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Core Instruments of International Law For Refugees

The 1951 Convention and 1967 Protocol are the core international legal instruments governing refugee status. The 1951 Convention defines what a refugee is and establishes their rights and states' responsibilities. The 1967 Protocol removed geographic and temporal limits, requiring states to apply the core contents of the 1951 Convention. When a state accedes to these agreements, it commits to treating refugees according to international standards and cooperating with UNHCR.

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Charisse Ayra Clamosa
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70 views6 pages

Core Instruments of International Law For Refugees

The 1951 Convention and 1967 Protocol are the core international legal instruments governing refugee status. The 1951 Convention defines what a refugee is and establishes their rights and states' responsibilities. The 1967 Protocol removed geographic and temporal limits, requiring states to apply the core contents of the 1951 Convention. When a state accedes to these agreements, it commits to treating refugees according to international standards and cooperating with UNHCR.

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Charisse Ayra Clamosa
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CORE INSTRUMENTS OF INTERNATIONAL LAW FOR REFUGEES

1. The 1951 Convention


2. 1967 Protocol
Refugee status, on the universal level, is governed by the 1951 Convention and the 1967
Protocol relating to the Status of Refugees. These two international legal instruments
have been adopted within the framework of the United Nations.
These two international legal instruments are applicable to persons who are refugees as
therein defined. The assessment as to who is a refugee, i.e. the determination of refugee
status under the 1951 Convention and the 1967 Protocol, is incumbent upon the
Contracting State in whose territory the refugee applies for recognition of refugee
status.
The Philippines is one of the few countries in the Asia-Pacific region to have acceded to
the 1951 Convention relating to the Status of Refugees and its 1967 Protocol (hereinafter
jointly referred to as the 1951 Convention) in 1981 and the first country in Southeast
Asia to sign the 1954 Convention relating to the Status of Stateless Persons in 2011. The
Philippines, however, has not yet acceded to the 1961 Convention on the Reduction of
Statelessness.
While the Philippines has no specific legislation concerning the protection of asylum-
seekers, refugees and stateless persons, the Department of Justice (DOJ), which is
specifically tasked to provide protection, has issued the Department Circular No. 58,
series of 2012,1 providing for the current refugee and stateless status determination
procedure. Under the provisions of the Department Circular No. 58, the Government
adheres to such basic principles as preservation and promotion of family unity; non-
detention on account of being stateless or refugee; non-deprivation of refugee or
stateless status; non-discrimination in the application of the Conventions; non-
refoulement; and non-punishment on account of illegal entry or presence in the
country.
A. The 1951 Convention
The 1951 Convention relating to the Status of Refugees is the foundation of
international refugee law. It defines the term “refugee” establishes the principle that
refugees should not be forcibly returned to a territory where their lives or freedom
would be threatened and sets out the duties of refugees and States’ responsibilities
toward them.

B. The 1967 Protocol


The 1967 Protocol is independent of, though integrally related to, the 1951 Convention.
The Protocol removes the temporal and geographic limits found in the Convention. By
acceding to the Protocol, States agree to apply the core content of the 1951 Convention.
Both the 1951 Convention and the 1967 Protocol provide for co-operation between the
Contracting States and the Office of the United Nations High Commissioner for
Refugees. This co-operation extends to the determination of refugee status, according to
arrangements made in various Contracting States.
The 1951 Convention and 1967 Protocol are the modern embodiment of the age-old
institution of asylum, their strength remains their universal and non-discriminatory
character and the fundamental values they reflect.
The 1951 Convention and 1967 Protocol were designed to assure refugees the widest
possible enjoyment of their rights. In order to respond to regional specificities, States in
different parts of the world have developed regional laws and standards that
complement the international refugee protection regime.
MAIN PROVISIONS OF THE 1951 CONVENTION AND 1967 PROTOCOL
The 1951 Convention and the 1967 Protocol contain three types of provisions:
1. Provisions giving the basic definition of who is (and who is not) a refugee and
who, having been a refugee, has ceased to be one. The discussion and
interpretation of these provisions constitute the main body of the present
Handbook, intended for the guidance of those whose task it is to determine
refugee status.
2. Provisions that define the legal status of refugees and their rights and duties in
their country of refuge. Although these provisions have no influence on the
process of determination of refugee status, the authority entrusted with this
process should be aware of them, for its decision may indeed have far-reaching
effects for the individual or family concerned.
3. Other provisions dealing with the implementation of the instruments from the
administrative and diplomatic standpoint. Article 35 of the 1951 Convention and
Article 11 of the 1967 Protocol contain an undertaking by Contracting States to
co-operate with the Office of the United Nations High Commissioner for
Refugees in the exercise of its functions and, in particular, to facilitate its duty of
supervising the application of the provisions of these instruments.

