The legal regime for the protection of asylum seekers and refugees: An overview of the Geneva Convention 1951

Abstract

Following the experience of the World War II when several people became homeless and displaced, the United Nations took it upon itself to address the issue of refugees by adopting the 1951 Geneva Convention relating to the Status of Refugees.¹The international community has reiterated its commitment to the implementation of conventions on the protection of rights of refugees all over the world. Consequently, the United Nations adopted the 1967 protocol which applies to persons who became refugees after 1st January 1951. It has however been observed that, while some contracting states to the conventions adhere to the provisions of the conventions to the letter, others have failed to adequately implement their international legal obligations in a holistic and bona fide manner, combined with a lack of enforcement mechanisms. This paper examines refugees’ rights and the protection under the 1951 Geneva Convention relating to the Status of Refugees and makes appropriate recommendations.

Keywords: Asylum, refugee status, freedom of movement, United Nations High Commissioner for Refugees/UNHCR, human rights