NOTE ON UK OBLIGATIONS IN RESPECT OF REFUGEES AND ASYLUM-SEEKERS
1.
The Office of the UN High Commissioner for Refugees (UNHCR)
was established in December 1950. The Statutes of UNHCR state
that the High Commissioner shall
(a)
provide international protection to refugees;
(b) seek permanent solutions to the problems of refugees by
assisting Governments;
(c) subject to the approval of the Governments concerned, facilitate the voluntary repatriation of refugees or their
assimilation within new national communities.
(d) follow the directives of the General Assembly (UNGA)
and the Economic and Social Council (ECOSOC).
2.
The manner in which UNHCR is to achieve these objectives
are spelt out in more detail in Articles 8-12 of the Statutes. Subsequent GA and ECOSOC resolutions have extended UNHCR's competence to assist "non-mandate" refugees in specific areas eg displaced persons in Djibouti. However, such persons do not qualify for refugee status. It is normal to talk of mandate refugees and other persons "of concern" to UNHCR.
3. The main instruments containing obligations towards refugees (and UNHCR) are the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees, which the UK ratified on extes Under this Convention we must, without any discrimination as to
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race, religion or country of origin, facilitate the assimilation and naturalisation of refugees and must not expel or return ("refouler") a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion. The full definition of refugee is given in Articles 1 of the 1951 Convention and 1967 Protocol but hinges on a persons "well-founded fear of being persecuted". It is, however, up to States Parties to determine whether or not an asylum-seeker is a refugee.
4.
States also undertake to co-operate with UNHCR in the exercise of its functions (Article 35), and have obligations in the areas
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