IO Files: US/A/C.3/319
United States Delegation Working Paper
[New
York,] November 23, 1950.
Definition of the Term “Refugee” Recommended by the Economic and Social Council
- A.
- For the purposes of this Convention, the term “refugee” shall
apply to any person
- (1)
- Who, in the period between 1 August 1914 and 15 December 1946, was considered a refugee under the Arrangements of 12 May 1926 and 30 June 1928 or under the Conventions of 28 October 1933 and 10 February 1938, and the Protocol of 14 September 1939;
- (2)
- Who has been accepted by the International Refugee Organization as falling under its mandate;
- (3)
- Who has had, or has, well-founded fear of being the victim of persecution for reasons of race, religion, nationality or political opinion, as a result of events in Europe before 1 January 1951, or circumstances directly resulting from such events, and owing to such fear, has had to leave, shall leave, or remains outside the country of his nationality, before or after 1 January 1951, and is unable, or owing to such fear or for reasons other than personal convenience, is unwilling, to avail himself of the protection of the Government of the country of his nationality, or, if he has no nationality, has left, shall leave, or remains outside the country of his former habitual residence.
The decision as to eligibility taken by the International Refugee Organization during the period of its activities shall not prevent the status of refugees being recognized in the case of persons who otherwise fulfill the conditions of this article.
- B.
- The Convention shall not apply to any refugee enjoying the
protection of a Government because
- (1)
- He has voluntarily re-availed himself of the protection of the government of the country of his nationality;
- (2)
- Having lost his nationality, he has voluntarily re-acquired it;
- (3)
- He has acquired a new nationality and enjoys the protection of the Government of the country of his nationality;
- (4)
- He has voluntarily re-established himself in the country which he left or outside which he remained owing to fear of persecution;
- (5)
- As a former member of a German minority, he has established himself in Germany or is living there.
- C.
- No contracting State shall apply the benefits of this Convention to any person who, in its opinion, has committed a crime specified in article VI of the London Charter of the International Military Tribunal. No contracting State shall be obliged, under the provisions of this Convention, to grant refugee status to any person whom it has serious reasons to consider as falling under the provisions of article 14, paragraph 2, of the Universal Declaration of Human Rights.