How does the 1951 Refugee Convention define a refugee?

Article 1 A (2) of the 1951 Refugee Convention contains a definition of the term "refugee". A refugee is any person 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 to return there because there is a fear of persecution…"

This definition differs from earlier definitions which tended to describe refugees in terms of their nationality (e.g. Armenians, Greeks) and in relation to political events that had caused the flight of certain groups of people. Instead of listing specific national or religious groups at risk in certain societies, the 1951 Refugee Convention specifies five different bases for persecution (race, religion, nationality, membership of a particular social group, political opinions) that occur in any society and indicates that refugee status should be decided on an individual basis.

To understand how this Article 1A(2) definition is applied and the type of person who can become a "Convention refugee", it is useful to look at each component in this definition as interpreted by the UNHCR in its Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the status of refugees. This handbook is widely accepted by practitioners and most governments as an authoritative interpretation of the Convention.

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The Rights of Refugees and Displaced Persons

Photo: During the latter half of July 1994, nearly 1.5 million Rwandese fled to Zaire, giving rise to some of the largest refugee camps in the world. Kibumba camp, Goma region, Zaire.