At Welcome Merchant, refugees and people seeking asylum are at the heart of everything that we do. But to accurately support these people, it’s critical to have a clear understanding of the refugee rights and protections: who qualifies as ‘refugee’ and how do they reach that status?
In 1951, the Refugee Convention was formed: a foundational legal agreement that defines who qualifies as a refugee, and what protections they are entitled to. This initially focused on European refugees in the aftermath of World War II, but in 1967, the Protocol was added, expanding the boundaries of security by committing to the protection of refugees across the globe. Together, these documents form the basis of the United Nations High Commissioner for Refugees (UNHCR), the global governing body for refugee rights. At present, 149 countries are signatory to the Refugee Convention and Protocol, including Australia.
How can the Refugee Convention protect refugees?
The Refugee Convention and Protocol ensures that refugees rights are honoured whilst living in their host countries. This includes having access to adequate housing, education, employment, healthcare and legal assistance. These are all crucial to ensuring refugees can rebuild their lives with dignity, and with sufficient support.
Another key principle is ‘non-refoulement’. Signatory countries are prohibited from returning refugees or people seeking asylum to places where their lives or freedoms are at risk. This ensures individuals fleeing persecution are not forced back into dangerous situations, such as war zones, or regions where they may face human rights violations, such as torture.
So, who is eligible to be protected by the Refugee Convention?
The UN defines a refugee as someone who, “owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country.”
All refugees have to formally qualify to gain access to their rights and protections, via having their status assessed. In Australia, there are multiple steps in the refugee assessment process, which often take long periods to complete. Prior to their assessment, those who arrive in the country without a visa are held in immigration detention until their claim is assessed or an alternate visa is granted.
Before being acknowledged as refugees, the term ‘person seeking asylum’ is used: this includes those that have had to flee their home country, but have not yet had their refugee status assessed. People seeking asylum have fewer rights and protection.
Education is a powerful tool and to adequately support refugees and people seeking asylum, we must all have a clear understanding of key definitions. By knowing their rights and protections, we can hold governments accountable and confidently advocate for those who need it most.
Feature photo by Folco Masi, via Unsplash