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
Participation Status Information
PROTOCOL