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 the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...

multilateral treaty A multilateral treaty or multilateral agreement 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. Ex ...

that defines who a

refugee A refugee, according to the United Nations High Commissioner for Refugees (UNHCR), is a person "forced to flee their own country and seek safety in another country. They are unable to return to their own country because of feared persecution as ...

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 A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostag ...

. 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 which they normally reside in, allowing them to travel outside that state and to return there. Re ...

s issued under the convention. This convention was mentioned in Article 78 of the

Treaty on the Functioning of the European Union The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establish ...

. 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 D ...

, 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 Immigration is the international movement of people to a destination country of which they are not usual residents or where they do not possess nationality in order to settle as permanent residents. Commuters, tourists, and other short- ...

s, population displacement,

environmental migrant Environmental migrants are people who are forced to leave their home of residency 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, ...

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

non-refoulement Non-refoulement () is a fundamental principle of international law anchored in the Convention Relating to the Status of Refugees that forbids a country from deporting (" refoulement") any person to any country in which their "life or freedom woul ...

(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 convention, the

League of Nations The League of Nations (LN or LoN; , SdN) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference (1919–1920), Paris Peace ...

' Convention relating to the International Status of Refugees, of 28 October 1933, dealt with administrative measures such as the issuance of Nansen certificates,

refoulement Non-refoulement () is a fundamental principle of international law anchored in the Convention Relating to the Status of Refugees that forbids a country from deporting (" refoulement") any person to any country in which their "life or freedom woul ...

, 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. However, the League of Nations' convention was primarily designed for the relief of refugees from the breakup of the

Ottoman Empire The Ottoman Empire (), also called the Turkish Empire, was an empire, imperial realm that controlled much of Southeast Europe, West Asia, and North Africa from the 14th to early 20th centuries; it also controlled parts of southeastern Centr ...

and from the

Russian Revolution The Russian Revolution was a period of Political revolution (Trotskyism), political and social revolution, social change in Russian Empire, Russia, starting in 1917. This period saw Russia Dissolution of the Russian Empire, abolish its mona ...

, and was only ratified by nine countries, limiting its scope. The 1951 Convention was adopted by a United Nations Conference on the Status of Refugees and Stateless Persons, convened in Geneva in 1951. The convention was approved on 28 July 1951, and entered into force on 22 April 1954. It was initially limited to providing protection for European refugees from before 1 January 1951 (that is, those displaced by

World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...

), 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) Protocol originally (in Late Middle English, c. 15th century) meant the minutes or logbook taken at a meeting, upon which an agreement was based. The term now commonly refers to ...

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, officially the Republic of Madagascar, is an island country that includes the island of Madagascar and numerous smaller peripheral islands. Lying off the southeastern coast of Africa, it is the world's List of islands by area, f ...

and

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

are parties only to the convention, while

Cape Verde Cape Verde or Cabo Verde, officially the Republic of Cabo Verde, is an island country and archipelagic state of West Africa in the central Atlantic Ocean, consisting of ten volcanic islands with a combined land area of about . These islands ...

, the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

of America and

Venezuela Venezuela, officially the Bolivarian Republic of Venezuela, is a country on the northern coast of South America, consisting of a continental landmass and many Federal Dependencies of Venezuela, islands and islets in the Caribbean Sea. It com ...

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(a) of the convention " grandfathers" in those accepted under previous conventions: without excluding anyone falling under subsection b who was ruled not a refugee under previous systems. Article 1(b) of the convention defines a

as a person who: With the passage of time and the emergence of new refugee situations, the need was increasingly felt to make the date specific provisions of the 1951 Convention applicable to later 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 restrict ...

was prepared, and entered into force on 4 October 1967. The UNHCR is called upon to provide international protection for 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 Af ...

by the

Organisation of African Unity The Organisation of African Unity (OAU; , OUA) was an African intergovernmental organization established on 25 May 1963 in Addis Ababa, Ethiopia, with 33 signatory governments. Some of the key aims of the OAU were to encourage political and ec ...

(since 2002

African Union The African Union (AU) is a continental union 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 African Union. The b ...

) 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, Colombi ...

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

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

and Central Americas,

Mexico Mexico, officially the United Mexican States, is a country in North America. It is the northernmost country in Latin America, and borders the United States to the north, and Guatemala and Belize to the southeast; while having maritime boundar ...

and the

Caribbean The Caribbean ( , ; ; ; ) is a region in the middle of the Americas centered around the Caribbean Sea in the Atlantic Ocean, North Atlantic Ocean, mostly overlapping with the West Indies. Bordered by North America to the north, Central America ...

. Some scholars have started to consider this definition unsuitable for contemporary society, as, 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 after 3 years (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

There is no body that monitors compliance. The

United Nations High Commissioner for Refugees The Office of 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, l ...

(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; , CIJ), or colloquially the World Court, is the only international court that Adjudication, adjudicates general disputes between nations, and gives advisory opinions on International law, internation ...

. 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 yea ...

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, freedom ...

or with the UN

Committee on Economic, Social and Cultural Rights The Committee on Economic, Social and Cultural Rights (CESCR) is a United Nations treaty body entrusted with overseeing the implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR). It is composed of 18 expe ...

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 into force on 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 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.

References

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

External links