Refugees

1. Legal definition

The League of Nations set out a definition for 'refugee' in 1926 as being an individual with a national origin no longer enjoying the protection of the national government, and who had not acquired another nationality. The action by the League demonstrated concern for many Russians and Armenians during the early 1920s at being displaced following the Russian revolution of 1917. Many were forced to leave their homeland in the years that followed. The League document 'Arrangements concerning the Issue of Certificates of Identity to Russian and Armenian Refugees' set a legal precedent for the treatment of refugees.

The League reiterated the definition of refugee in 1936 for people no longer afforded citizenship and protection. This was in response to those leaving Germany because of Nazi persecution with a qualification in 1938 excluding those who left their place of national origin out of convenience. The document known as the 'Provisional Agreement concerning the Status of Refugees coming from Germany' published by the League developed the idea that refugees may have lost their country but had not lost their natural rights. This appears to suggest the exclusion of anyone from refugee status leaving a country for reasons other than being in fear of their lives. The condition of the refugee since that time has been open to the closest scrutiny.

The Allies instituted the International Military Tribunal at Nuremberg in 1945 to ensure that those suspected of having committed war crimes would be investigated, indicted and tried. The definition of war crimes made by the International Military Tribunal had included murder, extermination, enslavement, and deportation, while recognising that the aims of the occupying power had been to obliterate the former national character of the countries under occupation.

The principles laid down by the International Military Tribunal were in accord with international law set out within the Charter of the Nuremberg Tribunal and reaffirmed on December 11 1946 by the United Nations General Assembly under resolution 95 (1). The international court at The Hague was established after the Second World War to investigate, indict and bring to trial individuals suspected of war crimes and crimes against humanity. The Hague Convention IV on the Laws and Customs of War on Land was established in 1907. The recent conflict in the former Yugoslavia involving expulsion, rape and genocide against minorities has involved the activities of the international court.

The National Archives holds papers on matters arising under international law related to international incidents, wars and conferences, and these can mainly be found in FO 371. Papers related to German breaches of international law during World War Two can be found in FO 371, as can the development of international law arising from judgments at Nuremberg in 1947. Papers in FO 945 cover the status of Germany in international law after World War Two. Papers related to the Hague Conference of 1959 and 1960 can be found in FO 370. The questions arising under international law related to the Russo-Japanese War of 1904 are covered among papers in FO 46. Other relevant series are FO 286, FO 834, FO 881, FO 954, and FO 1093.

2. Before the twentieth century

From about the sixteenth century, coinciding with European explorations and expeditions to America, Africa and the Far East, significant changes in the nature of population movements occurred, not experienced since the disintegration of the Roman Empire. The European population expanded into territories overseas for reasons of conquest, trade, and to escape persecution, most significantly the Portuguese, Spanish and English. Among the English were religious refugees escaping religious and political upheaval. French Huguenots also migrated to escape religious persecution.

The Reformation and Counter Reformation created religious refugees caught between these opposing ideologies. Many Irish Catholics were transported to territories in the new overseas empire by the English authorities in Ireland, while Scottish Presbyterians were encouraged to replace them in regions such as Ulster. The records of the surrender of lands for the development of plantations in Ulster can be found in E 164, and related material for suppression of rebellion in Ireland in SP 9, SP 46 and SP 64. Barbados came to be commonly used by Britain as a base for transporting Irish slaves to serve on the plantations.

Among a series of expulsions between the late fifteenth and sixteenth centuries were Jews and Muslims from Spain. These two communities found refuge mainly in other territories around the Mediterranean basin, such as North Africa, Southern Europe and the Middle East. The social tensions were encapsulated by the physical and social restraints imposed by aljama, or ghetto, into which Jews were expected to restrict their social contact. The Jews had been expelled from England by royal decree during the thirteenth century, but allowed to return and settle during in the seventeenth century at the time of Cromwell. The peripatetic history of the Jews explains their predilection to trade, commerce and banking, occupations suitable to people whose safety depends on their ability to move quickly from place to place, living in the shadow of discrimination. There are papers related to the later phases of the expulsion and rebellion of Iberian Muslims or Moriscos among the State Papers Portugal in SP 89 and State Papers Spain SP 94.

