Arcadians to form the UNSW. It is accepted that the government forces and the UNSW rebel movement have both committed war crimes and crimes against humanity. Equally, there are parts of Usydnia that are unaffected by the conflict, but these areas tend to be inhabited solely by either Usyds or Arcadians.
Consider the following scenarios:
a. Phloughee is Arcadian and was a banker who provided funds to the UNSW rebels. As a result of the conflict, he has been forced to flee to the neighbouring state of Brisbania where he has sought refugee status. Brisbania is a party to the 1951 Convention Relating to the Status of Refugees and the International Covenant on Civil and Political Rights. UNSW forces have a reputation for mistreating civilian Usyds as part of the conflict, although Phloughee denies this was official policy, he claims that he never knew at the time that it was occurring and that he was never present, and, finally, that all such allegations were investigated by the UNSW army command. Advise Phloughee’s lawyer as to Phloughee’s claim.
b. Jania is an ethnic Belgravian woman and a doctor. She has sought protection in Melbourna, another neighbouring state, with her 12 year old daughter, Shardonnai. Melbourna is a party to the 1951 Convention Relating to the Status of Refugees, its 1967 Protocol and the International Covenant on Civil and Political Rights. Jania claims that all sides in the conflict mistreat women and that the conflict has meant there are no real educational opportunities for children in Usydnia. The Melbournan authorities claim that Jania could return to a different part of Usydnia where the conflict is not taking place, but she says that as a doctor she treated UNSW rebel fighters as well as government troops, so this means she could be prosecuted for “assisting the enemy”. Advise Jania regarding her personal application and on behalf of Shardonnai.
c. Dixonia is a small town in part of Usydnia that is the centre of fierce fighting. Many people from the surrounding region sought protection there as the conflict intensified. It has been cut off from the outside by Usydnian government forces for over three months – the government claims it is full of rebel fighters. There are severe shortages of food and medicine. UNHCR has requested that the government let it deliver humanitarian supplies to the people in the town who include IDPs and, strangely, a small refugee population from the state of Tazmia. The government claim that it cannot allow the relief to be delivered because it will provide sustenance to the rebels. Advise UNHCR.
d. The UN is negotiating a peace agreement between the government and the UNSW. The motivation has come from a current member of the Security Council, Hibernia, which claims it is safe for all the Arcadians on its territory to return because of their long time out of Usydnia. Hibernia has drafted a Chapter VII resolution to authorise the return of all refugees back to Usydnia in the event the peace agreement is signed so as to help restore the country in the aftermath of the war. Advise the refugees about this possibility and, in particular, Xara who was the victim of severe abuse at the hands of government forces twenty years ago for which she is still receiving counselling, a resource that would be unavailable in Usydnia even if a peace agreement is reached.
Section B (select one question)
2. “A thorough understanding of refugee status and non-refoulement under the 1951 Convention relating to the Status of Refugees is essential in all situations of displacement, but it is hardly ever adequate on its own”. Discuss
3. To what extent can UNHCR draw on international law, hard and soft, to justify its extended operational activities as still within its original mandate?
4. “Those fleeing armed conflict raise a whole host of questions as regards protection under the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol as well as the regional protection mechanisms”. Discuss.