The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention or the Geneva Convention of 28 July 1951, is a

United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...

multilateral treaty A multilateral treaty is a treaty to which two or more sovereign states are parties. Each party owes the same obligations to all other parties, except to the extent that they have stated reservation (law), reservations. Examples of multilateral tre ...

that defines who a

refugee A refugee, conventionally speaking, is a displaced person who has crossed national borders and who cannot or is unwilling to return home due to well-founded fear of persecution.

is, and sets out the rights of individuals who are granted

asylum Asylum may refer to: Types of asylum * Asylum (antiquity), places of refuge in ancient Greece and Rome * Benevolent Asylum, a 19th-century Australian institution for housing the destitute * Cities of Refuge, places of refuge in ancient Judea ...

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

refugee travel document A refugee travel document (also called a 1951 Convention travel document or Geneva passport) is a travel document issued to a refugee by the state in which they normally reside in allowing them to travel outside that state and to return there. Re ...

s issued under the convention. The Refugee Convention builds on Article 14 of the 1948

Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal De ...

, which recognizes the right of persons to seek asylum from persecution in other countries. A refugee may enjoy rights and benefits in a state in addition to those provided for in the Convention. The rights created by the Convention generally still stand today. Some have argued that the complex nature of 21st century refugee relationships calls for a new treaty that recognizes the evolving nature of the nation-state,

economic migrant An economic migrant is someone who emigrates from one region to another, including crossing international borders, seeking an improved standard of living, because the conditions or job opportunities in the migrant's own region are insufficient. Th ...

s, population displacement,

environmental migrant Environmental migrants are people who are forced to leave their home region due to sudden or long-term changes to their local or regional environment. These changes compromise their well-being or livelihood, and include increased drought, deserti ...

s, and modern warfare. Nevertheless, ideas like the principle of

non-refoulement Non-refoulement () is a fundamental principle of international law that forbids a country receiving asylum seekers from returning them to a country in which they would be in likely danger of persecution based on "race, religion, nationality, member ...

(non-returning of refugees to dangerous countries) (Article 33) are still applied today, with the 1951 Convention being the source of such rights.

History

Prior to the 1951 document, there was agreed a

Convention relating to the International Status of Refugees Convention may refer to: * Convention (norm), a custom or tradition, a standard of presentation or conduct ** Treaty, an agreement in international law * Convention (meeting), meeting of a (usually large) group of individuals and/or companies in a ...

, of 28 October 1933, which dealt with administrative measures such as the issuance of

Nansen certificates Fridtjof Wedel-Jarlsberg Nansen (; 10 October 186113 May 1930) was a Norwegian polymath and List of Nobel Peace Prize laureates, Nobel Peace Prize laureate. He gained prominence at various points in his life as an explorer, scientist, diplomat, ...

refoulement Non-refoulement () is a fundamental principle of international law that forbids a country receiving asylum seekers from returning them to a country in which they would be in likely danger of persecution based on "race, religion, nationality, member ...

, legal questions, labour conditions, industrial accidents, welfare and relief, education, fiscal regime and exemption from reciprocity, and provided for the creation of committees for refugees. The Convention was approved at a special

conference on 28 July 1951, and entered into force on 22 April 1954. It was initially limited to protecting European refugees from before 1 January 1951 (after

World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...

), but states could make a declaration that the provisions would apply to refugees from other places. The 1967

Protocol Protocol may refer to: Sociology and politics * Protocol (politics), a formal agreement between nation states * Protocol (diplomacy), the etiquette of diplomacy and affairs of state * Etiquette, a code of personal behavior Science and technology ...

removed the time limits and applied to refugees "without any geographic limitation" but declarations previously made by parties to the Convention on geographic scope were grandfathered.

Parties

As of 20 January 2020, there were 146 parties to the Convention, and 147 to the Protocol.

