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 security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoni ...
multilateral treaty that defines who a
refugee is, 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
refugee travel documents 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 rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt ...
, 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 migrants, 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-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, of 28 October 1933, which dealt with administrative measures such as the issuance of Nansen certificates, 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 security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoni ...
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 World War II by country, vast majority of the world's countries—including all of the great power ...
), 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 Afric ...
and Saint Kitts and Nevis 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 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 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 by the Organisation of African Unity (since 2002 African Union) and the 1984 Cartagena Declaration, while nonbinding, also sets out regional standards for refugees in South 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 a ...
Americas, Mexico
Mexico (Spanish language, Spanish: México), officially the United Mexican States, is a List of sovereign states, country in the southern portion of North America. It is borders of Mexico, bordered to the north by the United States; to the so ...
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 ...
.
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. 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", there is no body that monitors compliance. The United Nations High Commissioner for Refugees (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 accordan ...
. It appears that no nation has ever done this.
An individual may lodge a complaint with the UN Human Rights Committee 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, fre ...
or with the UN Committee on Economic, Social and Cultural Rights under the International Covenant on Economic, Social and Cultural Rights, 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 i ...
against violators, but no nation has ever done so.
At present, the only real consequences of violation are 1) public shaming 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
* Asylum shopping
* Convention relating to the Status of Stateless Persons
*Impediment to expulsion Impediment to expulsion, or prohibition of deportation, are practical or legal barriers that prevents a country from enforcing an expulsion or deportation decision of a non-national. In some countries and cases, a person who has been asylum seeker ...
* (OHCHR)
* Refugee employment
* Refugee law
* Right of asylum
* Statelessness
*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 be ...
*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 rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt ...
(Article 14)
* United Nations Commission on Human Rights
* World Refugee Day
* XXB 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