The 1951 Refugee Convention | UNHCR (2024)

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The 1951 Refugee Convention

About UNHCR

The 1951 Refugee Convention and its 1967 Protocol are the key legal documents that form the basis of UNHCR’s work.

They define the term 'refugee' and outline their rights and the international standards of treatment for their protection.

The 1951 Refugee Convention | UNHCR (6)

© Arni / UN Archives

Refugees are in extremely vulnerable circ*mstances, lacking the protection of their own countries and facing immense challenges to their safety and well-being. The 1951 Refugee Convention, supplemented byits 1967 Protocol, help protect them.

They are the cornerstone of refugee protection and the key legal documents that form the basis of UNHCR’s work.

The 1951 Convention provides the internationally recognized definition of a refugee and outlines the legal protection, rights and assistance a refugee is entitled to receive.

UNHCR serves as the ‘guardian’ of these documents. We also help governments translate them into national laws to ensure refugees are protected and can exercise their rights.

Core principles of the 1951 Convention

The core principle of the 1951 Convention is non-refoulement, which asserts that a refugee should not be returned to a country where they face serious threats to their life or freedom.

The document outlines the basic minimum standards for the treatment of refugees, including the right to housing, work and education while displaced so they can lead a dignified and independent life. It also defines a refugee’s obligations to host countries and specifies certain categories of people, such as war criminals, who do not qualify for refugee status.

In addition, it details the legal obligations of the States that are party to one or both of these instruments.

View and download the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol

View the Refugee Convention and its Protocol (pdf)

The 1951 Refugee Convention | UNHCR (7)

Refugees from Eastern Europe pictured in a camp in Germany after the Second World War. At UNHCR’s creation in 1950, an estimated 1.25 million refugees were under its mandate.

© UNHCR

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History of the 1951 Refugee Convention

In the aftermath of theFirst World War (1914 - 1918), millions of people fled their homelands in search of refuge. Governments responded by drawing up a set of international agreements to provide travel documents for these people who were, effectively, the first recognizedrefugees of the 20th century. Their numbers increased dramatically during and after the Second World War (1939-1945), as millions more were forcibly displaced.

In response, the international community steadily assembled a set of guidelines, laws and conventions aimed at protecting the basic human rights and treatment of people forced to flee conflict and persecution.

The process, which began under the League of Nations in 1921, culminated in the 1951 Convention which consolidated and expanded on previous international instrumentsrelating to refugees and continues to provide the most comprehensive codification of the rights of refugees at the international level.

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Common questions

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What is the difference between the 1951 Convention and its 1967 Protocol?

In July 1951, a diplomatic conference in Geneva adopted the Convention Relating to the Status of Refugees. It has since been subject to only one amendment in the form of the 1967 Protocol.

Initially, the 1951 Convention was essentially limited to protecting European refugees in the aftermath of the Second World War: The document contains the words “events occurring before 1 January 1951” which are widely understood to mean “events occurring in Europe” prior to that date.

The 1967 Protocol, adopted 4 October 1967, removes these geographic and time-based limitations, expanding the Convention to apply universally and protect all persons fleeing conflict and persecution.

Which countries are party to the 1951 Convention and its 1967 Protocol?

To date, 149 States are parties to the 1951 Convention and/or its 1967 Protocol. To learn more and view which countries are signatories, explore UNHCR’sRefugee Treaty and Legislation Dashboard.

What is the definition of a refugee?

Article 1 of the 1951 Convention defines a refugee as someone who"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 [their] nationality and is unable or, owing to such fear, is unwilling to avail [themself] of the protection of that country; or who, not having a nationality and being outside the country of [their] former habitual residence, is unable or, owing to such fear, is unwilling to return to it."

Regional refugee instruments complement the 1951 Convention and have built upon its definition, by referencing a number of ‘objective’ circ*mstances compelling refugees to flee their countries of origin. For example, the definition outlined in the1969 OAU (Organization of African Unity) Refugee Convention includes‘external aggression, occupation, foreign domination or events seriously disturbing public order’ (Article 1 (2)). The 1984 Cartagena Declaration includes ‘generalized violence, foreign aggression, internal conflicts, massive violations of human rights or other circ*mstances which have seriously disturbed public order’ (paragraph III (3)).

Why do refugees need protection?

States are responsible for protecting the fundamental human rights of their citizens.

