TNAG-1066-FCO40-1316-Human-rights-in-Hong-Kong-1981 — Page 90

E/CN.4/1503 Page 14

29.

"As a result of events

occurring before 1 January 1951 and 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."

This Convention was extended in time and space as a result

of the adoption of its Protocol in 1967.

30. Elaborated in the special atmosphere of the post-war

years, the restrictive nature of the 1951 definition does not adequately respond to the variety of situations which arose so frequently in the sixties and seventies. A useful attempt was

made by the Organization of African Unity (OAU) to update the

concept of refugee. The 1969 OAU Convention in its Article 2

adds

the definition of the 1951 Convention (which is its

Article 1) by the following:

31.

every

"The term 'refugee' shall also apply to person who, owing to external aggression, occupation, foreign domination or events se- riously disturbing public order in either part of the whole of his country of origin or national- ity, is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country or origin and nationality.

"

As for a definition of de facto refugees, only the Council

of Europe has initiated some action, and the definition adopted

is the following:

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