Madagascar Madagascar (; mg, Madagasikara, ), officially the Republic of Madagascar ( mg, Repoblikan'i Madagasikara, links=no, ; french: République de Madagascar), is an island country in the Indian Ocean, approximately off the coast of East Africa ...

and

Saint Kitts and Nevis Saint Kitts and Nevis (), officially the Federation of Saint Christopher and Nevis, is an island country and microstate consisting of the two islands of Saint Kitts and Nevis, both located in the West Indies, in the Leeward Islands chain of ...

are parties only to the Convention, while

Cape Verde , national_anthem = () , official_languages = Portuguese , national_languages = Cape Verdean Creole , capital = Praia , coordinates = , largest_city = capital , demonym ...

, the

United States of America The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territo ...

and

Venezuela Venezuela (; ), officially the Bolivarian Republic of Venezuela ( es, link=no, República Bolivariana de Venezuela), is a country on the northern coast of South America, consisting of a continental landmass and many islands and islets in th ...

are parties only to the Protocol. Since the US ratified the Protocol in 1968, it undertook a majority of the obligations spelled out in the original 1951 document (Articles 2-34), and Article 1 as amended in the Protocol, as "supreme Law of the Land".

Definition of refugee

Article 1 of the Convention defines a

refugee A refugee, conventionally speaking, is a displaced person who has crossed national borders and who cannot or is unwilling to return home due to well-founded fear of persecution.

as: With the passage of time and the emergence of new refugee situations, the need was increasingly felt to make the provisions of the 1951 Convention applicable to such new refugees. As a result, a

Protocol Relating to the Status of Refugees The Protocol Relating to the Status of Refugees is a key treaty in international refugee law. It entered into force on 4 October 1967, and 146 countries are parties. The 1951 United Nations Convention Relating to the Status of Refugees restric ...

was prepared, and entered into force on 4 October 1967. The UNHCR is called upon to provide international protection to refugees falling within its competence. The Protocol defined ''refugee'' to mean any person within the 1951 Convention definition as if the words "As a result of events occurring before 1 January 1951 and ..." were omitted. Several groups have built upon the 1951 Convention to create a more objective definition. While their terms differ from those of the 1951 Convention, the Convention has significantly shaped the new, more objective definitions. They include the 1969

Convention Governing the Specific Aspects of Refugee Problems in Africa The Organisation of African Unity (OAU) Convention Governing the Specific Aspects of Refugee Problems in Africa, also called the OAU Refugee Convention, or the 1969 Refugee Convention, is regional legal instrument governing refugee protection in Afr ...

by the

Organisation of African Unity The Organisation of African Unity (OAU; french: Organisation de l'unité africaine, OUA) was an intergovernmental organization established on 25 May 1963 in Addis Ababa, Ethiopia, with 32 signatory governments. One of the main heads for OAU's ...

(since 2002

African Union The African Union (AU) is a continental union consisting of 55 member states located on the continent of Africa. The AU was announced in the Sirte Declaration in Sirte, Libya, on 9 September 1999, calling for the establishment of the Africa ...

) and the 1984

Cartagena Declaration The Cartagena Declaration on Refugees, or just Cartagena Declaration, is a non-binding regional, i.e. Latin-American, instrument for the protection of refugees and was adopted in 1984 by delegates from 10 Latin-American countries: Belize, Colombia ...

, while nonbinding, also sets out regional standards for refugees in

South South is one of the cardinal directions or Points of the compass, compass points. The direction is the opposite of north and is perpendicular to both east and west. Etymology The word ''south'' comes from Old English ''sūþ'', from earlier Pro ...

and

Central Central is an adjective usually referring to being in the center of some place or (mathematical) object. Central may also refer to: Directions and generalised locations * Central Africa, a region in the centre of Africa continent, also known as ...

Americas,

Mexico Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...

and the

Caribbean The Caribbean (, ) ( es, El Caribe; french: la Caraïbe; ht, Karayib; nl, De Caraïben) is a region of the Americas that consists of the Caribbean Sea, its islands (some surrounded by the Caribbean Sea and some bordering both the Caribbean Se ...

. Scholars have started to consider this definition unsuitable for contemporary society, where for example environmental refugees are not captured in the definition.

