Human Rights Group 3
Human Rights Group 3
Human Rights Group 3
Group: 3
Class: CLC47D
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TABLE OF CONTENTS:
CONTENTS………………………………………………………………………...3
I. Introduction:................................................................................................ 3
1. Brief overview of the global refugee crisis and the need for international
cooperation:...........................................................................................................3
2. Introduce the 1951 Refugee Convention and its significance in providing
legal protection to refugees:..................................................................................3
3. The 1967 Protocol and its role in expanding the Convention's scope:............4
II. Body:............................................................................................................ 4
1. Historical Context:...........................................................................................4
2. Key Provisions of the 1951 Refugee Convention:............................................5
2.1. Definition of the term “Refugee” as outlined in the Convention:................5
2.2. The principle of non-refoulement and its importance in preventing the
forced return of refugees to persecution:..........................................................5
2.3. Rights and obligations of both refugees and states parties under the
Convention:........................................................................................................6
3. Genesis of the 1967 Protocol:.........................................................................8
3.1 The limitations of the convention:................................................................9
3.2 Overview of the 1967 Protocol:..................................................................11
4. Global Adoption and Impact:........................................................................12
5. Challenges and Contemporary Issues:...........................................................12
6. Future Directions and Reforms:....................................................................13
III. Conclusion:................................................................................................. 14
REFERENCE LIST………………………………………………………………15
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THE 1951 REFUGEE CONVENTION AND ITS 1967 PROTOCOL
I. Introduction:
1. Brief overview of the global refugee crisis and the need for international
cooperation:
The global refugee crisis is becoming an immense challenge for humanity. Each
day, millions of people are forced to leave their homelands in search of safety, a
place they can temporarily call home. But behind these stark numbers are
heartbreaking stories of individuals thrust into dire circumstances, compelled to
abandon everything to survive.
The issue extends beyond the sudden increase in the number of refugees; it
also lies in the complexity and diversity of the causes. Conflicts and wars, poverty,
climate change, and other factors have created an endless refugee storm. This
presents a significant challenge not only for the nations responsible for receiving
refugees but also for the entire globe.
The 1951 Refugee Convention, also known as the Geneva Convention, is not
just a legal document but also a symbol of compassion and international
determination in protecting those facing the hardships and challenges of life. This
Convention was adopted by the United Nations Refugee Council on July 28, 1951.
One of the most crucial meanings of this Convention is the identification and
protection of the fundamental rights of refugees. This Convention ensures that
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refugees are not only guaranteed the right to life and personal freedom but also
protected from illegal expulsion and violent actions. Moreover, they have the right
to access necessary services such as healthcare, education, and employment.
3. The 1967 Protocol and its role in expanding the Convention's scope:
The 1967 Protocol is an extremely important step in expanding the scope and
addressing the limitations of the 1951 Refugee Convention. However, after a
period of implementation, it was recognized that this Convention did not fully
meet the needs of new and diverse refugee situations. Therefore, the 1967
Protocol was created to supplement and amend these limitations.
One of the most significant contributions of the 1967 Protocol is the removal of
restrictions on the time and geographical location for determining who is
considered a refugee. Under the 1951 Convention, only individuals who became
refugees before January 1, 1951, and were in Europe, as well as those refugees
only in conflict areas such as Africa, could enjoy the prescribed rights. However,
the 1967 Protocol eliminated these restrictions and expanded the application
scope of the 1951 Convention, allowing all refugees worldwide to be protected
under international standards.
II. Body:
1. Historical Context:
World War II (1939–1945) stands as one of the most tragic events in the
20th century, causing a series of serious consequences and immense impacts on
millions of people worldwide. During the fierce period of the war, millions of
people around the world faced displacement, destruction, and loss.
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They risked leaving behind their families, loved ones, and even their most
cherished memories just to seek refuge in a safe haven.
