Geneva, 28 July 1951
New York, 31 January 1967
Objectives
In the aftermath of the Second World War, Member States of the United Nations
became acutely aware of the problems of refugees and particularly of the
need to ensure respect for their basic rights. The Convention and the Protocol
are the most comprehensive instruments governing the legal status of refugees
which have been adopted to date at the international level. They contain
the minimum humanitarian standards for the treatment of refugees. Both
instruments strengthen international cooperation and solidarity on behalf
of refugees, and depoliticize the act of granting asylum. The Convention
contains both time and geographical limitations (the latter being optional)
with regard to the refugee definition. The purpose of the Protocol was
to remove such limitations. The Protocol is an independent, though integrally
related, international treaty. The majority of States are Contracting Parties
to both the Convention and the Protocol, thereby underlining the universality
of the two fundamental instruments concerning refugees.
Key Provisions
Contracting Parties to the Convention relating to the Status of Refugees
and to its Protocol undertake to protect refugees according to the terms
set out in those instruments.
The Convention provides the definition of a refugee. A refugee is a person
who is outside one's country of origin (or habitual residence in the case
of stateless persons) and who, owing to a well-founded fear of persecution
for reasons of race, religion, nationality, membership of a particular
social group or political opinion, is unable or unwilling to avail oneself
of the protection to which one is entitled.
In addition, the Convention stipulates when a person ceases to be a refugee
and excludes from refugee status persons who have committed crimes against
peace, war crimes, crimes against humanity and serious non-political crimes
committed outside the country of refuge.
The Convention also contains provisions on the rights and obligations of
refugees, including, in particular, provisions to the effect that refugees
should: i) not be expelled or returned to territory where their life or
freedom would be threatened; not be penalized for having entered or being
illegally in the country where they seek asylum; not be expelled except
in exceptional circumstances to protect national security and public order;
and ii) be obliged to conform to the laws and regulations of the country
in which they find themselves, including measures taken to maintain public
order.
The Convention sets out the standards for the economic and social rights
of refugees. Furthermore, it prohibits discrimination against refugees
on the basis of race, religion or country of origin.
Contracting Parties undertake to cooperate with the Office of the United
Nations High Commissioner for Refugees (UNHCR) to facilitate its duty of
supervising the application of the provisions of the Convention and its
Protocol. The UNHCR was established by General Assembly resolution 319
(IV) of 3 December 1949 and began operation on 1 January 1951. One of UNHCR's
core functions is to provide international protection to refugees, inter
alia, by promoting the conclusion and ratification of international
conventions for the protection of refugees and supervising their application.
CONVENTION
TEXT| Entry into force: 22 April 1954
Status as at 15 June 2000: Signatories: 20 Contracting Parties: 136 |
PROTOCOL
| Entry into force: 4 October 1967
Status as at 15 June 2000: Signatories: -- Contracting Parties: 135 |