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Disabled persons who have to leave their countries find themselves in particularly difficult situations. In addition to the harsh conditions in which refugees find themselves, such as living in refugee camps, or when applying for refugee statues in third countries, or even when they even have acquired the status of refugee, disabled refugees are extremely disadvantaged compared to other refugees. Most of them do not even get the chance to leave their countries. Every refugee has to fight to stay alive and disabled refugees are almost always left behind. Disabled refugees are an extremely vulnerable group and are, therefore, in need of special attention. However, there are no legal instruments at an international level, as such, to protect the rights disabled refugees. Disabled refugees can only refer to scattered provisions of conventions, instruments and international humanitarian law.
According to the Convention relating to the Status of Refugees, the legal definition for a refugee is "…a person who is outside his country of origin and cannot return to it owing to a well-founded fear of persecution for reasons of race, religion, nationality, or political opinion." Indeed Article 1 states: "The term refugee shall apply to any person who: as a result of events occurring before 1 January 1951 and 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 as a result of such events, is unable or, owing to such fear is unwilling to return to it".
The 1951 dateline originated in the wish of Governments, at the time the Convention was adopted, to limit their obligations to refugee situations that were known to exist at that time, or those which might subsequently arise from the events that had already occurred. By accession to the 1967 Protocol, States undertake to apply the substantive provisions of the Convention to refugees as defined in the Convention, but without the 1951 dateline.
All of the provisions of the Convention are applicable to disabled refugees, as they apply to all kinds of refugees. The most important ones are:
a) Article 24 of the Convention relating to the Status of Refugees: "The Contracting States shall accord to refugees lawfully staying in their territory the same treatment as is accorded to nationals in respect of the following matters:
Social security (legal provisions in respect of employment injury, occupational diseases, maternity, sickness, disability, old age, death, unemployment, family responsibilities and any other contingency which, according to national laws or regulations, is covered by social security scheme), subject to the following limitations: there may be appropriate arrangements for the maintenance of acquired rights and rights in course of acquisition; national laws or regulations of the country of residence may prescribe special arrangements concerning benefits or portions of benefits which are payable wholly out of public funds, and concerning allowances paid to persons who do not fulfil the contribution conditions prescribed for the award of a normal pension."
b) However, the main provisions to which disabled refugees will refer for their protection will be the following ones: Articles 3, 7, 17, 18, 19, 31, 33.
The Standard Rules on the Eualization of Opportunities for Persons with Disabilities present the United Nations core in the field of disability. These rules seek to provide guidelines for efforts by Governments to further opportunities for equal participation of persons with disabilities in all aspects of society. The 22 Rules listed in the Annex to General Assembly resolution 48/96 represent practical tools to improve the quality of life and well-being of persons with disabilities, and focus on removal of barriers to their full and effective participation in social and economic development. The Rules contain a monitoring mechanism as a means to provide assistance in continuing efforts, on the part of Governments in implementing the Rules, to further advance rights of persons with disabilities. Although the Rules do not have full force in international law, the Rules as adopted by a large number of States, can imply a strong moral and political commitment to the equalisation of opportunities for disabled persons world-wide.
Rule 21 requires that measures to achieve the equalisation of opportunities of disabled refugees should be integrated into general development programmes.
The Trust Fund for Handicapped Refugees was set up with funds originating from the Nobel Peace Prize granted to the UNHCR in 1981. Before this, little was known of disabled refugees, many or whom became disabled through experiences of violence or distress. Since then, the UNHCR has helped many disabled refugees by covering the costs of social, medical and rehabilitative assistance when these were not provided by the home country of the refugee, or when access and facilities were denied to disabled refugees.
The Guidelines for Educational Assistance to Refugees emphasise that all "…measures for disabled refugees are based on all the concept of community-level care and are incorporated into the overall Care and Maintenance Programme."
Within all refugee populations there are significant numbers of disabled refugee children for whom preventive action, special assistance and rehabilitation are needed. The Conclusion on Refugee Children39 stresses that "… the need for internationally and nationally supported programmes geared to preventive action, special assistance and rehabilitation for disabled refugee children and encouraged States to participate in the "Twenty or More" Plan providing for the resettlement of disabled refugee children." The "Ten or More" plan created in 1973 and increased in 1984 to the "Twenty or More" plan, together with other special programmes, gives the highest priority to children who are disabled or torture victims.
Recognition of disabled refugee women, who are subject to at least double discrimination, is taken into account within the UNHCR guidelines.
Article 4 of the Convention Governing the Specific Aspects of Refugees Problems in Africa states: "Member States undertake to apply the provisions of this Convention to all refugees without discrimination as to race, religion, nationality, membership of a particular social group or political opinions." (emphasis added).
The Addis Ababa Document on Refugees and Forced Population Displacements in Africa states in the recommendation 8 states that " …the international Community, the UN, the UNHCR and other relevant organisations, should support and assist host Governments in fulfilling their responsibilities towards refugees in a manner consistent with the principles of refugee law on the one hand, and legitimate national security, social and economic interests on the other hand. In particular, financial, material and technical assistance should be made available to (…) provide food, water, shelter, sanitation and medical services on a timely basis so that refugees and local populations alike are not put in a life-endangering situation."
39 Adopted by the Executive Committee of the UNHCR in 1987, Conclusion No. 47 (XXXVIII)
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