Why is the 1951 Refugee Convention outdated?

Why is the 1951 Refugee Convention outdated?

The 1951 Convention and the customary principles of international law – primarily non-refoulement (that happens to be the core of the regime) – are not applicable to them because the definition itself is ill-suited for them. The definition in Article 1 is not applicable to them.

What is wrong with the Refugee Convention?

The crux of criticism is that the Convention is obsolete and inappropriate to deal with contemporary challenges. As at end-1999 the UNHCR had identified 22.3 million people ‘of concern’, including 11.7 million ‘refugees’, and 4 million ‘internally displaced’ (people who are refugees in their own countries).

Is the Refugee Convention still relevant today?

The Refugee Convention is a life-saving instrument of protection. In the context of continuing wars, conflict and persecution, and record levels of displacement, it continues to protect the rights and lives of refugees. It is as relevant today as it was in 1951.

What is Article 31 of the Refugee Convention?

Article 31(1) of the Refugees Convention underscores the right of people fearing persecution to seek protection. Article 31(1) was introduced in recognition of the fact that refugees would often have to flee undocumented and that they should not be penalised for doing so.

What rights are refugees entitled to under the 1951 Convention?

These rights include, but are not limited to, the right to non-discrimination (article 3), the right to work (article 17), freedom of religion (article 4), the right to housing (article 21), the right to not be penalised for illegal entry (article 31), the right not to be expelled from a country unless the refugee …

Who hasn’t signed the Refugee Convention?

As of 20 January 2020, there were 146 parties to the Convention, and 147 to the Protocol. Madagascar and Saint Kitts and Nevis are parties only to the Convention, while Cape Verde, the United States of America and Venezuela are parties only to the Protocol.

Who enforces the Refugee Convention?

UNHCR serves as the ‘guardian’ of the 1951 Convention and its 1967 Protocol. According to the legislation, States are expected to cooperate with us in ensuring that the rights of refugees are respected and protected.

Is the Refugee Convention legally binding?

The Refugee Convention was adopted at a United Nations conference on 28 July 1951 and became legally binding on 22 April 1954. It was originally designed to respond to the needs of European refugees in the years following World War II. The Protocol became legally binding on 4 October 1967.

Is the Refugee Convention out of date?

In the post-debate vote on the proposition that “The Refugee Convention is out of date”, just 19% of the audience agreed. 10% remained undecided, while a massive 71% agreed with Feller, McAdam and Aristotle – that the Refugee Convention was not out of date.

What rights are Refugees entitled to under the 1951 Convention?