Week 10 Refugee

Convention Relating to the Status of Refugees

Adopted on 28 July 1951 by the United Nations Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons convened under General Assembly resolution 429 (V) of 14 December 1950.
Entry into force: 22 April 1954, in accordance with article 43.

Preamble

The High Contracting Parties,

  • Considering that the Charter of the United Nations and the Universal Declaration of Human Rights approved on 10 December 1948 by the General Assembly affirm the principle that human beings shall enjoy fundamental rights and freedoms without discrimination.

  • Recognizing the United Nations' concern for refugees and the need to assure the widest possible exercise of these rights and freedoms.

  • Expressing a desire to revise previous international agreements on refugee status and extend the protections offered by new agreements.

  • Acknowledging that the grant of asylum creates burdens for certain countries, emphasizing the need for international cooperation to address the international scope and nature of refugee problems.

  • Aspiring for all states to prevent refugee issues from causing tension between nations.

  • Noting the role of the United Nations High Commissioner for Refugees in supervising international conventions regarding refugee protection and the necessity of state cooperation to address refugee issues effectively.

Chapter I: General Provisions

Article 1 - Definition of the term "refugee"

A. The term "refugee" applies to any person who:

  1. Has been regarded as a refugee under earlier international arrangements or conventions, namely:

    • Arrangements of 12 May 1926 and 30 June 1928

    • Conventions of 28 October 1933 and 10 February 1938

    • Protocol of 14 September 1939

    • Constitution of the International Refugee Organization

    • Decisions of non-eligibility by the International Refugee Organization do not prevent the status of refugee for those meeting the conditions described in paragraph 2.

  2. As a result of events occurring before 1 January 1951 and due to a well-founded fear of persecution based on:

    • Race

    • Religion

    • Nationality

    • Membership of a particular social group

    • Political opinion

    • Is outside the country of nationality and unable, or unwilling due to such fear, to seek protection from that country; or lacks nationality and is outside their former habitual residence for the same reasons.

    • If a person has multiple nationalities, "country of nationality" refers to each nation of which they are a national, and individuals cannot be considered lacking protection in their nationality country if fear is not validly demonstrated.

B. Events occurring before 1 January 1951:

  1. The phrase refers to either: (a) Events occurring in Europe before 1 January 1951, or (b) Events occurring in Europe or elsewhere before this date.

    • Each Contracting State must declare their interpretation upon signature, ratification, or accession.

  2. A state identifying with option (a) may later extend its obligations by adopting option (b) via notification to the Secretary-General of the United Nations.

C. The Convention ceases to apply to any individual in section A if:

  1. They voluntarily return to their nationality country's protection.

  2. They voluntarily reacquire a lost nationality.

  3. They gain a new nationality and have protection from their new country.

  4. They voluntarily re-establish themselves in their former country or refuse protection when it is no longer denied.

  5. Circumstances warranting their refugee status no longer exist, except for individuals able to invoke previous persecution reasons.

  6. Individuals without nationality can return to their former habitual residence based on changed circumstances unless they can invoke prior persecution reasons.

D. This Convention does not apply to those currently receiving protection or assistance from UN organs, different from the UN High Commissioner for Refugees (UNHCR). If such protection ceases, they will automatically gain benefits from this Convention.

E. The Convention does not apply to individuals recognized by authorities in their residence country as entitled to benefits associated with local nationality rights.

F. Provisions of this Convention do not apply to individuals judged to have:
(a) Committed crimes against peace, war crimes, or crimes against humanity per international law.
(b) Committed serious non-political crimes outside the country of refuge prior to admission as a refugee.
(c) Engaged in acts against the purposes and principles of the United Nations.

Article 2 - General Obligations

Every refugee shall have duties to the residing country that necessitate conformity to local laws and regulations, as well as maintenance of public order.

Article 3 - Non-discrimination

Contracting States must apply the provisions of this Convention to refugees without discrimination based on race, religion, or country of origin.

Article 4 - Religion

Contracting States must provide refugees the same religious rights as granted to nationals, specifically concerning religious practice and education for children.

Article 5 - Rights Granted Apart from this Convention

This Convention will not interfere with any rights or benefits granted to refugees by a Contracting State outside this Convention's framework.

Article 6 - "In the Same Circumstances"

The term "in the same circumstances" indicates that any requirements a refugee must meet for a right they seek must be fulfilled similarly to non-refugees, minus those beyond their capabilities due to their refugee status.

Article 7 - Exemption from Reciprocity

  1. Except where more favorable provisions exist in this Convention, refugees should be treated equally to aliens generally.

