Is the UN Refugee Convention still relevant?
The UN Refugee Convention was signed on 28 July 1951. Seventy-five years later the world has dramatically changed. Three researchers reflect on the significance of the convention and the challenges that lie ahead.
The UN Refugee Convention determines who is recognised as a refugee, what rights and protection this entails and what obligations countries have towards refugees. Three researchers explain, from their own perspectives, the significance of this treaty from 1951 and whether it is fit for the future.
Paper promises
‘The problem nowadays is not the Refugee Convention itself but the way countries implement it. And the terms migrant, asylum seeker and refugee are often used interchangeably in public and political debate, even though they refer to very different groups. We are increasingly seeing states undermine international agreements, for example through pushbacks at sea or by using refugees as a geopolitical bargaining tool. This has created a gap between the legal standards countries have committed to and the way they apply them in practice. Some researchers call this “organised hypocrisy”.
At the same time, the Refugee Convention demonstrates how resilient international cooperation can be. No single country has withdrawn from the convention. What is more, the United States and the European Union remain the UNHCR’s largest funders. States continue to support the convention because they know that protecting refugees is ultimately a collective endeavour that no single country can achieve alone. As far as I’m concerned, the future of the convention lies in better implementation and enforcement. And if we do amend it, I would advocate expanding it to protect people who have to leave their homes as a result of climate change. The challenges have changed since 1951, which means we need stronger international agreements now more than ever.’
Sarah Wolff, Professor of International Studies and Global Politics
Reading tip: The New Pact on Migration: Embedded Illiberalism? (Wiley Online Library)
Old doesn’t mean outdated
‘The Refugee Convention has achieved a great deal. It remains the foundation of international protection for people fleeing persecution. Precisely because it has been interpreted through case law over the years and incorporated into national, European and international legislation, it has kept pace with the times. As a result, it also provides protection in situations that were barely considered in 1951, such as persecution on the grounds of sexual orientation or gender identity.
Obviously the convention has its limitations and aspects of it can be criticised, but the problems we’re seeing today are not because the treaty is outdated. They stem from the way states deal with it. That’s why I don’t believe that a fundamental overhaul is the solution. What I hope for is an honest and well-informed debate that leads to reforms which are legally and practically feasible.
Asylum law is too much of an all-or-nothing system. This places it under constant political and societal pressure. We need to make a clearer distinction between people who need protection and people who wish to migrate for other reasons. If countries of origin cooperate in taking back their own nationals, you can offer something in return. For instance, more opportunities to obtain a work or study visa. This would maintain support for the Refugee Convention while preserving protection for those who need it most.’
Mark Klaassen, Assistant Professor at the Europa Institute and the Department of Child Law
Reading tip: Interpretatie en implementatie van de Terugkeerrichtlijn (WODC)
Contact creates acceptance
‘Research has shown that resistance towards refugees is linked to prejudice, fear, dehumanisation and a lack of empathy. The proportion of refugees among migrants is also consistently overestimated, but research shows that people do not change their minds simply by being presented with figures. If resistance emerges at a human level, it must also be addressed at a human level.
Negative portrayals and rhetoric in politics and the media can lead to refugees no longer being seen as individuals but as an unknown and unwanted group. This increases fear and can reduce support for accepting them. At the same time, decades of research have shown that contact has the opposite effect. People who know refugees personally tend to be less prejudiced. This is also reflected in studies showing that people who live near an asylum-seekers centre have a more positive image of refugees than those who live further away.
And even when direct contact is not possible, stories about friendships between refugees and people from your own community can help. We call that “extended contact”: seeing someone like yourself having a positive relationship with a refugee can influence your own attitudes.
Ultimately, it’s about continuing to see refugees as people with feelings, hopes and fears, just like us. If we want to maintain support for the protection of refugees, we should therefore not only share facts, but also create opportunities for people to meet and hear one another’s stories.’
Judi Mesman, Professor of The Interdisciplinary Study of Societal Challenges
Reading tip: Waarom contact werkt (Kennisplatform Inclusief Samenleven)