Protecting refugees through international legal instruments and domestic asylum laws

UNHCR launches Refugee Treaty and Legislation Dashboard

Jul 12, 2024

Zimbabwe. Young refugee climate and environment activists plant a tree in Tongogara refugee camp. ©UNHCR/Hélène Caux

Zimbabwe. Young refugee climate and environment activists plant a tree in Tongogara refugee camp. ©UNHCR/Hélène Caux

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.

Article 1 of the 1951 Convention defines a refugee as someone who 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 their country of origin and is unable or unwilling to avail themself of the protection of that country.

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

As World War II ended, millions of people were homeless, including these refugees from Eastern Europe in a camp in Germany. ©UNHCR

As World War II ended, millions of people were homeless, including these refugees from Eastern Europe in a camp in Germany. ©UNHCR

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.

States party to and territories to which the 1951 Convention and/or its 1967 Protocol extends
Holy SeeIcelandOmanBulgariaBotswanaCentral African RepublicCanadaSurinameTongaMauritaniaMalawiMoroccoPeruCôte d'IvoireJan Mayen Island (NOR)AustraliaAustriaBahamasSlovakiaTunisiaTogoSudanSierra LeoneNepalYemenSouth AfricaZambiaZimbabweLiberiaSri LankaAndorraMaliVanuatuSouth Georgia and the South Sandwich Islands (GBR)United Republic of TanzaniaUgandaUruguayUnited States of AmericaUzbekistanBeninIndonesiaEstoniaMyanmarMacao (CHN)Faeroe Islands (DNK)NicaraguaLesothoNetherlandsSolomon IslandsSomaliaBurundiBosnia and HerzegovinaBelarusIndiaIrelandIslamic Republic of IranIraqGreeceGreenland (DNK)LibyaMontenegroBrunei DarussalamSan MarinoGuatemalaFrench Guiana (FRA)GuyanaBolivarian Republic of VenezuelaGabonHong Kong (CHN)ItalyRomaniaJapanRepublic of KoreaLao People's Democratic RepublicDenmarkLebanonLithuaniaLatviaNorwayBhutanDominican RepublicEquatorial GuineaCosta RicaColombiaAlgeriaEcuadorEgyptEritreaEthiopiaFinlandFijiFalkland Islands (Malvinas)FranceFederated States of MicronesiaGuinea-BissauUnited Arab EmiratesArgentinaFrench New Caledonia (FRA)HondurasCroatiaHaitiPalauArmeniaGermanyGeorgiaGhanaGuineaPhilippinesCubaBangladeshDemocratic Republic of the CongoRepublic of the CongoBurkina FasoBelizeHungaryPuerto Rico (USA)BarbadosMonacoMongoliaSeychellesSyrian Arab RepublicRwandaMalaysiaPapua New GuineaPolandDemocratic People's Rep. of KoreaPortugalParaguayFrench Polynesia (FRA)Saudi ArabiaSenegalQatarMozambiquePakistanPanamaViet NamEl SalvadorKiribatiSloveniaBelgiumDjiboutiMadagascarMexicoMarshall IslandsBermuda (GBR)Plurinational State of BoliviaBrazilSwitzerlandChileBonaire (NLD)DominicaMaldivesRussian FederationNew ZealandAfghanistanGrenadaAngolaAlbaniaKazakhstanNamibiaTürkiyeSwedenThailandTajikistanTurkmenistanTimor-LesteNauruTaiwan (CHN)French Southern and Antarctic Territories (FRA)Antigua and BarbudaMaltaMartinique (FRA)BahrainAruba (K. of the Netherlands)Saint Kitts and NevisSao Tome and PrincipeSaint LuciaSingaporeKuwaitLiechtensteinAnguilla (GBR)Cabo VerdeLuxembourgComorosMontserrat (GBR)UkraineNigerNigeriaCameroonCyprusGambiaMauritiusNorthern Mariana Islands (USA)Guernsey (GBR)Saint Vincent and the GrenadinesAbyeiTrinidad and TobagoJarvis Island (USA)Arunachal Pradesh (IND)IsraelReunion (FRA)Scarborough Reef (Sovereignty unsettled)JamaicaBouvet Island (NOR)Baker Island (USA)JordanKenyaKyrgyzstanCambodiaTuvaluSamoaGuadeloupe (FRA)Saint Martin (FRA)Turks and Caicos Islands (GBR)ChadCayman Islands (GBR)British Virgin Islands (GBR)United States Virgin Islands (USA)Ilemi Triangle (SSD)Kuril Islands (RUS)Senkaku Islands (Sovereignty unsettled)Mayotte (FRA)Madeira (PRT)Jammu and KashmirJersey (GBR)Sint Maarten (K. of the Netherlands)United Kingdom of Great Britain and Northern IrelandRepublic of MoldovaParacel Islands (Sovereignty unsettled)Nakhchyvan (AZE)Bonaire (NLD)AzerbaijanSerbia*Sint Eustatius (NLD)Gaza strip (PSE)EswatiniNorth MacedoniaWestern SaharaSaba (NLD)Azores (PRT)ChinaBonaire (NLD)Glorioso Island (FRA)Juan de Nova Island (FRA)Tromelin Island (FRA)Howland Island (USA)Spratly Islands (Sovereignty unsettled)Kingman Reef (USA)Bird Island (VEN)Navassa Island (USA)Pitcairn Islands (GBR)Midway Island (USA)Isle of Man (GBR)SpainChina/India (Sovereignty unsettled)CzechiaAmerican Samoa (USA)Gibraltar (GBR)South SudanNiue (NZL)British Indian Ocean Territory (GBR)Guam (USA)Johnston Atoll (USA)State of PalestineCanary Islands (ESP)Cook Islands (NZL)Curaçao (K. of the Netherlands)Tokelau (NZL)Hala'ib triangle (SDN)Ma'tan al-Sarra (EGY)Ashmore and Cartier Islands (AUS)Bassas da India (FRA)Clipperton Island (FRA)Europa Island (FRA)Aksai Chin (Sovereignty unsettled)Saint Helena (GBR)Wake Island (USA)Palmyra Atoll (USA)State of PalestineHeard Island and McDonald IslandsSaint Pierre and MiquelonChristmas IslandCocos (Keeling) IslandsWallis and FutunaNorfolk Island

