The 1951 Refugee Convention

The 1951 Refugee Convention was the first truly international agreement covering the most fundamental aspects of a refugee's life. It outlined a set of basic human rights that refugees are entitled to and provided the definition of a refugee. It also recognized the international scope of refugee crises and the necessity of international cooperation, including burden-sharing among states, in tackling the problem.

Yes. Although originally adopted to deal with the aftermath of the Second World War in Europe, the 1951 Convention has proved remarkably resilient, protecting millions of refugees over the decades. Together with the 1967 Protocol as well as broader regional refugee criteria, the Convention continues to provide the legal framework to safeguard the rights and safety of refugees. Through progressive interpretation, it remains relevant in tackling contemporary challenges, such as ongoing conflicts, climate change and disasters. 

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 the country of [their] nationality and is unable or, owing to such fear, is unwilling to avail [themself] of the protection of that country; or who, not having a nationality and being outside the country of [their] former habitual residence, is unable or, owing to such fear, is unwilling to return to it."

Regional refugee instruments complement the 1951 Convention and have built upon its definition, by referencing a number of ‘objective’ circumstances compelling refugees to flee their countries of origin. For example, the definition outlined in the 1969 OAU (Organization of African Unity) Refugee Convention includes ‘external aggression, occupation, foreign domination or events seriously disturbing public order’ (Article 1 (2)). The 1984 Cartagena Declaration includes ‘generalized violence, foreign aggression, internal conflicts, massive violations of human rights or other circumstances which have seriously disturbed public order’ (paragraph III (3)).

States are responsible for protecting the fundamental human rights of their citizens.

When they are unable or unwilling to do so – often for political reasons, based on discrimination, or due to conflict, violence and other circumstances seriously disturbing public order – individuals may suffer such serious violations of their human rights that they must leave their homes, their families and their communities to find sanctuary in another country.

Since, by definition, refugees are not protected by their own governments, the international community steps in to ensure they are safe and protected.

Countries that have signed the 1951 Convention are obliged to protect refugees on their territory and treat them according to internationally recognized standards.

The cornerstone of the 1951 Convention is the principle of non-refoulement contained in Article 33. According to this principle, a refugee should not be returned to a country where they face serious threats to their life or freedom.

Other rights contained in the 1951 Convention include:

• The right not to be expelled, except under certain, strictly defined conditions (Article 32)
• The right not to be punished for irregular entry into the territory of a contracting State (Article 31)
• The right to non-discrimination (Articles 3 and 5)
• The right to decent work (Articles 17 to 19 and 24)
• The right to housing, land and property, including intellectual property (Articles 13, 14 and 21)
• The right to education (Article 22)
• The right to freedom of religion (Article 4)
• The right to access to justice (Article 16)
• The right to freedom of movement within the territory (Article 26 and Article 31 (2))
• The right to be issued civil, identity and travel documents (Articles 12, 27 and 28)
• The right to social protection (Articles 23 and 24 (2-4)).

Yes. Refugees are required to abide by the laws and regulations of their country of asylum and respect measures taken for the maintenance of public order.

In July 1951, a diplomatic conference in Geneva adopted the Convention Relating to the Status of Refugees. It has since been subject to only one amendment in the form of the 1967 Protocol.

Initially, the 1951 Convention was essentially limited to protecting European refugees in the aftermath of the Second World War: The document contains the words “events occurring before 1 January 1951” which are widely understood to mean “events occurring in Europe” prior to that date.

The 1967 Protocol, adopted 4 October 1967, removes these geographic and time-based limitations, expanding the Convention to apply universally and protect all persons fleeing conflict and persecution.

To date, 149 States are parties to the 1951 Convention and/or its 1967 Protocol. To learn more and view which countries are signatories, explore UNHCR’s Refugee Treaty and Legislation Dashboard.

A refugee seeking protection must not be prevented from entering a country. The principle of non-refoulement is a core principle of international human rights and refugee law that prohibits States from returning individuals in any manner whatsoever to countries where they may be at risk of persecution, torture, or other forms of serious harm. It is recognized as part of customary international law and is therefore binding on all States, whether or not they are parties to the 1951 Convention.  

Yes. The 1951 Convention only protects persons who meet the criteria for refugee status. Certain categories of people are considered not to deserve refugee protection and should be excluded from such protection. This includes persons for whom there are serious reasons to suspect that:

• they have committed a crime against peace, a war crime, or a crime against humanity;
• they have committed a serious non-political crime outside their country of refuge prior to the admission to that country as a refugee; or
• they are guilty of acts contrary to the purposes and principles of the United Nations.

A State can accede to the 1951 Convention at any time by depositing an instrument of accession with the Secretary-General of the United Nations. The instrument of accession must be signed by the Foreign Minister or the Head of State or Government.

States wishing to accede to the 1967 Protocol should follow the same procedure. States may also accede simultaneously to both the Convention and Protocol, and most States choose to do so.

Learn more about how and why States can accede to the 1951 Convention and its Protocol (pdf).