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A House with Two Rooms - The Advocates for Human Rights

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Section ix. recommendationS related to liBerianS reSiding in the united StateS<br />

Protection of Refugees<br />

As a party to the Refugee Convention, the United States has a duty not to return refugees who<br />

face persecution in their home countries. 453 Under international and federal law, the United States<br />

is prohibited from expelling or returning a refugee to the frontiers of territories where he or she<br />

would be exposed to persecution. 454 “Even when the circumstances in the country of origin have<br />

undergone a fundamental change, individual refugees may continue to have a well-founded fear of<br />

persecution or compelling reasons not to return arising out of previous persecution. [When this<br />

has] been determined, the ‘ceased circumstances’ cessation clauses should thus not apply to them.” 455<br />

Moreover, refugees are entitled to basic human rights and fundamental freedoms. <strong>The</strong> <strong>Advocates</strong><br />

recommends that the Government of the United States comply fully <strong>with</strong> their obligations under<br />

domestic and international refugee law as well as international human rights law. <strong>The</strong> <strong>Advocates</strong><br />

recommends the following:<br />

Despite changed country conditions in Liberia, the Government of the United States should recognize<br />

that compelling reasons may, <strong>for</strong> certain individuals, support the continuation of refugee status.<br />

o <strong>The</strong> United States should facilitate ongoing asylum applications and timely refugee<br />

status determinations. “Asylum requests of Liberians should be examined thoroughly<br />

in fair and effective individual refugee status determination procedures <strong>with</strong> the<br />

necessary procedural safeguards, taking into consideration the individual merits of<br />

their asylum claim, based on the criteria in the 1951 Convention…Additionally, in light<br />

of the particularly violent nature of the armed conflict in past years, asylum claims of<br />

victims of particularly atrocious <strong>for</strong>ms of persecution suffered in the past should be<br />

examined taking into account the consequences and effects of such persecution on<br />

the victims concerned where the continuing impact of the past persecution could put<br />

the individuals at risk of serious harm to their well being if returned.” 456<br />

o <strong>The</strong> Government of the United States should consider appropriate arrangements,<br />

which would not put into jeopardy their established situation, <strong>for</strong> those persons who<br />

cannot be expected to leave the country of asylum because of a long stay in that<br />

country resulting in strong family, social, and economic links there. 457<br />

Protection of the Family<br />

As a party to the International Covenant on Civil and Political <strong>Rights</strong>, the United States recognized<br />

that “[t]he family is the natural and fundamental group unit of society and is entitled to protection<br />

by society and the State.” 458 <strong>The</strong> unification of Liberian families is of primary concern, in particular<br />

486

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