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.

46 per cent of State Parties maintain reservations and/or declarations to the 1951 Convention and its 1967 Protocol.

Most reservations are made to the rights of refugees to (self-)employment (Articles 17, 18 and 19) and social protection (Article 24), which together provide for the right of refugees to decent work.

Mexico. Makendy and Lourdes fled Haiti due to a dire humanitarian situation caused by gang violence, insecurity, and lack of access to basic services. As part of the Local Integration Programme (PIL) they were relocated from Chiapas to Aguascalientes, where they found a permanent job at Exedy Dynax, a Japanese company that manufactures automotive parts.
©UNHCR/Jeoffrey Guillemard

Some States decide to limit the freedom of movement of refugees or their right to freely choose their place of residence and maintain reservations to Article 26. Such restrictions may prevent refugees from exercising other rights, such as accessing education or employment opportunities.

Maya Ghazal, 20, pictured after her first solo flight, at The Pilot Centre, in Denham, United Kingdom. She dreams of becoming the first female Syrian refugee pilot and flying for a commercial airline.
©UNHCR/Andrew McConnell

Some States made reservations to providing administrative assistance to refugees (Article 25). This is an important right specific to the situation of refugees because they are unable to access administrative services, such as the issuance of documents, from their countries of origin.

Sediqa Danish Nawrozi, a 29-year-old Afghan refugee works as an intercultural mediator in the small city of Fundão in eastern Portugal with an organization called MEDEIA. Sediqa helps her fellow Afghans to secure crucial documentation, access services and connect them with job opportunities.
©UNHCR/Ana Brigida

Some States are also hesitant to provide refugees with their full rights related to public education and maintain reservations to Article 22. This may include limitations to accessing secondary and higher education, the recognition of certificates, and opportunities for refugees to finance their studies. This may affect refugees’ ability to build their future and lead independent lives.

Roxana, 23 years old, from Maracaibo in northwestern Venezuela, is a final-year BA student of Accounting at the University of Guanajuato, in Mexico, on a DAFI scholarship. The registration process was very stressful for her because she did not know whether she would be allowed to study.
©UNHCR/Antoine Tardy
Positively, 17 States have withdrawn some or all their reservations, giving refugees access to more rights.

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.

Number of countries that maintain reservations (Top 6)
Number of countries that have withdrawn reservations (Top 6)

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.

AU Member States and territories that have ratified or signed the 1969 OAU Convention
AngolaFrench Southern TerritoriesBurundiBeninBurkina FasoBotswanaCentral African RepublicCôte d'IvoireCameroonDemocratic Republic of the CongoCongoComorosCabo VerdeDjiboutiAlgeriaEgyptEritreaWestern SaharaEthiopiaGabonGhanaGuineaGambiaGuinea-BissauEquatorial GuineaHeard Island and McDonald IslandsKenyaLiberiaLibyaLesothoMoroccoMadagascarMaliMozambiqueBouvet IslandMauritaniaMalawiMayotteNamibiaNigerNigeriaRwandaSudanSenegalSierra LeoneSomaliaSouth SudanSao Tome and PrincipeEswatiniSeychellesChadTogoTunisiaUnited Republic of TanzaniaUgandaSouth AfricaZambiaZimbabweMauritiusSaint HelenaRatifiedSigned

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.

