Refugee

Definition of a refugee[edit]
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.."
[8]


The Convention relating to the Status of Refugees (CRSR) is a United
Nations multilateral treaty that defines who is arefugee, 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
Documents issued under the convention.
Responsibilities of States Parties to the Refugee
Convention[edit]
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.
[9]

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 United Nations High
Commissioner for Refugees (UNHCR) in the exercise of its functions and to help
UNHCR supervise the implementation of the provisions in the Convention.
[9]

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.
[9]

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.
[9]

Innocence of refugees unlawfully entering the
country of refuge[edit]
A refugee has 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 faith- 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)).
[9]

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.
[9]
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