Exploring CSR’s definition of a refugee.

UNHCR

The 1951 Convention Relating to the Status of Refugees, as extended by regional conventions like the OAU Convention (1969), has a number of key strengths in its definition of refugees. It is one of its strengths as it provides international legal protection to those who are seeking refuge from persecution. A refugee is defined by the Convention as a person who has a well-founded fear of persecution, on the basis of race, religion, nationality, political opinion, or membership in a particular social group. This definition establishes a legal definition that requires states to safeguard refugees and respect their rights, including that of non-refoulement, which prohibits forced returns to countries where their life and freedom is at risk. The definition also has the benefit of setting standards for refugee protection that provide accountability between states and humanitarian agencies.

A further advantage is that the wider African regional approach takes account of the reality of mass displacement resulting from war, external aggression, occupation or anything that gives significant cause for concern as regards public order. The definition is more relevant in contexts of displacement in Africa, where there is often a lack of specific persecution, but generalized violence instead. There are some constraints on the definition of the CSR, however. The major drawback is that the original 1951 Convention definition is narrow, and is very focused on persecution. Many of those who are displaced in the modern world run away due to climate change, environmental catastrophe, poverty, famine, and economic failure, but may not fit the definition of refugee. This means that people who are more susceptible to the effects of a disaster may continue to be left without protection.

One of the other restrictions is the challenge of establishing a “well-founded fear” of persecution. Often refugees don’t have documents or evidence, making the asylum process complicated and sometimes unfair. Moreover, the definition can be subject to different interpretations by different states depending on their political agenda, which can result in differential treatment of the asylum seekers. In sum, the refugee definition remains an important cornerstone of international protection, but is not always able to capture the nature of new and complex patterns of displacement today.