Protecting refugees through international legal instruments and domestic asylum laws

Refugees are in extremely vulnerable circumstances because they do not enjoy the protection of their countries. International legal instruments and domestic asylum laws and policies help protect refugees and ensure they can access their rights. In exercising its mandate and supervisory responsibility, UNHCR has launched the Refugee Treaty and Legislation Dashboard (RTLD), an interactive compilation of global law and policy data on the protection of refugees covering more than 200 countries and territories.

The 1951 Convention relating to the Status of Refugees and its 1967 Protocol

The 1951 Convention relating to the Status of Refugees and its 1967 Protocol (1951 Convention) are the cornerstone of refugee protection and the key legal documents that form the basis of UNHCR’s work.

Initially, the 1951 Convention was essentially limited to protecting European refugees in the aftermath of World War II.

The 1967 Protocol expanded the 1951 Convention to apply globally to protect all persons fleeing persecution at any time. However, Madagascar, the Republic of Congo and Türkiye continue to limit the application to people fleeing from European countries. Also, the time-based limitation to events occurring before 1951 still applies for Saint Kitts and Nevis and Madagascar.

In 2024, 149 States worldwide are party to the 1951 Convention, its 1967 Protocol, or both.

When compared to the almost universal accession to the Convention on the Rights of the Child and the 1949 Geneva Conventions, with each 196 State Parties, more commitment by States to the 1951 Convention and its 1967 Protocol is still needed, in particular among States in Asia and in the Middle East, as well as in the Caribbean and the Pacific.

The 1951 Convention outlines the rights and assistance a refugee is entitled to receive while displaced, so they can lead a dignified and independent life. However, some States made reservations to specific Articles of the 1951 Convention or general declarations. This means that they do not consider themselves to be bound by some important provisions of the 1951 Convention. This limits the rights of refugees in these countries.

Most of the withdrawn reservations relate to refugees’ right to decent work. This is important because access to decent work is essential for refugees to live a self-reliant life. This generally benefits the domestic economy and the host communities.

1969 OAU Convention

In 1969, the Organisation of African Unity (OAU), today the African Union (AU), adopted the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa (1969 OAU Convention). Many African States had recently gained their independence, while others were still under colonial or minority rule. The 1969 OAU Convention complements the 1951 Convention and builds upon its refugee definition. While it includes the globally applicable definition of the 1951 Convention, it also defines as refugees people who have been compelled to flee their countries of origin because of objective circumstances, namely external aggression, occupation, foreign domination or events seriously disturbing public order (Article 1(2)). This definition, particularly the notion of events seriously disturbing public order, remains very relevant today because of armed conflicts, climate change and disasters.

For example, in 2020, when thousands fled fighting in northern Ethiopia’s Tigray region, Sudan recognized refugees on a prima facie basis under the broader OAU Convention definition because they were fleeing events seriously disturbing public order. Only a few years later, in 2023, when conflict erupted in Sudan causing one of the largest and most challenging humanitarian and displacement crises in the world, Ethiopia applied the same definition on a prima facie or group basis to persons fleeing Sudan.

The 1969 OAU Convention contains several other important innovations. It articulates an early notion of international responsibility-sharing, clarifies the concept of asylum and it is the first international refugee instrument that elaborates on the principles relating to voluntary repatriation.

1984 Cartagena Declaration on Refugees

The 1969 OAU Convention has not only influenced the development of laws and policies in Africa, but also in other regions. In the Americas, the 1984 Cartagena Declaration on Refugees complements the global refugee definition by including among refugees people who have fled their country because their lives, safety or freedom has been threatened by generalized violence, foreign aggression, internal conflicts, massive violations of human rights or other circumstances which have seriously disturbed public order (Conclusion III(3)).

Although the 1984 Cartagena Declaration is not legally binding, 15 States in the region have incorporated its broader refugee definition into domestic law.

For example, in 2019, Brazil’s National Committee for Refugees (CONARE) recognized that the situation in Venezuela amounted to massive human rights violations as included in the 1984 Cartagena Declaration and moved to recognize thousands of Venezuelan refugees on a prima facie basis. Asylum claims by Venezuelans who fulfil the necessary criteria are processed through an accelerated procedure. This constituted a milestone in refugee protection in the region.

Domestic laws relating to the protection of refugees

To ensure that refugees are protected and that they can exercise their rights, it is important that countries and territories incorporate international and regional refugee law instruments into their domestic legal framework.