Convention Relating to the Status of Refugees
Encyclopedia
The United Nations Convention Relating to the Status of Refugees is an international convention that defines who is a refugee
, and sets out the rights of individuals who are granted asylum
and the responsibilities of nations that grant asylum. The Convention also sets out which people do not qualify as refugees, such as war criminals
. The Convention also provides for some visa-free travel for holders of travel document
s issued under the convention.
conference on 28 July 1951. It entered into force on 22 April 1954. It was initially limited to protecting European refugees after World War II
but a 1967 Protocol
removed the geographical and time limits, expanding the Convention's scope. Because the convention was approved in Geneva
, it is often referred to as "the Geneva Convention," though it is not one of the Geneva Conventions
specifically dealing with allowable behavior in time of war.
Denmark
was the first state to ratify the treaty (on 4 December 1952). As of April 1, 2011 there were 147 signatories to either the Convention or the Protocol or to both. Subsequently, the President
of Nauru
, Marcus Stephen
, signed both the Convention and the Protocol on June 17, 2011.
The Organisation of African Unity (OAU) Convention Governing the Specific Aspects of Refugee Problems in Africa adopted a regional treaty based on the Convention, adding to the definition that a refugee is
In 1984, a group of Latin American governments adopted the Cartagena Declaration, which like the OAU Convention, added more objectivity based on significant consideration to the 1951 Convention. The Cartegena Declaration determine that a 'refugee' includes:
There are a number of provisions that States who are parties of the Refugee Convention and 1967 Protocol must adhere to. Among them are:
- that is, if the refugee believes that there was ample cause for their illegal entry/presence, i.e. to escape threats upon their life or freedom, and if they swiftly declare their presence. This right is protected in Article 31:
"The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence. (Article 31, (1) )
It is widely accepted that the prohibition of forcible return is part of customary international law. This means that even States that are not party to the 1951 Refugee Convention must respect the principle of non-refoulement. Therefore, States are obligated under the Convention and under customary international law to respect the principle of non-refoulement. If and when this principle is threatened, UNHCR can respond by intervening with relevant authorities, and if it deems necessary, will inform the public.
Refugee
A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...
, and sets out the rights of individuals who are granted asylum
Right of asylum
Right of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...
and the responsibilities of nations that grant asylum. The Convention also sets out which people do not qualify as refugees, such as war criminals
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
. The Convention also provides for some visa-free travel for holders of travel document
Travel document
A travel document is an identity document issued by a government or international treaty organization to facilitate the movement of individuals or small groups of persons across international boundaries...
s issued under the convention.
History
The Convention was approved at a special United NationsUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
conference on 28 July 1951. It entered into force on 22 April 1954. It was initially limited to protecting European refugees after World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
but a 1967 Protocol
Protocol Relating to the Status of Refugees
The Protocol Relating to the Status of Refugees entered into force on October 4, 1967. Where the United Nations 1951 Convention relating to the Status of Refugees had restricted refugee status to those whose circumstances had come about "as a result of events occurring before 1 January 1951", as...
removed the geographical and time limits, expanding the Convention's scope. Because the convention was approved in Geneva
Geneva
Geneva In the national languages of Switzerland the city is known as Genf , Ginevra and Genevra is the second-most-populous city in Switzerland and is the most populous city of Romandie, the French-speaking part of Switzerland...
, it is often referred to as "the Geneva Convention," though it is not one of the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
specifically dealing with allowable behavior in time of war.
Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
was the first state to ratify the treaty (on 4 December 1952). As of April 1, 2011 there were 147 signatories to either the Convention or the Protocol or to both. Subsequently, the President
President of Nauru
The President of Nauru is elected by Parliament from amongst its members. He is both the head of state and head of government of Nauru. Nauru's unicameral Parliament has 18 members, with an electoral term of 3 years. Political parties only play a minor role in Nauru politics, and there has often...
of Nauru
Nauru
Nauru , officially the Republic of Nauru and formerly known as Pleasant Island, is an island country in Micronesia in the South Pacific. Its nearest neighbour is Banaba Island in Kiribati, to the east. Nauru is the world's smallest republic, covering just...
, Marcus Stephen
Marcus Stephen
Marcus Stephen was President of the Republic of Nauru from December 2007 to November 2011. In addition to the presidency, he held the offices of Minister for Home Affairs, Minister for the Nauru Phosphate Royalties Trust, Minister for Police, Prisons, & Emergency Services, and Minister for Public...
, signed both the Convention and the Protocol on June 17, 2011.
Definition of a refugee
Article 1 of the Convention as amended by the 1967 Protocol provides the definition of a refugee:- "A person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.."
Additional definitions based on the Convention
Several groups have built upon the 1951 Convention and attempted to create a more objective definition. While their terms differ to that of the 1951 Convention, the Convention has significantly shaped these new, more objective definitions.The Organisation of African Unity (OAU) Convention Governing the Specific Aspects of Refugee Problems in Africa adopted a regional treaty based on the Convention, adding to the definition that a refugee is
Any person compelled to leave his/her country owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality
In 1984, a group of Latin American governments adopted the Cartagena Declaration, which like the OAU Convention, added more objectivity based on significant consideration to the 1951 Convention. The Cartegena Declaration determine that a 'refugee' includes:
Persons who flee their countries because their lives, safety or freedom have been threatened by generalised violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances which have seriously disturbed public order.
Responsibilities of States Parties to the Refugee Convention
In the general principle of international law, treaties in force are binding upon the parties to it and must be performed in good faith. Countries that have ratified the Refugee Convention are obliged to protect refugees that are on their territory, in accordance with its terms.There are a number of provisions that States who are parties of the Refugee Convention and 1967 Protocol must adhere to. Among them are:
- Cooperation With the UNHCR: Under Article 35 of the Refugee Convention and Article II of the 1967 Protocol, states agree to cooperate with UNHCR in the exercise of its functions and to help UNHCR supervise the implementation of the provisions in the Convention.
- Information On National Legislation: parties to the Convention agree to inform the United Nations Secretary-General about the laws and regulations they may adopt to ensure the application of the Convention.
- Exemption from Reciprocity: The notion of reciprocity- where, according to a country's law, the granting of a right to an alien is subject to the granting of similar treatment by the alien's country of nationality- does not apply to refugees. This notion does not apply to refugees because refugees do not enjoy the protection of their home state.
Innocence of refugees unlawfully entering the country of refuge
A refugee the right to be free from penalties pertaining to the illegality of their entry to or presence within a country, if it can be shown that they acted in good faithGood faith
In philosophy, the concept of Good faith—Latin bona fides “good faith”, bona fide “in good faith”—denotes sincere, honest intention or belief, regardless of the outcome of an action; the opposed concepts are bad faith, mala fides and perfidy...
- that is, if the refugee believes that there was ample cause for their illegal entry/presence, i.e. to escape threats upon their life or freedom, and if they swiftly declare their presence. This right is protected in Article 31:
"The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence. (Article 31, (1) )
The principle of non-refoulement
A refugee's right to be protected against forcible return, or refoulement, is set out in the 1951 Convention relating to the Status of Refugees:"No Contracting State shall expel or return ('refouler') a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social or political opinion" (Article 33(1)).
It is widely accepted that the prohibition of forcible return is part of customary international law. This means that even States that are not party to the 1951 Refugee Convention must respect the principle of non-refoulement. Therefore, States are obligated under the Convention and under customary international law to respect the principle of non-refoulement. If and when this principle is threatened, UNHCR can respond by intervening with relevant authorities, and if it deems necessary, will inform the public.
See also
- Refugee LawRefugee lawRefugee law is the branch of international law which deals with the rights and protection of refugees. It is related to, but distinct from, international human rights law and international humanitarian law, which deal respectively with human rights in general, and the conduct of war in...
- Right of AsylumRight of asylumRight of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...
- Universal Declaration of Human RightsUniversal Declaration of Human RightsThe Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
(Article 14) - United Nations High Commissioner for RefugeesUnited Nations High Commissioner for RefugeesThe Office of the United Nations High Commissioner for Refugees , also known as The UN Refugee Agency is a United Nations agency mandated to protect and support refugees at the request of a government or the UN itself and assists in their voluntary repatriation, local integration or resettlement to...
(UNHCR) - United Nations Commission on Human RightsUnited Nations Commission on Human RightsThe United Nations Commission on Human Rights was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006...
- Office of the United Nations High Commissioner for Human RightsOffice of the United Nations High Commissioner for Human RightsThe Office of the United Nations High Commissioner for Human Rights is a United Nations agency that works to promote and protect the human rights that are guaranteed under international law and stipulated in the Universal Declaration of Human Rights of 1948...
(UNHCHR) - Travel DocumentTravel documentA travel document is an identity document issued by a government or international treaty organization to facilitate the movement of individuals or small groups of persons across international boundaries...
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