UN Refugee Convention, 1951

Why in news?

• Recently a Private Member’s Bill was introduced in the Lok Sabha proposing the enactment of a Refugee and Asylum law.
• The bill triggered discussion about UN Refugee Convention, 1951.

More about the news:

• The Bill lays down comprehensive criteria for recognising asylum seekers and refugees and prescribes specific rights and duties accruing from such status.
• India is neither a signatory to the 1951 UN Refugee Convention, nor does it have a domestic asylum framework.
• In the absence of a comprehensive law, refugees are dealt with laws such as:
  • Foreigners Act, 1946 and Foreigners Order, 1948
  • Registration of Foreigners Act, 1939
  • Passports Act (1967)
  • Extradition Act, 1962
  • Citizenship Act, 1955

About UN Refugee Convention:

• It is a United Nations multilateral treaty that defines who is a refugee, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum.
• The grants certain rights to people fleeing persecution because of race, religion, nationality, affiliation to a particular social group, or political opinion.
• As of 2020, there were 146 parties to the Convention. India is not a party to the Convention
• The Convention also sets out which people do not qualify as refugees, such as war criminals. The Convention also provides for some visa-free travel for holders of travel documents issued under the convention.
• The Convention builds on Article 14 of the 1948 Universal Declaration of Human Rights, which recognizes the right of persons to seek asylum from persecution in other countries. A refugee may enjoy rights and benefits in a state in addition to those provided for in the Convention

About 1967 Protocol:

• The Convention was initially limited to protecting European refugees before 1951 (after World War II), but states could make a declaration that the provisions would apply to refugees from other places.
• The 1967 Protocol removed the time limits and applied to refugees "without any geographic limitation" but declarations previously made by parties to the Convention on geographic scope were grandfathered
• Today, the 1951 United Nations Convention and the 1967 Protocol together remain the foundation of refugee protection, and their provisions are as relevant now as when they were drafted.

Non-compliance:

• Although the Convention is "legally binding," there is no body that monitors compliance.
• The United Nations High Commissioner for Refugees (UNHCR) has supervisory responsibilities but cannot enforce the Convention, and there is no formal mechanism for individuals to file complaints.
• The Convention specifies that complaints should be referred to the International Court of Justice. It appears that no nation has ever done this.

PRACTICE QUESTION:

With reference to ‘UN Refugee Convention 1951’, consider the following statements:

1. It sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum.

2. India is not a party to the Convention

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer