Compare and contrast the refugee definition under the 1951 Refugee Convention with other relevant regional or national definitions. Highlight any variations or additional criteria that different legal instruments have introduced.

 

THE CONVENTION RELATING TO THE STATUS OF REFUGEES

Article 1(A) (2) of the 1951 Convention relating to the Status of Refugees[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) such as 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.

The 1951 Convention, alongside its 1967 Protocol[2], lays down strict criteria defining who can be recognized as a refugee. Central to this recognition is the requirement of a well-founded fear of persecution. Individuals seeking refugee status must demonstrate this fear based on specific grounds: race, religion, nationality, membership in a particular social group, or political opinion. This criterion sets a high threshold, ensuring that only those facing genuine threats to their safety and freedoms due to these reasons are considered eligible for refugee status. Furthermore, the convention necessitates that the individual be outside their country of nationality to seek refuge. This condition implies that seeking refugee status while within one’s country of origin doesn’t fall within the scope of the convention. Moreover, it requires that the individual is unable or unwilling to avail themselves to the protection of their country of nationality due to the well-founded fear of persecution.

The scope of the convention extends to include those who are stateless, who, by virtue of events causing fear of persecution, find themselves outside their former habitual residence. For this kind of individuals without a nationality, the convention allows for recognition as refugees if they demonstrate an inability or unwillingness to return to their former residence due to the fear of persecution. Conversely, individuals who fail to meet these criteria, such as those facing general hardships or economic difficulties without a basis of persecution as outlined in the convention, would not qualify as refugees under this legal framework. The convention serves as a vital guide in international refugee law, delineating the rights of refugees and the corresponding legal obligations of nations to ensure their safety and protection. Its provisions establish a framework aimed at safeguarding individuals fleeing persecution, ensuring they are not forcibly returned to situations that endanger their lives or freedoms[3].

REFUGEES ACT OF TANZANIA

As per 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[5].

REFUGEES ACT vs THE CONVENTION RELATING TO THE STATUS OF REFUGEES

The definitions of a refugee within the 1951 Convention relating to the Status of Refugees and the Refugees Act of Tanzania share foundational elements but also present variations and additional criteria. Both definitions prioritize the core concept of a well-founded fear of persecution based on identifiable grounds such as race, religion, nationality, membership in a particular social group, or political opinion. However, the Refugees Act of Tanzania expands the scope of potential refugee status by incorporating broader circumstances under which individuals might seek refuge. It encompasses scenarios involving external aggression, occupation, foreign domination, or events significantly disrupting public order within part or the entirety of the country of origin. This broader range of causes acknowledges situations beyond individual persecution, encompassing broader conflicts or societal disruptions that compel individuals to seek safety outside their home countries.

In contrast, the 1951 Convention emphasizes a more specific and narrowly defined set of grounds for persecution, focusing primarily on personal attributes or beliefs. The convention’s criteria are more narrowly tailored to protect individuals facing persecution due to race, religion, nationality, social group, or political opinion. This specificity ensures a clear and universally applicable standard for identifying those in need of international protection.

CONCLUSION

Therefore, while both the international convention and the Tanzanian Refugees Act converge on the fundamental principles of fear of persecution and the inability to seek protection, the Tanzanian legislation expands the criteria to include broader circumstances and introduces a specific governmental declaration mechanism not explicitly outlined in the international convention. These variations showcase the Tanzanian Act’s efforts to address a wider range of situations leading to displacement and to provide a more direct means of official recognition within its legal framework.

Expanding the protection of refugees necessitates a balanced approach that combines global standards. Aligning national definitions with international conventions, such as the 1951 Refugee Convention, establishes a common ground built on fundamental principles of persecution based on race, religion, nationality, social group, or political opinion. This alignment ensures clarity and consistency in identifying and safeguarding refugees, fostering a unified understanding across borders. At the same time, acknowledging the diverse causes of displacement, as illustrated in the Tanzanian Refugees Act, is crucial. Extending criteria to encompass broader circumstances like conflict, public disorder, or external aggression allows for a more inclusive approach to refugee protection. By recognizing these varied contexts, nations can adapt their frameworks to better address the complex realities faced by displaced individuals, offering comprehensive assistance to those in need.

 

 

 

BIBLIOGRAPHY

BOOKS

Elise G, “What Is a Refugee?”.

 

CONVENTIONS

UN General Assembly, Convention Relating to the Status of Refugees, 28 July 1951, United Nations, Treaty Series, vol. 189, p. 137, available at: https://www.refworld.org/docid/3be01b964.html [accessed 3 December 2023]

UN General Assembly, Protocol Relating to the Status of Refugees, 31 January 1967, United Nations, Treaty Series, vol. 606, p. 267, available at: https://www.refworld.org/docid/3ae6b3ae4.html [accessed 3 December 2023]

 

STATUTES

Refugees Act, No. 9 of 1998

 

WEB-SOURCES

Tanzanianweb, “Meanings of a term "refugee" as given by different sources” <https://shorturl.at/fiuGS> Accessed December 3, 2023

 

 

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[1] UN General Assembly, Convention Relating to the Status of Refugees, 28 July 1951, United Nations, Treaty Series, vol. 189, p. 137, available at: https://www.refworld.org/docid/3be01b964.html [accessed 3 December 2023]

[2] UN General Assembly, Protocol Relating to the Status of Refugees, 31 January 1967, United Nations, Treaty Series, vol. 606, p. 267, available at: https://www.refworld.org/docid/3ae6b3ae4.html [accessed 3 December 2023]

[3] Elise G, “What Is a Refugee?”.

[4] Refugees Act, No. 9 of 1998

[5] Tanzanianweb, “Meanings of a term "refugee" as given by different sources” <https://shorturl.at/fiuGS> Accessed December 3, 2023