Convention Relating to the Status of Refugees (1951 Refugee Convention)

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Aug 20, 2021 - 11:16

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Convention Relating to the Status of Refugees (1951 Refugee Convention)

Explainer

Author: João Victor Stuart

GHRD Intern – International Justice and Human Rights Team

LLB Federal University of Rio de Janeiro, Brazil.

Title: Convention Relating to the Status of Refugees (1951 Refugee Convention)

Adopted by: United Nations General Assembly

When: 28 July 1951

Into Force: 22 April 1954

Status: Legally binding on states who have ratified (145 as at 18 June 2021)

What is the significance of the Convention?

“Bearing in mind that the human problems involved in migration are even more serious in the case of irregular migration and convinced therefore that appropriate action should be encouraged in order to prevent and eliminate clandestine movements and trafficking in migrant workers, while at the same time assuring the protection of their fundamental human rights”

The preamble of the 1951 Refugee Convention reflects its mission to recognize the rights of refugees and asylum seekers as equal to the rights of foreigners living in a given country and in many cases those of national citizens in order to reduce irregular migration and tackle human trafficking.

In addition, it acknowledges the fundamental rights of refugees and asylum seekers, such as freedom of religion and movement and the right to work, education, and accessibility to travel documents; the Convention also defines the term “refugee” in article 1. This term refers to those people that live in a foreign country because of a well-founded fear of persecution based on ethnicity, religion, nationality or political opinion in their original countries, and who are unable or unwilling to seek protection in this country or to return there for fear of persecution.

Another relevant right enshrined in the Refugee Convention is the principle of non-refoulement. Under International Human Rights Law, it means that states must not send or transfer people back to their original or third countries where they would face a risk of irreparable harm, such as torture, ill-treatment or other serious breaches of human rights.

It is worth remembering that states must comply with the principle of non-refoulement regardless of the scenario they are facing at the moment. For this reason, even if states are passing through emergencies, e.g. pandemics, they must not ignore the non-refoulement rule by expelling refugees to other countries.

1967 Protocol

Although the 1951 Refugee Convention represented a step ahead in the process of recognizing the rights of displaced people, it was restricted because it applied only to those who had been displaced due to events occurring before 1 January 1951. The 1967 Protocol expands this scope, because it allows those refugees and asylum seekers that were displaced after 1 January 1951 to enjoy the rights enshrined in the Refugee Convention.

It is worth mentioning that, according to article 1 of the Protocol, if a state ratifies the 1967 Protocol, it automatically agrees to obey and respect the rights and obligations of the Refugee Convention as well, regardless of whether this country has already ratified the Convention or not.

UNHCR as a monitor of the 1951 Refugee Convention

As there is no specific UN committee or body to monitor State’s compliance with the terms of the 1951 Refugee Convention, the United Nations High Commissioner for Refugees became responsible for supervising how countries apply the Convention. According to article 35 of the Convention, states must cooperate with the UNHCR by providing reports to the organ with accurate information and statistical data about the conditions of refugees in that specific country, the implementation of the terms of the Convention and the laws, regulations and decrees which are, or are to be, in force that involves issues of refugees.

The UNHCR is also responsible for designing operational responses to urgent issues involving refugees along with governments by promoting training public officials, advising governments and parliaments about refugee and asylum seeker legislation and administrative decrees, and intervening on lawsuits in the form of amicus curiae.

What are the other applicable international instruments protecting migrant workers?

There are several other human rights treaties whose rules apply to non-citizens, including migrant workers. For example, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families exists to set a minimum threshold of rights for migrant workers and their families in order to avoid the exploitation of migrant employees.

The International Covenant of Civil and Political Rights (ICCPR) also provides numerous provisions applicable to refugees and asylum seekers. One of them is the right to family reunification. It refers to the right of forcibly displaced people to effectively and promptly reunite with their families that were left behind in their original country.

What are some of the enshrined rights for refugees?