  2. After three years of residence, all refugees gain exemption from legislative reciprocity in Contracting States.

  3. Contracting States must maintain rights already accorded to refugees without requiring reciprocity upon the Convention's enforcement.

  4. Contracting States should consider extending additional rights and benefits to refugees without reciprocity.

  5. Provisions also apply to rights and benefits specified in Articles 13, 18, 19, 21, and 22 of this Convention and further rights not outlined herein.

Article 8 - Exemption from Exceptional Measures

Regarding exceptional measures against foreign nationals, such measures cannot be applied to a refugee solely based on their nationality.

Article 9 - Provisional Measures

Nothing in this Convention hinders a Contracting State from taking provisional measures deemed necessary for national security during times of war or crisis prior to establishing the person’s refugee status.

Article 10 - Continuity of Residence

  1. For refugees forcibly displaced during WWII, their enforced sojourn in a Contracting State is considered lawful residence.

  2. Periods of residence before and after enforced displacement are treated as continuous for residency requirements.

Article 11 - Refugee Seamen

Refugees serving on crew members of ships under a Contracting State's flag should be given favorable consideration for establishing themselves in the territory, along with travel documents to facilitate potential resettlement.

Chapter II: Juridical Status

Article 12 - Personal Status

  1. The personal status of a refugee is governed by the laws of their domicile or, lacking this, their country of residence.

  2. Pre-existing rights dependent on personal status (like marriage rights) shall be respected if compliant with local laws, assuming such rights would be recognized had the individual not become a refugee.

Article 13 - Movable and Immovable Property

Contracting States shall grant refugees treatment favorable as possible regarding property acquisition, at minimum equal to that of aliens in similar circumstances.

Article 14 - Artistic Rights and Industrial Property

Refugees are entitled to the same protection for industrial property in their habitual residence as nationals, and the same treatment in other Contracting States as in their habitual residence country.

Article 15 - Right of Association

Non-political and non-profit associations and trade unions must accord refugees the most favorable treatment granted to foreign nationals in similar circumstances.

Article 16 - Access to Courts

  1. Refugees must have free access to courts in Contracting States.

  2. They should receive treatment equal to nationals regarding court access, including legal assistance.

  3. In other countries, refugees will receive treatment equivalent to nationals in their habitual residence.

Chapter III: Gainful Employment

Article 17 - Wage-earning Employment

  1. Contracting States will afford refugees treatment equal to foreign nationals concerning wage-earning employment.

  2. Restrictions on aliens for labor market protection won't affect refugees fulfilling certain conditions:
    (a) Three years of residence,
    (b) Spouse holds citizenship, or
    (c) Children hold citizenship.

  3. States are encouraged to assimilate refugees' wage-earning rights with nationals—especially those entering through labor recruitment programs.

Article 18 - Self-employment

States must give refugees treatment as favorable as possible for engaging in self-employment across various sectors.

Article 19 - Liberal Professions

  1. Refugees with recognized diplomas wishing to practice liberal professions will receive treatment equal to aliens in similar circumstances.

  2. States should endeavor to facilitate settlement of refugees in territories for their international relations.

Chapter IV: Welfare

Article 20 - Rationing

In rationing systems applying to the general populace, refugees must receive equal treatment with nationals regarding distribution of scarce products.

Article 21 - Housing

Refugees lawfully residing must be accorded favorable treatment in housing, not less than that given to aliens in similar situations.

Article 22 - Public Education

  1. Refugees must receive equal treatment as nationals for elementary education.

  2. For other education levels, favorable treatment must be given, including access to studies, recognition of foreign education credentials, fee remission, and scholarships.

Article 23 - Public Relief

States shall provide refugees equal public assistance and relief compared to nationals.

Article 24 - Labour Legislation and Social Security

  1. Contracting States must ensure refugees receive treatment equal to nationals in multiple labor and social security domains, including:
    (a) Wages and allowances, working hours, holidays, restrictions, and collective bargaining rights.
    (b) Social security benefits related to workplace injuries, old age, unemployment, and family responsibilities with certain limitations.

  2. Compensation rights for working-related deaths remain viable regardless of resident status outside of the Contracting State.

  3. States will offer refugees benefits under social security agreements as applied to nationals, extending similar agreements to non-contracting states where possible.

Chapter V: Administrative Measures

Article 25 - Administrative Assistance

  1. If normally required rights necessitate assistance from foreign authorities, the residing Contracting State will provide that assistance through its own authorities.

