- 學位論文
國際法上難民認定與日本難民認定制度
Refugee Recognition under International Law and Recognition of Refugee Status in Japan
摘要
難民問題自兩次世界大戰後益發嚴重，而近來各地區戰亂亦產生大量尋求庇護者，不僅其本身生命安全遭受困境，更使得鄰近國家邊界動盪不安。在鄰近國家無法負荷收容人數情況下，紛以關閉邊境等方式拒絕難民尋求庇護，縱使有聯合國難民總署之支援，亦無法立即有效地給予協助。 本文從難民歷史背景開始，經由文獻研究，介紹難民定義及聯合國難民總署之功能及協助範圍。以臨近台灣並同為海島國家之日本難民審查制度為例，觀察其於難民支援上之各種程序及遇到之困境，並分析其自2004年修正以來之難民受入相關數據，提供台灣做為參考。 在此一難民問題急需國際各國支援時，台灣須有難民法以因應未來情勢；本文之最終目的係促使台灣能夠吸收鄰近國家及國際經驗，進而通過一部符合國際條約、人權規範之難民法，以處理相關難民問題。
並列摘要
Since World War I and World War II, the problem of refugees has been raising and become a more and more serious issue day by day. Wars broke out in various countries recently has forced millions of innocent victims turned into asylum seekers. In addition, not only refugees’ life was suffered and threatened, but the boundaries of neighboring countries were in chaos and turmoil because of conflicts. Meanwhile, neighboring countries do not have enough capability to accommodate those migrants. Therefore, in order to obstruct the influx of refugees accessing their territory, these countries shut down their border one after another. Though UNHCR has provided asylum support for migrants, it could not offer an effective instant assistance. Starting from the history of refugees, this thesis introduced the definition of refugee as well as the refugee assisting function of UNHCR. Moreover, as both Taiwan and Japan are island countries located in Southeast Asia, this thesis focused on understanding experiences in refugee support of Japan for Taiwan’s further reference in the future. By studying Recognition of Refugee Status in Japan, this thesis observed dilemmas of refugee recognition procedures and refugees supports that Japanese authorities are facing; furthermore, also analyzed relating refugee situation data since 2004 Immigration Control and Refugee Recognition Act have been amended. To sum up, this thesis inspected Japanese and international experiences in refugee support as well as recognition act, and also urged Taiwan to formulate a proper Refugee Recognition Act in conformity with international agreements and international human rights norms. Especially these days, refugee issues require urgent and highly attention from all over the world, and Taiwan needs to be well prepared for it.