What does it mean to be a refugee these days?

In this page I’ll explain what means to be a refugee in recent days. According the definition of the UN51 convention, Article 1 of the Convention defines 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 his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country…"

But what does that mean in real life? OK, I'll explain in details the meaning according to my humanitarian thinking. First of all we must understand that UN51 convention depend on international law, and on the community understanding for the human rights charter.

“A person who "owing to a well-founded fear of being persecuted”

Person, refer for individual (not group).

Persecution means missing for justice and indicates for existence for despotism in the country of origin (where that person lived, first country).

“For reasons of race, religion, nationality, membership of a particular social group, or political opinion”

These are the terms that specified the categories of which under will defined those whom eligible to have refugee statue. We can divide these categories under 2 types:

Predestinate,
Which means the characteristics that person acquired when he born like: Race, religion, and nationality. The person didn't choose these characters but he inherited from his parents.

Facultative,
Which mean the characters that had been chosen freely by the person like: Membership of a particular social group, or political opinion.

“Outside the country of his nationality”

Means that, he moved from his own country to another country (2d country) by crossing the international border, and he is subject for another jurisdiction.

“Unable to or, owing to such fear, is unwilling to avail himself of the protection of that country”

That means the fear of repatriation.

The most important parts of the refugee definition are:

Refugees have to be outside their country of origin;
The reason for their flight has to be a fear of persecution;
The fear of persecution has to be well-founded i.e. they have to have experienced persecution or be likely to experience it if they return;
The persecution has to result from one or more of the 5 grounds listed in the definition;
They have to be unwilling or unable to seek the protection of their country.

That are what refugee means according to the UN51 convention, you can consider that as formal meaning or the legal definition that had been approved after the world war2. Before that the refugee meant in the tradition just some one seeking refuge and protection somewhere out side his country or his own residential. In meddle ages we read stories about kings or princes whom had been toppled from government and sought refuge under another authority. These stories was for political reasons. But there was another refugee phenomenon in the history happened in mass form meanly for religious reasons like expulsion of the Jews and the Moors from Spain in the 15th cent, the flights from religious persecutions in Europe to the New World in the 16th and 17th cent, or even for political reasons like the exodus of the émigrés in the French Revolution. Before the 20th cent. there was little or no systematic attempt to help refugees, although some groups, on a private basis, provided assistance to refugees who were coreligionists.

The first refugee definitions emerged in the aftermath of the First World War. There were approximately 1.5 million refugees; estimates that half a million Armenians were displaced following massacres and deportations in Turkey. They subsequently sought refuge in the Middle East, the Soviet Union, or in the West. Furthermore, war between Greece and Turkey led to the forcible exchange of hundreds of thousands of people. The situation had already been exacerbated by those displaced following the demise of Tsarist Russia, the Russo-Polish War and the collapse of the Ottoman empire. Joly (1996) in Asylum Haven or Hell described them as being destitute and unable to earn a living, without the protection of their state and unable to ameliorate their position in life. Consequently they were unable to attain travel documents that were necessary in order to cross national boundaries. This led to the first definition of a refugee and to the emergence of international protection.

Hathaway (1991) claims the initial definitions were formulated in view of this new international dilemma, which rose once a person was denied state protection and thus, was based on what Hathaway terms "a judicial perspective". The withdrawal of de jure protection results in the malfunction in the international legal system (Hathaway 1991). Thus in 1920 the international community under the auspices of the League of Nations sought to resolve the dilemma. For solving the problem of those stateless refugees, the League of Nations created a high commissioner for refugees in 1921 headed by Fridtjof Nansen its high commissioner for refugee. The prime contribution of Nansen was to provide the refugees with an accepted means of identification. This would not only give them status, but the possibility of procuring a passport. Nansen proposed that certificates be issued giving the most. Many governments agreed to recognize the "Nansen passports" and thousands of stateless people were enabled to travel and to settle in other countries. He himself approached the governments and managed to persuade them to accept quotas of refugees."

Also Nansen worked to solve the problem of war prisoners. After the world war1 there was Suffering in prison camps in Europe and Asia were half a million forgotten men; prisoners of war, who had fought for Germany and its allies. Locked in the grip of the Revolution, the Russians were largely indifferent to their fate. Many of the prisoners no longer had a homeland. They knew nothing of their families and little of what had occurred, and they were dying in thousands from cold and hunger. The plight of the prisoners in Siberia was the most desperate: they were starving, their clothing was in rags, medical aid and supplies were completely lacking, and they were without proper shelter; if they were not brought out before the winter of 1920-1921 set in, it was feared that the majority would die of starvation, exposure or disease.