Rights and responsibilities of parties

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.UNHCR: ''Refugee protection: A Guide to International Refugee Law''
2001, , retrieved 19 August 2015 There are a number of provisions to which parties to the Refugee Convention must adhere. Refugees shall * abide by the national laws of the contracting states (Article 2) The contracting states shall * exempt refugees from reciprocity (Article 7): That means that the granting of a right to a refugee should not be subject to the granting of similar treatment by the refugee's country of nationality, because refugees do not enjoy the protection of their home state. * be able to take provisional measures against a refugee if needed in the interest of essential national security (Article 9) * respect a refugee's personal status and the rights that come with it, particularly rights related to marriage (Article 12) * provide free access to courts for refugees (Article 16) * provide administrative assistance for refugees (Article 25) * provide identity papers for refugees (Article 27) * provide travel documents for refugees (Article 28) * allow refugees to transfer their assets (Article 30) * provide the possibility of assimilation and naturalization to refugees (Article 34) * cooperate with the UNHCR (Article 35) in the exercise of its functions and help the UNHCR to supervise the implementation of the provisions in the Convention. * provide information on any national legislation they may adopt to ensure the application of the Convention (Article 36). * settle disputes they may have with other contracting states at the International Court of Justice if not otherwise possible (Article 38) The contracting states shall not * discriminate against refugees (Article 3) * take exceptional measures against a refugee solely on account of his or her nationality (Article 8) * expect refugees to pay taxes and fiscal charges that are different from those of nationals (Article 29) * impose penalties on refugees who entered illegally in search of asylum if they present themselves without delay (Article 31), which is commonly interpreted to mean that their unlawful entry and presence ought not to be prosecuted at all * expel refugees (Article 32) * forcibly return or "refoul" refugees to the country they have fled from (Article 33). 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

. If this principle is threatened, UNHCR can respond by intervening with relevant authorities and, if it deems necessary, will inform the public. Refugees shall be treated at least like ''nationals'' in relation to * freedom to practice their religion (Article 4) * the respect and protection of artistic rights and industrial property (Article 14) * rationing (Article 20) * elementary education (Article 22) * public relief and assistance (Article 23) * labour legislation and social security (Article 24) Refugees shall be treated at least like ''other non-nationals'' in relation to * movable and immovable property (Article 13) * the right of association in unions or other associations (Article 15) * wage-earning employment (Article 17) * self-employment (Article 18) * practice of the liberal professions (Article 19) * housing (Article 21) * education higher than elementary (Article 22) * the right to free movement and free choice of residence within the country (Article 26)

Noncompliance

Although the Convention is "

legally binding A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...

", there is no body that monitors compliance. The

United Nations High Commissioner for Refugees The United Nations High Commissioner for Refugees (UNHCR) is a United Nations agency mandated to aid and protect refugees, forcibly displaced communities, and stateless people, and to assist in their voluntary repatriation, local integrati ...

(UNHCR) has supervisory responsibilities but cannot enforce the Convention, and there is no formal mechanism for individuals to file complaints. The Convention specifies that complaints should be referred to the

International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...

. It appears that no nation has ever done this. An individual may lodge a complaint with the

UN Human Rights Committee The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per y ...

under the

International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedo ...

or with the UN

Committee on Economic, Social and Cultural Rights The Committee on Economic, Social and Cultural Rights (CESCR) is a United Nations is a 18-member Committee, entrusted with overseeing implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR). It meets (usually t ...

under the

International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came in force from 3 January 197 ...

, but no one has ever done so in regard to violations of the Convention. Nations may levy

international sanctions International sanctions are political and economic decisions that are part of diplomatic efforts by countries, multilateral or regional organizations against states or organizations either to protect national security interests, or to protect in ...

against violators, but no nation has ever done so. At present, the only real consequences of violation are 1)

public shaming Public humiliation or public shaming is a form of punishment whose main feature is dishonoring or disgracing a person, usually an offender or a prisoner, especially in a public place. It was regularly used as a form of judicially sanctioned puni ...

in the press, and 2) verbal condemnation of the violator by the UN and by other nations. To date, those have not proven to be significant deterrents.

References

* (HCR/1P/4/ENG/REV. 3)

External links