1951 Geneva Refugee Convention

Curious to understand where UNHCR began all of its work i looked into the 1951 Geneva Refugee convention which set the stage for global refugee policy & legal rights. After the General Assembly called forth for the United Nations Conference to meet in Geneva to draft a convention  regulating the legal status of refugees, provisions of the convention concerning the definition of the term refugee and the principle of non-refoulment were established: i.e that no Contracting state shall expel or return "refouler" a refugee, against his/her will in any manner into a territory where he/she fears persecution.

The convention spelled out clearly who was a refugee, and the kind of legal assistance and protection he/she could receive from states participating and signed to it, what those refugees were obligated to concerning host governments, and what eligibility confinements there were, such as war criminals not qualifying for refugee status. Initially established to protect European refugees in the aftermath of World War II it eventually expanded scope to include all internationally displaced individuals, a  number which is rapidly increasing with new global conflicts and changes in patterns of global migration. The convention served as the first truly international agreement covering the most fundamental aspects of refugee life, spelling out the necessary basic human rights, and emphasizing the need for international cooperation.

The 1951 convention included elements such as refugee right to work, travel, and receive education and outlined qualification guidelines. Later the 1967 Protocol was a means to turn the Conventio

n into a more universal document, stripping the geographical and time constraints, which initially only enabled europeans involved in events before 1951 to apply for refugee status, and transformed into a universal document that could help receive refugee status anywhere in the world, eligible for "international protection".

 Important to note, that individuals fleeing their regions but remaining in their countries borders are categorized as internally displaced people (IDP) and cannot qualify for refugee status. The IDP count in the last couple of years has surpassed 25 million and is a huge issue, as these uprooted people also deserve to be better protected. 

As of August 2007 there were 147 state parties affiliated with these instruments- being the Convention & the Protocol which have served as the principal international instruments established for the protection of refugees.

The Refugee Agency seeks to assist refugee in one of three ways:

1. locally integrate refugees
2. voluntary return to homeland
3. resettlement in 'third' countries (if other two not possible)

The definition of refugee is covered explicitly in the Convention- Excerpt Below:

Article 1 

definition of the term “refugee” 

A. For the purposes of the present Convention, the term “refugee” shall 

apply to any person who: 

(1) Has been considered a refugee under the Arrangements of 12 May 1926 

and 30 June 1928 or under the Conventions of 28 October 1933 and 10 

February 1938, the Protocol of 14 September 1939 or the Constitution of 

the International Refugee Organization; 

 Decisions of non-eligibility taken by the International Refugee Organ- 

ization during the period of its activities shall not prevent the status 

of refugee being accorded to persons who fulfil the conditions of para- 

graph 2 of this section; 

(2) As a result of events occurring before 1 January 1951 and owing to well- 

founded fear of being persecuted for reasons of race, religion, national- 

ity, membership of a particular social group or political opinion, is out- 

side 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. 

 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 protec- 

tion 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. 

Please access PDF document below:

UNHCR : 1951C0nvention And 1967 Protocol Relating to the Status of Refugees