Abstract

The drastic rise in the number of refugees in recent times and the narrowing of the definition of refugees by states is the precursor to a greater human rights crisis. Refugee, according to international standards, is a person who is unable or unwilling to stay in the country of his nationality or is unable to avail himself of the protection of that country due to fear of the proposed establishment of persecution for reasons of race, religion, nationality, membership or political opinion of a particular social group.

Some regional systems extend the definition of a refugee to this international standard. Although the UNHCR and asylum countries may officially recognize some refugees, the refugee status is “legally constructive”. This means that all people who meet the above qualifications are legally refugees, even if they are not recognized as refugees by an external party such as the national government or the UNHCR.

The 1951 Refugee Convention sets out the standards for whether or not there are refugees seeking asylum – membership in race, religion, ethnicity, political or social group. Part of its magic is that it is resilient enough to reflect current realities.