History/ Brief Discussion of the nature and overview of Convention and Protocol Relating to the Status

of Refugees

The core instruments of international refugee law

1. The 1951 Convention

2. 1967 Protocol

A. The 1951 Convention

The 1951 Convention relating to the Status of Refugees is the foundation of international refugee law. It
defines the term “refugee” establishes the principle that refugees should not be forcibly returned to a
territory where their lives or freedom would be threatened and sets out the duties of refugees and
States’ responsibilities toward them.

B. The 1967 Protocol

The 1967 Protocol is independent of, though integrally related to, the 1951 Convention. The Protocol
removes the temporal and geographic limits found in the Convention. By acceding to the Protocol,
States agree to apply the core content of the 1951 Convention.

The 1951 Convention and 1967 Protocol are the modern embodiment of the age-old institution of
asylum, Their strength remains their universal and non-discriminatory character and the fundamental
values they reflect.

The 1951 Convention and 1967 Protocol were designed to assure refugees the widest possible
enjoyment of their rights. In order to respond to regional specificities, States in different parts of the
world have developed regional laws and standards that complement the international refugee
protection regime.

Accession to the 1951 Convention and 1967 Protocol: Why is this important?

The 1951 Convention and the 1967 Protocol are the only global legal instruments explicitly addressing
refugee protection. When a State accedes to the Convention and/or the Protocol it:

• Acknowledges and strengthens the universality of international refugee law, by committing itself to
treating refugees in accordance with internationally recognized standards;

• Helps to avoid friction between States – recognizing that granting asylum is a peaceful, humanitarian
and legal act, not a hostile gesture, and should be understood as such by the refugee’s country of origin;
• Underlines its willingness to cooperate with the international community and UNHCR in finding
solutions to refugee problems;

• Signals the State’s willingness to share responsibilities for protecting refugees and thereby helps
UNHCR to mobilize international support for the protection of refugees

Definition of refugees / stateless persons. Difference with asylum seeker, immigrants

-

A refugee is someone who has left his or her country of origin and is unable or unwilling to return there
because of a serious threat to his or her life or freedom. The international legal definition of the term is
contained in the 1951 Convention. (For more on the refugee definition see Chapter 6.4). Refugees are
entitled to protection from forcible return to their country of origin (the principle of non-refoulement)
and have other rights and duties that are set out in the 1951 Convention.

----- NO OTHER CHOICE BUT TO LEAVE THEIR COUNTRY

WHAT MAKES THEM A REFUGEE?

- LEAVE THEIR COUNTRY AND CROSSED ATLEAST ONE BORDER

- RISK OF PERSECUTION BECAUSE OF THEIR NATIONALITY, RACE OR SEXUAL ORIENTATION,
RELIGION
-

Asylum-seeker” is a general designation for someone who is seeking international protection. In some
countries it is a legal term referring to a person who has applied for refugee status and has not yet
received a final decision on his or her claim. Not every asylum-seeker will ultimately be recognized as a
refugee. However, an asylum-seeker should not be sent back to his or her country of origin until the
asylum claim has been examined in a fair procedure.

A migrant is best understood as someone who chooses to move, not because of a direct threat to life or
freedom, but in order to find work, for education, family reunion, or other personal reasons. Unlike
refugees, migrants do not have a fear of persecution or serious harm in their home countries. Migrants
continue to enjoy the protection of their own governments even when abroad and can return home.

Stateless person A person who is not considered as a national by any State, under the operation of its
law, either because he or she never had a nationality or because he or she lost it without acquiring a
new one.

Can a stateless person be a refugee? The refugee definition explicitly includes persons who do not have
a nationality and who are outside their “country of former habitual residence”. All stateless persons are
not, however, refugees. They must be outside their country of habitual residence for the reasons
indicated in the refugee definition. Being stateless can make someone particularly vulnerable to
violations of his or her rights. They may not have documentation, may not be able to access other rights,
and may face sometimes severe and cumulative discrimination as a result. Whether such treatment rises
to the level of persecution for one of the Convention grounds needs to be determined in the individual
case.
SUMMARY:

How many refugees are there around the world?

At least 82.4 million people around the world have been forced to flee their homes. Among them
are nearly 26.4 million refugees, around half of whom are under the age of 18.

There are also millions of stateless people, who have been denied a nationality and lack access
to basic rights such as education, health care, employment and freedom of movement.
At a time when 1 in every 95 people on earth has fled their home as a result of conflict or
persecution, our work at UNHCR is more important than ever before.

Problems and Issues relating refugees / stateless person

• Language

• Employment

• Housing

• Access to Services – healthcare, legal advice, access to mental health or social services

• Cultural Differences - this can range from social customs to more significant issues such as
attitudes towards gender, religious diversity, ethnicity and sexuality, which can be vastly
different in a new country. (Can cause sense of isolation and affect mental health negatively.)

• Prejudice and Racism -

• Isolation -

• Weather
INTRODUCTION TO JOVAN’s REPORT

As explained above, international refugee law consists of the 1951 Convention and its 1967 Protocol,
and related regional instruments. But, international refugee law does not operate in isolation. It is
complemented by other bodies of law, notably international human rights law, international
humanitarian law, and international criminal law. There is no hierarchical relationship between these
bodies of law, but they are interconnected