1951 REFUGEE CONVENTION: A COMPREHENSIVE CRITIQUE
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Abstract
A refugee is person who is outside his country of origin having a well-founded fear of persecution because of his race, religion, nationality, membership in a social group, or political opinion; and is unable or unwilling to avail himself of the protection of the country, or to return there for fear of persecution.
It was in twentieth century that there was a need felt to have laws to protect the interests of the people who were displaced due to war. The various international conventions provided for such provisions which played a significant role in safeguarding interests of refugees. But these conventions were limited to providing protection from specific instances of persecution. One such example can be deciphered from the convention that dealt with displacement of people due to Bolshevik Revolution in Russia in 1917. The main thrust of the earlier conventions was to facilitate travel and identity documents to the refugees in question. Subsequently various conventions developed which gave a broader meaning to the definition of a refugee. The first one was in the year 1933 which dealt with providing international status to refugees. Presently it is the 1951 convention which mainly deals with providing protection to the refugees. It can in other words be termed as Magna Carta of the refugee convention.
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