The Soviet authorities agreed to negotiate with Nansen personally. Funds were somehow raised, and the gigantic task put in hand. By September of 1922 Nansen was able to tell the League of Nations that the mission had been accomplished. The Nansen Relief organization had succeeded. Well over 400,000 prisoners of war had been repatriated, not only quickly, but at amazingly low cost.

Nansen also organized and led another major humanitarian mission; that of aiding the 2 million hapless Russians who had fled both revolution, and counter-revolution and were being shuttled from country to country like cattle. So many countries close to the USSR were involved that a central leader was needed who would and could negotiate with many different governments. The League asked Nansen to act as High Commissioner for Refugees, with the task of coordinating all the relief organizations.

The shift from humanitarian protection to individual determinism occurred in the aftermath of WW II. The United Nations Relief and Rehabilitation Agency (UNRRA) was established in 1943 with the principal objective of resettling refugees displaced by the war. The situation was then compounded by the expulsion of 12 million ethnic Germans from the Eastern bloc, a number of who did not wish to be repatriated. The Western Allies supported this entreaty, for they claimed that they were persons who, for reasons of race, religious or political opinion, could not return to their country of origin. However, the Soviet Union did not agree with this and argued that all displaced persons should repatriate. Finally, it was decided that those with valid objections to repatriation were not compelled to return. The mandate of the UNRRA, which was initially limited to six months, was then extended.

The International Refugee Organization (IRO) replaced the UNRRA in 1947 and was charged with the resettlement and repatriation of the remaining 1 million refugees. The substantive scope of the definition moved from humanitarian determination to more precise legal criteria based on individual determinism. The Constitution of the IRO provided protection for certain groups who had valid objections to seeking state protection from their country of origin, a practice inherent in previous instruments. Refugees thus included victims of the Nazi, Fascist, or Quisling regimes 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 shift to individual determinism to the fact that it covered all the main categories likely to need protection at the time.

The IRO was succeeded by the United Nations High Commissioner for Refugees (UNHCR), as the primary agency for dealing with refugees on January 1 1951. Initially it had a limited life-span of three years, however, it was since expanded. The 1951 Geneva Convention was also drawn up in that year, states that when it was being drafted, the international committee agreed to move away from the categorical approach adopted by the League of Nations. Rather they adopted an "abstract concept" for defining a refugee, which had previously been outlined in UNHCR’s statute. Article 1 provides a general definition of the term ‘refugee’. The term applies to any person who:

"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 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 as a result of such events, is unable or, owing to such fear, is unwilling to return to it".

Enshrined in the convention is the prohibition of remove a refugee 'in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion'. It may be affirmed that the new prohibition on the return of refugees to countries of persecution has established itself as a general principle of international law; binding on states automatically and independently of any specific assent.

The most strategic dimension of the definition was that it provided protection to those induced to leave their country of origin due to ‘pro-Western political values’. "The intention was to protect persons from countries under communist domination and the definition was meant to describe the situation in those countries. A strong political element had been inserted in defining the term refugee. The Convention does not provide protection to anyone who commits ‘a crime against peace, a war crime, or a crime against humanity’, ‘a serious non-political crime outside the country of refuge before being admitted as a refugee, and guilty of acts contrary to the purposes of the purposes and principles of the United Nations’.

The Convention was limited historically to events before 1951, and geographically to Europe. This was due to the fact all refugees at the time had been uprooted by events prior to 1951. The 1967 Protocol removed these limitations to extend protection to refugees outside Europe and after 1951. However, the drafters of the 1967 Protocol missed this opportunity to broaden the substantive content of the definition. This was to prevent refugees from becoming a burden for the international community.

Article 1. General provision in The 1967 Protocol:

1. The States Parties to the present Protocol undertake to apply articles 2 to 34 inclusive of the Convention to refugees as hereinafter defined.

2. For the purpose of the present Protocol, the term "refugee" shall, except as regards the application of paragraph 3 of this article, mean any person within the definition of article I of the Convention as if the words "As a result of events occurring before 1 January 1951 and..." and the words "...as a result of such events", in article 1 A (2) were omitted.

3. The present Protocol shall be applied by the States Parties hereto without any geographic limitation, save that existing declarations made by States already Parties to the Convention in accordance with article I B (I) (a) of the Convention, shall, unless extended under article I B (2) thereof, apply also under the present Protocol.

In fact the 1967 protocol did more than just removed the historical and geographical limitations that existed in UN51 convention but also it widen the definition and added new category to the UN51 convention, they called it as IDPs (internally displaced persons).

