Immigraton: United Nations Convention on the State of Refugees

Background information:

Individuals and groups of people have been displaced throughout history and across the planet. When we examine this phenomenon, it is important to recognize that international efforts are required to secure the rights of displaced people. As is the case with a stateless person, one country is not able to advocate for a person or group of people. Individuals and governments can be advocates, but international agreements are helpful in examining the systems in place that lead to displacement.

A turning point in recent history was the 1951 United Nations Convention relating to the Status of Refugees. This led to a clear definition of the term “refugee,” and it outlined the rights of the displaced and how different nations could join to assist displaced persons. Since the 1951 Convention, the definition of refugees has been expanded to be more inclusive of gender (the pronoun “he” was used exclusively in the original definition) and has allowed for more clarity. For example, we now think of displaced persons as being internally displaced when they do not cross a border, or externally displaced when they do cross a border. The 1951 definition did not require all countries to enforce the mandates, allowing for what is often termed “opt in/opt out.” Little is mentioned about persons who seek asylum (protection) from a country by fleeing from it.

The 1951 Convention established the basic rights of refugees, which are:

• Non-refoulement. (The belief that a refugee cannot be returned to a country where they face serious threats to their life or freedom)

• Freedom of movement, which means that refugees have the right to choose their place of residence within the territory and to move freely within that area.

• Liberty and security of the person, which means they should not be forcefully detained.

• Family life, which recognizes the family as the fundamental group unit of society that is entitled to protection. For example, if an individual is granted asylum, dependent relatives are granted the same.

• Education, employment, and access to justice.

Despite these rights being protected under the 1951 Convention and other human rights treaties, refugees in various countries do not enjoy the full or equal legal protection of fundamental privileges. Many countries detain refugees in detention centers.

Created in 2004, the UN’s Guiding Principles on Internal Displacement state that IDPs retain the economic, social, cultural, civil, and political rights as all people in their own country of citizenship or residence. They have the rights to basic humanitarian assistance (food, medicine, and shelter), to be protected from physical violence, to education, to freedom of movement and residence, to participate in political affairs, and to participate in economic activities. Further, they have the right to assistance from competent authorities in voluntary, dignified and safe return, and resettlement and local integration (including help in recovering lost property and possessions). It is the primary duty and responsibility of national authorities to provide protection and humanitarian assistance to IDPs within their jurisdiction. International humanitarian aid organizations play a significant role in assisting IDPs as well.

Additional information:

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Universal Declaration of Human Rights, Articles 13-15 (Gale: US History in Context)