POSITION ON
THE INTERPETATION OF ARTICLE 1
OF THE REFUGEE CONVENTION
-
September 2000
POSITION ON THE INTERPRETATION OF ARTICLE 1 OF THE REFUGEE CONVENTION
September 2000
SUMMARY OF POSITIONS TAKEN
The references to the Universal Declaration of Human Rights of 1948 in the Preamble to the Refugee Convention serve to highlight the fact that refugee protection must be seen as an integral part of human rights protection, both regarding civil and political rights and economic, social and cultural rights. All international and national efforts for refugees should therefore proceed from the standpoint of obligations to which States have adhered through the adoption of human rights instruments.
State complicity in persecution is not a pre-requisite to a valid refugee claim. This view flows from the language of Article 1A(2) itself and has been confirmed by the overwhelming trend of international case law.
No-one can be returned to an authority which has not been accepted into the international community of states and/or which has no status in international law. Returning refugees to de facto authorities undermines the international system and weakens refugee protection.
Persons fleeing from situations of war or internal armed conflict should never be automatically denied refugee status, since generalised violence does not preclude the existence of a well-founded fear of persecution by an individual person or a group of people.
The grounds on which refugee status is recognised may overlap and several will often be applicable to the same person. It is often the case that the grounds are simply attributed to the person by the persecutor.
Where the cessation clauses are applied because of a change of circumstances in the country of origin, the asylum state must ensure that the changes are effective, fundamental and durable before proceeding to withdraw recognition of refugee status. Refugee status should be maintained unless someone falls clearly within one of the cessation clauses as refugees should not be subjected to constant review of their status.
In view of the serious consequences of such a decision for the refugee, Article 1F must be used with care and after thorough consideration, and in accordance with fair and efficient procedures.
INTRODUCTION
GENERAL PRINCIPLES
ARTICLE 1A(2) OF THE CONVENTION
These elements will be considered in turn below.
Genuine risk of harm
Agents of persecution
Agents of persecution in situations of state breakdown
War or civil war situations
The Internal Protection Alternative
Refugees sur place
Serious harm
Persecution, not prosecution
Connexion to a Convention reason
Race
Religion
Nationality
Membership of a particular social group
Political opinion
Refusal to perform military service
Outside the country of nationality or former habitual residence.
Dual or multiple nationality
Statelessness
CESSATION OF REFUGEE STATUS (ARTICLE 1C)
EXCLUSION FROM REFUGEE STATUS (ARTICLE 1F)
Article 1F (a)
Article 1F (b)
Article 1F (c)