TNAG-1797-FCO40-2557-Hong-Kong-Vietnamese-refugees-repatriation--including-Opera-1988 — Page 21

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y refugees, ternational

it:

shall apply

2 May 1926 10 February of the Inter-

Organization efugees being this section.'

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of refugees rious earlier ents have by i here would considered a omatically a led "Nansen International le 19

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e term “refu-

ument, issued to

"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 general definition is discussed in detail below.

B. Interpretation of terms

(1) “Events occurring before I January 1951"

35. The origin of this 1951 dateline is explained in paragraph 7 of the Introduction. As a result of the 1967 Protocol this dateline has lost much of its practical significance. An interpretation of the word "events" is there- fore of interest only in the small number of States parties to the 1951 Con- vention that are not also party to the 1967 Protocol.

36. The word "events" is not defined in the 1951 Convention, but was understood to mean "happenings of major importance involving territorial or profound political changes as well as systematic programmes of perse- cution which are after-effects of earlier changes". The dateline refers to “events" as a result of which, and not to the date on which, a person becomes a refugee, not does it apply to the date on which he left his country. A refu- gee may have left his country before or after the datelines, provided that his fear of persecution is due to “events” that occurred before the dateline or to after-effects occurring at a later date as a result of such events."

(2) "well founded fear of being persecuted”

(a) General analysis

37. The phrase "well-founded fear of being persecuted” is the key phrase of the definition. It reflects the views of its authors as to the main elements of refugee character. It replaces the earlier method of defining refugees by categories (i.e. persons of a certain origin not enjoying the protection of their country) by the general concept of "fear" for a relevant motive. Since fear is subjective, the definition involves a subjective element in the person applying for recognition as a refugee. Determination of refugee status will therefore primarily require an evaluation of the applicant's statements rather than a judgement on the situation prevailing in his country of origin. 38. To the element of fear—a state of mind and a subjective condition- is added the qualification "well-founded". This implies that it is not only the

• See Annex IV.

• UN Document E/1618 page 39.

7 loc. cit.

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