22.
:
At the time of its introduction, the Convention had one
important limitation
its scope was limited to persons who
became refugees as a result of events occurring in Europe before
1 January 1951, and not to people who were placed in similar
situations subsequent to that date.
These were overcome by the 1967 Protocol to the
Convention which removed both the historic and geographic
limitations. This meant that no longer was the Convention
applicable only in Europe and only to people placed in a refugee
situation before 1951. The need for the Protocol gave some
recognition to the inherent weakness of a European instrument
reflecting the European pre-occupations with the humanitarian
needs of a European society.
The Protocol, nevertheless, is an independent instrument
to which access is not limited only to parties to the Convention.
Indeed some governments, including the USA, have seen fit to ratify
only the Protocol and not the Convention itself.
ratified both the Convention in 1954 and the Protocol in 1973.
Australia has
I cannot help wondering whether the Whitlam Government
fully comprehended the consequences of ratifying the Protocol.
We tend to forget that over 2,500 people arrived from
Timor in 1975 without prior authority to enter Australia more
than all the Vietnamese boat people arriving without authority in
Australia over 3 years. They were not refugees within the
Convention definition since they were able to avail themselves of
the protection of their country of nationality.
treated as refugees.
Yet they were
.../23