Historical development of refugee law

Refugee law began with Norwegian explorer and humanitarian Fridtjof

Nansen. In 1921, he was appointed High Commissioner for Russian
Refugees by the League of Nations. Many Russian refugees had lost
their nationality and passports due to Soviet policies. At the time, there
were no laws to help people without travel documents. Nansen
introduced the first international agreements for refugees, including
the "Nansen passport," which allowed them to travel legally.
A later treaty, the Agreement on Refugee Travel Documents,
was signed in London on October 15, 1946. It provided travel
documents for refugees not covered by earlier agreements.
Unlike the Nansen certificate, which was just a sheet of paper,
this new document was a booklet like a passport. It also allowed
the holder to return to the issuing country while it was valid (one
or two years).
The International Refugee Organization (IRO) was
established on April 20, 1946, as a temporary specialized
agency of the United Nations, primarily to address the
refugee crisis resulting from World War II. It officially
began operations on July 1, 1947, taking over the
responsibilities of the earlier United Nations Relief and
Rehabilitation Administration (UNRRA), which had been
involved in post-war recovery efforts.
Key Functions and Achievements

The IRO's main objectives included:

● Care and Maintenance: Providing essential support to refugees in camps
across Europe and Asia.
● Repatriation and Resettlement: Facilitating the return of refugees to their
home countries or their resettlement in new locations, particularly for
those unwilling or unable to return due to political reasons.
● Vocational Training: Offering training programs to help refugees
integrate into new societies and economies.
● Tracing Services: Assisting individuals in locating lost family members
separated during the war.
Dissolution and Legacy

The IRO was dissolved by Resolution No. 108 on February 15,

1952, with its functions transitioning to the newly established
Office of the United Nations High Commissioner for Refugees
(UNHCR). The IRO officially ceased operations on January 31,
1952, and completed its liquidation process by September 30,
1953. Its legacy includes laying the groundwork for modern
refugee law and humanitarian assistance frameworks that
continue to evolve today.
WHO ARE REFUGEES?
WHO ARE REFUGEES?
• A refugee is someone who has been forced to flee his or her country
because of persecution, war or violence. A refugee has a
well-founded fear of persecution for reasons of race, religion,
nationality, political opinion or membership in a particular social
group.
• They are afraid to return home due to war and ethnic, tribal and
religious violence are leading causes of refugees fleeing their
countries.
• Recent statistices shows that 73 percent of all refugees and other
people in need of international protection come from just five
countries: Afghanistan, Syria, Venezuela, Ukraine and Sudan.
Under the auspices of the League of Nations began with a focus on
particular national groups were addressed as refugees. It included
some who was (a) outside their country of origin and (b) without the
protection of the government of that or any other state, were
sufficient and necessary conditions.
1938 Convention concerning the Status of Refugees coming from
Germany mentions
1. Persons possessing or having possessed German nationality and
not possessing any other nationality, who are proved not to enjoy,
in law or in fact, the protection of the German Government
2. Stateless persons not covered by previous conventions or
agreements who have left German territory after being established
therein and who are proved not to enjoy, in law or in fact, the
protection of the German Government.
The Constitution of the IRO continued the practice of the earlier
instruments, and specified certain categories to be assisted.
“Refugees” thus included victims of the Nazi, Fascist or Quisling regime
which had opposed the United Nations, certain persons of Jewish
origin, or foreigners or stateless persons who had been victims of Nazi
Persecution, as well as persons considered as refugees before the
outbreak of the Second World War for reasons of race, religion,
nationality, or political opinion.
The IRO was also competent to assist ‘displaced persons’ including
those deported or expelled from their own countries, some of whom
had been sent to undertake forced labour.
After World War II, the concept of a refugee underwent a
dramatic transformation. What once was a fluid, open-ended
idea rooted in shared experiences of displacement and
hardship evolved into a tightly defined, legalistic framework.
This shift from a compassionate, group-based understanding
to a rigid classification not only changed how refugees were
perceived but also shaped the policies that determined their
fate. It’s a story of how humanity’s response to crisis became
entangled in the complexities of law and politics, raising
profound questions about identity, belonging, and justice in a
fractured world.
The definition of a refugee under the UNHCR Statute
is found in Article 6(A) of the Statute of the Office of
the United Nations High Commissioner for Refugees,
which was adopted by the United Nations General
Assembly in Resolution 428(V) on 14 December
1950.
“Any person who, 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, owing to such fear, is unwilling to avail
himself of the protection of that country; or who, not
having a nationality and being outside the country of
his former habitual residence, is unable or, owing to
such fear, is unwilling to return to it”.
The UNHCR Statute also allows the organization to
assist other groups of displaced persons who may
not strictly fall under this definition but are in need
of international protection, such as those
displaced by conflict or violence. This flexibility
has enabled the UNHCR to respond to evolving
global crises while remaining rooted in its legal
mandate.
Definition of Refugee
After the second world war the definition of Refugee moved from a
basis in flexible or open groups and categories to more closed and
legalistices one.
:
• The definition of a refugee under the 1951 Refugee Convention and
its 1967 Protocol is:

