BACKGROUND GUIDE
UNITED NATIONS HUMAN
RIGHTS COUNCIL
Agenda: Addressing the global refugee
crisis and ensuring their rights and
protection.
BACKGROUND
GUIDE
About the committee:
The United Nations Human Rights Council (UNHRC) is a subsidiary body of the
United Nations General Assembly, established in 2006 to promote and protect
human rights around the world. Composed of 47 member states elected by the
General Assembly, the UNHRC is tasked with addressing human rights
violations, conducting country reviews, and making recommendations for action.
It meets regularly in Geneva, Switzerland, to discuss pressing human rights
issues and to formulate responses and recommendations. The council works to
ensure that human rights are upheld universally, regardless of political, social, or
cultural differences, and plays a crucial role in monitoring and advancing the
global human rights agenda.
BASIC
INTRODUCTION
Are the terms ‘refugee’ and ‘migrant’ interchangeable?
No. Although it is becoming increasingly common to see the terms 'refugee' and 'migrant' used
interchangeably in media and public discussions, there is a crucial legal difference between the
two. Confusing them can lead to problems for refugees and asylum-seekers, and for States
seeking to respond to mixed movements, as well asto misunderstandings in discussions of
asylum and migration.
What is unique about refugees?
Refugees are specifically defined and protected in international law. Refugees are
people outside their country of origin because of feared persecution, conflict,
violence, or other circumstances that have seriously disturbed public order, and who,
as a result, require
‘international protection’. Their situation is often so perilous and intolerable, that they cross
national borders to seek safety in nearby countries, and thus become internationally recognized
as ‘refugees’ with access to assistance from states, UNHCR, and relevant organizations. They
are so recognized precisely because it is too dangerous for them to return home, and they
therefore need sanctuary elsewhere. These are people for whom denial of asylum has
potentially deadly consequences.
How are refugees protected under international law?
The specific legal regime protecting the rights of refugees is referred to as ‘international refugee
protection’. The rationale behind the need for this regime lies in the fact that refugees are
people in a specific predicament which calls for additional safeguards. Asylum-seekers and refugees
lack the protection of their own country. Article 14 of the Universal Declaration of Human Rights
asserts the right of everyone to seek and enjoy asylum. However, no clear content was given to the
notion of asylum at the international level until the 1951 Convention related to the Status of
Refugees *the ‘1951 Convention’+ was adopted, and UNHCR was tasked to supervise its
implementation. The 1951 Convention and its 1967 Protocol, as well as regional legal instruments,
such as the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, are
the cornerstone of the modern refugee protection regime. They set forth a universal refugee
definition and incorporate the basic rights and obligations of refugees. The provisions of the 1951
Convention remain the primary international standard against which any measures for the protection
and treatment of refugees are judged. Its most important provision, the principle of non-refoulement
(meaning no forced returns) contained in Article 33, is the bedrock of the regime. According to this
principle, refugees must not be expelled or returned to situations where their life or freedom would
be under threat. States bear the primary responsibility for this protection. UNHCR works closely with
governments, advising and supporting them as needed, to implement their responsibilities.
Does the 1951 Convention need to be revisited?
The 1951 Convention and its 1967 Protocol have saved millions of lives and are among the key human
rights instruments that we rely upon today. The 1951 Convention is a milestone of humanity developed
in the wake of massive population movements that exceeded even the magnitude of what we see now.
At its core, the 1951 Convention embodies fundamental humanitarian values. It has clearly
demonstrated its adaptability to changing factual circumstances, being acknowledged by courts as a
living instrument capable of affording protection to refugees in a changing environment. The greatest
challenge to refugee protection is most certainly not the 1951 Convention itself but rather ensuring
that states comply with it. The real need is to find more effective ways to implement it in a spirit of
international cooperation and responsibility-sharing.
Can ‘migrant’ be used as a generic term to also cover
refugees?