  2. Authorities will generate and deliver necessary documentation for refugees as would be expected for aliens.

  3. Such documents will be accorded the same credibility as that issued to aliens.

  4. Fees for services may be charged but should align with nationals’ charges, considered moderate.

Article 26 - Freedom of Movement

Contracting States must grant refugees the right to choose residence and movement freely within its territory under regulations applicable to aliens.

Article 27 - Identity Papers

Contracting States must issue identity papers to refugees without valid travel documents within their territory.

Article 28 - Travel Documents

  1. Refugees legally residing must be issued travel documents unless national security or public order reasons override this necessity.

  2. Prior international travel documents must be acknowledged similarly to Convention-issued documents.

Article 29 - Fiscal Charges

  1. States shall not impose duties or taxes on refugees higher than those levied on their own nationals in similar situations.

  2. Such laws may still apply concerning charges for administrative documents.

Article 30 - Transfer of Assets

  1. Contracting States will permit refugees to transfer assets brought into their territory for resettlement.

  2. States should sympathetically consider applications for asset transfers necessary for resettlement.

Article 31 - Refugees Unlawfully in the Country of Refuge

  1. States cannot penalize refugees for illegal entry from territories where their life was at risk if they present themselves to authorities promptly with valid reasons.

  2. Restrictions on movement should only be those necessary until their status is regularized or until they find admission elsewhere.

Article 32 - Expulsion

  1. Lawfully present refugees cannot be expelled except on national security or public order grounds.

  2. Expulsion decisions must follow due process, allowing refugees to present evidence and appeal.

  3. They must receive time to seek legal admission elsewhere.

Article 33 - Prohibition of Expulsion or Return ("refoulement")

  1. No refugee shall be expelled or returned to a territory where their life or freedom would be threatened due to their race, religion, nationality, social membership, or political opinion.

  2. This provision does not apply to refugees deemed dangerous to national security or those convicted of serious crimes.

Article 34 - Naturalization

Efforts should be made to facilitate refugees' assimilation and naturalization, expediting related processes and minimizing costs.

Chapter VI: Executory and Transitory Provisions

Article 35 - Co-operation of National Authorities with the United Nations

  1. Contracting States commit to cooperate with the UNHCR and any succeeding agency, assisting in the supervision of this Convention.

  2. States must provide information and statistics concerning:
    (a) Conditions affecting refugees,
    (b) Implementation of this Convention,
    (c) Relevant national laws and regulations.

Article 36 - Information on National Legislation

States shall communicate the laws and regulations adopted to uphold this Convention to the Secretary-General of the UN.

Article 37 - Relation to Previous Conventions

This Convention supersedes earlier arrangements and conventions related to refugees for Party members, while maintaining provisions in Article 28, paragraph 2.

Chapter VII: Final Clauses

Article 38 - Settlement of Disputes

Disputes among Parties relating to interpretation or application of this Convention unresolved by other means shall be referred to the International Court of Justice at the request of any party involved.

Article 39 - Signature, Ratification and Accession

  1. The Convention is open for signing at Geneva starting 28 July 1951.

  2. It may be signed by all UN Member States and other invited nations, which must ratify and deposit their instruments with the Secretary-General.

  3. Accession can occur upon deposit of an instrument with the Secretary-General from the date of opening for signature.

Article 40 - Territorial Application Clause

  1. States may declare the Convention extends to specific territories they oversee at the time of signature or ratification.

  2. Notifications for extensions may be filed afterward, subject to a 90-day notice period.

  3. Consideration should be given to extending the Convention to territories not included initially, requiring necessary governmental consent.

Article 41 - Federal Clause

Requirements of this Convention concerning federal or non-unitary states distinguish between federal law jurisdictions and constituent states, where applicable.

Article 42 - Reservations

  1. States may make reservations to articles other than those specifically restricted when signing or ratifying.

  2. Reservations may be withdrawn through communication with the Secretary-General.

Article 43 - Entry into Force

  1. This Convention comes into effect 90 days after the sixth ratification or accession.

  2. Subsequent ratifications mean it takes effect 90 days post the new ratification date.

Article 44 - Denunciation

  1. A state may denounce this Convention through notification to the Secretary-General.

  2. The denunciation becomes effective one year from the notification date.

  3. Provisions regarding extensions to territories also apply to denunciation processes.

Article 45 - Revision

  1. Requests for revision of this Convention may be sent to the Secretary-General for consideration of steps by the UN General Assembly.

Article 46 - Notifications by the Secretary-General of the United Nations

The Secretary-General will notify all relevant parties of various declarations, signatures, ratifications, accessions, reservations, and notifications regarding this Convention.