Meanings of a term "refugee" as given by different sources

MEANINGS OF A TERM  “REFUGEE”

          A refugee is a person who has fled their own country because they have suffered human rights abuses or because of who they are or what they believe in. Their own government cannot or will not protect them and so they are forced to seek international protection, this is the meaning of refugee according to amnesty international.

          A refugee is a displaced person who has been forced to cross national boundaries and who cannot return home safely. Such a person may be called an asylum seeker until granted refugee status by the contracting states or the United Nations High Commissioner of Refugees (UNHCR)

          A refugee is an individual who has been forced, in significant degree, outside the domestic political community indefinitely. 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. Cartagena declaration

          According to the United Nations, a term “refugee” means, a person fleeing armed conflict or persecution. Migrants choose to move not because of a direct threat of persecution or death, but mainly to improve their lives by finding work, or in some cases for education, family reunion, or other reasons.

          Article 1(a) (2) of the  refugee convention[1], defines a refugee as an individual who is outside his or her country of nationality or habitual residence who is unable or unwilling to return due to a well founded fear of persecution based on his or her race, religion, nationality, political ideology, or membership in a particular social group. Applying this definition, internally displaced persons (IDPS) including individuals fleeing natural disasters and generalized violence, stateless individuals not outside their country of habitual residence or not facing persecution, and individuals who have crossed an international border fleeing generalized violence are not considered refugees under either the 1951 convention or the 1967 optional protocol[2].

          League of Nations also defines a term refugee as someone that was out of their country of origin and without protection of the government of that state , were sufficient and necessary condition. This meaning of a term “refugee” as provided by league of nation is the same or almost the same with a meaning of a term refugee as provided by Russians.

           A Russian refugee[3], for example was defined in 1926 to include “any person of Russian origins who does not enjoy or who no longer enjoy the protection of the government of the Union of the socialist soviet republics and who has not acquired another nationality. In this instance, presence outside the country of origin was not explicitly required but was implicit in the objectives of the arrangements, namely, the issue of identity certificates for purposes of travel and resettlement. Later definition applied this standard formula to other categories of refugees, often but not always defined by national group. Even when social and political upheaval was accepted as giving content and meaning to refugee definitions, these remained circumscribed by particular crises and linked to ethnic or national origin.

          According to the refugees Act of Tanzania,[4] a word refugee means a person who is outside the country of his nationality or if he has no nationality, the country of his former habitual residence, because he has or had a well founded fear of persecution by reasons of his race, religion, nationality members of a particular social group or particular political opinion and is unable or, because of such fear, is unwilling to avail himself of the protection of the government of the country of his nationality, or if he has no nationality, to return to the country of his former, habitual residence,

          Or, a person owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality, is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality, Or, a person who has been declared in the government gazette to be a refugee.

VARIOUS ACTS OR CONVENTION’S PROVISIONS WHICH LIMIT OR EXPAND  REFUGEE’S PROTECTION.

The meaning of refugee has been a great discussion among the academia as to which extent, the meaning of refugee cover all matters which may influence people to move from their original area to an alien location, The term “refugee” has been defined by many international organizations, Acts or statutes and conventions include, refugee convention of 1951, convention for the protection of human rights and fundamental freedoms (1949), Cartagena declaration on refugees (1984). Some definitions of refugees as provided by different sources, expands and other definitions limit the protection of individuals due to various reasons as follows;

          Convention governing the specific aspects of refugee problems in Africa expanded the protection of an individual[5], this convention accepted the definition of 1951 refugee convention and expanded it to include people who were compelled to leave their country not only as a result of persecution but also owing to. External aggression, occupation, foreign domination or events seriously disturbing public order, this definition is a wider definition than the one found I n the UN refugee convention and adapts the definition to the reality of the developing world. The Africans union definitions also recognize non-state groups as perpetrators of persecution, and does not demand that a refugee shows a direct link between herself or himself and the future danger. It is sufficient that the refugee considers the harm sufficient to force her/him to abandon their home, Article 1 of the OAU give a good meaning of a refugee.