A uniform legal definition of the term ‘migrant’ does not exist at the international level. Some
policymakers, international organizations, and media outlets understand and use the word ‘migrant’
as an umbrella term to cover both migrants and refugees. For instance, global statistics on
international migration typically use a definition of ‘international migrant’ that would include
many asylum-seekers and refugees. In public discussion, however, this practice can easily lead to
confusion and can also have serious consequences for the lives and safety of refugees. ‘Migration’ is
often understood to imply a voluntary process, for example, someone who crosses a border in search
of better economic opportunities. This is not the case for refugees, who cannot return home safely,
and accordingly are owed specific protections under international law. Blurring the terms ‘refugees’
and ‘migrants’ takes attention away from the specific legal protections refugees require, such as
protection from refoulement and from being penalized for crossing borders without authorization in
order to seek safety. There is nothing illegal about seeking asylum – on the contrary, it is a universal
human right. Conflating ‘refugees’ and ‘migrants’ can undermine public support for refugees and the
institution of asylum at a time when more refugees need such protection than ever before. We need
to treat all human beings with respect and dignity. We need to ensure that the human rights of
migrants are respected. At the same time, we also need to provide an appropriate legal and
operational response for refugees, because of their particular predicament, and to avoid diluting
state responsibilities towards them. For this reason, UNHCR always refers to ‘refugees’ and
‘migrants’ separately, to maintain clarity about the causes and character of refugee movements and
not to lose sight of the specific obligations owed to refugees under international law.
Do all migrants really always ‘choose’ to migrate?
The factors leading people to move can be complex. Often the causes are multi-faceted. Migrants
may move across international borders to improve their lives by finding work, or in some cases for
education, family reunion, or other reasons. People may also move to alleviate significant hardships
that arise from natural disasters, famine, or extreme poverty. Those who leave their countries for
these reasons would not usually be considered refugees under international law.
Don’t migrants also deserve protection?
The reasons why migrants may leave their countries are often compelling, and finding ways to meet
their needs and protect their human rights is important. Migrants—including those in irregular
situations—are protected by international human rights law. This protection derives from their
fundamental dignity as human beings. For some, failure to accord them human rights protection can
have serious consequences. It may result in human rights violations, such as serious discrimination;
arbitrary arrest or detention; or forced labor, servitude, or highly exploitative working conditions. In
addition, some migrants, such as unaccompanied or separated migrant children, or migrants who
become victims of trafficking or are otherwise in a situation of vulnerability, may have specific needs
for assistance, and have the right to have those needs met. UNHCR fully supports approaches to
migration management that respect the human rights of all people on the move.
Are refugees ‘forced migrants’?
The term ‘forced migration’ is sometimes used by social scientists and others as a general, open-
ended term that covers many kinds of displacement or involuntary movement—both across
international borders and inside a single country. For example, the term has been used to refer to
people who have been displaced by environmental disasters, conflict, famine, or
large-scale development projects. ‘Forced migration’ is not a legal concept, and similar to the concept
of ‘migration’, there is no universally accepted definition. It covers a wide range of phenomena.
Refugees, on the other hand, are clearly defined under international and regional refugee law, and
states have agreed to a well-defined and specific set of legal obligations towards them. Referring to
refugees as ‘forced migrants’ shifts attention away from the specific needs of refugees and from the
legal obligations the international community has agreed upon to address them. To prevent confusion,
UNHCR avoids using the term ‘forced migration’ to refer to refugee movements and other forms of
displacement.
So what is the best way to refer to mixed groups of people on
the move that include both refugees and migrants?
UNHCR’s preferred practice is to refer to groups of people traveling in mixed movements as ‘refugees
and migrants’. This is the best way to allow for acknowledgment that all people on the move have
human rights which should be respected, protected, and fulfilled; and that refugees and asylum-
seekers have specific needs and rights which are protected by a particular legal framework.
