1. ‘REFUGEE’ DEFINITION – UNHCR

2. WHO ARE PERSONS OF CONCERN TO UNHCR? (Recap ) Simply described as persons whose protection and assistance needs are of concern to UNHCR. ‘Persons of Concern’ comprise all categories of persons covered by UNHCR’s Mandate as progressively developed over time

3. UNHCR’S MANDATE Sourced from: UNHCR Statute of 1950 (annexed to a UN Resolution); Subsequent UN Resolutions adopted by UN Gen. Ass. (UNGA) and the Econ. and Social Council (ECOSOC) Cumulative effect: expanded coverage of UNHCR from original statutory role

4. Persons of Concern inc. Refugees and Non-Refugees Refugees / Prospective Refugees 1951 /1967 Convention Refugees UNHCR Mandate refugees – the “mandate” of the High Commissioner (received from UN entitles UNHCR to consider such persons as ‘refugees’ even if their countries of asylum have not adopted t1951 Convention and/or 1967 Protocol. Persons fleeing conflict, massive human rights violations or serious disturbance of the public order (1969 OAU Refugee Convention definition or [Latin American] 1984 Cartagena Declaration definition) Asylum seekers – claiming to be refugees under any of the foregoing categories) Non-Refugees Returnees) i.e., former refugees Stateless Persons Internally Displaced Persons

5. “UNHCR Mandate Refugee” Any person who falls within the refugee definition as contained in Article 1A(2) of the 1951 Convention or who is outside his/her country of origin or habitual residence and is unable to return there because of serious and indiscriminate threats to life, physical integrity or freedom resulting from generalized violence or events seriously disturbing public order.

6. National Legislation Many states adopt the refugee definition from the relevant international instruments, but… There is no prohibition against adopting a broader definition

7. Identification and Determination In order for a State to fulfill its obligations towards refugees, it must first identify who is a refugee. It is primarily the responsibility of the government of a country to determine whether someone falls within the applicable refugee definition within its jurisdiction.

8. States Have primary responsibility for determining which individuals within their countries are refugees Must ensure the refugee definitions in their national legislation account for their obligation under relevant international instruments that they have signed Are expected to establish procedure to formally recognize refugees

9. “Convention Refugees” A term applied to persons recognized as refugees by the authorities of States that have acceded to the 1951 Convention and/or its 1967 Protocol on the basis of the refugee definition provided in the 1951 Refugee Convention. As such, they are entitled to claim the rights and benefits that those States have agreed to accord refugees.

10. UNHCR UNHCR is also mandated to carry out refugee status determination. A State party to any of the international refugee instruments may ask UNHCR to determine refugee status if that State has yet to establish suitable procedures. By doing so, UNHCR would be filling the gap left by that State’s current inability to fulfill its treaty obligations. UNHCR conducts status determination in countries that are not Party to any of the international refugee instruments. UNHCR may also decide to determine the status of individuals in other circumstances when needed.

11. “UNHCR Mandate Refugees” Individuals considered by UNHCR to be refugees within the definition of its Statute and the 1951 Convention, or under the broader mandate subsequently bestowed by General Assembly and ECOSOC resolutions. The responsibility for treating Mandate Refugees in accordance with international obligations lies with the country of asylum, even if UNHCR has determined status, not the State. UNHCR’s role is to advocate that these individuals be treated appropriately and according to international standards.

12. Individual v. Group Determination Individual A person may be recognized as a Convention or Mandate refugee after an individualized assessment of his/her claim by a State or by UNHCR, respectively. Group Refugee Determination in the context of Mass arrivals / influx of Asylum Seekers Prima facie (literally “first face”) Recognition When asylum-seekers arrive rapidly in large numbers, referred to as a “mass influx”, the authorities of the host country or UNHCR (depending on the relevant circumstances - as previously described) may decide to recognize their eligibility for refugee status on a group basis. This is a practical measure to allow refugees to receive international protection without the formality of undergoing individual refugee status determination. Such Convention or Mandate Refugees are known as prima facie refugees.

13. Temporary Protection Depending on the circumstances, determination of refugee status may also be postponed during a mass influx, and those arriving may instead be provided with temporary protection. Some States have developed “temporary protection” schemes under which asylum seekers in certain circumstances can receive assistance and protection against refoulement, on a group basis, without either a determination of prima facie refugee status for the group or individual status determinations for individuals. The granting of temporary protection in the above instances does not preclude eventual individual status determination.

14. Failed (‘Rejected’) Asylum-Seekers ‘Persons found not to be in Need of International Protection’ Asylum-seekers found not to be in need of international protection are refused refugee status. Thereafter, they are not normally of concern to UNHCR. However, if countries reject asylum-seekers who, in UNHCR’s view are refugees, they would remain of concern to UNHCR. UNHCR may subsequently choose to recognize them as refugees under its own mandate or take steps to ensure they are protected. UNHCR’s Executive Committee has established certain basic principles and standards of treatment that States concerned with failed asylum seekers should observe.

15. Recommended Readings UN High Commissioner for Refugees (UNHCR), Note on the Mandate of the High Commissioner for Refugees and his Office, October 2013, available at: http://www.refworld.org/docid/5268c9474.html [accessed 13 February 2015] http://www.refworld.org/docid/5268c9474.html UN High Commissioner for Refugees (UNHCR), Thematic Compilation of Executive Committee Conclusions, June 2014, Seventh edition, pp. 479- 582, available at: http://www.refworld.org/docid/5538cfa34.html [accessed 23 February 2016] http://www.refworld.org/docid/5538cfa34.html