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17th January 2003

Convention on refugees gives terrorists no safe haven

- Letter to the Editor of The Daily Telegraph


Sir,

The 1951 UN Convention on Refugees excludes terrorists. It excludes those who have committed terrorist acts and those who are a threat to national security or public order. It thus does not provide a safe haven to terrorists, nor does it protect them from criminal prosecution.

It is important to understand that the 1951 Refugee Convention was designed precisely to enable governments to decide who is a refugee in need of sanctuary and who needs to be excluded because they are a threat to the safety of the public. Article 1F of the Convention explicitly enables governments to exclude individuals who even though they may be facing persecution in their country, have been involved in serious criminal or terrorist activities.


It is well known that governments in the UK as well as other western countries have been facing difficulties in managing and implementing asylum systems. One major problem is their difficulties in returning those who are rejected or excluded, to their countries of origin. Much more needs to be done to make asylum seekers work and UNHCR is very actively working with governments, to add new agreements to the framework provided by the Convention.

These agreements are urgently needed to enable governments to deal with the challenges they face today. The co-operation between the UK and French governments and UNHCR which led to the closure of Sangatte as well as the new tripartite agreement between the UK, the Afghan authorities and UNHCR on repatriation to Afghanistan for those who do not face protection problems, are recent examples. It is in this direction that the International Community urgently needs to move rather than creating the chaos and suffering which would result from withdrawing from the very Convention which enables governments to sort out those who need protection from those who don't.


Most important of all however for countries which cherish human rights and civil liberties, is the need to ensure that neither the problems that exist in implementing asylum procedures, nor the activities of a tiny number of individuals who may have abused the system, should be used as an excuse for undermining the important principle of asylum, and the protection that it gives to those who are genuinely fleeing a fear of persecution.

In the dangerous world in which we live, the UK has a proud record of compassion and international humanitarian support. The 1951 Convention is a central example of this, whilst at the same time it defends states' legitimate interests, safety and security. We can build on it or lose it to our peril.

Yours faithfully,

Anne Dawson-Shepherd

UK Representative for UNHCR

The Editor

The Daily Telegraph

1 Canada Square,

London E14 5DT

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