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glossary of terms

Glossary of terms related to the experiences of refugees

Refugee: Article 1 of the Convention defines a refugee as "A person who is outside his/her country of nationality or habitual residence; has a well-founded fear of persecution because of his/her race, religion, nationality, membership in a particular social group or political opinion; and is unable or unwilling to avail himself/herself of the protection of that country, or to return there, for fear of persecution."

Asylum: the granting, by a State, of protection in its territory to a person/persons from another State who is/are fleeing persecution or serious danger. A person who is granted asylum is a refugee. Asylum encompasses a variety of elements, including non-refoulement, permission to remain on the territory of the asylum country, and humane standards of treatment. Asylum seekers: those individuals who formally request permission to live in another State because they (and often their families) have a 'well founded fear of persecution' in their country of origin. This distinguishes them from migrants in general.

Convention refugees: persons recognised as refugees by States under the criteria in Article 1A of the 1951 Convention, and entitled to the enjoyment of a variety of rights under the Convention.

Convention Relating to the Status of Refugees: a Convention that establishes the most widely applicable framework for the protection of refugee. The convention was adopted in July 1951 and entered force in April 1954. Article 1 of the 1951 Convention limits its scope to 'events occurring before 1 January 1951'. This restriction is removed by the 1967 Protocol relating to the Status of Refugees. To date, there are 139 States who are parties to the 1951 and/or 1967 Protocol.

Country of first asylum: a country in which an asylum seeker has been granted international protection as an asylum seeker or a refugee.

Customary international law: laws that derive their authority from the constant and consistant practice of States, rather than from formal expression in a treaty or legal text.

Durable solutions: any means by which the situation of refugees can be satisfactorily and permanently resolved to enable them to live normal lives. UNHCR traditionally pursues the durable solutions of voluntary repatriation, local integration and resettlement.

Local integration: a durable solution to the problem of refugees, which involves their permanent settlement in a country of first asylum.

Persecution: generally refers to any severe violation of human rights. In the refugee context, 'persecution' refers to any act by which fundamental rights are severely violated for reasons of race, religion, nationality, political opinion or membership of a particular social group.

Resettlement: the transfer of refugees from the country in which they have sought refuge to another State that has agreed to admit them. The refugees will usually be granted asylum or some other form of long-term resident rights and, in many cases, will have the opportunity to become naturalised citizens. For this reason, resettlement is a durable solution as well as a tool for the protection of refugees.

Resettlement country: a country that offers opportunities for the permanent resettlement of refugees.

Safe third country: a country in which an asylum seeker could have found protection as a refugee, and in which he/she has been physically present prior to arriving in the country in which he/she is applying for asylum.

Unaccompanied minors: persons below the legal age of majoriy who are not in the company of parents, guardians or primary care-givers.

Voluntary repatriation: return to the country of origin based on the refugees' free and informed decision. Voluntary repatriation may be organised (ie. when it takes place under the auspices of the converned governments and UNHCR) or spontaneouss (ie. the refugees return by their own means with UNHCR and governments having little or no direct involvement).

Taken from Refugees and Forcibly Displaced People by Mark Raper SJ and Amaya Valcarcel, 2000