During this crisis, the need to protect and assist refugees became
imperative. There was a pressing need for a robust international legal framework
to ensure that these individuals not only received legal protection but also were
welcomed and supported in countries where they sought safety. However, the
major challenge was ensuring that they were not returned to their homeland,
where they could face persecution, imprisonment, or harm. Furthermore,
addressing this situation couldn't rely solely on the efforts of any single nation but
was indeed an international issue, requiring cooperation from all countries
worldwide. This is precisely why the 1951 Refugee Convention was established. It
was not only a significant step in shaping the legal rights of refugees but also a
symbol of compassion.
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of the 1951 Convention relating to the Status of Refugees, and it has become one
of the most fundamental principles in international refugee law.
2.3. Rights and obligations of both refugees and states parties under the
Convention:
Firstly, the right to protection and the legal basis for this right are stipulated
in Article 33 of the 1951 Convention. The principle of non-refoulement is at the
heart of this right. It ensures that refugees will not be expelled or returned to a
place where their lives or freedom may be threatened. This also reflects respect
for the right to life and freedom of each individual.
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healthcare, education, and employment. This helps ensure that they are not
isolated from the local community and also provides them with better living
conditions.
Thirdly, the right to access the courts under Article 16 of the 1951
Convention. The right to access the courts helps protect the rights of fairness and
freedom of refugees and ensures that they have the opportunity to participate in
the trial process fairly and without discrimination.
Fourthly, the right to freedom of movement and settlement, the legal basis
for which is provided in Article 26 of the 1951 Convention, Refugees have the right
to freedom of movement and the choice of where they want to settle, as long as
this does not violate local or international law. This supports their autonomy and
individual choice in resettlement and integration into a new society.
Besides enjoying the rights mentioned above, refugees also have the
following obligations:
Firstly, refugees must comply with the laws and regulations of the receiving
country. This includes adhering to laws regarding security, public order, labor, and
taxation. Moreover, the laws of the receiving country often protect the rights and
freedoms of both citizens and refugees. Compliance with the law ensures that
refugees are not only protected under international law but also guaranteed rights
under domestic regulations. The legal basis for this obligation is outlined in Articles
2 and 12 of the 1951 Convention.
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Firstly, member states have the right to enforce laws. They enforce laws to
ensure they can independently decide on the immigration and displacement of
refugees within the scope of national and international law. Additionally,
protecting refugees is not only a humanitarian responsibility but also a crucial
factor in maintaining global safety and stability. Therefore, when member states
enforce laws to protect refugees, it helps prevent the increase of issues related to
uncontrolled displacement and ensures that everyone has the opportunity to live a
safe and free life.
Besides the rights mentioned above, member states also have the following
obligations:
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treated fairly and safely, compliance with the Convention helps minimize the risk
of conflict in the international community.
Consequences of The Second World War and the part of backdrop of The
Cold War led to many problems, one of the largest of these was the continued
displacement of millions of people, especially just in Europe it is estimated as
many as 65 million people were forced from their homes by the war 1. This is a
finite task, and the mandate of UNHCR - an agency established to assist member
states in implementing the convention, was due to last only 8 years. However,
after the refugee crises in the 1950s, along with the call for support in Europe from
Austria and in North Africa, Tunisia, Morocco on the management of Hungarian
and Algerian Muslim refugees. Morocco and Tunisia had adopted the unlimited
definition, so that they (and UNHCR) could treat Algerian Muslims as refugees, and
Algeria did too2. In addition, in the 1960s, countries in West Africa gained
independence and also announced the adoption of an unlimited definition of
space similar to the above countries instead of a limit.
1 What happened to people displaced by the Second World War?, retrieved April 7 2024.
<https://www.iwm.org.uk/history/what-happened-to-people-displaced-by-the-second-world-war>
2 Benjamin Thomas White, From the 1951 Convention to the 1967 Protocol: how the refugee
regime was globalized, retrieved April 7 2024.
