At a time of harder borders and ‘ruthless’ rhetoric, the Refugee Convention is more important than ever
- Written by: Weekend Times
This month marks 75 years since the adoption of the 1951 Refugee Convention on July 28 1951. Negotiated in the aftermath of the second world war, the treaty came into force three
years later after Australia became the sixth country to ratify it.
Today, 149 states are parties to the convention and/or its 1967 Protocol, which effectively extended its application beyond the immediate post-war era.
Every day, life-saving decisions are made in accordance with the Refugee Convention’s fundamental principles, making it one of the most utilised treaties in the world. It provides a common framework for determining who refugees are and the protections and rights to which they are entitled. This includes:
- not removing refugees to any place where they face a well-founded fear of being persecuted
- not penalising them for entering a country without valid travel documents
- and granting them a legal status that ensures they can rebuild their lives in safety and with dignity.
The Refugee Convention has proven to be remarkably adaptable over its 75-year history.
Yet, at a time of rising geopolitical tensions, accelerating climate impacts and mounting pressure on resources, some claim the Refugee Convention is obsolete. They suggest it is either too narrow to meet modern needs or too generous to be sustainable.
Read more: Suella Braverman is wrong about the UN refugee convention being ‘not fit for purpose’ – here’s why
Critics also claim the convention fails to provide a solution to mass influxes of refugees and does not distribute refugees evenly among states.
But these were never the convention’s functions. Rather, its purpose was to make international protection of refugees more predictable and consistent. Far from being a cause of disorder, the treaty provides a principled framework for common action.
Displacement wouldn’t stop without the Refugee Convention; it would simply become more chaotic and unstable.
Dwindling funds
Today, the agency in charge of overseeing refugee protection, the UN High Commissioner for Refugees (UNHCR), is facing one of its greatest challenges.
When the Trump administration came into office, it slashed US foreign aid programs and donations, leading to a sharp reduction in UNHCR’s budget. The United States has long been the agency’s largest donor.
As a result, by November 2025, the UNHCR faced a US$1.3 billion (A$1.85 billion) shortfall compared to 2024, forcing it to cut 5,000 positions and close or merge 185 offices. This marked a 25% decrease in its overall funding.
As High Commissioner Filippo Grandi said on leaving his role in December:
…faced with such wide-ranging reductions, we had no choice but to cut lifesaving and life-changing activities.
While many European countries and Japan have stepped in with strong financial commitments, the agency still only expects to reach around 35% of its projected 2026 funding needs.
Contrary to what some governments might hope, this reduction in funding may actually lead more people to seek refuge in other countries.
The new high commissioner, Barham Salih, said earlier this year a “decisive shift” is needed. Member states need to move away from “managing displacement indefinitely to resolving it collectively”. He stressed the Refugee Convention remains as central as ever.
Scapegoating of refugees
All too frequently, however, we see refugees denied the opportunity of “a future beyond indefinite displacement” – often deliberately. Refugees are scapegoated on account of economic, security or cultural anxieties, while the real causes of these issues go unaddressed.
As Grandi once lamented, “ruthless” political rhetoric gives “license to discrimination, racism and xenophobia”, undermining public support for refugees.
It’s all too easy for misinformation to take hold in such a climate. This leads to flawed and harmful laws, poor policymaking and a weakening of democratic institutions.
As a result, it’s becoming much more difficult for refugees to reach safety in another state to claim asylum. Borders are hardening and new technologies are enabling more invisible and insidious forms of deterrence.
Despite this, no country has ever withdrawn from the Refugee Convention or its protocol. Even the most sceptical governments generally recognise that without a common framework, there would be even more disorder.
The importance of international cooperation
The Refugee Convention is necessary to ensure refugees receive protection, but it is insufficient on its own.
International cooperation is crucial. That’s why, 80 years ago, one of the UN General Assembly’s first resolutions recognised the refugee issue was “international in scope and nature” and needed multilateral efforts to address it.
The international community needs to agree on predictable, cooperative mechanisms to share responsibility for refugees and expand safe pathways for their protection. This started to be sketched out through the 2018 Global Compact on Refugees, but much work remains to be done.
At 75, the Refugee Convention does remain fit for purpose. But refugees will continue searching for protection until the root causes of displacement disappear. That is why steady political will and renewed international cooperation are needed to allow the treaty to serve its vital role.
Jane McAdam receives funding from the Australian Research Council.
