Ad Hoc Committee on Statelessness and Related Problems, Decisions of the Committee on Statelessness and Related Problems Taken at the Meetings of 31 January 1950

E/AC.32/L.20

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:

(a) As a result of events in Europe after 4 August 1914 and before 1 July 1950 has well founded fear of being the victim of persecution for reasons of race, religion, nationality or political opinion; and

(b) For such reasons has left or is outside the country of his nationality, or if he has no nationality, the country of his former habitual residence; and

(c) For such reasons is unable or unwilling to avail himself of the protection of the government of his country of nationality.

This provision shall not include a person who was a member of a German minority in a country outside Germany and who is in Germany.

2. Any person who:

(a)

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

(ii) Was or has well founded fear of becoming a victim of the Falangist regime in Spain; and

(b) For such reasons has left or is outside the country of which he is a national or, if he has no nationality, outside his country of former habitual residence; and

(c) Is unable or unwilling to avail himself of the protection of the government of his country of nationality.

B. The High Contracting Parties may agree to add to the definition "refugee" contained in this Article such persons in any other categories as may be recommended by the General Assembly.

C. No High Contracting Party shall apply the benefits of this Convention to any person who it considers 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.

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, or if he has no nationality, to his country of former habitual residence.