Ad Hoc Committee on Statelessness and Related Problems, Provisional Draft of Parts of the Definition Article of the Preliminary Draft Convention Relating to the Status of Refugees, Prepared by the Working Group on This Article

E/AC.32/L.6

Article I - Definition of the term "refugee"

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

1. Any person who before the outbreak of the Second World War was considered to be a refugee owing to persecution, or well founded fear of persecution, for reasons of race, religion, nationality or political opinion;

2. Any person who (i) is and remains outside the countries of his nationality, former nationality or former habitual residence owing to persecution, or well founded fear of persecution, for reasons of race, religion, nationality or political opinion, and (ii) is unable or for valid reasons unwilling to avail himself of the protection of anyone of the said countries, and (iii) belongs to one of the following categories:

(a) victims of the Nazi regime in Germany or in territory purported to have been incorporated in Germany, or of a regime which took part on its side in Second World War, or of a regime in a country occupied by Germany which assisted Germany against the United Nations;

(b) victims of the Falangist regime in Spain;

(c) persons whose persecution or fear of persecution is due to events in Europe after the outbreak of the Second World War and before July 1, 1950.

3. Any person in one of the following categories:

(a) persons who, as a result of the actions of a regime mentioned in paragraph 2 (a) above, have for reasons of race, nationality, religion or political opinion or for forced labour or similar purpose been deported from, or obliged to leave, their country of nationality, former nationality or former habitual residence and who are unable or for valid reasons, unwilling to avail themselves of the protection of anyone of the last mentioned countries;

(b) persons who, having resided in Germany or Austria and being of Jewish origin, or other than German or Austrian nationality, were victims of Nazi persecution and were detained in, or obliged to flee from, and were subsequently returned to, one of these countries as a result of enemy action or war circumstances and have not resettled therein;

(c) unaccompanied children under sixteen years of age who are either war orphans or whose parents have disappeared during, and in circumstances attributable to, the Second World War, and who are outside their country of nationality, former nationality or former habitual residence.

4. The term "refugee" in this Convention shall not apply to a person who is a member of a former German minority in a country outside Germany who has returned to, sought refuge in, or was expelled to Germany, and who is resident there.

B. The benefits of this Convention shall not be available to any person who has committed a crime specified in Article VI of the London Charter of the International Military Tribunal or any other act contrary to the purposes and principles of the Charter of the United Nations.

C. Without prejudice to individual or concerted action by the signatories of this Convention, the High Contracting Parties may add to the definition of "refugee" contained in this Article such persons in any other categories who may be agreed to by them upon the recommendation of the General Assembly.

D. This Convention shall cease to apply to any refugee when:

1. he acquires a new nationality, or

2. he returns to his country of nationality, former nationality or former habitual residence.