UNHCR has issued its 14th set of Guidelines on International Protection, which focuses on "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."
The aim of these Guidelines is to "provide substantive guidance for interpreting and applying Article 31 of the 1951 Convention and to promote consistency in such interpretation and application among Contracting States of the 1951 Convention and its 1967 Protocol relating to the Status of Refugees. After outlining the purpose of Article 31 as a whole, these Guidelines address the constituent elements of each of its two distinct paragraphs specifically. The final section outlines procedural and evidentiary issues, as well as other responsibilities, to ensure an effective implementation of Article 31"
Article 31, "Refugees Unlawfully in the Country of Refuge," reads as follows:
"1. The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.
2. The Contracting States shall not apply to the movements of such refugees restrictions other than those which are necessary and such restrictions shall only be applied until their status in the country is regularized or they obtain admission into another country. The Contracting States shall allow such refugees a reasonable period and all the necessary facilities to obtain admission into another country." (Source: OHCHR)
The Guidelines are intended to complement and update UNHCR's Refugee Handbook. The previous 13 sets can be accessed via Refworld: Follow this link for RSD-related documents, then select "Policy Documents."
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