• A refugee is a person who, owing to a 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
their nationality and is unable or, owing to such fear, unwilling to
avail themselves of the protection of that country.
The United States enacted a definition of refugee similar to the 1967
Protocol’s definition

The Immigration and Nationality Act (INA) defines "refugee" as: (A)
any person who is outside any country of such person's nationality or,
in the case of a person having no nationality, is outside any country in
which such person last habitually resided, and who is unable or
unwilling to return to, and is unable or unwilling to avail himself or
herself of the protection of, that country because of persecution or a
well-founded fear of persecution on account of race, religion,
nationality, membership in a particular social group, or political
opinion,
Regional Expansions of the Refugee
Definition
As a result of changing migration patterns that threatened the political
stability of many countries in Africa and Central America,
intergovernmental regional bodies adopted agreements broadening
the scope of protection afforded to persons covered by the
agreements. These instruments apply only to nations in the region who
are signatories to them.
Organization of African Unity (OAU) Convention
Governing the Specific Aspects of Refugee
Problems in Africa
The 1969 OAU Convention expanded the refugee definition to include
those who fled their countries because of “external aggression,
occupation, foreign domination, or events seriously disturbing public
order
Cartagena Declaration on Refugees
In 1984, the Central American countries and Mexico met to address
their concerns regarding the large flow of refugees fleeing civil wars
across the region. These countries adopted a declaration, the
Cartagena Declaration on Refugees, built upon the refugee definition
of the OAU Convention adding to it those who are fleeing on account
of “generalized violence” and “massive violation[s] of human rights.
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How are refugees different from asylum seekers, internally displaced people, and
migrants?

● Refugees are people who flee their home country because of danger or persecution and
because they are not protected by their country’s government. A person may fit this
definition before being formally granted refugee status.
● Asylum seekers are people who’ve applied for protection — refugee status — on arrival
in a country besides their own.
● Internally displaced people (IDPs) are people displaced by conflict, violence, or natural
disasters within their home country.
● Migrants are people who move from their usual place of residence, whether internally or
internationally, regardless of their legal status or reasons for moving. Although there is no
formal legal definition, experts agree on this classification.
Universal Instrument

• Convention relating to the Status of Refugees, 1951

• Protocol relating to the Status of Refugees,1966
What is the difference between the 1951
Convention and its 1967 Protocol?
• In July 1951, a diplomatic conference in Geneva adopted the Convention
Relating to the Status of Refugees. It has since been subject to only one
amendment in the form of the 1967 Protocol.
• Initially, the 1951 Convention was essentially limited to protecting European
refugees in the aftermath of the Second World War: The document contains
the words “events occurring before 1 January 1951” which are widely
understood to mean “events occurring in Europe” prior to that date.
• The 1967 Protocol, adopted 4 October 1967, removes these geographic and
time-based limitations, expanding the Convention to apply universally and
protect all persons fleeing conflict and persecution.
• Which countries are party to the 1951 Convention and its 1967
Protocol?
• To date, 149 States are parties to the 1951 Convention and/or its
1967 Protocol.
• Is
Bangladesh Party to Convention relating to the
Status of Refugees, 1951?
What rights do refugees have under the 1951
Convention?
• The cornerstone of the 1951 Convention is the principle of non-refoulement contained in Article 33. According to this principle, a refugee should not be returned to a country
where they face serious threats to their life or freedom.

• Other rights contained in the 1951 Convention include:

• The right not to be expelled, except under certain, strictly defined conditions (Article 32)
• The right not to be punished for irregular entry into the territory of a contracting State (Article 31)
• The right to non-discrimination (Articles 3 and 5)
• The right to decent work (Articles 17 to 19 and 24)
• The right to housing, land and property, including intellectual property (Articles 13, 14 and 21)
• The right to education (Article 22)
• The right to freedom of religion (Article 4)
• The right to access to justice (Article 16)
• The right to freedom of movement within the territory (Article 26 and Article 31 (2))
• The right to be issued civil, identity and travel documents (Articles 12, 27 and 28)
• The right to social protection (Articles 23 and 24 (2-4)).
Refugee Statistics
• More than 120 million individuals have been forcibly displaced
worldwide as a result of persecution, conflict, violence or human
rights violations.
• This includes:

