This page provides information on LEGAL CONTACTS – to facilitate access to free legal assistance – and LEGAL RESOURCES – to offer the information necessary for legal service providers in adjudicating a Refugee Status Determination (RSD) claim. Under Legal Resources, we gather International Legal Instruments in Refugee Law, information on Regional Human Rights Bodies, RSD Specific Resources, and a collection of Case Law Databases.
Legal Contacts
This section contains a centralised database of contact details of free legal assistance providers in over 160 countries, a database of the country of origin experts, and information on legal processes relating to refugees.
Legal Assistance
Country of Origin Information
UNHCR Country Offices
Legal Resources
Main International Legal Instruments related to Refugee Law
International refugee law protects people who seek asylum from persecution, and those who have been recognized as refugees. The most important international legal instruments it comprises are:
Convention and Protocol Relating to the Status of Refugees
The 1951 Convention relating to the Status of Refugees (also known as Geneva Convention or 1951 Convention) and its 1967 Protocol are the most detailed and widely accepted international codification of refugee rights. The 1951 Convention provides a definition of “refugee” and spells out the legal status of refugees, including their rights and obligations. This page provides a short guide on the 1951 Convention and its main provisions. For a more comprehensive guide by UNHCR, see the Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees.
Convention Governing the Specific Aspects of Refugee Problems in Africa (OAU Convention)
The Convention governing the Specific Aspects of Refugee Problems in Africa is the regional legal instrument governing refugee protection in Africa. It was adopted on 10 September 1969 at the sixth ordinary session of the Organization of African Unity, now African Union (AU). The 1969 Convention expanded the 1951 definition of refugee and introduced significant advances from the Geneva Convention – e.g. on refugee discrimination and the principle of non-refoulement. This page provides a short guide on the 1969 Convention and its main provisions.
Cartagena Declaration on Refugees
The Cartagena Declaration on Refugees is a non-binding regional, i.e. Latin-American, instrument for the protection of refugees and was adopted in 1984 by delegates from 10 Latin-American countries and has since been incorporated into the national laws and state practices of 14 countries. Compared to the 1951 Convention and the 1967 Protocol, and drawing from the OAU Convention, the Declaration allows a broader category of persons in need of international protection to be considered refugees. This page provides a short guide on the 1984 Convention and its main provisions.
Regulation (EU) No 604/2013 (Dublin III)
The Dublin III Regulation (previously the Dublin II Regulation and Dublin Convention) is an EU law that establishes the criteria and mechanisms for determining which EU Member State is responsible for the examination of an application for asylum, lodged by persons seeking international protection under the Geneva Convention and the EU Qualification Directive, within the EU.
Global Compact on Refugees
The Global Compact on Refugees is a framework affirmed on 17 December 2018 by the United Nations General Assembly for more predictable and equitable responsibility-sharing, recognizing that a sustainable solution to refugee situations cannot be achieved without international cooperation. It provides a blueprint for governments, international organizations, and other stakeholders to ensure that host communities get the support they need and that refugees can lead productive lives. It’s four key objectives are to:
- Ease the pressures on host countries;
- Enhance refugee self-reliance;
- Expand access to third-country solutions;
- Support conditions in countries of origin for return in safety and dignity.
Tools for refugee protection in the Asia-Pacific region
Many countries in the Asia-Pacific region are not parties to the Geneva Convention or its Protocol, but some are at least parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and/or the International Covenant on Civil and Political Rights. These treaties impose non-refoulement obligations which are not limited in application to “refugees” within the meaning of the Refugee Convention and Protocol and are not subject to exceptions. For more information visit:
- Our Refugee Protection in the Asia-Pacific Region page, which focuses on international and regional instruments and initiatives relevant to refugee protection in the region
- Pathways to Migrant Protection: A Mapping of National Practice for Admission and Stay on Human Rights and Humanitarian Grounds in Asia and the Pacific (United Nations, 2022), an excellent resource for those interested in the protection practice of individual countries in the region
A complete list of all policies, instruments and guidance related to refugee protection can be found in the UNHCR Protection Manual. It is updated whenever a new protection policy or guidance document is published, and can thus be relied upon to represent the latest UNHCR protection policy/guidance.
Regional Human Rights Bodies
States and their institutions can often fail to provide adequate help for refugees and asylum seekers. When a decision reached by a state is considered to be in breach of regional rules regarding the adequate treatment of refugees and asylum seekers, it is possible to challenge that decision before regional human rights bodies. See below to find information on each region.
The Inter-American system of human rights is composed of three main bodies, the Organization of American States (OAS), the Inter-American Commission on Human Rights (IACHR), and the Inter-American Court of Human Rights. Find more information on how to access the Inter-American system here.
The Arab Human Rights Committee of the Arab League (Algeria, Bahrain, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Mauritania, Palestine, Qatar, Saudi Arabia, Sudan, Syria, the United Arab Emirates, and Yemen) is the treaty body established in 2009 to oversee the implementation of the Arab Charter on Human Rights.
