Common European Asylum System in a Changing World

• African [Banjul] Charter on Human and Peoples’ Rights (Article 12) • OAU Convention Governing the Specific Aspects of the Refugee Problem in Africa • Arab Charter on Human Rights (Article 28) • Cairo Declaration on Human Rights in Islam (Article 12) • European Convention on Human Rights (arts. 2, 3, and 5) • Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Article 3) • African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa • Convention on the Rights of the Child (Article 22) • It is necessary to mention the UN Compact on Refugees, adopted in 2018 by the United Nations General Assembly, which builds on existing international law and standards, including the 1951 Refugee Convention and human rights treaties, and seeks to better define cooperation in order to share responsibilities. This Compact has not been ratified by many EU Member States. In the European context it is the Common European Asylum System , which is the most complex regional system of refugee law regulation (see below). 1.2 United Nations Convention relating to the Status of Refugees At the universal level, the most comprehensive legally binding international instrument, defining the standards for the treatment of refugees is the United Nations Convention relating to the Status of Refugees. Grounded in Article 14 of the Universal Declaration of Human Rights, which recognizes the right of persons to seek asylum from persecution in other countries, this United Nations Convention relating to the Status of Refugees (hereinafter 1951 Convention) adopted in 1951, became the cornerstone of international refugee protection together with its 1967 Optional Protocol relating to the status of Refugees (1967 Optional Protocol). The 1951 Convention establishes the definition of a refugee (Article 1) as well as the principle of non-refoulement (Article 33) and the rights afforded to those granted refugee status. The 1957 Convention provides an international legal framework, currently applying to 148 states parties, who are bound to cooperate with the UN Refugee Agency (UNHCR).  Refugee definition Article 1(A)(2) of the 1951 Convention: An individual who is outside his or her country of nationality or habitual residence who is unable or unwilling to return due to a well-founded fear of persecution based on his or her race, religion, nationality, political opinion, or membership in a particular social group. 1

1 Internally displaced persons (IDPs) are not considered refugees but UNHCR provides protection to IDPs and stateless individuals in addition to 1951 Convention refugees, see also African Union Convention African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa.

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