• 43.4 million refugees

• 63.3 million internally displaced people
• 6.9 million asylum seekers
• 5.8 million people in need of international protection, a majority from
Venezuela
•Noteworthy Facts and Statistics by
Region/Country
Sub-Saharan Africa
Sub-Saharan Africa refers to the region of
the African continent located south of the
Sahara Desert. It includes 49 countries,
such as Nigeria, South Africa, Kenya,
Ethiopia, and the Democratic Republic of the
Congo, among others
Sub-Saharan Africa
The conflict in Sudan, particularly between the Sudanese Armed
Forces (SAF) and the Rapid Support Forces (RSF), has plunged the
country into a devastating humanitarian crisis. Rooted in political
and economic tensions, the violence has displaced millions, with
many fleeing to neighboring countries like Chad and South Sudan.
Civilians have borne the brunt of the fighting, facing widespread
violence, food shortages, and collapsing healthcare systems.
International efforts to mediate peace have struggled to gain
traction, leaving Sudan in a state of prolonged instability. The crisis
underscores the urgent need for global attention and coordinated
humanitarian aid to address the suffering and prevent further
escalation.
• Conflict in Sudan, beginning in April 2023, displaced 2.6 million
people within Sudan and 738,000 others who fled to neighboring
countries by July 2023.
• The East and Horn of Africa, and Great Lakes region hosted nearly 5
million refugees at the end of 2022.
• The region hosts 20 percent of the global refugee population and
almost 85 percent of all refugees in the region live in Chad (592,800),
Cameroon (473,900) and Niger (255,300).
Central America and Venezuela

• In recent years, Honduras has experienced an increase in violence by

organized criminal groups, locally called maras. El Salvador has seen
decreased organized violence.
• The number of refugees and Venezuelans displaced abroad grew in
2021, reaching 5.2 million by the end of the year.
• By the end of 2022, an estimated 968,300 people from El Salvador,
Guatemala and Honduras were internally displaced or sought asylum
in neighboring countries or countries in the Americas, as did 241,900
people identified as populations of concern.
Europe
• By the end of 2022, Europe hosted 1 in 3 refugees in the world (36
percent). The number of refugees hosted in Europe rose from 7 million at
the end of 2021 to 12.4 million at the end of 2022.
• Turkey continues to be the world's largest refugee-hosting country, home
to 3.6 million refugees or 10 percent of all people displaced across borders.
• Germany hosted nearly 2.1 million people, 6 percent of all refugees
globally.
• In 2022, more than 159,000 people risked their lives trying to reach Europe
by land and sea; more than 2,439 are dead or missing.
• In response to the enormous scale of displacement by the war in Ukraine,
EU member states and other European states granted temporary
protection to millions of refugees from Ukraine.
Iraq
• As of May 2023, nearly 1.2 million Iraqis continue to be internally
displaced and the country also hosts 273,700 refugees from other
countries.
• Although Iraqi IDP returnees, around 4.8 million as of May 2023,
consistently outnumber those who are internally displaced, many
struggle to reintegrate and still require humanitarian assistance.
Syria
• Conflict in Syria reached its 12th year in 2022, over a decade.
• Syrians accounted for almost 1 in 5 refugees globally, with 6.5 million
hosted in 131 countries.
• There are 13.5 million displaced Syrians, representing more than half
of Syria's total population, with 6.8 million internally displaced by late
2022.
• Over three-quarters of refugees, 77 percent, resided in neighboring
countries including Türkiye (3.5 million), Lebanon (814,700) and
Jordan (660,900).
Rohingya Refugee
• The Rohingya are a stateless Muslim minority in Myanmar. The vast
majority of Rohingya refugees are women and children, including
newborn babies. Many others are elderly people requiring additional
aid and protection.
• 1.2 million stateless Rohingya refugees have fled Myanmar since the
start of violence in 2017.
• 90 percent of Rohingya refugees live in Bangladesh and Malaysia.
Ukraine
• The war in Ukraine has captured global attention with more than 5
million Ukrainians displaced within their country and an additional
6.3 million displaced across borders as of June 2023.
• More than 17 million people are in need of urgent humanitarian
assistance inside Ukraine.
Reason of
• The full-scale war in Ukraine began on February 24, 2022 following
the Russian Federation’s invasion of the country. As a result of heavy
shelling and fighting, nearly 4 million people have been driven from
their homes and are internally displaced and 6.8 million people have
crossed into neighboring countries in the region including Poland,
Hungary, Moldova or other countries globally. Poland has welcomed
the greatest number of Ukrainian refugees, hosting nearly 60 percent
of all refugees from Ukraine.
Yemen
• Fighting in Yemen, already one of the poorest countries in the Middle
East, has severely compounded needs arising from long years of
poverty and insecurity.
• In 2022, the internally displaced population in Yemen reached 4.5
million people, with displaced families facing an acute risk of famine.
• Natural disasters have exacerbated conflict in Yemen, forcing
Yemenis to flee multiple times.