The lack of an enforcement mechanism of the Charter was solved by the creation of the Arab Court of Human Rights, a body that has jurisdiction over human rights complaints brought against States by other States. Complaints can also be brought by non-governmental organizations if the relevant State additionally accepts that jurisdiction. However, it fails to provide for a direct right of individual petition.
In Asia, there is the Asian Human Rights Commission (AHRC), an independent, non-governmental body, which seeks to promote greater awareness and realization of human rights in the Asian region, and to mobilize Asian and international public opinion to obtain relief and redress for the victims of human rights violations.
Moreover, some countries of the Asian continent are also signatories to the ASEAN Charter aimed at promoting and protecting human rights. Its members created the ASEAN Intergovernmental Commission on Human Rights (AICHR) in 2009, which later passed the ASEAN Human Rights Declaration (AHRD).
The African Human Rights System (AHRS) includes the African Commission on Human and Peoples’ Rights (ACHPR), the African Court on Human Peoples’ Rights (AfCHPR), and the African Committee of Experts on the Rights and Welfare of the Child (ACERWC). These bodies assess States’ compliance with human rights standards, including by deciding individual complaints of human rights violations. Find more information on how to access the African system here.
In Europe, the main judicial organ responsible for defining and overseeing States’ compliance with their regional human rights obligations is the European Court of Human Rights (ECtHR), created under the auspices of the Council of Europe (CoE). Find more information on how to access the ECtHR here.
The European Court of Justice (ECJ) is the supreme court of the European Union in matters of European Union law. Find more information on how to access the ECJ here.
International Courts
The International Court of Justice (ICJ), also known as the Hague Court, is established by the Charter of the United Nations as the principal judicial organ of the United Nations. The ICJ has two main mechanisms. On the one hand, the Court settles legal disputes between authorized actors, mainly States but not necessarily UN members, to submit their cases before the Court in what is known as its contentious jurisdiction. On the other hand, the ICJ may provide advisory opinions on legal questions at the request of UN bodies or agencies authorized by the Charter. However, individuals can never file their cases, only when sponsored by a State.
The International Criminal Court (ICC) is founded by the Rome Statute, which grants the ICC jurisdiction to investigate, prosecute and try individuals accused of committing the most serious crimes of concern to the international community as a whole, namely genocide, crimes against humanity, war crimes, and aggression. According to the Rome Statute, it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes. The International Criminal Court can only intervene where a State is unable or unwilling to genuinely carry out the investigation and prosecute the perpetrators. Therefore, individuals can be prosecuted under the ICC, but no individual can be a plaintiff.
Under the ICC’s jurisdiction, crimes can be prosecuted by the Office of the Prosecutor if the crimes were committed by a State Party national, or in the territory of a State Party, or in a State that has accepted the jurisdiction of the Court; or the crimes were referred to the ICC Prosecutor by the United Nations Security Council (UNSC) pursuant to a resolution adopted under chapter VII of the UN charter.
RSD-Specific Resources
Mental Health Reports in Legal Processes
This collection of standards, guidelines, articles, and other documents supports legal representatives to inform their representation of applicants with mental health needs, as well as psychologists and psychiatrists in their preparation of mental health assessments and reports.
This document builds on resources gathered by AMERA in collaboration with St. Andrew’s Refugee Services, Egypt. For more information visit our Therapeutic Legal Assistance Model and Mental Health Reports in Legal Processes pages.
Obtaining / Preparing Medico-Legal Assessments in RSD Adjudication
The provision of medical evidence in Refugee Status Determination (RSD) procedures is fraught with challenges.
Medical reports documenting asylum seekers’ physical and/or mental health are increasingly being used within RSD proceedings as objective evidence to support asylum claims. For more information, visit our dedicated page.
RSD Adjudication and Psychosocial Support
An approach for conducting RSD adjudication that supports wellbeing is through accompanying psychosocial support. Information and materials on the importance of psychosocial support before, during and after refugee status determination is provided here.
Psychological research relating to RSD procedures
Understanding and application of psychological science in the asylum process are important to ensure that adjudication is fair, lessening the risk of denying protection to refugees. On this page, we present a brief introduction to the psychological research that can be drawn on in representing people seeking international protection and adjudication of claims. You will also find links to further resources.
Guidelines on accompanying a client to an RSD interview
Asylum seekers have the right to legal representation at all stages of the RSD procedure and may have a legal representative accompany them to their interviews at UNHCR. This guide is intended to assist legal advocates to provide the best possible advocacy during the RSD interviews at UNHCR.
Case Law Databases
This page provides a list of online databases which gather domestic and international case law as well as specific case law by country or region.
We are always looking to expand the resources on our platform. If you know about relevant resources, or you are aware of organisations and individuals to include in our directories, please get in touch.