Term and Legal Foundations of Displaced Persons
The term Displaced persons (German: “Vertriebene” or “displaced persons/DPs”) describes individuals who have been forced to leave their country of origin or habitual residence due to armed conflict, human rights violations, natural disasters, or other compelling circumstances. In legal terms, “displaced persons” refers both to refugees in a cross-border sense and to internally displaced persons (English: Internally Displaced Persons, IDPs). The treatment, status, and protection of displaced persons are regulated internationally and nationally by various legal instruments.
International Legal Framework for Displaced Persons
International Law Definitions
There is no uniform definition of the term “displaced person” under international law. However, the following distinctions are widely used:
- Refugees according to the 1951 Geneva Refugee Convention (English: Refugee Convention), are persons who have left their home country “for fear of persecution.”
- Internally Displaced Persons (IDPs) are people who have been displaced for similar reasons as refugees, but remain within the borders of their home state.
Relevant International Treaties
Geneva Refugee Convention (1951) and the 1967 Protocol
The Geneva Refugee Convention constitutes the key international regulatory framework for refugee protection. It grants recognized refugees certain rights, such as protection against refoulement (“Non-Refoulement”), access to courts, education, and employment. The 1967 Protocol lifted the Convention’s original geographic and temporal restrictions.
Guiding Principles on Internal Displacement (1998)
There is no binding international convention specifically for internally displaced persons. The “Guiding Principles on Internal Displacement” developed by the United Nations serve as the main standard for the protection and support of IDPs at national and international levels. They are based on existing human rights treaties and international humanitarian law.
Other International Legal Instruments
- The United Nations Human Rights Covenants (e.g., International Covenant on Civil and Political Rights) generally also apply to displaced persons.
- In regional contexts, such as within the African Union, supplementary agreements exist (e.g., the 2009 Kampala Convention on the Protection and Assistance of Internally Displaced Persons in Africa).
Characteristics and Legal Status of Displaced Persons
Distinction Between Refugees and Internally Displaced Persons
A key distinguishing feature of displaced persons is whether they have crossed an international border. Refugees, as cross-border displaced persons, fall under the rules of the Geneva Refugee Convention. Internally displaced persons, on the other hand, remain within their country and rely on domestic protection, supplemented by international human rights and humanitarian standards.
Rights of Displaced Persons
Refugees
Recognized refugees are entitled to the following rights under certain conditions:
- Right to Non-Refoulement
- Right to protection, shelter, healthcare, and education
- Equal employment rights with nationals
- Right to documentation (e.g., travel documents)
Internally Displaced Persons
Formally, IDPs continue to have full civil rights. The “Guiding Principles” emphasize, among others:
- Protection against forced return to dangerous locations
- Facilitated access to humanitarian aid
- Measures against discrimination due to displacement
International Protection Mechanisms and Monitoring
Role of the United Nations and Its Agencies
UNHCR
The United Nations High Commissioner for Refugees (UNHCR) is the main international organization responsible for the protection, support, and lasting solutions for refugees and other displaced persons. Its mandate, scope, and authority are defined in the 1950 agreement and the Refugee Convention.
OCHA and the Protection of IDPs
The United Nations Office for the Coordination of Humanitarian Affairs (OCHA), together with UNHCR and the International Committee of the Red Cross (ICRC), assumes coordinating responsibilities for the protection of IDPs.
Monitoring and Reporting
International organizations document the situation of displaced persons and make recommendations for their protection.
National Law and Implementation
Implementation of International Requirements
States which have ratified the Geneva Refugee Convention are obliged to incorporate its standards into national law (e.g., asylum laws, admission laws). For IDPs, states must provide protection and assistance according to their human rights obligations, even without a binding special agreement.
Asylum Procedures and Recognition
In Germany and the European Union, recognition as a refugee occurs after detailed individual assessments by authorities (such as the Federal Office for Migration and Refugees). IDP status is generally determined when international organizations provide assistance within the country of origin.
Challenges and Current Developments
Legal Gaps and Protection Deficits
Despite minimum standards under international law, there are often protection deficits for IDPs, particularly in cases of internal conflicts or lack of implementation of the guidelines at the national level. Also, the “displaced person” status does not, beyond international treaties, automatically create a right to admission or special protection.
New Causes of Displacement
The effects of climate change, environmental disasters, and wide-ranging, cross-border crises are leading to an increase in displaced persons, but so far, no specific international legal mechanisms are in place.
Conclusion
Displaced persons is a collective term for persons who are forced to leave their habitual residence because of violence, persecution, or disasters. The legal status of these individuals varies depending on the type of displacement (cross-border or internal) and is subject to both international and national regulations. While comprehensive norms exist for refugees, the protection of IDPs often remains inadequate. The ongoing rise in global displacement underscores the need for continued development and strengthening of the legal framework for displaced persons.
