Posted by: birdsongslaw | August 24, 2008

1951 Convention and 1967 Protocol for Protection of Refugees

This post is for use by students in Prof. Birdsong’s Refugee Law Seminar.

 

CONVENTION

RELATING TO THE STATUS OF REFUGEES

PREAMBLE

CONSIDERING that the Charter of the United Nations and the Universal

Declaration of Human Rights approved on 10 December 1948 by the

General Assembly have affirmed the principle that human beings shall

enjoy fundamental rights and freedoms without discrimination,

CONSIDERING that the United Nations has, on various occasions, manifested

its profound concern for refugees and endeavoured to assure

refugees the widest possible exercise of these fundamental rights and

freedoms,

CONSIDERING that it is desirable to revise and consolidate previous international

agreements relating to the status of refugees and to extend the

scope of and protection accorded by such instruments by means of a new

agreement,

CONSIDERING that the grant of asylum may place unduly heavy burdens

on certain countries, and that a satisfactory solution of a problem of

which the United Nations has recognized the international scope and

nature cannot therefore be achieved without international co-operation,

EXPRESSING the wish that all States, recognizing the social and humanitarian

nature of the problem of refugees, will do everything within their

power to prevent this problem from becoming a cause of tension between

States,

NOTING that the United Nations High Commissioner for Refugees is

charged with the task of supervising international conventions providing

for the protection of refugees, and recognizing that the effective

co-ordination of measures taken to deal with this problem will depend

upon the co-operation of States with the High Commissioner,

HAVE AGREED as follows:

THE HIGH CONTRACTING PARTIES,

— 16 —

Article 1

DEFINITION OF THE TERM “REFUGEE”

A. For the purposes of the present Convention, the term “refugee” shall

apply to any person who:

(1) Has been considered a refugee under the Arrangements of 12

May 1926 and 30 June 1928 or under the Conventions of 28

October 1933 and 10 February 1938, the Protocol of 14 September

1939 or the Constitution of the International Refugee Organization;

Decisions of non-eligibility taken by the International Refugee

Organization during the period of its activities shall not prevent

the status of refugee being accorded to persons who fulfil the

conditions of paragraph 2 of this section;

(2) As a result of events occurring before 1 January 1951 and 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.

In the case of a person who has more than one nationality, the

term “the country of his nationality” shall mean each of the

countries of which he is a national, and a person shall not be

deemed to be lacking the protection of the country of his nationality

if, without any valid reason based on well-founded fear, he

has not availed himself of the protection of one of the countries

of which he is a national.

B. (1) For the purposes of this Convention, the words “events occurring

CHAPTER I: General Provisions

— 17 —

before 1 January 1951” in article 1, section A, shall be understood to

mean either

(a) “events occurring in Europe before 1 January 1951”; or

(b) “events occurring in Europe or elsewhere before 1 January

1951”, and each Contracting State shall make a declaration at the

time of signature, ratification or accession, specifying which of

these meanings it applies for the purpose of its obligations under

this Convention.

(2) Any Contracting State which has adopted alternative (a) may at

any time extend its obligations by adopting alternative (b) by

means of a notification addressed to the Secretary-General of the

United Nations.

C . 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; or

(2) Having lost his nationality, he has voluntarily re-acquired it, or

(3) He has acquired a new nationality, and enjoys the protection of

the country of his new nationality; or

(4) He has voluntarily re-established himself in the country which he

left or outside which he remained owing to fear of persecution;

or

(5) He can no longer, because the circumstances in connexion with

which he has been recognized as a refugee have ceased to exist,

continue to refuse to avail himself of the protection of the country

of his nationality;

Provided that this paragraph shall not apply to a refugee falling

under section A(1) of this article who is able to invoke compelling

reasons arising out of previous persecution for refusing to avail

himself of the protection of the country of nationality;

(6) Being a person who has no nationality he is, because of the circumstances

in connexion with which he has been recognized as a

refugee have ceased to exist, able to return to the country of his

former habitual residence;

Provided that this paragraph shall not apply to a refugee falling

— 18 —

under section A (1) of this article who is able to invoke compelling

reasons arising out of previous persecution for refusing to return to

the country of his former habitual residence.

D. This Convention shall not apply to persons who are at present receiving

from organs or agencies of the United Nations other than the

United Nations High Commissioner for Refugees protection or assistance.

When such protection or assistance has ceased for any reason, without

the position of such persons being definitively settled in accordance

with the relevant resolutions adopted by the General Assembly of the

United Nations, these persons shall ipso facto be entitled to the benefits

of this Convention.

