Context: Indira Jaising, the former Additional Solicitor General of India, suggested that instead of the Citizenship Amendment Act (CAA), India could have chosen to sign the Geneva Convention on Refugees to demonstrate its commitment to safeguard the persecuted minorities.
The Convention Relating to the Status of Refugees (1951 Refugee Convention or the Geneva Convention of 28 July 1951)
- It is a United Nations multilateral treaty that defines who a refugee is and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum.
- It sets out which people do not qualify as refugees, such as war criminals.
- It provides for some visa-free travel for holders of refugee travel documents issued under the convention.
- The 1951 Refugee Convention and its 1967 Protocol are the key legal documents which defines the term 'refugee' and outline their rights and the international standards of treatment for their protection. UNHCR serves as the ‘guardian’ of these documents.
- The core principle of the 1951 Convention is non-refoulement, which asserts that a refugee should not be returned to a country where they face serious threats to their life or freedom.
Rights contained in the 1951 Convention include:
- The right not to be expelled, except under certain, strictly defined conditions
- The right not to be punished for irregular entry into the territory of a contracting State
- The right to non-discrimination
- The right to decent work
- The right to housing, land and property, including intellectual property
- The right to education
- The right to freedom of religion
- The right to access to justice
- The right to freedom of movement within the territory
- The right to be issued civil, identity and travel documents
- The right to social protection
Exceptions: The 1951 Convention only protects persons who meet the criteria for refugee status. Certain categories of people are considered not to deserve refugee protection and should be excluded from such protection.
This includes persons for whom there are serious reasons to suspect that: they have committed a crime against peace, a war crime, or a crime against humanity; they have committed a serious non-political crime outside their country of refuge prior to the admission to that country as a refugee; orthey are guilty of acts contrary to the purposes and principles of the United Nations.
