PERAN UNHCR DALAM PENERAPAN PRINSIP NON REFOULEMENT TERHADAP PENGUNGSI YANG MENCARI SUAKA DI WILAYAH UNI EROPA TERKAIT YURISDIKSI FRONTEX

VIDI SUHARTANTO DJOU, HENDRIKUS (2015) PERAN UNHCR DALAM PENERAPAN PRINSIP NON REFOULEMENT TERHADAP PENGUNGSI YANG MENCARI SUAKA DI WILAYAH UNI EROPA TERKAIT YURISDIKSI FRONTEX. S1 thesis, UAJY.

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Abstract

This essay discuss about the protection of Refugees in European Union territory where this refugee has receive some treatment that against the Non Refoulement Principal in Geneva Convention 1951, and also discuss UNHCR role as the UN agency who have task to give refugee protection and in order to keep the Non Refoulement Principal going in every states, if viewed Jurisdiction of European Union border security Frontex that is set up base on Schengen Code in 1980. Problem Formulation in this research is How UNHCR role in the application of the principle of non-refoulement of refugees in the EU related to the jurisdiction of Frontex. This Legal Research conducted in Normative way, by reviewing the materials library (literature study). the data used in this research is secondary data, which include the primary legal materials, secondary, and tertiary. In this research it can be concluded that Frontex in their action as border security in European Union Territory not fully respect the Geneva Convention 1951 and New York Protocol 1967, which can lead to Massive Breach of Human Rights that can classified as Crime Against Humanity. Status determining for people that can be classified as Refugees is not the Frontex Authorities but the authority of the receiving State in accordance with the contents of the 1951 Convention and the 1967 Protocol. UNHCR as the agency who have the authorities to deal with Refugee problem, react as the guardian of Non Refoulement Principal, where in their action they has a position as head of operations related to refugees and cooperation with the countries or international organizations in order to ensure the protection of refugees in the EU. UNHCR need to do some supervision In every operation relating to protection of refugee in European Union Territory that already coordinated by Frontex, and also the need for decisive action meted out to violators of the principle of non refoulement which is already classified as crimes against humanity, which can be tried at the International Human Rights Court.

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