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Free US Law Dictionary

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Refugee

A 'refugee' is a person who owing to a 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 their nationality, and is unable to or, owing to such fear, is unwilling to avail him/herself of the protection of that country" (according to the 1951 United Nations Convention Relating to the Status of Refugees). Every person has the right to live free from persecution, or the fear of persecution, based on their race, religion, nationality, membership in a particular social group, or political opinion. Though every government is obligated to provide this right, many fail. Every year millions of people face persecution for traits they cannot control or exercising their religious or political beliefs. When governments fail to protect these rights, people have the right to move to a country that will protect them. This is the right to asylum. People who seek to exercise this right are called "asylum seekers" or, in some cases, "refugees." In 1951, the formal basis for exercising the right to asylum was established by an international treaty, the Geneva Convention Relating to the Status of Refugees. Countries signing that Convention have an obligation to provide asylum or refuge to people fleeing persecution.

The concept of a refugee was expanded by the Conventions’ 1967 Protocol and by regional conventions in Africa and Latin America to include persons who had fled war or other violence in their home country. A person who is seeking to be recognized as a refugee is an asylum seeker. In the United States a recognized asylum seeker is known as an asylee.

Refugee was defined as a legal group in response to the large numbers of people fleeing Eastern Europe following World War II. The lead international agency coordinating refugee protection is the Office of the United Nations High Commissioner for Refugees (UNHCR), which counted 8.4 million refugees worldwide at the beginning of 2006. This was the lowest number since 1980.[1] The major exception is the 4.3 million Palestinian refugees under the authority of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), who are the only group to be granted refugee status to the descendants of refugees according to the above definition.[2] The U.S. Committee for Refugees and Immigrants gives the world total as 12,019,700 refugees and estimates there are over 34,000,000 displaced by war, including internally displaced persons, who remain within the same national borders. The majority of refugees who leave their country seek asylum in countries neighboring their country of nationality. The "durable solutions" to refugee populations, as defined by UNHCR and governments, are: voluntary repatriation to the country of origin; local integration into the country of asylum; and resettlement to a third country.[3]

Refugees arrive in Travnik, central Bosnia, during the war, 1993. Photo by Mikhail Evstafiev

As of December 31, 2005, the largest source countries of refugees are the Palestinian Territories, Afghanistan, Iraq, Myanmar, and Sudan. The country with the largest number of IDPs is Sudan, with over 5 million. According to UNHCR estimates, over 4.2 million Iraqis have been displaced since the US-led invasion of Iraq in 2003, with 2 million within Iraq and 2.2 million in neighbouring countries.[4][5] At least 60,000 Iraqis are losing their homes and becoming refugees every month.[6] [7]

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