Refugee definition

The 1951 Convention relating to the Status of Refugees together with its 1967 Protocol provide the primary and universal definition of a refugee. This definition is extended by criteria contained in regional instruments and in national law, as applicable.  
 
The 1951 Convention and its 1967 Protocol
 
The primary and universal definition of a refugee that applies to States is contained in Article 1(A)(2) of the 1951 Convention, as amended by its 1967 Protocol, defining 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 the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing to such fear, is unwilling to return to it. 
 
In the case of a person who has more than one nationality, the term "the country of his nationality" shall mean each of the countries of which he is a national, and a person shall not be deemed to be lacking the protection of the country of his nationality if, without any valid reason based on well-founded fear, he has not availed himself of the protection of one of the countries of which he is a national." 
 
This definition, sometimes referred to as inclusion criteria, is complemented by so-called ‘exclusion clauses’ contained in Articles 1D, 1E and 1F of the 1951 Convention. While a person may meet the criteria of the refugee definition, when one of the exclusion clauses apply the person is excluded from the protection under the Convention.. Consideration of these ‘exclusion clauses’ will generally not be a priority in emergency situations. For completeness they are listed below: 
  

• Article 1 D excludes those presently receiving protection or assistance from another organ of the United Nations. In reality, this concerns Palestinian refugees receiving protection and assistance from UNRWA. However, when such protection or assistance is no longer provided, the 1951 Convention will apply. 

• Article 1 E excludes those presently enjoying rights normally accorded to nationals in a country where they have taken residence. 

• Article 1 F excludes persons on account of having committed, or participated in the commission of, certain serious crimes or heinous acts. See also the entry on Exclusion clauses (article 1F). 

 
Finally, Article 1 C describes the circumstances in which a refugee ceases to be a refugee. Cessation considerations are normally not relevant to emergency situations. When in an emergency refugees return to their country of origin despite a continued risk of persecution, they will remain refugees and of concern to UNHCR.
 
The above-mentioned Articles together determine who is a refugee and entitled to the rights and standards of treatment included in the 1951 Refugee Convention.  

Broader refugee criteria are included in regional instruments, particularly in Africa and Latin America. 

 
In Africa, Article I (2) of the 1969 OAU Convention governing the Specific Aspects of Refugee Problems in Africa, a binding legal instrument open to all Member States of the African Union, extends the refugee definition to: 

 
"every person who, owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality, is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality." 

 
In Latin America, Conclusion III of the 1984 Cartagena Declaration, a non-binding instrument that nonetheless is incorporated in the domestic laws and policies of many countries in Central and South America, extends the refugee definition to: 

 
"persons who have fled their country because their lives, safety or freedom have been threatened by generalised violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances which have seriously disturbed public order." 
 
In  addition, UNHCR's mandate has also extended the refugee definition. 
 
Based on UNHCR's Statute and successive UN General Assembly and ECOSOC resolutions UNHCR's competence to provide international protection to refugees encompasses individuals who meet the criteria for refugee status contained in Article 1 of the 1951 Convention and its 1967 Protocol and is extended to individuals who are outside their country of origin and who are unable or unwilling to return there owing to serious threats to life, physical integrity or freedom resulting from generalized violence or events seriously disturbing public order. See also the Entry on UNHCR's mandate for refugees, stateless persons and IDPs. 
 
Finally, national law may also include refugee criteria. 
 
In any operational context, national laws and policies are also important. They are usually the primary source of law for State authorities, generally serving as their first point of reference. Refugee definitions contained in international instruments to which the State is a party will generally have been incorporated into national laws and policies. It is therefore critical to be aware of and understand the national laws and policies, including the refugee definitions they include. 

Sometimes - notably in statistical contexts - the word refugee is used to designate individuals or groups who have been formally recognized by States or UNHCR as entitled to refugee status following an asylum or other status-determination procedure. When this is intended, it should be clearly indicated. The clearest designation in such contexts is recognized refugee.