Sometimes in policy discussions, phrases like ‘mixed movements’, ‘mixed flows’, or ‘composite
movements’ are used to refer to the phenomenon of refugees and others on the move (including
migrants, who may be in situations of vulnerability) traveling side-by-side along the same routes, using
the same facilitators. ‘Mixed migration’ has also been used this way but has sometimes been a source
of confusion and is best avoided. The term ‘mixed migrant’,
which has been used by some as a shorthand way of referring to a person traveling in a mixed
movement whose individual status is unknown or who may have multiple, overlapping reasons for
moving, is unclear. It can cause confusion and mask the specific needs of refugees and migrants. It is
not recommended.
What about refugees who leave one host country and enter another?
Aren’t they actually best described as ‘migrants’ if they travel onward
from the first country they stayed in?
A refugee does not cease to be a refugee or become a ‘migrant’ simply because they leave one host
country to travel to another. A person is a refugee because of the lack of protection by their country of
origin. Moving to a new country of asylum does not change this, so it does not affect a person’s status
as a refugee. A person who meets the criteria for refugee status remains a refugee, regardless of the
particular route they travel in search of protection or opportunities to rebuild their life, and regardless
of the various stages involved in that journey.
NON-REFOULEMENT OBLIGATIONS UNDER
INTERNATIONAL LAW
The Principle of Non-Refoulement Under International Refugee Law
The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. The principle of
non-refoulement constitutes the cornerstone of international refugee protection. It is enshrined in
Article 33 of the 1951 Convention, which is also binding on States Party to the 1967 Protocol.
Article 33(1) of the 1951 Convention provides: “No Contracting State shall expel or return
(“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his [or her]
life or freedom would be threatened on account of his [or her] race, religion, nationality, membership of a
particular social group or political opinion.”
The protection against refoulement under Article 33(1) applies to any person who is a refugee under the
terms of the 1951 Convention.
The principle of non-refoulement applies not only to recognized refugees but also to those who have not
had their status formally declared.
The non-refoulement obligation under Article 33 of the 1951 Convention is binding on all organs of a State
party to the 1951 Convention and/or the 1967 Protocol as well as any other person or entity acting on its
behalf.
Exceptions to the principle of non-refoulement under the 1951 Convention are permitted only in the
circumstances expressly provided for in Article 33(2).
The provisions of Article 33(2) of the 1951 Convention do not affect the host State’s non-refoulement
obligations under international human rights law, which permit no exceptions. Within the framework of
the 1951 Convention/1967 Protocol, the principle of non-refoulement constitutes an essential and non-
derogable component of international refugee protection. States’ non-refoulement obligations with
respect to refugees are also found in regional treaties, notably the 1969 OAU Convention Governing
Specific Aspects of Refugee Problems in Africa and the 1969 American Convention on Human Rights.
Non-Refoulement of Refugees Under Customary
International Law
Article 38(1)(b) of the Statute of the International Court of Justice lists “international custom, as
evidence of a general practice accepted as law,” as one of the sources of law.
UNHCR is of the view that the prohibition of refoulement of refugees, as enshrined in Article 33 of the
1951 Convention and complemented by non-refoulement obligations under international human
rights law, satisfies these criteria and constitutes a rule of customary international law.
In a Declaration adopted at the Ministerial Meeting of States Parties of 12–13 December 2001, the
States party to the 1951 Convention and/or 1967 Protocol acknowledged “…the continuing
relevance and resilience of this international regime of rights and principles, including at its core the
principle of non-refoulement, whose applicability is embedded in customary international law.”
Non-Refoulement Obligations Under International Human
Rights Law
International Human Rights Treaties
Non-refoulement obligations complementing the obligations under the 1951 Convention have
also been established under international human rights law.
An explicit non-refoulement provision is contained in Article 3 of the 1984 Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Obligations under the 1966 Covenant on Civil and Political Rights, as interpreted by the Human
Rights Committee, also encompass the obligation not to extradite, deport, expel or otherwise
remove a person from their territory.
The prohibition of refoulement to a country where the person concerned would face a real risk of
irreparable harm such as violations of the right to life or the right to be free from torture or cruel,
inhuman or degrading treatment or punishment extends to all persons who may be within a
State’s territory or subject to its jurisdiction, including asylum seekers and refugees.