Frequently Asked Questions
What legal entitlements do Displaced Persons have to asylum in Germany?
Displaced persons may apply for asylum in Germany under certain conditions. German asylum law is based on the Basic Law (Article 16a GG), the Asylum Act (AsylG), the Geneva Refugee Convention (GRC), and the regulations of European asylum law (in particular, the Qualification Directive and the Dublin III Regulation). To obtain asylum, an individual must demonstrate that they are persecuted for one of the reasons specified in Article 16a GG and § 3 AsylG, such as political persecution, or on grounds of race, religion, nationality, or membership of a particular social group, or as defined by the GRC. Additionally, there is subsidiary protection under § 4 AsylG for individuals at serious risk in their country of origin, such as torture, the death penalty, or war. The legal process of the asylum procedure includes applying to the Federal Office for Migration and Refugees (BAMF), a comprehensive interview, an official review, and the possibility of judicial review of negative decisions. Displaced persons have rights to interpretation, the right to be heard, and, in certain circumstances, access to legal advice during the procedure.
Are there special residence rights for Displaced Persons if they are not recognized as refugees?
Yes, displaced persons can also obtain residence rights even if they are not recognized as refugees under the Geneva Refugee Convention. The Residence Act (AufenthG) provides various options, such as subsidiary protection (§ 4 AsylG), bans on deportation (§ 60 paragraphs 5 and 7 AufenthG), or, in particular in cases of humanitarian reasons, a residence permit under § 25 paragraphs 4, 5, or 5a AufenthG. These provisions apply if deportation to the country of origin is impossible or unreasonable for legal or humanitarian reasons, for example, due to the risk of death penalty, torture, inhuman treatment, or serious individual danger. Each status comes with different rights and obligations and is subject to regular review.
How are Displaced Persons treated legally regarding family reunification?
Under residency law, recognized refugees and persons entitled to subsidiary protection generally have a right to family reunification (§§ 29 et seq. AufenthG). The group of eligible family members is clearly defined by law and usually includes spouses and minor unmarried children. Special deadlines must be observed, particularly for family reunification with persons entitled to subsidiary protection, which requires strict criteria and a timely application. For persons with humanitarian residence rights or only temporary suspension of deportation (“Duldung”), rights to family reunification are considerably restricted and are examined individually by the authorities, taking into account any special protection needs.
What legal restrictions apply to Displaced Persons regarding employment and training?
The possibility to work and access training depends on the residence status of the displaced person. While asylum seekers and persons with temporary suspension of deportation (“Duldung”) may be subject to an employment ban for a certain period (§ 61 AsylG), recognized refugees and beneficiaries of subsidiary protection generally have unrestricted access to the labor market and may take up gainful employment. Employment is, however, always subject to the approval of the immigration authority and, if applicable, the Federal Employment Agency, with priority and labor market checks possibly applying. There are special regulations for training, such as training permissions for persons with “Duldung” under certain conditions (§ 60a paragraph 2 sentence 4 AufenthG). The relevant regulations are continuously being updated.
Are Displaced Persons subject to specific registration or residence requirements in Germany?
Displaced persons are subject to specific registration and residence obligations, which vary depending on their immigration status and procedural stage. During the ongoing asylum procedure, there is an obligation to register and reside in an assigned initial reception facility (§ 47 AsylG). Generally, there are also geographical restrictions for a certain period (§ 56 AsylG) and, for persons with “Duldung,” a residency requirement (§ 61 paragraph 1d AufenthG). Breaches of these obligations can have consequences under immigration and administrative law. After recognition or issuance of another residence permit, these restrictions may be lifted, although special regulations such as residency assignments (§ 12a AufenthG) may continue to apply.
How are minor Displaced Persons given special legal protection?
Minor displaced persons are granted special status and protection under German law (SGB VIII, BGB), as well as European and international standards (e.g., UN Convention on the Rights of the Child). Unaccompanied minor refugees are taken into care by the youth welfare office (§ 42 SGB VIII) and assigned a guardian. In asylum proceedings, special procedural guarantees and specially trained interviewers are provided to ensure child-appropriate processes and hearings. Their rights to education, healthcare, and care are specifically guaranteed by law. Deportations of minor displaced persons are subject to particularly strict requirements and must take into account the best interests of the child.
What legal options do Displaced Persons have for challenging a negative administrative decision?
Displaced persons have access to legal remedies against negative decisions in asylum and immigration proceedings. The Asylum Act provides detailed remedies, such as complaints to the administrative court (§ 74 AsylG) against a rejected asylum application. Specific deadlines apply: typically, the appeal period is two weeks, or one week for so-called “manifestly unfounded” decisions. In immigration law, remedies likewise exist against negative or derivative administrative acts (§ 80 et seq. VwGO). In court proceedings, parties may be entitled to legal aid under certain conditions, as well as attorney support. Expedited proceedings to stop deportation measures are also possible.
