that asylum-seekers that have planned, facilitated or participated in the
commission of terrorist acts are not granted refugee status (para. 3 (f)),
and that refugee status is not abused by perpetrators, organizers or
facilitators of terrorist acts (para. 3 (g)).
It should be noted that, with regard to refugee status and asylum, the
resolution did not introduce new obligations into international refugee law.
The 1951 Convention already has provisions to ensure that international
refugee protection is not extended to those who have induced, facilitated
or perpetrated terrorist acts.
The position of the Office of the United Nations High Commissioner for
Refugees (UNHCR) is that those responsible for committing terrorist acts
must not be permitted to manipulate refugee mechanisms in order to
find a safe haven or achieve impunity.26 The framework of international
refugee law contains provisions aimed at guarding against abuse and is
thus able to respond to possible exploitation of refugee mechanisms by
those responsible for terrorist acts.
Firstly, refugee status may be granted only to those who fulfil the criteria
of the refugee definition contained in article 1A of the 1951 Convention,
i.e., those who have a “well-founded fear of being persecuted for reasons
of race, religion, nationality, membership of a particular social group or
political opinion.” In many cases, persons responsible for terrorist acts
may not fear persecution for a reason set out in the 1951 Convention, but
may rather be fleeing legitimate prosecution for criminal acts they have
committed.
Secondly, according to article 1F of the 1951 Convention, persons who
would otherwise meet the refugee criteria of article 1A shall be excluded
from international refugee protection if there are serious reasons for
considering that they have committed a war crime, a crime against
humanity, a serious non-political crime outside the country of refuge prior
to admission to that country as a refugee, or have been guilty of acts
contrary to the purposes and principles of the United Nations. Particularly
relevant is article 1F (b), which relates to the commission of a serious
non-political crime by an asylum-seeker prior to the person’s admission
to the country of refuge. Acts which bear the characteristics of terrorism
will almost invariably amount to serious non-political crimes. UNHCR has
issued guidelines27 on the application of exclusion clauses under the 1951
Convention, noting, in particular, their exceptional nature and the need
for their scrupulous application.
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