Human Rights-Based Non-Refoulement Obligations
Under Customary International Law
The prohibition of torture is also part of customary international law, which has attained the rank of a
peremptory norm of international law, or jus cogens.
Under the above-mentioned obligations, States have a duty to establish, prior to implementing any
removal measure, that the person whom it intends to remove from their territory or jurisdiction would not
be exposed to a danger of serious human rights violations such as those mentioned above. If such a risk
exists, the State is precluded from forcibly removing the individual concerned.
CURRENT SITUATION
At the end of 2022, 108.4 million peopleworldwide were forcibly displaced as a result
of persecution, conflict, violence, human rights violations and events seriously
disturbing public order.
This represents an increase of 19 million people compared to the end of 2021 – more
than the populations of Ecuador, the Netherlands (Kingdom of the) or Somalia. It is also
the largest ever increase between years according to UNHCR’s statistics on forced
displacement.
More than 1 in every 74 people on Earth has been forced to flee.
1980: 1.3 million Afghans and 1.6 million Ethiopians were forced to flee to
neighbouring countries.
1991: 1.4 million Iraqis fled to the Islamic Republic of Iran.
1994: 2.3 million Rwandans fled to neighbouring countries.
1999: Almost one million people fled Serbia and Kosovo: S/RES/1244 (1999).
2014: 1.7 million Syrians fled their country.
2018: 3.2 million people fled Venezuela and the Syrian Arab Republic.
2022: 5.7 million people fled Ukraine and 4.4 million other nationalities, primarily
Afghans and Venezuelans, also fled their countries.
The number of refugees worldwide increased from 27.1 million in 2021 to 35.3 million
at the end of 2022, the largest yearly increase ever recorded, according to UNHCR’s
statistics on forced displacement. The increase was largely due to refugees from
Ukraine fleeing the international armed conflict in their country. Overall, 52 per cent of
all refugees and other people in need of international protection came from just three
countries: the Syrian Arab Republic (6.5 million), Ukraine (5.7 million) and Afghanistan
(5.7 million).
Most people who are forced to flee never cross an international border, remaining
displaced within their own countries. Known as internally displaced people, or IDPs,
they account for 58 per cent of all forcibly displaced people. The largest number of
people displaced within their own country was 6.8 million in Syria, consistent with the
end of the previous year. This means that 1 in 3 of all Syrians remaining within their
country were still internally displaced at the end of 2022, after more than a decade of
conflict.
In addition to conflict and violence, people were displaced within their countries due to
disasters. During the year, 32.6 million internal displacements due to disasters were
reported, with 8.7 million people remaining displaced at the end of 2022, according to
the Internal Displacement Monitoring Centre. Disaster related internal displacement
accounted for more than half (54 per cent) of all new displacements in 2022.
Flows of refugees, people in refugee-like situations and other people in need of
international protection from their region of origin to their region of asylum | 1975
– 2022.
In the year 2022, the global refugee population exceeded 30 million, marking a
disconcerting escalation in the ongoing humanitarian crisis. By mid-2023, the United
Nations High Commissioner for Refugees (UNHCR) reported that the total number of
displaced individuals had reached 100 million, constituting over 1.2% of the world's
population. Among them, 30.51 million were identified as refugees, with more than half
originating from just three countries.
This surge in displacement underscores the severity of circumstances compelling
individuals to abandon their homes. The ensuing decade has witnessed a more than
twofold increase in the global refugee crisis. Each numerical statistic encapsulates the
poignant reality of an individual forcibly severed from their life due to uncontrollable
factors.
Presented here are the ten most significant refugee crises of 2023, based on UNHCR
data and focusing specifically on refugees categorized by their country of origin. The
following enumeration delves into each situation, highlighting the profound challenges
faced by those affected.
Arranged in ascending order, the following paragraphs outline the refugee situations in
the ten countries, with Syria listed first:
1. Syria
As of mid-2023, Syria remains at the forefront of the world's largest refugee crisis, with
6.49 million Syrians seeking refuge primarily in Lebanon, Jordan, Iraq, Egypt, and
Turkey. Concern has been actively responding to the Syrian crisis since 2013, operating
both locally and within refugee communities in Turkey and Lebanon, and since 2019, in
Iraq.