<https://refugeehistory.org/blog/2021/12/9/from-the-1951-convention-to-the-1967-protocol-how-
the-refugee-regime-was-globalized >
3 Benjamin Thomas White, From the 1951 Convention to the 1967 Protocol: how the refugee
regime was globalized
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extend the geographical purview of the Convention, and the limitation was
rectified by the 1967 Protocol4.
The second issue is that the convention gives everyone the right to go to
another country by any means and request refugee status. Many people take
advantage of this to move to another country to live because of many different
factors such as proximity, family and ethnic community networks, job
opportunities and salaries, and the generosity of the system. welfare systems,
levels of tolerance in existing societies, and access to determination systems,
especially disparities in wealth and life chances, create incentives for migration.
Acceptance rates are more revealing of a country's political priorities, or its
attitude to migration, or the weight of numbers it has had to deal with, or its
diplomatic relations with 'sending' countries, than the 'genuineness' of refugee
claims7. Even if the majority of asylum seekers are thought to not fit the
requirements of the Convention, many of them clearly have humanitarian needs,
4 Anasua Basu Ray Chaudhury, Revisiting the 1951 Refugee Convention: Exploring Global
Perspectives, retrieved April 7 2024. <https://www.orfonline.org/research/understanding-the-
relevance-of-the-1951-convention#:~:text=As%20the%20Convention%20fails%20to,and
%20climate%20and%20environment%20disasters>
5 Anasua Basu Ray Chaudhury, Revisiting the 1951 Refugee Convention: Exploring Global
Perspectives
6 Anasua Basu Ray Chaudhury, Revisiting the 1951 Refugee Convention: Exploring Global
Perspectives.
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and more and more people are being granted alternative residence status, which is
frequently temporary.
7 The problem with the 1951 Refugee Convention, retrieved April 8 2024.
<https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:%22library/prspub/
VSC26%22>
8 The problem with the 1951 Refugee Convention, retrieved April 8 2024.
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3.2 Overview of the 1967 Protocol:
Since the adoption of the 1951 Convention, the Convention was limited
temporal and geographical, but many new refugee situations arose around the
world and these people were not protected by the convention. At the same time,
Article 14 of the 1948 Universal Declaration of Human Rights stipulates that
“everyone has the right to seek refuge in another country in case of abuse”, but
this right will be limited to those who commit crimes that violate the purposes,
principles of the United Nations or are not of a political nature. That is why, at the
outset of this protocol, its creators asserted that all refugees as defined in the
Convention desire equal status, irrespective of the deadline of 1 January 1951,
which removes the temporal and geographical constraints that are widely
applicable to the protection of refugees all over the world. In addition, the
Protocol extends the definition of refugees to include those who have been forced
to flee their country due to armed conflict or violence. Moreover, the Protocol
allows ratified States to agree to comply with the 1951 Convention even if they are
not a party. For example, the United States has not ratified the Convention on
Refugees, but has ratified its 1967 Protocol, which means that it is bound to apply
the provisions of that Convention, which pledges to treat refugees in accordance
with internationally recognized legal and humanitarian standards, the principle of
non-refoulement.
The 1951 Convention relating to the Status of Refugees and its 1967
Protocol are widely accepted and ratified by numerous countries around the
world, including a majority of nations in Africa, Asia, Europe, South America, North
America, and the Pacific. Presently, there are 146 member states to the 1951
9 Guy S. Goodwin-Gill, Protocol relating to the Status of Refugees, retrieved 12 April 2024.
<https://legal.un.org/avl/ha/prsr/prsr.html>
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Convention and 147 member states to the 1967 Protocol, according to data
compiled from updated sources by the United Nations High Commissioner for
Refugees (UNHCR). Vietnam is among the member states of both the 1951
Refugee Convention and its 1967 Protocol. This signifies the commitment of
countries accepting and being members to protect the rights and safety of
refugees according to international standards.
