Global interest in establishing rules to protect refugees around the world began in the first part of the twentieth century under the umbrella of the League of Nations, which is the international body Which It preceded the United Nations on January 10, 1920. On July 25, 1951, the United Nations General Assembly approved the Convention relating to the Status of Refugees, thus reaching the culmination of the process of developing a set of laws, agreements and guidelines aimed at protecting refugees, with the signing of 139 countries. In that agreement, it was clearly defined who is a refugee and the type of legal protection required for him, and other aid and social rights that he must obtain from the national parties that signed this document, and it defines the refugee’s obligations towards governments. Host, it also identifies certain categories of people who are not eligible for refugee status. Months before this agreement was approved, the United Nations High Commissioner for Refugees began its work on January 1, 1951, and during the following five decades, this agreement remained the basis of the efforts made by the Commission to provide assistance and protection to an estimated 50 million refugees.
From local to global
This agreement, when it was signed, was limited to providing protection mainly to European refugees in the wake of World War II. However, another protocol launched in 1967 greatly expanded the scope of the mandate assigned to the Commission after the problem of displacement spread throughout the world, becoming an inspiration for a number of regional instruments such as the Organization of African Unity Convention of 1969, and the Cartagena Declaration of 1984 regarding Latin American refugees. UNHCR currently provides assistance to more than 22 million people, according to the official website of the United Nations High Commissioner for Refugees, and this agreement still forms the cornerstone of UNHCR’s protection mandate.
Legal precedent
This agreement was the first real international agreement that dealt with the essential aspects of refugee life. It has set out a set of basic human rights that must be at least equivalent to the freedoms enjoyed by foreign nationals in a country and, in many cases, granted to citizens of that country. This agreement recognizes the international scope of refugee crises, and the necessity of international cooperation, including burden-sharing between countries, in order to address the problem. The Convention defines what is meant by the term “refugee”. It outlines the rights of the refugee, including rights such as freedom of belief and movement from one place to another, the right to obtain education, travel documents, and the opportunity to work, and it also emphasizes the importance of his obligations towards the host government. One of the main provisions of this agreement stipulates that refugees – the legal term is prohibition of expulsion or refoulement – may not be returned to a country where there is a fear of being persecuted. It also identifies persons or groups of persons who are not covered by this Agreement.
Who is a refugee?
Article 1 of the Convention clearly defines who a refugee is. He is a person who is outside his country of nationality or habitual residence, owing to a well-founded fear of being persecuted on grounds of race, religion, nationality, membership of a particular social group, or political opinion, and who, because of that fear, is unable or unwilling to avail himself of the protection of that country or to return to it for fear of being persecuted. The government enforces the laws of the country and works to protect its citizens in accordance with these provisions. When governments are unable or unwilling to do so, often during conflict or civil war, many people flee their homelands, often to another country, where they are classified as refugees. Since they no longer enjoy the protection of their governments, the international community assumes this role. It is the primary responsibility of host governments to protect refugees. The 139 countries around the world that have signed the 1951 Convention are obligated to implement its provisions. UNHCR maintains an “oversight obligation” over this process, intervening as necessary to ensure that bona fide refugees are granted asylum and are not forced to return to countries where they fear their lives will be at risk. The agency seeks ways to help refugees start their lives again, either through voluntary return to their homelands or, if this is not possible, through resettlement in host countries or other “third” countries.
Can the agreement solve refugee problems?
Much criticism is directed at this Convention. When people become refugees, either on an individual basis or as part of a mass exodus, due to political, religious, military, or other problems that arise in their country of origin, the Convention does not aim to address these root causes, but rather only mitigate their consequences by providing a degree of international legal protection and other assistance to the victims. Protection can contribute to some degree to reaching a comprehensive solution, but with the number of refugees increasing significantly in recent decades, it has become clear that humanitarian action cannot act as a substitute for political action in resolving or avoiding future crises.