          Cartagena declaration on refugees[6], the refugee definition of Cartagena declaration builds upon the OAU adding to it the threat of generalized violence, internal aggression, and massive violation of human rights. Unlike the definition in the refugee convention by the African Union, however, a refugee must show a link between himself or herself and the real risk of harm; all applicants must demonstrate that “their lives”, safety or freedom have been threatened. This demand is similar to the United Nations Refugee Convention, which require individuals to show that they risk persecution as a particular individual rather than in general. Although not formally binding, the Cartagena Declaration has become the basis of refugee policy in the region and has been incorporated in to the national legislation of a number of states.

          The 1951, refugee convention places a number of restrictions, limits or eligibility for refugee status. Article 1 (f) excludes individuals with respect to whom there are serious reasons for considering that; he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments draw up to make provision in respect of such crimes, also a person who has committed a serious non-political crime outside the country of refugee prior to his admission to that country as a refugee, and a person who has been guilty of acts contrary to the purposes and principles of the united nations. In addition, article 1(D) of the convention excludes individuals who, at the time of the 1951 convention, were already receiving protection or receiving assistance from another UN organizations or agency. Article 1 largely applied to Korean Receiving Aid From United Nations Korean Reconstruction Agency (UNKRA) and Palestinians receiving aid from the united nations relief and works agency for Palestine refugee in the Near East (UNRWA) and continues to apply to the later. UNHCR, hand book on procedures for determining refugees status under the 1951 convention and the 1967 protocol relating to the status of refugees, para. 142. Although Palestinians hiring areas where UNRWA operates are eligible for refugees status under the 1951convention.

          Countries in the America and Africa experiencing large-scale displacement as the result of armed conflicts found that the 1951 convention definition did not go far enough in addressing the protection needs of their populations. Consequent, both article 3 of the Cartagena declaration and article 1(2) of the 1969 OAU convention extend refugee status to an individual who “owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality, is compelled to leave his place of habitual residence in order to seek refugee in another place outside his country of origin or nationality “ OAU convention governing the specific aspect of the refugee problem, article 1(2) ; accord Cartagena declaration refugees, on the international protection of refugee in central America, Mexico and panama, article 3, the African union is unique in having a convention that specifically addresses the protection needs of IDPs. African union convention for the protection and assistance of internally displaced persons in Africa. Finally, the united nations high commissioner for refugees (UNHCR) provides protection to IDPs and stateless individuals in addition to 1951 convention refugees.

GENERALLY

          A term “refugee”, defined in various ways or have different meanings according to various reasons, some meanings of refugee given on the ground of political issues (asylum), but other meanings of a term refugee has been given on the bases of economic matters, which includes people who flee to alien for economic matters, and other definition show the qualification to be a refugee. All in all, a definition of a refugee can be given according to the circumstance exist in a specific time or place. This also include, things like culture and norms which may influence the rise of a new meaning of a refugee.

REFERENCE

BOOKS

African Exodus: Refugee Crisis, Human Rights and the 1969 OAU Convention, (Lawyers Committee on Human Rights: New York, 1995).

Arboleda, E. “Refugee Definition in Africa and Latin America: The Lessons of Pragmatism”(1991) 3 IJRL.

Atle Grahl-Madsen, Commentary on the Refugee Convention 1951, Articles 2 – 11, 13-37. (Division of International Protection of the United Nations High Commissioner for Refugees, 1997).

Awuku, E.O. “Refugee Movements in Africa and the OAU Convention on Refugees” (1996)

Journal of African Law 80Brownlie, I. Principles of Public International Law. 4thed., (Oxford: Clarendon Press, 1995).

Dadzie, Emmanual, Goran Melander and Peter Nobel, “Report of the Seminar Legal Aspects on the African Refugee Problem.”Goran Melander and Peter Nobel ed., African Refugees and the Law. (Sweden: Almqvist & Wiksell International, 1978).

ONLINE SOURCES

www.amnestyinternational.org

www.unhcr.com

www.migrants.com

www.refugees.com

CONVENTIONS

REFUGEES CONVENTION OF 1951

CONVENTION GOVERNING THE SPECIFIC ASPECTS OF REFUGEE PROBLEMS IN AFRICA 1969

CARTAGENA CONVENTION ON REFUGEES (1984)

---

[1] Refugee convention of 1951

[2] Protocol relating to the status of refugee, 1967

[3] A Russian refugee as defined in 1926

[4] Refugees Act of Tanzania, 1998

[5] Convention governing the specific aspects of refugee problems in Africa, 1969

[6] Cartagena declaration on refugees, 1984