Convention Relating to the Status of Refugees

CHAPTER I. GENERAL PROVISIONS

ARTICLE I

Definition of the Term “Refugee

A. For the purposes of the present Convention, the term
refugee “shall apply to any person who :

(1) Has been considered a refugee under the Arrangements of
12th May, 1926(4) and 30th June, 1928 or under the Con-
ventions of 28th October, 1933, and 10th February, 1938,
the Protocol of 14th September, 1939, or the Constitution
of the International Refugee Organisation:

Decisions of non-eligibility taken by the International
Refugee Organisation during the period of its activities shall
not prevent the status of refugee being accorded to persons who
fulfil the conditions of paragraph 2 of this Section ;

(2) As a result of events occurring before lst January, 1951
and 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 his nation-
ality and is unable or, owing to such fear, is unwilling to
avail himself of the protection of that country ; or who, not
having a nationality and being outside the country of his former
habitual residence as a result of such events, is unable or,
owing to such fear, is unwilling to return to it.

In the case of a person who has more than one nationality,
the term “the country of his nationality “shall mean each
of the countries of which he is a national, and a person shall
not be deemed to be lacking the protection of the country
of his nationality if, without any valid reason based on well-
founded fear, he has not availed himself of the protection of
one of the countries of which he is a national.

B. (1) For the purposes of this Convention, the words
“events occurring before 1st January, 1951 “, in Article 1,
Section A, shall be understood to mean either
(a) “events occurring in Europe before lst January, 1951”
or
(b) “events occurring in Europe or elsewhere before lst
January, 1951”; and each Contracting State shall make a
declaration at the time of signature, ratification or accession,
specifying which of these meanings it applies for the purpose
of its obligations under this Convention.

(2) Any Contracting State which has adopted alternative (a)
may at any time extend its obligations by adopting alternative
(b) by means of a notification addressed to the Secretary-General
of the United Nations.

C. This Convention shall cease to apply to any person
falling under the terms of Section A if

(1) He has voluntarily re-availed himself of the protection
of the country of his nationality ; or

(2) Having lost his nationality, he has voluntarily re-
acquired it; or

(3) He has acquired a new nationality, and enjoys the pro-
tection of the country of his new nationality; or

(4) He has voluntarily reestablished himself in the country
which he left or outside which he remained owing to fear of
persecution ; or

(5) He can no longer, because the circumstances in con-
nexion with which he has been recognised as a refugee have
ceased to exist, continue to refuse to avail himself of the
protection of the country of his nationality,

Provided that this paragraph shall not apply to a refugee
falling under section A (1) of this Article who is able to invoke
compelling reasons arising out of previous persecution for
refusing to avail himself of the protection of the country of
nationality ;

(6) Being a person who has no nationality he is, because the
circumstances in connexion with which he has been recognised
as a refugee have ceased to exist, able to return to the country
of his former habitual residence;

Provided that this paragraph shall not apply to a refugee
Falling under section A (1) of this Article who is able to invoke
compelling reasons arising out of previous persecution for
refusing to return to the country of his former habitual residence.

D. This Convention shall not apply to persons who are at
present receiving from organs or agencies of the United Nations
other than the United Nations High Commissioner for Refugees
protection or assistance.

When such protection or assistance has ceased for any reason
without the position of such persons being definitively settled
in accordance with the relevant resolution adopted by the
General Assembly of the United Nations, these persons shall
ipso facto be entitled to the benefits of this Convention.

E. This Convention shall not apply to a person who is recognised
by the competent authorities of the country in which he
has taken residence as having the rights and obligations which
are attached to the possession of the nationality of that country.

F. The provisions of this Convention shall not apply to a
person with respect to whom there are serious reasons for
considering that:

(a) he has committed a crime against peace, a war crime
or a crime against humanity, as defined in the international
instruments drawn up to make provision in respect of such
crimes

(b) he has committed a serious nonpolitical crime outside
the country of refuge prior to his admission to that country
as a refugee ;

(c) he has been guilty of acts contrary to the purposes
principles of the United Nations.

ARTICLE 2
General Obligations

Every refugee has duties to the country in which he finds
himself, which require in particular that he conform to its laws
and regulations as well as to measures taken for the maintenance
of public order.
ARTICLE 3
Non-discrimination
The Contracting States shall apply the provisions of this
Convention to Refugees without discrimination as to race.
religion or country of origin.

ARTICLE 4
Religion.
The Contracting States shall accord to refugees within their
territories treatment at least as favourable as that accorded
to their nationals with respect to freedom to practise their
religion and freedom as regards the religious Education Of
their children.

ARTICLE 5
Rights granted apart from this Convention
Nothing in this Convention shall be deemed to impair any
rights and benefits granted by a Contracting State to refugees
apart from this Convention.

ARTICLE 6
The Term “in the same circumstances”
For the purposes of this Convention, the term “in the same
circumstances “implies that any requirements (including
Requirements as to length and conditions of sojourn or
residence) which the particular individual would have to fulfil
for the enjoyment of the right in question, if he were not a
refugee, must be fulfilled by him, with the exception of
requirements which by their nature a refugee is incapable of
fulfilling.

Author: international

Mentioned in these Entries

Convention Relating to the Status of Refugees 2, Convention Relating to the Status of Refugees 3, Convention Relating to the Status of Refugees 4, Convention Relating to the Status of Refugees 5, Conventions: Chronological Index 1951-1970, Education, Human Rights conventions, International law and refugee conventions: States parties, International law: the refugee, Refugees Part 3, Refugees Part 6, Refugees Part 9, Refugees and stateless persons conventions, Refugees, Refugees0, Refugees1, Refugees2, Refugees3, Refugees4, Refugees5, Refugees6, Refugees7, United Nations High Commissioner for Refugees, country.