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Convention relating to the
status of Refugees |
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Adopted on 28 July
1951 by the United Nations Conference of Plenipotentiaries on the Status of
Refugees and Stateless Persons convened under General Assembly resolution 429
(V) of 14 December 1950 entry into force 22 April 1954, in accordance with
article 43
status of ratifications
Preamble
The High Contracting Parties,
Considering that the Charter of the United
Nations and the Universal Declaration of Human Rights approved on 10
December 1948 by the General Assembly have affirmed the principle that human
beings shall enjoy fundamental rights and freedoms without discrimination,
Considering that the United Nations has, on
various occasions, manifested its profound concern for refugees and
endeavoured to assure refugees the widest possible exercise of these
fundamental rights and freedoms,
Considering that it is desirable to revise and
consolidate previous international agreements relating to the status of
refugees and to extend the scope of and the protection accorded by such
instruments by means of a new agreement,
Considering that the grant of asylum may place
unduly heavy burdens on certain countries, and that a satisfactory solution
of a problem of which the United Nations has recognized the international-
scope and nature cannot therefore be achieved without international
co-operation,
Expressing the wish that all States, recognizing
the social and humanitarian nature of the problem of refugees, will do
everything within their power to prevent this problem from becoming a cause of
tension between States,
Noting that the United Nations High Commissioner
for Refugees is charged with the task of supervising international
conventions providing for the protection of refugees, and recognizing that the
effective co-ordination of measures taken to deal with this problem will
depend upon the co-operation of States with the High Commissioner,
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Have agreed as follows:
CHAPTER I
GENERAL PROVISIONS
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,
bec
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