During the seventeenth century there were fresh waves of religious refugees. The Thirty Years War was centred on Germany and the Hapsburg kingdoms but also involved France, England and Sweden, creating refugees from political and religious oppression. The Edict of Nantes of 1598 in France had ensured toleration to Catholics and Huguenots and brought the period of religious wars to a close. However, under the Catholic Louis XIV, the Edict was revoked and many Huguenots were persecuted, found themselves without employment and homeless, leaving France for refuge in Switzerland, England, Holland, Germany and North America. Some of the Huguenot who were cloth workers and skilled in silk weaving arrived in England, known for its wealthy cloth industry, settled in places such as Spitalfields and Norwich, founded new industries and prospered.

Registers of the Walloon and French Huguenots churches can be found in RG 4. Some registers of the German church in London can also be found in RG 4. These records are available to download from BMDRegisters, and access is free on site at The National Archives. Lists of German protestant refugees from the Rhineland Palatinate can be found in T 1. The American and French Revolutionary Wars and Napoleonic Wars brought new waves of refugees, American, French, Spanish, Corsican, Polish and Dutch. There are papers in AO 1, PC 1, FO 95 and T 90 related to receiving refugees and relief payments. The Treasury Pay Lists in T 50 include French émigrés 1789-1815. There are other French émigré papers in FO 95, HO 69 and PC 1, related to those émigrés serving with British forces.

3. Refugees, minorities and the Balkan Wars

The major European transmigrations of refugees during the twentieth century date from the disintegration of the Ottoman Empire, and awakening nationalism within territories over which it once ruled. The movements for nationalism in the region led in 1912 to the first Balkan War in which Turkey lost almost all her territory in Europe, retaining Constantinople and a small region around the ancient city. The Second Balkan War broke out in 1913 arising from competing Greek and Bulgarian nationalism. The outbreak of the First World War in 1914 further complicated an existing conflict, with Greece and Serbia joining the Allied Powers (Britain, France and Russia) and Bulgaria and Turkey joining forces with the Central Powers (Germany and Austria). The indigenous populations caught up in the escalating war were victims of the changing fortunes of the major powers and their clients, and were themselves perpetrators or victims in turn as fortunes changed. There are papers related to Ottoman Turkey in FO 78, FO 195, FO 421 and FO 424.

The extensive migratory movements had become a feature of the region during the period of the Second Balkan War, with hundreds of thousands of people forced to move in response to territorial realignments. The territorial boundaries imposed by the Allies on the defeated states such as Turkey created further difficulties. The desire of the politicians at the Paris Peace Conference in 1919 was to achieve a political settlement that would ensure lasting peace. Among a number of measures imposed upon the region by the Allies was the enforced emigration of peoples to territories with which they had an ethnic, religious or political connection, within which they may not experience discrimination and expect some degree of security. The Treaty signed at Neuilly-sur-Seine on 27 November 1919 aimed at an enforced settlement along ethnic, religious and nationalist lines.

4. Belgian refugees

The First World War brought a new wave of refugees. The numbers of homeless refugees from Belgium amounted to some 200,000 and led the government to set up the War Refugees Committee to address the situation. The relevant policy Cabinet papers can be found in CAB 37. The papers related to the legal status of the Belgian refugees under the Aliens Restriction Order, Belgian refugee seamen and repatriation can be found in HO 45. The papers related to arrangements made for the Belgian refugees by the War Refugees Committee can be found in MH 8 and RG 20.

5. European minorities between the two World Wars

During the inter-war years as new national boundaries emerged, some minorities were made insecure and vulnerable to persecution. The treatment of minorities in some central European states was observed among reports and papers in FO 371 and FO 800. Within the new Czechoslovak republic there were Hungarian minorities who were resented and politically ostracised, while Czechs and Slovaks had been treated similarly within the old Austro-Hungarian Empire. The racial mixture within Czechoslovakia appears to have contributed to suspicion of the new state within Europe. Among the Foreign Office papers there appears adverse reports by British and indirectly other European diplomats. Similar reports included other European states that had been created in the aftermath of the First World War. There are copies of the League of Nations' Bulletin of Information on the Work of International Organisations that included information about the Congress of European Nationalities in FO 371.

