Honey the Hamster

The 1951 Convention contains a number of rights and also highlights the obligations of refugees towards their host country. The cornerstone of the 1951 Convention is the principle of non-refoulement set out in article 33. According to this principle, a refugee should not be returned to a country where he or she is seriously threatened with death or liberty. This protection must not be used by refugees who are reasonably regarded as a threat to the security of the country or who are considered a danger to the Community following a conviction for a particularly serious offence. The main task of the High Commissioner, as set out in paragraph 1 of the Statute annexed to resolution 428 (V), is to provide “international protection” to refugees and to seek “durable solutions to the refugee problem” with the support of Governments. Its protection functions include, in particular, “promoting the conclusion and ratification of international conventions for the protection of refugees, monitoring their implementation and proposing amendments” (paragraph 8 (a) of the Statute). Although reservations are generally accepted by both the Convention and the Protocol, the integrity of certain articles is absolutely protected, including article 1 (definition); 3 (non-discrimination); 4 (religion); 16(1) (access to justice); and 33 (non-refoulement). The Convention also prohibits reservations to articles 36 to 46 containing a provision authorizing any party to the dispute to apply to the International Court of Justice (article 38). The corresponding provision of the 1967 Protocol (article IV) may be the subject of reservations, and some have been formulated; To date (August 2008), however, no State has attempted to use the dispute settlement procedure. Cooperation with UNHCR The Convention is now sometimes portrayed as a relic of the Cold War and inadequate for “new” refugees from ethnic violence and gender-based persecution. It is also said that it is insensitive and even superfluous to security concerns, in particular terrorism and organized crime, given the protection to which everyone is now entitled in principle under international human rights law. The Convention relating to the Status of Refugees, also known as the 1951 Refugee Convention or the Geneva Convention of 28 July 1951,[2] is a multilateral treaty of the United Nations that defines who is a refugee and defines the rights of those granted asylum and the responsibilities of nations that grant asylum.

The Convention also defines which persons are not considered refugees, such as . B war criminals. The Convention also provides for visa-free travel document holders of refugees issued under the Convention. The word non-refoulement is derived from the French refouler, which means to go back or push back. The idea that a State may not, in certain circumstances, return persons to other States is mentioned for the first time in article 3 of the 1933 Convention relating to the International Status of Refugees, in which Contracting Parties have undertaken not to withdraw resident refugees or to keep them out of their territory by means of police measures. such as expulsions or non-admission to the border (refoulement)”, unless required by national security or public order. Each state has undertaken “not to refuse under any circumstances entry to refugees at the borders of their country of origin”. The origins of the 1967 Protocol relating to the Status of Refugees, which reflected the recognition by UNHCR and the Member States of its Executive Committee that there was a gap between UNHCR`s Universal and Unlimited Status and the scope of the 1951 Convention, differed significantly from those of the latter. Instead of an international conference under the auspices of the United Nations, the issues were discussed at a symposium of about thirteen legal experts, which met in Bellagio, Italy, from 21 to 28 April 1965. The symposium did not advocate a complete revision of the 1951 Convention, but opted for a protocol in which States parties would agree to apply the relevant provisions of the Convention, but without necessarily becoming parties to that treaty. The approach was approved by UNHCR`s Executive Committee and the draft minutes were submitted to the Economic and Social Council for transmission to the General Assembly.

The General Assembly took note of the verbatim record (the General Assembly takes note of agreements established outside the United Nations system, rather than accepting or approving them) and requested the Secretary-General to transmit the text to States for accession (resolution 2198 (XXI) of 16 December 1966). The Protocol required only six ratifications and duly entered into force on 4 October 1967. States have also agreed to provide refugees with certain facilities, including administrative assistance (article 25); identity documents (Article 27) and travel documents (Article 28); the granting of an authorisation to transfer assets (Article 30); and facilitation of naturalization (article 34). In practice, States generally involve UNHCR in their decision-making on refugees, and UNHCR regularly provides advice on questions of interpretation. Its Handbook on Procedures and Criteria for Determining Refugee Status, published in 1979 at the request of members of UNHCR`s Executive Committee, is regularly used as binding, if not binding, and more recent guidelines are also increasingly cited in refugee identification procedures. UNHCR`s 1967 Protocol relating to the Status of Refugees is the “guardian” of the 1951 Convention and its 1967 Protocol. According to the legislation, states are supposed to work with us to ensure that the rights of refugees are respected and protected. Article 1A(1) of the 1951 Convention first applies the term `refugee` to any person considered to be a refugee under previous international agreements. Article 1 bis, paragraph 2, now in conjunction with the 1967 Protocol and without time limit, then contains a general definition of a refugee as any person who is outside his country of origin and who, for a well-founded fear of persecution on grounds of race, is unable or unwilling to return or seek protection.

Religion, nationality, membership of a particular group or political opinion. Stateless persons may also be refugees in this sense, with the country of origin (citizenship) understood as a “country of former habitual residence”. Those with more than one nationality are considered refugees under the Convention only if those other nationalities are ineffective (i.e. do not offer protection). .