ABSTRACT

This chapter discusses the issues about the refugee definition and gaps in the protection which the 1951 Convention provides. It explores both state and United Nations High Commissioner for Refugees (UNHCR) approaches to address these issues and gaps, the UNHCR's position on states' approaches and the weaknesses or dilemmas of these approaches, taking into account the UNHCR's experiences over the last 50 years. With regard to proper interpretation of the 1951 Convention in general, the UNHCR maintains that the aim of the drafters of the Convention was to incorporate human rights values in the identification and treatment of refugees. The UNHCR has faced dilemmas in its involvement with Internally Displaced Persons (IDPs). The Preamble of the Refugees Convention concludes that the object and purpose of the 1951 Convention is to ensure the protection of the specific rights of the refugees and to encourage international cooperation for that purpose, and the UNHCR is given a special role in that regard.