2. Afghanistan
The ongoing crises in Afghanistan have propelled it to become a top country of origin
for refugees, with over 6.1 million Afghans internationally displaced. Concern, present
in Afghanistan for over two decades, has been designated the UN's partner for
emergency response in the northeastern region.
3. Ukraine
Escalated conflict in Ukraine since February 2022 has led to a humanitarian crisis,
displacing over 5.8 million refugees in the last two years. Concern's response has been
focused on addressing the critical humanitarian needs in Ukraine and neighboring host
communities.
4. South Sudan
The world's youngest nation, South Sudan, confronts one of the largest refugee crises,
with over 4 million displaced, including 2.2 million leaving the country. Concern has
been engaged in addressing humanitarian needs and pressures generated by
widespread displacement since the nation's independence in 2011.
5. Bangladesh
Since August 2017, over 1 million stateless Rohingya have fled violence in Myanmar,
making up the majority of the 1.26 million refugees displaced from Myanmar over the
last six years. Safety concerns persist in Cox's Bazar, the world's largest refugee camp in
Bangladesh.
6. Sudan
Throughout 2023, Sudan witnessed a deterioration in conditions, with the number of
Sudanese refugees surpassing 1.02 million. Concern, with a presence in Sudan for 35
years, responds to the escalated crisis in both Sudan and neighboring Chad.
7. Democratic Republic of Congo
The Democratic Republic of Congo remains ensnared in one of the world's largest
"forgotten" humanitarian crises, with a staggering 6.1 million people displaced,
including 1 million seeking asylum outside the country. The DRC also serves as a
substantial host community for refugees from neighboring nations.
8. Somalia
Despite a recent decline in the number of Somali refugees globally, the protracted
cycle of crisis in Somalia has led to a resurgence, with over 814,000 refugees reported
as of mid-2023. Drought, conflict, and hunger have created dire circumstances,
necessitating sustained efforts for recovery.
9. Central African Republic
Persisting for over a decade, a humanitarian crisis in the Central African Republic has
largely escaped mainstream western media attention. In 2023, over 750,000 Central
Africans were registered as refugees, with additional thousands displaced internally,
amplifying the dangers of residing in the country.
10. Eritrea
As of mid-2023, over 537,000 Eritreans, constituting nearly 15% of the country's
population, have been displaced abroad due to persistent violence and political
instability—a rise of approximately 36,000 individuals compared to 2022.
LEGAL FRAMEWORK:
The Refugee Convention of 1951 and its 1967 Protocol are pivotal
international agreements aimed at safeguarding the rights and well-being of
refugees worldwide. The convention defines a refugee as someone with a
well-founded fear of persecution due to race, religion, nationality, membership
in a particular social group, or political opinion. It establishes the principle of
non - refoulement, prohibiting the return of refugees to countries where they
face persecution. The convention outlines rights for refugees, including
access to courts, education, and employment opportunities. States parties to
the convention are obligated to cooperate with international bodies like the
UNHCR to provide assistance and protection to refugees.
The 1967 Protocol expanded the convention's scope by removing temporal
and geographic limitations, making it applicable to all refugee situations
regardless of time or location. This allowed for a more inclusive approach to
refugee protection globally. The protocol also encouraged universalization by
permitting any state to accede to the convention, regardless of whether they
were party to the original 1951 agreement. By maintaining key provisions and
principles while expanding coverage, the convention and its protocol have
played a crucial role in promoting international cooperation, providing legal
frameworks for refugee protection, and upholding the rights and dignity of
displaced persons worldwide.
Refugee Convention of 1951:
Definition of a Refugee: The convention defines a refugee as someone unable
or unwilling to return to their home country due to a well-founded fear of being
persecuted for reasons of race, religion, nationality, membership of a
particular social group, or political opinion.