When they are unable or unwilling to do so – often for political reasons, based on discrimination, or due to conflict, violence and other circ*mstances seriously disturbing public order – individuals may suffer such serious violations of their human rights that they must leave their homes, their families and their communities to find sanctuary in another country.

Since, by definition, refugees are not protected by their own governments, the international community steps in to ensure they are safe and protected.

Countries that have signed the 1951 Convention are obliged to protect refugees on their territory and treat them according to internationally recognized standards.

What rights do refugees have under the 1951 Convention?

The cornerstone of the 1951 Convention is the principle of non-refoulement contained in Article 33. According to this principle, a refugee should not be returned to a country where they face serious threats to their life or freedom.

Other rights contained in the 1951 Convention include:

  • The right not to be expelled, except under certain, strictly defined conditions (Article 32)
  • The right not to be punished for irregular entry into the territory of a contracting State (Article 31)
  • The right to non-discrimination (Articles 3 and 5)
  • The right to decent work (Articles 17 to 19 and 24)
  • The right to housing, land and property, including intellectual property (Articles 13, 14 and 21)
  • The right to education (Article 22)
  • The right to freedom of religion (Article 4)
  • The right to access to justice(Article 16)
  • The right to freedom of movement within the territory (Article 26and Article 31 (2))
  • The right to be issued civil, identity and travel documents (Articles 12, 27 and 28)
  • The right to social protection (Articles 23 and 24 (2-4)).
Does a refugee also have obligations?

Yes. Refugees are required to abide by the laws and regulations of their country of asylum and respect measures taken for the maintenance of public order.

Can someone be excluded from refugee protection?

Yes. The 1951 Convention only protects persons who meet the criteria for refugee status. Certain categories of people are considered not to deserve refugee protection and should be excluded from such protection. This includes persons for whom there are serious reasons to suspect that:

  • they have committed a crime against peace, a war crime, or a crime against humanity;
  • they have committed a serious non-political crime outside their country of refuge prior to the admission to that country as a refugee; or
  • they are guilty of acts contrary to the purposes and principles of the United Nations.
How can States sign on to the 1951 Convention and its 1967 Protocol?

A State can accede to the 1951 Convention at any time by depositing an instrument of accession with the Secretary-General of the United Nations. The instrument of accession must be signed by the Foreign Minister or the Head of State or Government.

States wishing to accede to the 1967 Protocol should follow the same procedure. States may also accede simultaneously to both the Convention and Protocol, and most States choose to do so.

Learn more about how and why States can accede to the 1951 Convention and its Protocol(pdf).

Key documents and decisions

1951 Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons (Travaux préparatoires)

Records of the 1951 Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons.

  • The Refugee Convention, 1951: The Travaux préparatoires analysed with a Commentary by Dr. Paul Weis
    1990
  • Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons: Summary Record of the Thirty-fifth Meeting
    03 December 1951

  • Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons: Summary Record of the Thirty-second Meeting
    30 November 1951

View more travaux préparatoires documents

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States parties, reservations and declarations

View the list of States that haveacceded to one or both the 1951 Convention and its Protocol.

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Acceding to the 1951 Convention and its Protocol

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Learn more about UNHCR

Learn more about our work today and how we protect people forced to flee their homes.

Learn more about what we do

The 1951 Refugee Convention | UNHCR (2024)

FAQs

The 1951 Refugee Convention | UNHCR? ›

The 1951 Refugee Convention

1951 Refugee Convention
The 1951 Refugee Convention defines a refugee as a person who "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 [their] nationality and is unable or, owing to such fear, is unwilling to ...
https://www.unhcr.org › refugees
and its 1967 Protocol
1967 Protocol
The 1951 Refugee Convention and its 1967 Protocol are the key legal documents that form the basis of UNHCR's work. They define the term 'refugee' and outline their rights and the international standards of treatment for their protection.
https://www.unhcr.org › overview › 1951-refugee-convention
are the key legal documents that form the basis of UNHCR's work. With 149 State parties to either or both, they define the term 'refugee' and outline refugees' rights and States' legal obligations to protect them.

Why is the 1951 Refugee Convention outdated? ›

Rather than asserting the right of individuals to stay home or to return home and enjoy basic human rights, the Convention has thus institutionalised the notion of exile as a solution to refugee problems. Exile is an inappropriate solution to modern refugee problems and in an age of globalisation and regionalisation.

Which countries have not signed the 1951 refugee convention? ›

Important non-signatory states in South and Southeast Asia include India, Bangladesh, Pakistan, Sri Lanka, Malaysia and Indonesia. In other regions of the world, non-signatory states include Eritrea, Libya, Mongolia and Cuba.

Has Iraq signed the 1951 refugee convention? ›

Although Iraq is not a State party to the 1951 Refugee Convention, the country has long been host to refugees, who were recognized on a prima facie basis or through individual status determination.

What reservations did Egypt enter on the 1951 Convention? ›

Upon accession to the 1951 Convention, Egypt entered into reservations with regards to articles 12 (1) (Personal Status), 20 (Rationing), 22 (1) (Public Education), 23 (Public Relief) and 24 (Labour Legislation and Social Security).

What are the main points of the 1951 Refugee Convention? ›

The core principle of the 1951 Convention is non-refoulement, which asserts that a refugee should not be returned to a country where they face serious threats to their life or freedom.

Is the Refugee Convention effective? ›

The 1951 Refugee Convention, the bedrock of international protection for people forced to flee their homes, has saved countless lives. Today, on its 70th anniversary, its critics claim it is the outdated product of another era.

Why did US not ratify Refugee Convention? ›

Wary of international obligations, President Truman refused to sign the U.S. government on to the convention.

What is the difference between a refugee and an asylum seeker? ›

An asylum seeker is someone who is also seeking international protection from dangers in his or her home country, but whose claim for refugee status hasn't been determined legally. Asylum seekers must apply for protection in the country of destination—meaning they must arrive at or cross a border in order to apply.

Is the US part of the 1951 Refugee Convention? ›

Since the US ratified the Protocol in 1968, it undertook a majority of the obligations spelled out in the original 1951 document (Articles 2-34), and Article 1 as amended in the Protocol, as "supreme Law of the Land".

Has China signed the 1951 Refugee Convention? ›

China ratified the 1951 Convention and the 1967 Protocol, in September 1982. It has since been an active participant in the Executive Committee of the High Commissioner's Programme, a panel of countries advising UNHCR and approving its budget.

What is the difference between the 1951 Convention and the 1967 Protocol? ›

1967 Protocol broadens the applicability of the 1951 Convention. The 1967 Protocol removes the geographical and time limits that were part of the 1951 Convention. These limits initially restricted the Convention to persons who became refugees due to events occurring in Europe before 1 January 1951.

Who drafted the refugee convention? ›

Three figures dominated the IRO input into the 1951 Refugee Convention: Paul Weis and Gustave Kullmann, who worked on refugee-related issues during the Second World War and who both went on to work for UNHCR after the IRO was wound up, and Jacques Rubinstein, a Russian refugee who helped author the 1928 League of ...

Who ruled Egypt in 1951? ›

Farouk I (/fəˈruːk/; Arabic: فاروق الأول Fārūq al-Awwal; 11 February 1920 – 18 March 1965) was the tenth ruler of Egypt from the Muhammad Ali dynasty and the penultimate King of Egypt and the Sudan, succeeding his father, Fuad I, in 1936 and reigning until his overthrow in a military coup in 1952.

What are the rights of refugees under the 1951 convention? ›

The 1951 Convention also protects other rights of refugees, such as the rights to education, access to justice, employment, and other fundamental freedoms and privileges similarly enshrined in international and regional human rights treaties.

What European nation ruled Egypt as a colony? ›

Britain colonized Egypt because it wanted to control that country and profit off its economy. It also wanted to secure its access to Asia.

Is the Refugee Convention out of date? ›

It has since become a global document, largely unchanged but for some minor enhancements in its 1967 Protocol. If we left an antique untouched in an attic for seven decades, we wouldn't be surprised to find it has started to look shabby. The same idea holds for the institutions and documents that govern us.

Did the US ratify the 1951 Refugee Convention? ›

Ratified​ by 145 State parties, the convention defines the term “refugee” and outlines the rights of the displaced, as well as the legal obligations of nations and states to protect them. The U.S. government declined to ratify this convention. , which the U.S. government did ratify.

What are the most important rights that the 1951 Convention guarantees for refugees? ›

These rights are written down in the Refugee Convention and in human rights treaties. These rights deal with the possibility of staying in the host country and not being returned to the country of origin (e.g. non-refoulement), education, health care, housing, employment and family among other issues.

What has proved to be a problem regarding the designation definition of refugees? ›

The definition

The problem is that the vast majority of people we think of as refugees are not outside of their country because of fear of persecution for any of those reasons, but are simply fleeing violence – their home is no longer safe: for example it has become a war zone.

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