Substantial European minorities such as Czechs, Slovenes, Croats, Serbs, Germans, Poles, Hungarians, Greeks, Albanians, Russians were living in variously Czechoslovakia, Yugoslavia, Poland, Lithuania, Estonia, Latvia, and Poland. Reports related to the Minorities Treaty of 1923 which aimed to address issues related to European minorities, can be found in FO 286. Papers related to the policy of De-Germanification of pre-WW1 land rights of German settlers in Poland, and decisions made in favour of the German settlers by the Permanent Court of International Justice can be found in FO 286.

6. Irish and Spanish Civil Wars

The Civil War in the Irish Free State led to refugees arriving in Britain. The Irish Grants Committee (formerly Irish Distress Committee) was established in 1922 and charged with making recommendations to assist Irish refugees. The committee papers can be found in CO 762. The correspondence related to the Compensation Committee can be found in CO 905. The refugees created by the Spanish Civil War included people of the Basque region who were received into Britain in the 1930s. The Cabinet Committee papers related to the Basque refugees can be found in CAB 25. There are also papers in FO 371.

7. Refugees from Eastern Europe

The emergence of the new Europe in the aftermath of the First World War and revolutions in Germany and Russia brought waves of anti-Semitism. The pogroms against Jews swept across the Ukraine and neighbouring regions and involved widespread genocide. The numbers of Jewish refugees alone may have reached some two hundred thousands between 1918 and 1919, resulting in an exodus into states to the west of Russia. The Russian Revolution created hardship for minorities including Jews and many escaped into Western Europe, into Poland, Germany, France, Britain, and beyond, to the United States. The ghettos of Warsaw provided temporary safety until the Nazi invasion of Poland in 1939, when many Jews were shot and transported to extermination camps.

Among Jews reaching Britain, records of individual Jews and their families may be found among the naturalisation records in HO 45, HO 144 and HO 334. Alien's registers and certificates are in HO 2 and HO 3 and can be searched for on the Ancestry website by name of alien, date and port of arrival and country/place of origin. The records can also be downloaded.

The inward ships' passenger lists in BT 26 contain the names of individuals traveling to Britain mainly from outside Europe, although ships occasionally visited European ports on their way to Britain and picked up passengers. The passenger lists of outward-bound ships in BT 27 hold the names of people leaving Britain for the United States and other places outside Europe.

BT 27 records can be accessed by name, ship, ports of departure and destination and date of departure from the ancestorsonboard website. Access is free when you visit The National Archives, Kew.

The records of the Ellis Island Foundation may be useful in searching for individuals who reached the United States in the period immediately after the First World War. The need for some international agency to deal with the plight of refugees and settle disputes between states was one of the driving forces behind the creation of the League of Nations in 1921. There is correspondence related to the League of Nations in FO 371 while Cabinet responsibilities in relation to the League can be found in CAB 21, CAB 23, and CAB 104.

The League of Nations' responsibilities for refugee employment, migration and settlement were transferred in 1924 from the League to the International Labour Organisation (ILO). There are correspondence and papers related to the efforts of the Board of Deputies and its approaches to the Home Office in securing naturalisation and fighting deportation against Jewish refugees in Britain and their conditions of asylum in HO 45.

8. Refugees from Nazi Germany

The coming to power in 1933 of National Socialism (Nazis) in Germany and introduction of a series of 'Germanification' laws made the Jews and other minorities within Germany stateless. Many Jews were rounded up and sent to concentration camps, many failed to survive persecution. Many Jews left Germany and sought refuge abroad, including Britain and the Middle East. The British practiced a so-called 'half-open door' policy whereby Jewish relief organisations ensured that Jewish refugees would not become a burden on public funds. The British authorities' attitude relaxed dramatically following events of 1938 (Kristallnacht or 'Crystal Night') in which Jewish homes and businesses were burned, whereby many Jewish refugees were allowed into Britain without undue hindrance.

