Ad Hoc Committee on Statelessness and Related Problems, United States of America: Memorandum on the Definition Article of the Preliminary Draft Convention Relating to the Status of Refugees (and stateless Persons) (E/AC.32.2)

E/AC.32/L.4

UNITED STATES OF AMERICA: Memorandum on the Definition Article of the Preliminary Draft Convention Relating to the Status of Refugees (and Stateless Persons) (E/AC.32.2)

Chapter I - Scope

Article I - Definition of the term "refugee"

A. For the purposes of the present Convention, the term "refugee" shall apply to:

1. Any person defined as a refugee for purposes of the following intergovernmental arrangements and conventions:

(a) Arrangement relating to the issue of identity certificates to Russian and Armenian refugees, supplementing and amending the previous arrangements dated 5 July 1922 and 31 May 1924. Signed at Geneva 12 May 1926, and registered 2 May 1929.

(b) Arrangement relating to the legal status of Russian and Armenian refugees. Signed at Geneva 30 June 1928, and registered 2 May 1929.

(c) Arrangement concerning the extension to other categories of refugees of certain measures taken in favour of Russian and Armenian refugees. Signed at Geneva, 30 June 1928.

(d) Convention relating to the international status of refugees. Signed at Geneva, 28 October 1923.

2. Any person who is and remains outside his country of nationality or of former habitual residence, because of persecution or fear of persecution on account of race, nationality, religion or political belief, and who belongs to one of the following categories:

(a) German, Austrian, Czechoslovak and Italian refugees. Any person possessing or having possessed German, Austrian, Czechoslovak or Italian nationality, whether or not he has international status as a refugee, who has been a victim of the Nazi regime in Germany or the Fascist regime in Italy, or of a regime which took part on their side in the Second World War, or of a quisling or similar regime which assisted them against the United Nations, who is unable or unwilling to avail himself of the protection of the provisional government of Germany, or of the governments of Austria, Czechoslovakia or Italy, and who has not acquired another nationality.

(b) Spanish refugees. Any person of former Spanish nationality, whether or not he has international status as a refugee, who is a victim of the Falangist regime in Spain, who is unable or unwilling to avail himself of the protection of the government of Spain, who has not acquired another nationality.

(c) Neo-refugees. Any person, other than a person of German ethnic origin residing in Germany, or a displaced person as defined in clause 2 of this sub-paragraph, or a refugee for whom provision is made in General Assembly resolutions 212 (III) of 19 November 1948 and 302 (IV) of 8 December 1949, who as a result of events subsequent to the outbreak of the Second World War, is unable or unwilling to avail himself of the protection of the government of his country of nationality or former nationality, and who has not acquired another nationality.

3. Persons in the following categories:

(a) Displaced persons. Any person who, as a result of the actions of the authorities of the Nazi regime in Germany or the Fascist regime in Italy, or of a regime which took part on their side in the Second World War, or of a quisling or similar regime which assisted them against the United Nations, whether or not he enjoys international status as a refugee, has been deported from or has been obliged to leave his country of nationality or of former habitual residence (such as a person who was compelled to undergo forced labour or who was deported for reasons of race, nationality, religion or political belief), who is unable or unwilling to avail himself of the protection of the government of the country of his nationality or former nationality, and who has not acquired another nationality.

(b) Unaccompanied children. Any unaccompanied child sixteen years of age or under, who is a war orphan, or whose parents have disappeared, who is unable or unwilling to avail himself of the protection of the government of his country of nationality or former nationality, and who has not acquired another nationality.

B. A person who leaves or has left his country of nationality or of former habitual residence for reasons of purely personal convenience is not included in this definition.

C. A person falling within the categories enumerated in this Article shall no longer be covered by the present Convention when:

1. he acquires a new nationality, or

2. he returns to his country of former nationality.