"Article 1. 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 12 May 1926 and 30 June 1928 or under the Conventions of 28
October 1933 and 10 February 1938, the Protocol of 14 September 1939 or the
Constitution of the International Refugee Organization;
Decisions of non-eligibility taken by
the International Refugee Organization 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 I 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 nationality 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 I January 1951" in article 1,
section A, shall be understood to mean either (a) "events occurring in Europe
before I January 1951"; or (b) "events occurring in Europe or elsewhere before
I 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 reacquired it; or
(3) He has acquired a new nationality,
and enjoys the protection of the country of his new nationality; or
(4) He has voluntarily re-established
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 connection with which he has been recognized 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 (I) 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 connection with which he has
been recognized 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 (I) 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 resolutions 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 recognized 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 any 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
non-political 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 and principles of the United Nations".
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