Provisions of Convention and Protocol relating to the Status of Refugees FAVORING THE FEDERAL STATES OF RAVAR “(2) Ravar has not violated international law in its treatment of the migrants from Arista, and that the Vinthi people are being treated in accordance with the obligations of Ravar under international law and their proposed transfer to Zoivel is legal.” In the first place, the Vinthis are not refugees. Therefore, the Convention cannot be invoked in countenance of the arguments posited by Arista. The Vinthis are not refugees under the definition stated in paragraph (2), Section A, Article 1 of the Convention relating to the Status of Refugees. Therefore, I think the Convention is not applicable and, hence, its provisions cannot be invoked, in furtherance of the Republic of Arista’s position. A refugee is any person who: “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.” The Vinthis migrated to the Federal State of Ravar after having no place to stay in Arista due to the fire that gutted the places where their communities reside. Further, the fire led to an epidemic which has inflicted the Vinthis with various diseases, the cure for which has yet to be discovered. Ergo, the Vinthis are not persecuted for reasons of race, religions, nationality, membership of a particular social group or political opinion. Assuming, however, that the Vinthis are refugees and, therefore, the Convention is applicable in the case at bar, the following provisions may also be used in elucidating the contentions of the Republic of Arista: This Convention shall cease to apply to any person falling under the terms of section A if: (1) He has voluntarily re-availed himself of the protection of the country of his nationality. (Section C, Article I of the Convention) The Arista Government sent a medical team to ease the physical hardship being experienced by the Vinthis. The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that:
(a) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; (b) he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee; (c) he has been guilty of acts contrary to the purposes and principles of the United Nations. (Section F, Article I of the Convention) The Vinthis who migrated to Ravar are mostly former rebels.