The practical measures needed to be taken to assist refugees were addressed by the Committee on the Refugee Problem in CAB 98. Some correspondence with the Prime Minister related to German Jewish refugees can be found in PREM 1. Possible settlement of Jewish refugees in British colonies, such as British Honduras (1939, 1940) and Hong Kong (1935) can be found in CO 123. Some Jews went on to settle in foreign countries such as Brazil. Possible resettlement of German Jewish refugees (1938, 1939) can be found in CO 83 and Jewish refugees considered for Cyprus (1939) can be found in CO 67, and for East Africa in CO 323. Papers related to Jewish immigration into Palestine, relief for Jews in liberated territory and the Jewish Conference at Hohne 1945 can be found in FO 371, and the 1946 London Conference on Palestine with Arab and Jewish delegations in FO 371 and CO 537. Deportation of refugees as illegal immigrants related to Palestine in 1945 can be found in CO 733. Some refugees experienced internment as enemy aliens during the Second World War and information about such internees can be found in HO 213 to HO 215.

Many Jewish and non-Nazi German scientists and artists arrived Britain from Germany. The 'Law for Reconstitution of the German Civil Service' (Gesetz zur Wiederherstellung des Berufsbeaumtentum) was introduced on 7 April 1933 aimed at expelling Jews and non-Nazis from the civil service. Some thousands of individuals were affected, their careers destroyed with almost no prospect of finding other work. Discussion on receiving German refugee scientists and artists can be found in CAB 21 and CAB 27. The physicist Albert Einstein was deprived of his German nationality in 1934 following confiscation of his property and CAB 21/381 mentions the possibility of him being invited to Britain. The necessity for internment of refugees of German and Italian origin was discussed by the War Cabinet and within the Foreign Office, relevant papers can be found in CAB 65 and FO 371 respectively. After the Anschluss (union) with Austria in 1938 there were also refugees from Austria, including some communists. Personal files compiled by the British security services on such individuals can be found in KV 2.

During the Second World War, many European refugees from Nazi occupied territories (including British nationals living abroad) arrived in Britain and were resettled in London and the regions (including Merseyside, Clyde and Belfast). Some had contracted infectious diseases and were treated under the Emergency Medical Services Scheme. The London Metropolitan Archives holds the relevant papers for London and the Home Counties including lists of individuals treated under the Scheme.

9. Italian refugees

The repatriation of Italian refugees from Libya in 1945, from Egypt in 1944 and East Africa in 1946, and those admitted into Venezuela in 1949, is touched upon in FO 371. There are also reports on Italian refugees from Libya in FO 1086, including from Eritrea and Somalia. The policy and treatment of Italian refugees by the Papacy is among reports in FO 380.

Reports on the position taken by the Papacy towards Germany and its treatment of the Jews, and persecution of Jews and other minorities in Italy and abroad before and during the Second World War can be found in FO 380. Reports and papers related to meetings between British officials and the Pope and possible Papal intervention in favour of the Jews can be found in FO 371. Reports related to the situation of Italian Jews can be found in CAB 23 and in FO 371, including correspondence with the World Jewish Congress for using the Swiss to assist Italian Jewish refugees during World War Two. There are papers in FO 371 concerning attempts to rescue Jewish refugees from transportation in Vichy France.

10. The Middle East

The situation in Palestine posed a dilemma for Britain. The aspiration of Palestinian (Arab) nationalism was in conflict with the desire of indigenous and migrant Jews for a national homeland. Following the emergence of National Socialism in Germany under Hitler, many Jews became stateless and as refugees sought safety in Palestine, increasing their numbers and challenging the predominance of the Palestinian Arabs. A Mandatory Power in Palestine Britain under the Balfour Declaration guaranteed in Palestine a national homeland for the Jews while recognising the rights of Palestinians. The policy papers on the Palestine question can be found among the papers of the Cabinet Office, Prime Minister's Office, Foreign Office, Colonial Office and War Office. Among key committees were the Evacuation of Refugees from the Middle East in 1942, (see CAB 78) and the Committee on the Reception and Accommodation of Refugees 1943-1945 (see CAB 95). The records of British administration in Palestine are in CO 733, CO 742 and CO 765.

