CYIL vol. 9 (2018)

CYIL 9 ȍ2018Ȏ THE CZECH REPUBLIC AND SOLIDARITY WITH REFUGEES … The first governmental resolution was surprisingly vague. It did not define the temporary refuge, the government simply “ agreed with help to those Yugoslavian citizens who sought temporary refuge in the Czech and Slovak Federal Republic ”. 31 The temporary refuge type of protection was mentioned there as being based on the UNHCR Executive Committee Conclusion No. 19 (XXXI) onTemporary Refuge. One of the subsequent governmental resolutions defined the temporary refuge in its explanatory report. 32 From the today’s point of view, it would be interesting to find out the roots of this definition, as the current political understanding of the issue of protection in the Czech Republic seems to differ considerably. 33 It also seems that the explanatory report counts with the fact that the temporary refuge concept became a part of international customary law (long term uniform practice as a basis of an usus longaevus ); also the emphasis on natural disasters seem to be relevant from the today’s perspective. The explanatory report mentions that the Czech and Slovak Federal Republic joined other countries that share the burden which was placed on them by the sudden mass influx of people in need of protection, i.e. the solidarity was seen as a reason to help. 34 Although there were attempts to specify the temporary refuge and the status of its beneficiaries in legislation, and the task to prepare a draft law was assigned by the Government to the Interior Minister, 35 no such law was created. The status of beneficiaries of the temporary refuge programme was stipulated only by government resolutions. It was officially assigned to the status of asylum seekers (those who sought protection as refugees) by a government resolution in 1992, but the same treatment had already been present from the beginning of admitting beneficiaries to this type of protection in 1991. 36 Another government resolution later summarized the previous concept of the status. 37 33 See Government Resolution No. 529, 30 September 1992. “The temporary refuge concept has been established in international refugee law on the basis of the long-term uniform behaviour of states in situations of mass influx of refugees who are leaving their home country during an armed conflict that is not of an international character (civil war) or systematic and mass violations of human rights. A temporary refuge can be provided when objective conditions are met in the country of origin, causing mass escape of individuals. It follows from international and national practice that there is a limited list of social circumstances: a) an ongoing armed conflict within a state that creates a significant threat to life and personal security of individuals, b) a natural disaster which has caused a complete disruption of living conditions conditional upon the official request of the state concerned, c) systematic and mass violations of human rights. Each of the circumstances mentioned above can be a reason for establishing a temporary shelter from the receiving state. The case of the former Yugoslavia clearly shows fulfilment of the two facts mentioned under a) and c). The protective function of a temporary shelter is based on the assumption that a person has lost a de facto protection of his/her home country and his/her life, liberty and security are seriously threatened. The lack of de facto protection of the home state is replaced by the institute of temporary refuge and, therefore, individuals are not applying for refugee status as a result of mass influxes. The provision of de facto protection by the receiving state is of a temporary and exceptional nature. De facto refugees should be provided with a minimum standard of humanitarian care from the point of view of the international law, their status must be as close as possible to the status of applicants for refugee status or persons to whom such a status was granted. The so-called temporary refuge is based on Resolution No. 19 of 31st Meeting of the Executive Committee of the Office of the United Nation’s High Commissioner for Refugees (UNHCR)”. 34 Ibid. 35 See Government Regulation No. 769, 30 December 1992 36 See Government Resolution No. 529, 30 September 1992. This resolution was mainly aimed at prolonging the temporary refuge. 37 See Government Resolution No. 284, 25 May 1994. 31 See Government Resolution No. 803, 12 December 1991. 32 See Government Resolution No. 529, 30 September 1992.

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