E . This Convention shall not apply to a person who is recognized by

the competent authorities of the country in which he has taken residence

as having the rights and obligations which are attached to the

possession of the nationality of that country.

F. 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.

Article 2

GENERAL OBLIGATIONS

Every refugee has duties to the country in which he finds himself, which

require in particular that he conform to its laws and regulations as well as

to measures taken for the maintenance of public order.

— 19 —

Article 3

NON-DISCRIMINATION

The Contracting States shall apply the provisions of this Convention to

refugees without discrimination as to race, religion or country of origin.

Article 4

RELIGION

The Contracting States shall accord to refugees within their territories

treatment at least as favourable as that accorded to their nationals with

respect to freedom to practice their religion and freedom as regards the

religious education of their children.

Article 5

RIGHTS GRANTED APART FROM THIS CONVENTION

Nothing in this Convention shall be deemed to impair any rights and benefits

granted by a Contracting State to refugees apart from this Convention.

Article 6

THE TERM “IN THE SAME CIRCUMSTANCES”

For the purposes of this Convention, the term “in the same circumstances”

implies that any requirements (including requirements as to length and

conditions of sojourn or residence) which the particular individual would

have to fulfil for the enjoyment of the right in question, if he were not a

refugee, must be fulfilled by him, with the exception of requirements

which by their nature a refugee is incapable of fulfilling.

Article 7

EXEMPTION FROM RECIPROCITY

1. Except where this Convention contains more favourable provisions,

a Contracting State shall accord to refugees the same treatment as is ac

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corded to aliens generally.

2. After a period of three years’ residence, all refugees shall enjoy exemption

from legislative reciprocity in the territory of the Contracting States.

3 . Each Contracting State shall continue to accord to refugees the rights

and benefits to which they were already entitled, in the absence of reciprocity,

at the date of entry into force of this Convention for that State.

4. The Contracting States shall consider favourably the possibility of according

to refugees, in the absence of reciprocity, rights and benefits beyond

those to which they are entitled according to paragraphs 2 and 3,

and to extending exemption from reciprocity to refugees who do not fulfil

the conditions provided for in paragraphs 2 and 3.

5 . The provisions of paragraphs 2 and 3 apply both to the rights and benefits

referred to in articles 13, 18, 19, 21 and 22 of this Convention and to

rights and benefits for which this Convention does not provide.

Article 8

EXEMPTION FROM EXCEPTIONAL MEASURES

With regard to exceptional measures which may be taken against the

person, property or interests of nationals of a foreign State, the Contracting

States shall not apply such measures to a refugee who is formally

a national of the said State solely on account of such nationality. Contracting

States which, under their legislation, are prevented from

applying the general principle expressed in this article, shall, in appropriate

cases, grant exemptions in favour of such refugees.

Article 9

PROVISIONAL MEASURES

Nothing in this Convention shall prevent a Contracting State, in time of

war or other grave and exceptional circumstances, from taking provisionally

measures which it considers to be essential to the national security in

the case of a particular person, pending a determination by the Contracting

State that that person is in fact a refugee and that the continuance of such

measures is necessary in his case in the interests of national security.

— 21 —

Article 10

CONTINUITY OF RESIDENCE

1. Where a refugee has been forcibly displaced during the Second

World War and removed to the territory of a Contracting State, and is

resident there, the period of such enforced sojourn shall be considered

to have been lawful residence within that territory.

2. Where a refugee has been forcibly displaced during the Second World

War from the territory of a Contracting State and has, prior to the date of

entry into force of this Convention, returned there for the purpose of taking

up residence, the period of residence before and after such enforced

displacement shall be regarded as one uninterrupted period for any purposes

for which uninterrupted residence is required.

Article 11

REFUGEE SEAMEN

In the case of refugees regularly serving as crew members on board a ship

flying the flag of a Contracting State, that State shall give sympathetic

consideration to their establishment on its territory and the issue of travel

documents to them or their temporary admission to its territory particularly

with a view to facilitating their establishment in another country.

— 22 —

CHAPTER II: Juridical Status

Article 12

PERSONAL STATUS

1. The personal status of a refugee shall be governed by the law of the

country of his domicile or, if he has no domicile, by the law of the country

of his residence.

2 . Rights previously acquired by a refugee and dependent on personal

status, more particularly rights attaching to marriage, shall be respected

by a Contracting State, subject to compliance, if this be necessary, with

the formalities required by the law of that State, provided that the right

in question is one which would have been recognized by the law of that

State had he not become a refugee.

