UNHCR Guidelines on International Protection No. 14 on Article 31 of the 1951 Refugee Convention
The latest set of UNHCR’s Guidelines on International Protection No. 14: non-penalization of refugees on account of their irregular entry or presence and restrictions on their movements in accordance with Article 31 of the 1951 Convention relating to the Status of Refugees has been published.
The Guidelines provide guidance on the interpretation and application of Article 31 of the 1951 Refugee Convention pursuant to UNHCR’s supervisory responsibility. They are intended for governments and other stakeholders, including policy- and decision-makers, border control authorities, prosecutorial authorities and asylum authorities, as well as legal practitioners, members of the judiciary and UNHCR staff.
The Guidelines are the fourteenth in the series, complementing the UNHCR Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and 1967 Protocol (1979, reissued in 2011 and 2019).
The Guidelines address all elements of Article 31 through distinct sections and paragraphs and provide guidance on ensuring effective implementation of the Article 31. This Article acknowledges that in seeking asylum refugees are often compelled to enter and stay in a country unlawfully by using false travel documents or circumventing immigration rules. The first paragraph of Article 31 ensures that refugees can gain access to international protection effectively without being penalized for violating immigration laws. In turn, the second paragraph of Article 31 protects refugees who are unlawfully in the country from being restricted in their freedom of movement unless such restrictions are necessary in an individual case.
Non-penalization of refugees for their irregular entry and stay is a core principle of refugee law. It is often misunderstood or deliberately violated by States. At a time of increased legal and practical barriers to accessing asylum, these Guidelines serve as a crucial reminder that seeking asylum is not a criminal act, but a life-saving measure and a fundamental human right.
The Guidelines are available on Refworld at: www.refworld.org/policy/legalguidance/unhcr/2024/en/148632.