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 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 ...
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 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''](_blank)
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 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 ...
. 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.
See also
*Asylum seeker
An asylum seeker is a person who leaves their country of residence, enters another country and applies for asylum (i.e., international protection) in that other country. An asylum seeker is an immigrant who has been forcibly displaced and mi ...
*Asylum shopping
Asylum shopping is a pejorative term for the practice by some asylum seekers of applying for asylum in several states or seeking to apply in a particular state after traveling through other states. The phrase is derogatory, suggesting that asylum s ...
*Convention relating to the Status of Stateless Persons
The Convention Relating to the Status of Stateless Persons is a 1954 United Nations multilateral treaty that aims to protect stateless individuals.
Surrounding events
The United Nations Charter and Universal Declaration of Human Rights were ap ...
*Impediment to expulsion Impediment to expulsion, or prohibition of deportation, are practical or legal barriers that prevents a country from enforcing an deportation, expulsion or deportation decision of a non-national. In some countries and cases, a person who has been as ...
* (OHCHR)
*Refugee employment Refugee employment refers to the employment of refugees. Gaining access to legal paid work can be a requirement for asylum status or citizenship in a host country and may be done with or without the assistance of non-governmental organizations. In ...
* Refugee law
*Right of asylum
The right of asylum (sometimes called right of political asylum; ) is an ancient juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, like a second country or another enti ...
*Statelessness
In international law, a stateless person is someone who is "not considered as a national by any state under the operation of its law". Some stateless people are also refugees. However, not all refugees are stateless, and many people who are st ...
*Travel document
A travel document is an identity document issued by a government or international entity pursuant to international agreements to enable individuals to clear border control measures. Travel documents usually assure other governments that the beare ...
*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 ...
(Article 14)
*United Nations Commission on Human Rights
The United Nations Commission on Human Rights (UNCHR) 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. It was a subsidiary body of t ...
*World Refugee Day
World Refugee Day is an international day organised every year on 20 June by the United Nations. It is designed to celebrate and honour refugees from around the world. The day was first established on 20 June 2001, in recognition of the 50th anni ...
*XXB
A machine-readable passport (MRP) is a machine-readable data, machine-readable travel document (MRTD) with the data on the identity page encoded in optical character recognition format. Many countries began to issue machine-readable travel docume ...
Refugee, as per the 1951 Convention Relating to the Status of Refugees
References
* (HCR/1P/4/ENG/REV. 3)
External links
Full text of the Convention (UNHCR)
by Guy S. Goodwin-Gill, procedural history note and audiovisual material on the ''Convention relating to the Status of Refugees and the Protocol relating to the Status of Refugees'' in th
Historic Archives of the United Nations Audiovisual Library of International Law
by Guy S. Goodwin-Gill entitled ''International Migration Law – A General Introduction'' and ''Forced Migration – The Evolution of International Refugee Law and Organization'' in th
Lecture Series of the United Nations Audiovisual Library of International Law
{{DEFAULTSORT:Refugee Status Convention
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Right of asylum