Edited by Stephen Tully
Chapter 21: UN: Convention relating to the Status of Refugees, 1951
Commentary: The Convention (189 UNTS 150, entry into force 1954) is supervised by the UN High Commissioner for Refugees (UNHCR, www.unhcr.ch). The Protocol Relating to the Status of Refugees (606 UNTS 267 (1967), entry into force 1967) amends the principal Convention as if the words ‘as a result of events occurring before 1 January 1951’ and ‘as a result of such events’ were omitted. See further, Convention Governing the Specific Aspects of Refugee Problems in Africa 1001 UNTS 45 (entry into force 1974); the Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live, UNGA Resolution 40/144 (1985); UNHCR, ‘Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees’, UN Doc HCR/IP/4/Eng/REV.1 (1992). Corporate acts coupled with either the inability of governments to protect refugees or commercial encouragement to that effect constitutes complicity sufficient to qualify as persecution under the Convention: Re Attorney-General of Canada and Ward; UNHCR et al (1993) 103 DLR (4th) 1; Dankha (1998) 111 ILR 503. Article 1. Definition of the Term ‘Refugee’ A. For the purposes of the present Convention, the term ‘refugee’ shall apply to any person who: (2) As a result of events occurring before 1 January 1951 and 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 his nationality and is unable or,...
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