The Prime Minister's Papers contain information about Palestine and the refugee situation during the Second World War and can be found in PREM 1 and PREM 4. The series includes relevant papers on illegal entry, arrangements for entry, Anglo-American Conference of 1943, possible reception of refugees into Libya and the Inter-Government Committee on Refugees. Reports from British diplomatic staff on Italian proposals (under Mussolini) for a Jewish state in Ethiopia in 1936 can be found in FO 371.

The United Nations General Assembly passed the Partition Resolution for Palestine in December 1947, followed by hostilities between Arabs and Jews. During this period Jews established for themselves the state of Israel and as a consequence Arabs in the region became stateless. Many Palestinian refugees were received by a number of Arab states, notably Transjordan and Egypt, also Lebanon, Syria and Iraq. The Arab states believed that arrangements for the refugees would be temporary, as the new state of Israel would not survive. Some of the Arab states such as Transjordan experienced serious difficulties accommodating the refugees. The numbers of Palestinian refugees increased in the following years. Many detailed reports to the Foreign Office in London by British officials in the region can be found in FO 371.

11. Polish refugees and resettlement

Britain received many Polish refugees after Germany invaded Poland in 1939 and many Poles were recruited into the British armed forces during the Second World War. Eastern Poland had also been overrun by the Soviet Union in 1939 at the time of the Nazi-Soviet Pact, and many Poles were displaced. After Hitler invaded Russia and following the negotiations between Sikorski and Stalin in July 1941, Polish refugees were released from Soviet labour camps and ghettos and could be recruited into the Polish army on the side of the Allies. Some units eventually ended up in the Middle East. But the agreement was effectively void by the middle of 1942 following the death of General Sikorski and recruitment and release of Poles within the Soviet Union became difficult.

Many Poles who had been prisoners of war under the Germans eventually found their way into Polish units and fought with the Allies (including RAF units involved with the Battle of Britain). Details on receiving refugees and military recruitment can be found in FO 371 and WO 32. After the Second World War, Britain agreed to Polish resettlement within Britain, and records can be found in FO 371, HO 213, CAB 129. Disposal of Polish refugees in East Africa 1949-1950 can be found in CO 822. Debates about Polish resettlement can be found among the Parliamentary Papers (Hansard) and reports in copies of national newspapers, such as The Times. Memoranda on Polish Resettlement are available at Kew.

12. 'Cold War' refugees

From 1945 Britain received refugees from countries in Eastern Europe and other regions around the world affected by the 'Cold War'. Many refugees granted asylum may have taken British nationality and relevant certificates and papers that survive can be found in HO 334, HO 45 and HO 144. Home Office papers related to Aliens can be found in HO 213. Papers related to refugees from the Hungarian uprising of 1957-1958 can be found in HO 294, HO 352, HO 362, HO 382, and refugees from Czechoslovakia in 1947-1948 and 1968 are in FO 371, HO 213, HO 352, and also T 210, T 312. Documents relating to refugees arriving in West Berlin can be found in FO 95. Some files on refugees and defectors from the East can be found in FO 1110.

There are papers related to the maintenance of Hungarian refugees in AST 7 and their employment in LAB 8. The Czechoslovak Refugee Trust records are in HO 294. Much of the correspondence related to refugees from countries outside the Commonwealth may generally be found in HO 371, while it may also be useful to search within series related to country of origin. Records related to displaced persons and refugees from China into Hong Kong during the 1950s can be found in CO 537, CO 1030 and CO 1030. The series CO 1030 includes papers related to refugees from Vietnam. Papers related to (South African and British) refugees in East Africa during the 1950s and 1960s can be found in CO 537 and CO 822.

Information related to British refugees from Iraq 1959-1969 can be found in HO 297, and Anglo-Egyptian refugees at the time of the Suez Crisis of 1957 in HO 297. Papers related to the Persian Gulf and responsibilities of the India Office and Foreign Office are in FO 1016. The policy of the British government on political refugees within the Commonwealth can be found among papers in CO 1048. The Geneva Convention on the Status of Refugees of 1951 can be found in HO 352. The international machinery for dealing with refugees is discussed in CO 968.

