THE REFUGEE CONVENTION OF 1951 AND ITS CHALLENGES: A CRITIQUE

Abstract

This article appraised the Refugee Convention of 1951 with particular response to its challenges. The Refugee Convention has created a system for providing protection to people at risk of persecution in their own countries. The Convention relating to the Status of Refugees (the Refugee Convention) 1951 together with its Protocol remains the foundation of the international refugee protection regime and the only truly universal instrument determining the minimum standards for refugee protection. This article has examined its provisions and found that it is inadequate in meeting the protection needs of refugees. It was recommended inter alia: the Refugee Convention should be amended to cover a wider category of refugees; another supervisory body with the power to authoritatively interpret the provisions of Refugee Convention should be agreed upon by States so as to ensure proper oversight of the application of the Convention; the burden allocation structure under the Refugee Convention needs to be addressed; There needs to be an international response. This structure could allocate the financial responsibilities to some states and hosting responsibilities to others in the region of the country of origin, or could allow for a swift resettlement of refugees on other States until they can return home; and States should garner the political will to fully implement the provisions of the Convention avoiding the use of restrictive policies so as to enable refugees have access to their territories, and also to reach agreements on the issues of concern in the Convention.