Non-refoulement Principle: This principle prohibits states from returning
refugees to countries where their lives or freedom would be threatened. It's a
fundamental aspect of refugee protection, ensuring that individuals are not
forced back into dangerous situations.
Rights and Protections: The convention outlines various rights and protections
for refugees, including access to courts, education, and the opportunity to
work. It also emphasizes the importance of providing documentation and
travel documents to refugees.
Responsibilities of States: States that are parties to the convention have
obligations to cooperate with international organizations like the UNHCR
(United Nations High Commissioner for Refugees) in providing assistance and
protection to refugees. They are also expected to facilitate the assimilation
and naturalization of refugees.
1967 Protocol:
Expansion of Scope: The 1967 Protocol removed the temporal and
geographic limitations of the original convention, extending its coverage
beyond the events of World War II and Europe. This expansion allowed for a
more inclusive approach to protecting refugees globally.
Universalization: The protocol opened the convention for accession by any
state, regardless of whether they were party to the original 1951 convention.
This move aimed to encourage more countries to commit to refugee
protection and uphold international solidarity in addressing refugee crises.
Continuation of Key Provisions: The protocol maintained the core principles
and provisions of the 1951 convention, including the definition of a refugee,
the principle of non-refoulement, and the rights and responsibilities outlined
for states.
Significance:
Humanitarian Impact: The convention and its protocol have had a profound
humanitarian impact by establishing a legal framework for protecting the rights
of refugees and providing them with essential assistance and support.
International Cooperation: These instruments promote international
cooperation and solidarity in addressing refugee crises, emphasizing the
shared responsibility of states in protecting vulnerable populations.
Legal Framework for Protection: By setting out clear definitions, rights, and
responsibilities, the convention and protocol provide a crucial legal framework
for ensuring the protection and well-being of refugees, as well as guiding the
actions of states and international organizations in their response to refugee
situations.
POSSIBLE ISSUES TO DISCUSS
Protection of Refugees' Rights: Ensuring that refugees have access to basic
human rights, including the right to life, freedom from torture, access to
education, healthcare, and the right to work.
Non-discrimination and Equality: Addressing discrimination and xenophobia
faced by refugees, particularly regarding access to asylum procedures,
education, employment, and housing.
Child Protection: Discussing measures to protect refugee children from
exploitation, trafficking, and other forms of abuse. Ensuring access to
education and healthcare for refugee children is also crucial.
Gender-Based Violence: Addressing the heightened risks of gender-based
violence faced by refugee women and girls, including sexual assault, domestic
violence, and exploitation.
Refugee Integration and Social Inclusion: Promoting policies and programs
that support the integration and social inclusion of refugees into host
communities, including access to education, employment, and social services.
Humanitarian Assistance and Resettlement: Discussing the need for
increased humanitarian assistance to countries hosting large numbers of
refugees and exploring mechanisms for the safe and dignified resettlement of
refugees in third countries.
State Responsibility and Burden-Sharing: Encouraging states to uphold their
responsibilities under international law to protect refugees and share the
burden of refugee protection and assistance more equitably.
Addressing Root Causes of Forced Displacement: Exploring strategies to
address the root causes of forced displacement, including conflict,
persecution, human rights violations, poverty, and environmental factors.
Legal and Policy Frameworks: Discussing the importance of strengthening
legal and policy frameworks at the national and international levels to better
protect the rights of refugees and ensure their access to asylum procedures
and legal assistance.
Role of UNHCR and Other Stakeholders: Examining the role of UNHCR and
other relevant stakeholders in responding to the refugee crisis, including
coordination of humanitarian assistance, advocacy for refugee rights, and
capacity-building for host countries.
Articles for further
research:
https://www.unhcr.org/in/
https://www.unhcr.org/refugees
https://www.ohchr.org/en/instruments-
mechanisms/instruments/convent ion-relating-status-refugees
https://refugeesmigrants.un.org/definitions
https://unis.unvienna.org/unis/en/topics/refugees-migration.html
https://www.iom.int/global-compact-migration