13. Commonwealth refugees and minorities

There are various sources related to refugees involving the Commonwealth among the Foreign and Commonwealth Office series and earlier Colonial Office series. These involve Commonwealth refugees and Commonwealth states receiving refugees from states outside the Commonwealth. United Nations High Commissioner for Refugees Executive Committee reports can be found in FCO 61, as can papers related to the Intergovernmental Committee for European Migration. The papers of the United Kingdom committee for the European campaign for world refugees in 1967 and 1968 are in FCO 17. Some reports in FCO 61 relate to refugees from China, Mongolia and Tibet in Asia and Sudan, French Somaliland, Ethiopia, Eritrea, Zambia, Swaziland and Mozambique in Africa.

The series FCO 7 includes alleged political refugees from the Bahamas. The papers related to the change in status of many Ugandans of Indian origin and arrangements for their reception and naturalisation in Britain in the 1970s can be found in FO 93. The reports, minutes and papers related to the Ugandan Relief Trust 1972-1974 can be found in HO 289. Some FCO series such as FCO 29 and FCO 45 contain papers related to Rhodesian and South African refugees. The situation in Rhodesia is also documented in PREM 16. FCO 50 relates to refugees from East Africa.

14. Refugees from outside the Commonwealth

Britain agreed to accept a quota of refugees from Vietnam. The minutes, correspondence and papers of the joint committee with responsibility for the reception and resettlement of refugees from Indo China including principally Vietnam (Peterson Committee) and its advisory council 1978-1982 can be found in BS 18. There were a number of representative organisations involved including Save the Children and the British Council. The joint committee provided a model for future arrangements of a large-scale refugee intake while the papers include recommendations for such future arrangements. There are also papers related to Vietnam refugees in FCO 15 and FCO 40.

Correspondence relating to refugees from Argentina and Chille in the 1970s can be found in FCO 7, while FCO 9 and FCO 50 document British government policy toward refugees from Cyprus during the same period.

15. Minorities in Britain

The administration of refugees, aliens, internees and deportees within Britain during the twentieth century was dealt with by the Home Office, while some relevant papers can be found in HO 45 and HO 144. The categories under which they are arranged up until 1920 are 'Aliens', 'Nationality' and 'War', and can be found in HO 45 and HO 144, and from 1920 under 'Aliens Department' in HO 213. Papers relating to the issue of accommodation of refugees and ethnic minorities in Britain can be found in amongst the papers of the Ministry of Housing and Local Government in HLG 118 and in the Treasury Papers series T 353. The registration and certification of British nationality can be found in HO 334 and alien's refugee cards in MEPO 35.

The treatment of minorities in Britain including homosexual, religious and racial communities can be found among Home Office papers, some relevant series include HO 45, HO 213, HO 265, HO 291, HO 344 and also MH 152 and PREM 16. Among War Office papers there is relevant material in WO 93 on the treatment of homosexuals in the armed services. The committee papers of the various working parties and select committees on race relations can be found in HO 332, HO 344, HO 376 and BN 13. Papers relating to the issue of education of children from ethnic minority backgrounds can be found in ED 282. Government guidance in the early 21st Century on refugees and asylum seekers and work can be found amongst the papers of the Department of Employment in LAB 29/781.

16. Further reading

Anna C Bramwell (editor), Refugees In The Age of Total War (Unwin Hyman, 1988).

Ian Forbes and Mark Hoffman (editors), Political Theory, International Relations and the Ethics of Intervention (Macmillan, 1993).

Roger Kershaw, Family History on the Move: Where your Ancestors Went and Why (The National Archives, 2006).

Roger Kershaw, Migration records: a guide for family historians (The National Archives, 2009) - Available to buy.

Roger Kershaw and Mark Pearsall, Immigrants and Aliens. A guide to sources on UK immigration and citizenship (Public Record Office Readers, 2000).

Tony Kushner and Katherine Knox, Refugees in the Age of Genocide. Global, National and Local Perspectives During the Twentieth Century (Frank Cass, 1999).