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Noi culturi, noi antropologii - Humanitas

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these countries’ legislation contained no special exceptions<br />

for recognized refugees). Many recognized refugees in Romania<br />

were unable to answer these conditions. This could<br />

be one of the explanations of the refugees’ mass departure<br />

from Romania towards Western Europe during the first wave<br />

of analysis.<br />

According to UNHCR the automatic expiration of the refugee<br />

status is unfamiliar to the 1951 Convention. Moreover,<br />

it strips the recognized refugee of his status without providing<br />

a secure status, as foreseen by the international instruments<br />

and by the 1951 Convention which Romania signed<br />

and agreed upon: „Conditions which are irrelevant to the<br />

fear of persecution he may still have and the protection he<br />

may still require, residency under the foreigners regime,<br />

cannot in fact provide the aspects of protection and the continuity<br />

of residence provided by refugee status. Placing refugees<br />

in such a position is inconsistent with their rights under<br />

the 1951 Convention“ 159 . Thus, in this first wave, Romania<br />

acted contrary to the international law and considered to be<br />

a violation of the 1951 UN Convention Relating to the Status<br />

of Refugees: „At present, the Romanian provision providing<br />

for the automatic expiration of refugee status does not satisfy<br />

any of these conditions, and as such, is in clear breach<br />

of the 1951 Convention standards“ 160 .<br />

Under the 1951 Convention, a recognized refugee maintains<br />

his refugee status until he or she acquires the citizenship<br />

of the country of destination. The status can indeed to<br />

be withdrawn when he or she does not longer need international<br />

protection (the situation in his country of origin has<br />

remedied) or if the authorities of the destination country<br />

discover that the status was granted based on the misrepresentation<br />

of material facts or based on the exclusion causes<br />

stipulated by the 1951 Convention.<br />

A further inconsistency in the Refugee Law in Romania<br />

before 2001 was that once a refugee was granted a domicile<br />

159. UNHCR. (2000) Integration Rights and Practices with Regard to<br />

Recognized Refugees in the Central European Countries, Geneva, p. 53.<br />

160. Ibidem.<br />

185

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