The impact of the 1951 Refugee Convention and the 1967 Protocol extends
widely to the management and protection of the rights of refugees worldwide, as
well as other factors such as:
For member countries of the Convention and the Protocol, they may
promote international cooperation as one of the purposes of this convention and
protocol is to encourage international cooperation and shared responsibility in
receiving and protecting refugees.
Also, the 1951 Refugee Convention and the 1967 Protocol serve as global
legal standards for addressing refugee issues, guiding governments in developing
and implementing their own refugee policies.
The current challenges that the 1951 Convention and the 1967 Protocol
must confront in the context of global crises such as the Covid-19 pandemic,
escalating conflicts between Russia and Ukraine, between Iran and Israel, as well
as other international issues, are as follows:
The refugee crisis is one of the foremost challenges the world faces, as
conflicts between nations lead to a dramatic increase in the number of refugees.
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The 1951 Convention and the 1967 Protocol were not designed to handle the large
number of refugees and forced migrants as seen in the world today. Additionally,
countries receiving refugees often struggle with resource shortages and
inadequate support from the international community, making it increasingly
difficult to provide basic services and protection to refugees;
For member states of the Convention and the Protocol, fulfilling obligations
under the Convention still faces hesitation, lack of consensus, and commitment
due to concerns regarding security, economic, and political implications that may
arise when receiving a portion of refugees into their countries. Thus, the lack of
international consensus and commitment is undermining the foundation of the
global refugee protection system;
Therefore, there are multiple reasons why the 1951 Convention and the
1967 Protocol continue to face numerous challenges, but the primary reasons lie
in the attitudes of the member states and differences in national policies, as well
as the strain of accommodating refugee inflows, putting pressure on recipient
countries amidst the increasing number of immigrant refugees. Addressing these
issues requires strong and committed commitment from all stakeholders, from
governments to non-governmental organizations, as well as support from the
international community.
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someone who, due to a well-founded fear of persecution based on race, religion,
nationality, membership in a particular social group, or political opinion prior to
January 1, 1951, is outside their country of nationality and unwilling or unable to
return due to such fear. The 1967 Protocol builds upon this by removing
geographical and temporal restrictions, ensuring that anyone meeting the criteria
is entitled to protection. However, current global realities, including climate
change, environmental disasters, and emerging threats, have led to new forms of
displacement. Therefore, it is crucial to expand the definition to include those
displaced by these evolving challenges. This would not only recognize the changing
nature of displacement but also guarantee that those affected receive the
requisite support and assistance.
Enhancing refugee rights, per Article 24(3) of the 1951 Convention is vital. It
mandates treating refugees on par with nationals in areas like social security under
local laws. Future reforms might detail and safeguard these rights, ensuring access
to education, healthcare, and legal aid, and tackling issues such as gender-based
violence, child protection, and discrimination. These steps aim to protect the
dignity and welfare of refugees globally.
III. Conclusion:
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term solutions, we can strive towards a world where everyone can live safely and
dignified lives.
The 1951 Convention and the 1967 Protocol play significant roles in defining
refugees, establishing a legal framework to protect refugee rights, expanding the
scope of protection, and encouraging international cooperation in assisting
refugees.
* Reference list:
3. Nora Milch Johnsen & Maja Janmyr, State succession to the 1951 Refugee
Convention: the curious case of Mauritius,
https://refugeehistory.org/blog/2021/9/30/state-succession-to-the-1951-
refugee-convention-the-curious-case-of-mauritius, retrieved 7 April 2024.
5. Benjamin Thomas White, From the 1951 Convention to the 1967 Protocol:
how the refugee regime was globalized,
https://refugeehistory.org/blog/2021/12/9/from-the-1951-convention-to-
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the-1967-protocol-how-the-refugee-regime-was-globalized, retrieved 7
April 2024.
10. E. Alper Tarimci, The role of geographical limitation with respect to asylum
and refugee policies within the context of Turkey's EU harmonization
process, https://etd.lib.metu.edu.tr/upload/3/12606825/index.pdf,
retrieved 12 April 2024.
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