Internally displaced persons means: Persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters and who have not crossed an internationally recognized State border.

There are two key elements in this description (note that the drafters assiduously avoided the term "definition"). First, coerced or involuntary movement must have taken place. Second, this movement must have occurred within the borders of a person's country or place of habitual residence. The description is especially significant because it is broader than any in use at the international or regional level, and includes displacement due to natural or man-made disasters. Moreover, the description's use of the phrase "in particular" indicates that the list is not exhaustive.

The breadth of the description contained in the guiding principles has aroused controversy, however, and some agencies continue for a variety of reasons to focus only on those who flee because of conflict or for persecution-related reasons. Others maintain that the definition is not broad enough, because it excludes people who are displaced due to extreme poverty.

Apparently now the concept of the meaning of refugee had been misused widely for many reasons. The term ‘REFUGEE” has slipped into common usage to cover wide range of people, including those displaced by natural disaster or environmental change. Refugees are often confused with other migrants. The main categories that been referred to as refugees are listed here:

Exceptional Leave to Remain (ELR)...
People uprooted by civil war fall outside the UN definition of a refugee because they have not been individually targeted for persecution. Asylum seekers who do not meet the criteria of the 1951 Convention but nevertheless need protection may be granted Exceptional Leave to Remain (ELR). It may also be granted on human rights grounds, for example, if a person is likely to be 'subjected to inhuman or degrading treatment', or would not receive a fair trial if they returned home. ELR is normally, but not always, granted for a period of four years (one year initially, then a three year extension). After four years with ELR, a person can apply for Indefinite Leave to Remain (ILR).

Economic Refugee...
This term is not correct. The accurate description of people who leave their country or place of residence because they want to seek a better life is 'economic migrant'.

Economic Migrant...
Migrants make a conscious choice to leave their country of origin and can return there without a problem. If things do not work out as they had hoped or if they get homesick, it is safe for them to return home.

Illegal Immigrant...
Under Article 14 of the Universal Declaration of Human Rights, everyone has the right to seek and enjoy asylum. In addition, Article 13 of the 1951 Convention Relating to the Status of Refugees states that countries should not impose penalties on individuals coming directly from a territory where their life or freedom is threatened on account of their illegal entry.

Often governments refuse to issue passports to known political dissidents or imprison them if they apply. Refugees may not be able to obtain the necessary documents when trying to escape and may have no choice but to resort to illegal means of escape. Therefore although the only means of escape for some may be illegal entry and/or the use of false documentation, if the person has a well-founded fear of persecution they should be viewed as a refugee and not labeled an 'illegal immigrant'.

Governments are imposing stronger measures such as visa restrictions and fines on transport companies with whom asylum applicants arrive, to stop people traveling to their territory. The more obstacles placed on entry, the more likely a refugee will have to resort to using false documents or enlisting the help of human smugglers.

Environmental Refugee...
There are currently 12 million refugees around the world. There are approximately double that number of people who have fled because of floods, famine and other environmental disasters. Although there are similarities between the two groups, the most obvious being the forced nature of their flight and then their need for material assistance and permission to live elsewhere, there are also important differences too.

Refugees can not turn to their own governments for protection because states are often the source of persecution and they therefore need international assistance, whereas those fleeing natural disasters continue to enjoy national protection whatever the state of the landscape. Therefore, in order not to cloud the distinction between the two groups, those fleeing for environmental reasons should be considered 'environmental migrants'.

That confusion opened the door widely for abuse the concept of refugee and to used it for political, intelligent, publicity and financial proposes! There was one meaning for “refugee” in the history depend on the cooperation between the humans to help each other on continuing the life in our early years as humans on earth. After that cooperation changed to feelings of proud and honor maters, like I explained in previous pages with the story of refugee before 2574 years ago. I explained how providing refuge for the prophet Mohammad and the Moslems before 1388 years ago. In the last century and after the world war1 the mean for refugee refer for those whom were prisoner of war and those whom called stateless. After the world war2 the political relationships between countries affected the international help for those whom were victim for Nazi and communism. Some people clamed that help was depend on humanitarian bases!! At any way with UN51 convention the term ‘REFUGE’ to it’s first definition based on individual determinism.

But after the 1967 Protocol and invented the Internet which enabled any one having PC with internet connection to establish business on the net easily and to collect money as donations with using 'REFUGEES'. The meaning of ‘REFUGEE’ without words is this:

They claimed that those people are 'REFUGEES'! I'm not sure but I'll keep digging behind those people to find the truth.