The 1951 Refugee Convention: Key Takeaways

    Hi delegates! As you prepare for the conference, you may have noticed that the 1951 Refugee Convention, also known as the Convention Relating to the Status of Refugees, is referenced frequently throughout the discourse on the right to asylum and refugee status. The 1951 Refugee Convention, hereafter referred to as the Convention, is the bedrock on which the entirety of the legal framework for asylum seekers, refugees, and displaced peoples was built. As outlined in the committee topic synopsis, the Convention defines the qualifications for the term “refugee,” outlines the rights and responsibilities of both the refugee and the host state, and stipulates the conditions under which the Convention applies. This blog post will be the first in a three-part series examining the 1951 Convention in greater detail. International treaties can be complicated and confusing, and we hope these posts will help you identify some of the key takeaways from this important agreement. In this blog post, we will be highlighting the key features of the Convention that you should consider when building solutions for the conference.

    Article 1 of the Convention, arguably the most important, defines the term “refugee.” The definition is as follows: “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” (2).

    States party to the agreement were also given the option at signing to choose their preferred interpretation for the phrase “events occurring before 1 January 1951” to mean either: “(a) ‘events occurring in Europe before 1 January 1951’; or (b) ‘events occurring in Europe or elsewhere before 1 January 1951’” (3).

    While the 1967 Protocol Relating to the Status of Refugees expanded this definition (see here: 1967 Protocol Text), both in terms of time and geographic applicability, the substance of the 1951 definition remains the legally accepted definition of a refugee. Besides defining the requirements of the term “refugee,” Article 1 also outlines who cannot claim refugee status. The Convention does not apply in the following cases:

• If the refugee voluntarily re-avails themself to their country of origin; 
• If the refugee acquires a new nationality from another country besides the one they currently reside in or are seeking refugee status from; 
• If the circumstances on which their refugee status are based “cease to exist"
• There are exceptions to this rule - it is not applicable if the refugee can invoke compelling reasons of their previous persecution creating ongoing or irreparable harm; 
• If the refugee is receiving ongoing assistance from other UN agencies under a different classification than refugee 
• This one is somewhat complicated and infrequently applied - if you are interested in this provision, we encourage you to do more research; 
• If the originating country has recognized and competent authorities that can prove the refugee is able to exercise the rights they are entitled to under their nationality
• This is to prevent people from claiming refugee status to move somewhere new for reasons other than persecution and discrimination; 
• Lastly, if the refugee is a war criminal or has committed serious, non-political crimes in the originating state or an intermediary state:
• “they have committed a crime against peace, a war crime, a crime against humanity or a serious non-political crime outside their country of refuge; or
• they are guilty of acts contrary to the purposes and principles of the United Nations" (5). 

    Articles 3 and 4 of the Convention ensure that refugees are protected against discrimination and persecution. Article 3 of the Convention enshrines the principle of non-discrimination against refugees, ensuring states cannot pick and choose which refugees to accept and reject based on immutable characteristics, such as race, gender, and nationality. Article 4 requires states to protect refugees’ right to religious freedom on par with that of their citizens; this does not necessarily guarantee freedom of religion but requires states to offer refugees the equivalent religious protections afforded to their nationals. 

    

    Lastly, Chapters 2 through 5 of the Convention outline the specific rights that all refugees are entitled to. The basic rights are outlined below: 

• "The right not to be expelled, except under certain, strictly defined conditions (Article 32);
• The right not to be punished for illegal entry into the territory of a contracting State (Article 31);
• The right to work (Articles 17 to 19);
• The right to housing (Article 21);
• The right to education (Article 22);
• The right to public relief and assistance (Article 23);
• The right to freedom of religion (Article 4);
• The right to access the courts (Article 16);
• The right to freedom of movement within the territory (Article 26); and
• The right to be issued identity and travel documents (Articles 27 and 28)" (6). 

    While these are the foundational principles of the Convention, this blog post is by no means exhaustive. We encourage you to read the text of the Convention and the 1967 Protocol. Please feel free to comment on this blog post to share any questions, comments, or ideas you have!

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If you are interested in reading the text of the 1951 Convention and 1967 Protocol, see here: Convention and Protocol Relating to the Status of Refugees.
If you are looking for clarification on the provisions of the text and more information on its practical effects, see here: COMMENTARY ON THE REFUGEE CONVENTION 1951 ARTICLES 2-11, 13-37.

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(1) Convention and Protocol Relating to the Status of Refugees.
(2) Ibid.
(3) The 1951 Convention relating to the Status of Refugees and its 1967 Protocol.
(4) Ibid.