1. 2. [2], The Refugee Convention builds on Article 14 of the 1948 Universal Declaration of Human Rights, which recognizes the right of persons to seek asylum from persecution in other countries. Refugees shall be treated at least like nationals in relation to, Refugees shall be treated at least like other non-nationals in relation to. Considering that the grant of asylum may place unduly heavy burdens on certain countries, and that a satisfactory solution of a problem of which the United Nations has recognized the international scope and nature cannot therefore be achieved without international co-operation. Unable or unwilling to avail him or herself of the protection . This Convention shall be open from 28 July 1951 for accession by the States referred to in paragraph 2 of this article. According to this principle, a refugee should not be returned to a country where he or she faces serious threats to their . Thank you very much for posting an informative and helpful post. "owing to 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, is unable or, owing to such fear, is unwilling to return to it. treatment of refugees is the United Nations Convention relating to the Status of Refugees of 28th July 1951. Contracting States which, under their legislation, are prevented from applying the general principle expressed in this article, shall, in appropriate cases, grant exemptions in favour of such refugees. The 1967 Protocol 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. Each Contracting State shall accord to refugees lawfully staying in their territory who hold diplomas recognized by the competent authorities of that State, and who are desirous of practising a liberal profession, treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances. Any State making a reservation in accordance with paragraph 1 of this article may at any time withdraw the reservation by a communication to that effect addressed to the Secretary-General of the United Nations. The third limit concerns the lack of a broader integration between the refugee definition and other human rights, as only violations of civil and political rights are considered for determining the refugee status. [iii] Although the 1984 Cartagena Declaration on Refugees is a non-legally binding document, it has influenced several domestic legislations in the Latin American region to adopt its expanded refugee definition. The expulsion of such a refugee shall be only in pursuance of a decision reached in accordance with due process of law. [i] Based on JUBILUT, Liliana Lyra; MADUREIRA, Andr de Lima. Commentary: Climate change is worsening the world's refugee crisis 1. 1. This Article, as amended by the 1967 Protocol, [ii] For further information on the three generations of human rights, please refer to: . [21], "CRSR" redirects here. 16 The High Commissioner notes that "with the passage of time and the emergency . This definition is extended by criteria contained in regional instruments and in national law, as applicable. At the time of signature, ratification or accession, any State may make reservations to articles of the Convention other than to articles 1, 3, 4, 16 (1), 33, 36-46 inclusive. Study Guide - The Rights of Refugees - University of Minnesota If you are UNHCR staff, please use your UNHCR credentials to log in. [3], The rights created by the Convention generally still stand today. The principle of non-refoulement has been defined in a number of international instruments relating to refugees, both at the universal and regional levels. Stay tuned for tomorrows article on the principle of non-refoulement. 2. 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 Americas, Mexico and the Caribbean. Support our work. The Secretary-General of the United Nations shall inform all Members of the United Nations and non-member States referred to in article 39: (a) Of declarations and notifications in accordance with section B of article 1; (b) Of signatures, ratifications and accessions in accordance with article 39; (c) Of declarations and notifications in accordance with article 40; (d) Of reservations and withdrawals in accordance with article 42; (e) Of the date on which this Convention will come into force in accordance with article 43; (f) Of denunciations and notifications in accordance with article 44; (g) Of requests for revision in accordance with article 45. Any Contracting State may request revision of this Convention at any time by a notification addressed to the Secretary-General of the United Nations. The 1951 Convention, which was drafted after World War II, is the foundation of international refugee law that defined "refugee," set principles preventing forced return of refugees to places where their lives or freedom would be threatened, and established the refugees' and signing countries' rights and responsibilities. That inter-war period saw successive attempts by the community of nations to deal with different refugee problems as they emerged. We had about 60 million people on the move as a result of persecution, as a result of conflict, as a result of violence - just in the Forties. PDF THE REFUGEE CONVENTION, 1951 - UNHCR - The UN Refugee Agency The benefit of the present provision may not, however, be claimed by a refugee whom there are reasonable grounds for regarding as a danger to the security of the country in which he is, or who, having been convicted by a final judgement of a particularly serious crime, constitutes a danger to the community of that country. persons who have fled their country because their lives, safety or freedom have been threatened by generalised violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances which have seriously disturbed public order. Where a refugee has been forcibly displaced during the Second World War from the territory of a Contracting State and has, prior to the date of entry into force of this Convention, returned there for the purpose of taking up residence, the period of residence before and after such enforced displacement shall be regarded as one uninterrupted period for any purposes for which uninterrupted residence is required. A refugee may not invoke the benefit of this provision if he has abandoned his spouse; (c) He has one or more children possessing the nationality of the country of residence. The provisions of paragraphs 2 and 3 apply both to the rights and benefits referred to in articles 13, 18, 19, 21 and 22 of this Convention and to rights and benefits for which this Convention does not provide. A Contracting State shall give sympathetic consideration to the application of refugees for permission to transfer assets wherever they may be and which are necessary for their resettlement in another country to which they have been admitted. Any State which has made a declaration or notification under article 40 may, at any time thereafter, by a notification to the Secretary-General of the United Nations, declare that the Convention shall cease to extend to such territory one year after the date of receipt of the notification by the Secretary-General. 1. Article 1 D on its face excludes those presently receiving protection or assistance from another organ of the United Nations (essentially Palestinian refugees), but also explicitly includes these same people when that assistance or protection has ceased. In the case of a person who has more than one nationality, the term "the country of his nationality" shall mean each of the countries of which he is a national, and a person shall not be deemed to be lacking the protection of the country of his nationality if, without any valid reason based on well-founded fear, he has not availed himself of the protection of one of the countries of which he is a national.". The Convention also provides for some visa-free travel for holders of refugee travel documents issued under the convention. The authority or authorities mentioned in paragraph 1 shall deliver or cause to be delivered under their supervision to refugees such documents or certifications as would normally be delivered to aliens by or through their national authorities. Really useful. The definitions contained in international and regional instruments will generally have been incorporated into the national legal frameworks of the States parties to them. It was initially limited to protecting European refugees from before 1 January 1951 (after World War II), but states could make a declaration that the provisions would apply to refugees from other places. For the purposes of this Convention, the term "in the same circumstances" implies that any requirements (including requirements as to length and conditions of sojourn or residence) which the particular individual would have to fulfil for the enjoyment of the right in question, if he were not a refugee, must be fulfilled by him, with the exception of requirements which by their nature a refugee is incapable of fulfilling. In the territory of any other Contracting States, he shall be accorded the same protection as is accorded in that territory to nationals of the country in which he has his habitual residence. Any Contracting State may denounce this Convention at any time by a notification addressed to the Secretary-General of the United Nations. To find out more about cookies and change your preferences, visit our, Handbook and Guidelines on Procedures and Criteria for Determining Refugee Status, http://unchronicle.un.org/article/international-human-rights-law-short-history/, International law on the rights and protection of migrants New Women New Yorkers. 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. "persons who have fled their country because their lives, safety or freedom have been threatened by generalised violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances which have seriously disturbed public order.
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