The UN’s Refugee Convention is increasingly marginal to the way in which refugee protection happens around the world. I believe that this is a bad thing—both for refugees and for states.
When introducing the draft of the Refugee Convention some 65 years ago, the UN’s first Secretary General explained that “[t]his phase... will be characterized by the fact that the refugees will lead an independent life in the countries which have given them shelter. With the exception of the ‘hard core’ cases, the refugees will no longer be maintained by an international organization as they are at present. They will be integrated in the economic system of the countries of asylum and will themselves provide for their own needs and for those of their families.”
Yet today, and despite the fact that 148 countries have signed onto the Refugee Convention, the reality is quite the opposite. Most refugees today are not allowed to live independent lives. Most refugees are maintained by an international organization. And most refugees are emphatically not allowed to provide for their own needs.