Following the outbreak of conflict in Sudan, refugees, returnees and third country nationals arrive at Metema Yohannes border crossing point in Ethiopia. ©UNHCR/Lucrezia Vittori

Following the outbreak of conflict in Sudan, refugees, returnees and third country nationals arrive at Metema Yohannes border crossing point in Ethiopia. ©UNHCR/Lucrezia Vittori

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.

Countries incorporated the broader refugee definition of the 1984 Cartagena Declaration into domestic law
ArubaAnguillaArgentinaAntigua and BarbudaBahamasBelizeBermudaBolivia (Plurinational State of)Saint MartinBrazilBarbadosCanadaChileColombiaCosta RicaCubaCayman IslandsDominicaDominican RepublicFalkland Islands (Malvinas)French GuianaGuadeloupeGrenadaGuatemalaGuyanaHondurasHaitiJamaicaSaint Kitts and NevisSaint LuciaMexicoSaint BarthélemyMontserratMartiniqueNicaraguaPanamaPeruPuerto RicoParaguaySouth Georgia and the South Sandwich IslandsEl SalvadorSaint Pierre and MiquelonSurinameTurks and Caicos IslandsTrinidad and TobagoUruguayUnited States of AmericaSaint Vincent and the GrenadinesVenezuela (Bolivarian Republic of)British Virgin IslandsUnited States Virgin IslandsBonaireSint EustatiusSabaEcuadorGalápagos IslandsUnited States of America

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.

Daily life of Venezuelan refugees in one of the Operação Acolhida shelters in Brazil. ©UNHCR/Adriana Duarte

Daily life of Venezuelan refugees in one of the Operação Acolhida shelters in Brazil. ©UNHCR/Adriana Duarte

Every refugee, regardless of the definition under which they are recognized, enjoys the same rights under international law.

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.

At least 154 countries and other territories have primary laws in place that relate to the protection of refugees and asylum-seekers. This includes asylum, refugee, (im)migration, foreigners or aliens’ laws issued by a national authority that aim to regulate asylum or international protection.

At least 118 countries and territories have secondary instruments in place that relate to the protection of refugees and asylum-seekers. This includes legislative, executive or judicial instruments that are legally binding, are based on primary laws and regulate refugee protection issues.
In 2023, UNHCR has recorded at least 92 legislative changes relating to the protection of refugees and asylum-seekers in 77 countries and territories.
As an example, in early 2024, Kenya has brought its legal framework further in line with international and regional legal standards by adopting regulations implementing its 2021 Refugees Act, which will have a positive impact on the lives of refugees and asylum-seekers in the country.
Deline with her friend Said Mohamed a 30-year-old business man from Somalia in Kakuma refugee camp at his shop.
©UNHCR/Charity Nzomo
As another example, in 2023, Côte d’Ivoire adopted its first national law on asylum. Positively, the law promotes the non-penalization of illegal entry, facilitates family reunification for refugees, foresees the issuance of biometric identity cards for refugees serving as residence permits and reiterates several essential rights for refugees, including the right to education and work.
Gbetibwa Gode in her shop in Koumassi market, where she sells shoes, clothes and accessories.
©UNHCR/Lath Divia Kibangou
Also in 2023, Chad signed the implementing decree of its 2020 Asylum Law, which was a result of the country’s commitments made during the first Global Refugee Forum (GRF) in 2019. The law is expected to strengthen the framework for the protection of refugees and asylum-seekers and to ensure the respect for their civil and socio-economic rights.
Refugee teacher Hassanie Ahmad Hussein, 28, teaches a class outdoors at the school in Kouchaguine-Moura refugee camp in eastern Chad. She dreams of continuing her studies with a master’s degree and doctorate.
©UNHCR/Colin Delfosse
In 2022, Benin and Senegal have also adopted national laws that are largely in line with international and regional legal standards, providing refugees with extensive rights that can lead to solutions.
Two Ivorian refugees and two Senegalese and their artwork in progress. Refugees and other participants are in the midst of creating the piece by painting and drawing.
©UNHCR/Gosia Courtay
In 2021, Colombia enacted a decree providing Temporary Protection Status (TPS) for an estimated 1.8 million Venezuelans. The creation of the TPS was a milestone in the region because it allows eligible Venezuelans to regularize their stay and reside in Colombia for ten years, which includes accessing a full range of rights.
On February 2022, Andrés from Venezuela received his Temporary Protection Permit in Bogotá. He hopes that this will enable him to register his motorcycle for his work, open a bank account and certify and grow his business.
©UNHCR/Daniela Camargo

The information on domestic legal frameworks provided in the RTLD links directly with the legislation collection in Refworld, UNHCR’s Global Law and Policy Database.