Invisibilization of the unwanted Others? Feminist, queer, and postcolonial perspectives on the 1951 Refugee Convention’s drafting

Abstract

The 1951 Refugee Convention represents the legal cornerstone of today’s global refugee protection, which is supposed to apply to all refugees regardless of their origin, gender identity, or sexual orientation. But did the Convention’s drafters have such a complex approach in mind? This paper analyzes the Convention’s drafting at the United Nations and the final conference in the late 1940s and early 1950s from feminist, queer, and postcolonial perspectives. By drawing on subalternity and absence, and using interpretive analysis of historical sources, the paper focuses on politics—who was (not) involved in debates—and policy—who was (not) considered under the refugee definition. The analysis reveals pervasive asymmetries, with western androcentrism inherently shaping the drafting. The western, white, heterosexual man was the standard filter for the powerful decision-maker and the protection subject, whereas women, LGBTQ+ and colonized people were neglected in politics and policy. Their exclusion was not merely a side effect of the political landscape at the time but reflects the reproduction of western androcentric power, which ultimately invisibilized the subaltern Others in the creation of international refugee law.