Accession to the 1951 Convention and 1967 Protocol: Why is this important?
The 1951 Convention and the 1967 Protocol are the only global legal instruments
explicitly addressing refugee protection. When a State accedes to the Convention
and/or the Protocol it:
• Acknowledges and strengthens the universality of international refugee law, by
committing itself to treating refugees in accordance with internationally recognized
standards;
• Helps to avoid friction between States – recognizing that granting asylum is a
peaceful, humanitarian and legal act, not a hostile gesture, and should be understood as
such by the refugee’s country of origin; • Underlines its willingness to cooperate with
the international community and UNHCR in finding solutions to refugee problems;
• Signals the State’s willingness to share responsibilities for protecting refugees and
thereby helps UNHCR to mobilize international support for the protection of refugees
DEFINITIONS
REFUGEES
A refugee is someone who has left his or her country of origin and is unable or
unwilling to return there because of a serious threat to his or her life or freedom.
The international legal definition of the term is contained in the 1951 Convention.
(For more on the refugee definition see Chapter 6.4). Refugees are entitled to
protection from forcible return to their country of origin (the principle of non-
refoulement) and have other rights and duties that are set out in the 1951
Convention.
ASYLUM-SEEKERS
Asylum-seeker” is a general designation for someone who is seeking
international protection. In some countries it is a legal term referring to a person
who has applied for refugee status and has not yet received a final decision on
his or her claim. Not every asylum-seeker will ultimately be recognized as a
refugee. However, an asylum-seeker should not be sent back to his or her
country of origin until the asylum claim has been examined in a fair procedure.
MIGRANTS
A migrant is best understood as someone who chooses to move, not because of a
direct threat to life or freedom, but in order to find work, for education, family
reunion, or other personal reasons. Unlike refugees, migrants do not have a fear
of persecution or serious harm in their home countries. Migrants continue to
enjoy the protection of their own governments even when abroad and can return
home.
STATELESS PERSONS
Stateless person A person who is not considered as a national by any State, under
the operation of its law, either because he or she never had a nationality or
because he or she lost it without acquiring a new one.
Can a stateless person be a refugee?
The refugee definition explicitly includes persons who do not have a nationality and
who are outside their “country of former habitual residence”. All stateless persons are
not, however, refugees. They must be outside their country of habitual residence for the
reasons indicated in the refugee definition. Being stateless can make someone
particularly vulnerable to violations of his or her rights. They may not have
documentation, may not be able to access other rights, and may face sometimes severe
and cumulative discrimination as a result. Whether such treatment rises to the level of
persecution for one of the Convention grounds needs to be determined in the
individual case.
DATA ON FORCED DISPLACEMENT AND STATELESS POPULATIONS
SUMMARY:
How many refugees are there around the world?
At least 82.4 million people around the world have been forced to flee their homes.
Among them are nearly 26.4 million refugees, around half of whom are under the age of
18.
There are also millions of stateless people, who have been denied a nationality and lack
access to basic rights such as education, health care, employment and freedom of
movement.

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