The Foundational Blunders of Human Rights and the Naturalisation of Refugees under International Law: A Historical Perspective
Paul S. Masumbe 
Issue: Vol.5 No.7 Issue Article 24 pp.1377-1390
DOI: https://doi.org/10.38159/ehass.20245724 | Published online 29th July, 2024
© 2024 The Author(s). This is an open access article under the CCBY license (http://creativecommons.org/licenses/by/4.0/).
This paper traces the historical antecedents of the displacement of rights pertaining to the naturalisation of refugees and the foundational blunders of human rights inherent under international law. With more than 36 million recognised refugees worldwide as of 2024, the vexed question of the naturalisation of refugees is timelier than ever to revisit. Divided into seven parts from introduction to conclusion, this paper analysed why the current human rights architecture is incapable of restoring the humanity of refugees due to statist control of human rights in the guise of citizenship. It argued that despite successive human rights treaties and declarations, universal human rights within the context of naturalising refugees remain almost an empty promise. Using the doctrinal research method, it reconciled the competing conceptions of human rights with the current difficulties in the naturalisation process and makes the case for the realisation of this process as a human rights imperative.
Keywords: Naturalisation of Refugees, Human Rights, Treaty of Westphalia, Statehood, Geneva Convention, Borders.
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Paul S. Masumbe (LLD) is a Senior Lecturer, Research Supervisor & Mentor at the School of Law and Chair, Research & Higher Degrees, Faculty of Law, Humanities and Social Sciences, Walter Sisulu University. He is external examiner for masters and doctoral degrees in law at various universities and a reviewer of local and international journals. His research interests include International Criminal Law, Human Rights, Labour Law, and selected areas of Private Law.
Masumbe, Paul S. “The Foundational Blunders of Human Rights and the Naturalisation of Refugees under International Law: A Historical Perspective,” E-Journal of Humanities, Arts and Social Sciences 5, no.7 (2024): 1377-1390. https://doi.org/10.38159/ehass.20245724
© 2024 The Author(s). Published and Maintained by Noyam Journals. This is an open access article under the CCBY license (http://creativecommons.org/licenses/by/4.0/).
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