West fails to live up to UN refugee convention pledge

There are a total of 43.7 million displaced worldwide, the highest number in 15 years. Four in five are hosted by developing countries, pointing to an globally unfair and uneven response to these men, women and children in need of welcome, care and security. These are just statistics, but they are disturbing. Statistics hide the faces, the stories, the pain and the hopes of the millions currently living on ‘borrowed land’ at the whim of foreign governments.

Monday, June 20^th marks the 60^th anniversary of the UN Convention Relating to the Status of Refugees. In response to the horrors of World War II, nearly 60 years ago the UN family of nations took the first concrete steps towards the construction of a global system of refugee protection. Marking the UN World Refugee Day June 20^th, JRS International Director, Peter Balleis SJ says “The 1951 UN refugee convention is the cornerstone of international protection. The safety offered to millions of men, women and children, and the opportunity to rebuild their lives in dignity, is a clear testimony to its importance”.

“So much has been done since the UN Convention Relating to the Status of Refugees, but there is still ample room for improvement”, states James Stapleton, International Communications Coordinator for the Jesuit Refugee Service, which is at the forefront of helping millions of men, women and children worldwide.

In response to the horrors of World War II, nearly 60 years ago the UN family of nations took the first concrete steps towards the construction of a global system of refugee protection. Marking the UN World Refugee Day June 20^th, JRS International Director, Peter Balleis SJ says “The 1951 UN refugee convention is the cornerstone of international protection. The safety offered to millions of men, women and children, and the opportunity to rebuild their lives in dignity, is a clear testimony to its importance”.

Most significant has been the establishment of a refugee definition centred on an individual’s fear of persecution as a cause of flight, rather than focusing on a particular situation. Equally important was the introduction of a universal obligation to provide limited, but important forms of assistance to refugees, including, most significantly, the obligation never to return refugees to places where they would risk persecution.

Nevertheless, too many governments still ignore key convention principles – seen as politically inconvenient or financially burdensome. Refugees are frequently confined to remote camps or unjustly detained in violation of their right to freedom of movement. Likewise, they are unjustly denied documentation, the right to work, and access to essential services. Increasingly states limit access to their territories and fail to provide asylum seekers with access to fair refugee determination procedures.

“If the convention were fully implemented, both in letter and spirit, the lives of many refugees fleeing Libya across the Mediterranean, Somalis fleeing to Kenya and countless others could be protected and sometimes even saved. Protection from human rights violations is the birthright of all of us”, Fr Balleis continued.

While the scope of the convention’s definition falls short of the more expansive one used by JRS, which includes forced migrants displaced by generalised conflict, economic injustice and environmental disasters, its interpretation has nonetheless evolved over time. In recent years, the convention has proved responsive to emerging needs by broadening the refugee definition to include new groups such as victims of sexual violence, and persecution by non-state actors like rebel groups and militias.

“In places like the Democratic Republic of Congo, where rape is rampant, thousands of women have been forcibly displaced. The recognition of sexual violence as a form of persecution has not only allowed them to be granted legal protection, it has also pushed organisations to establish programmes to meet their specific needs”, added Fr Balleis.

Next December, the UN refugee agency (UNHCR) will convene a meeting of governments in which it will ask each state to pledge: the adoption of one substantive measure to improve refugee protection. JRS urges governments to take this challenge seriously. While there is much to celebrate this year, there is still ample room for improvement. Listen to Emer McCarthy’s full interview with James Stapleton: