Summary
This fact sheet from the Institute for Security Studies defines the legal status of refugees based on the 1951 Convention Relating to the Status of Refugees, outlines the roles of governments and the UNHCR in providing protection, and details the rights and obligations of refugees.
Key insights
- A refugee is defined as an individual outside their country of nationality who cannot or will not seek that country's protection due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a specific social group.
- While governments are responsible for the protection of refugees and must not forcibly return them to dangerous territories, the UNHCR supports this process by ensuring states act on their obligations and providing advice on status determination. The UNHCR is not a supranational organization and does not replace government responsibility.
- The UNHCR and regional instruments like the AU convention maintain that people fleeing war-related conditions, such as ethnic violence or famine, should be considered refugees if their state is unable or unwilling to protect them, regardless of whether the persecution originates from a state or non-state group.
- Refugees are entitled to safe asylum and basic rights equivalent to other legal foreign residents, including freedom of movement, freedom of thought, and freedom from torture. They should also have access to employment, education, and medical care.
- Refugees have a legal obligation to follow the laws and regulations of the country providing them asylum.
Cite the original document
- APA
- Institute for Security Studies (2005). Who is a refugee? https://issafrica.org/topics/conflict-prevention-and-analysis/01-sep-2005-a-place-to-call-home-forced-repatriation-of-refugees-in-rwanda-mariam-jooma
- Chicago
- Institute for Security Studies. Who is a refugee? 2005. https://issafrica.org/topics/conflict-prevention-and-analysis/01-sep-2005-a-place-to-call-home-forced-repatriation-of-refugees-in-rwanda-mariam-jooma.
- Wikipedia
- {{cite report |author=Institute for Security Studies |title=Who is a refugee? |date=1 September 2005 |url=https://issafrica.org/topics/conflict-prevention-and-analysis/01-sep-2005-a-place-to-call-home-forced-repatriation-of-refugees-in-rwanda-mariam-jooma |access-date=17 August 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{instituteforsecuritystudies2005who, author = {{Institute for Security Studies}}, title = {{Who is a refugee?}}, institution = {Institute for Security Studies}, year = {2005}, month = sep, url = {https://issafrica.org/topics/conflict-prevention-and-analysis/01-sep-2005-a-place-to-call-home-forced-repatriation-of-refugees-in-rwanda-mariam-jooma}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }
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