Two Sides of the Same Coin: Temporary Protection as a Practical but Unsettled Concept

Abstract

A mass influx of migrants and asylum-seekers is a well-known contemporary phenomenon that has created tremendous challenges for displaced persons, receiving states, and the international community. Although the 1951 Convention is still the most important instrument in the international protection regime, some protection gaps persist. Dealing with situations of mass influx of persons across international borders is one of these weak spots. In this regard, temporary protection measures have emerged in State practice to fill such a gap. However, these are considered time-limited emergency responses and group-based protections to cope with mass influxes. The standards of treatment granted to beneficiaries are less than those found in the 1951 Convention. While investigating temporary protection is a continuing concern both within the literature and as practical measures at UNHCR, this article seeks to assess the effectiveness of temporary protection mechanisms in coping with mass influxes. Identifying temporary protection as an unsettled concept would serve ongoing efforts to bring it within the realm of law under more acceptable standards of treatments for its beneficiaries.