A refugee, conventionally speaking, is a person who has lost the protection of their country of origin and who cannot or is unwilling to return there due to well-founded fear of persecution. Such a person may be called an asylum seeker until granted refugee status by the contracting state or the United Nations High Commissioner for Refugees (UNHCR) if they formally make a claim for asylum.
Etymology and usage
In English, the term refugee derives from the root word refuge, from Old French refuge, meaning "hiding place". It refers to "shelter or protection from danger or distress", from Latin fugere, "to flee", and refugium, "a taking [of] refuge, place to flee back to". In Western history, the term was first applied to French Protestant Huguenots looking for a safe place against Catholic persecution after the first Edict of Fontainebleau in 1540. The word appeared in the English language when French Huguenots fled to Britain in large numbers after the 1685 Edict of Fontainebleau (the revocation of the 1598 Edict of Nantes) in France and the 1687 Declaration of Indulgence in England and Scotland. The word meant "one seeking asylum", until around 1916, when it evolved to mean "one fleeing home", applied in this instance to civilians in Flanders heading west to escape fighting in World War I.
Definitions
The first modern definition of international refugee status came about under the League of Nations in 1921 from the Commission for Refugees. Following World War II, and in response to the large numbers of people fleeing Eastern Europe, the UN 1951 Refugee Convention defined "refugee" (in Article 1.A.2) as any person who:
owing to 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; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.
In 1967, the definition was basically confirmed by the UN Protocol Relating to the Status of Refugees.
People fleeing from war, natural disasters or poverty are generally not encompassed by the international right of asylum. However, many countries have implemented laws to protect also those displaced persons.
Accordingly, the Convention Governing the Specific Aspects of Refugee Problems in Africa expanded the 1951 definition, which the Organization of African Unity adopted in 1969:Every person who, owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality, is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality.
The 1984 regional, non-binding Latin-American Cartagena Declaration on Refugees includes:
persons who have fled their country because their lives, safety or freedom have been threatened by generalized violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances which have seriously disturbed public order.
, the UNHCR itself, in addition to the 1951 definition, recognizes persons as refugees:
who are outside their country of nationality or habitual residence and unable to return there owing to serious and indiscriminate threats to life, physical integrity or freedom resulting from generalized violence or events seriously disturbing public order.
European Union's minimum standards definition of refugee, underlined by Art. 2 (c) of Directive No. 2004/83/EC, essentially reproduces the narrow definition of refugee offered by the UN 1951 Convention; nevertheless, by virtue of articles 2 (e) and 15 of the same Directive, persons who have fled a war-caused generalized violence are, at certain conditions, eligible for a complementary form of protection, called subsidiary protection. The same form of protection is foreseen for displaced people who, without being refugees, are nevertheless exposed, if returned to their countries of origin, to death penalty, torture or other inhuman or degrading treatments.
Related terms
Refugee resettlement is defined as "an organized process of selection, transfer and arrival of individuals to another country. This definition is restrictive, as it does not account for the increasing prevalence of unmanaged migration processes."
The term refugee relocation refers to "a non‐organized process of individual transfer to another country."