Article 13

MOVABLE AND IMMOVABLE PROPERTY

The Contracting States shall accord to a refugee treatment as favourable

as possible and, in any event, not less favourable than that accorded to

aliens generally in the same circumstances, as regards the acquisition of

movable and immovable property and other rights pertaining thereto,

and to leases and other contracts relating to movable and immovable

property.

Article 14

ARTISTIC RIGHTS AND INDUSTRIAL PROPERTY

In respect of the protection of industrial property, such as inventions,

designs or models, trade marks, trade names, and of rights in literary, artistic,

and scientific works, a refugee shall be accorded in the country in

which he has his habitual residence the same protection as is accorded to

— 23 —

nationals of that country. In the territory of any other Contracting State,

he shall be accorded the same protection as is accorded in that territory

to nationals of the country in which he has his habitual residence.

Article 15

RIGHT OF ASSOCIATION

As regards non-political and non-profit-making associations and trade

unions the Contracting States shall accord to refugees lawfully staying in

their territory the most favourable treatment accorded to nationals of a

foreign country, in the same circumstances.

Article 16

ACCESS TO COURTS

1. A refugee shall have free access to the courts of law on the territory

of all Contracting States.

2. A refugee shall enjoy in the Contracting State in which he has his

habitual residence the same treatment as a national in matters pertaining

to access to the Courts, including legal assistance and exemption

from cautio judicatum solvi.

3. A refugee shall be accorded in the matters referred to in paragraph

2 in countries other than that in which he has his habitual residence the

treatment granted to a national of the country of his habitual residence.

— 24 —

CHAPTER III: Gainful Employment

Article 17

WAGE-EARNING EMPLOYMENT

1. The Contracting State shall accord to refugees lawfully staying in

their territory the most favourable treatment accorded to nationals of a

foreign country in the same circumstances, as regards the right to engage

in wage-earning employment.

2 . In any case, restrictive measures imposed on aliens or the employment

of aliens for the protection of the national labour market shall not

be applied to a refugee who was already exempt from them at the date

of entry into force of this Convention for the Contracting State concerned,

or who fulfils one of the following conditions:

(a) He has completed three years’ residence in the country;

(b) He has a spouse possessing the nationality of the country of residence.

A refugee may not invoke the benefits of this provision if

he has abandoned his spouse;

(c) He has one or more children possessing the nationality of the

country of residence.

3. The Contracting States shall give sympathetic consideration to assimilating

the rights of all refugees with regard to wage-earning employment

to those of nationals, and in particular of those refugees who have entered

their territory pursuant to programmes of labour recruitment or

under immigration schemes.

Article 18

SELF-EMPLOYMENT

The Contracting States shall accord to a refugee lawfully in their territory

treatment as favourable as possible and, in any event, not less

favourable than that accorded to aliens generally in the same circum

25 —

stances, as regards the right to engage on his own account in agriculture,

industry, handicrafts and commerce and to establish commercial and

industrial companies.

Article 19

LIBERAL PROFESSIONS

1. Each Contracting State shall accord to refugees lawfully staying in

their territory who hold diplomas recognized by the competent authorities

of that State, and who are desirous of practicing a liberal profession,

treatment as favourable as possible and, in any event, not less

favourable than that accorded to aliens generally in the same circumstances.

2 . The Contracting States shall use their best endeavours consistently

with their laws and constitutions to secure the settlement of such refugees

in the territories, other than the metropolitan territory, for whose

international relations they are responsible.

— 26 —

CHAPTER IV: Welfare

Article 20

RATIONING

Where a rationing system exists, which applies to the population at large

and regulates the general distribution of products in short supply, refugees

shall be accorded the same treatment as nationals.

Article 21

HOUSING

As regards housing, the Contracting States, in so far as the matter is regulated

by laws or regulations or is subject to the control of public authorities,

shall accord to refugees lawfully staying in their territory treatment

as favourable as possible and, in any event, not less favourable than that

accorded to aliens generally in the same circumstances.

Article 22

PUBLIC EDUCATION

1. The Contracting States shall accord to refugees the same treatment as

is accorded to nationals with respect to elementary education.

2. The Contracting States shall accord to refugees treatment as favourable

as possible, and, in any event, not less favourable than that accorded

to aliens generally in the same circumstances, with respect to education

other than elementary education and, in particular, as regards access to

studies, the recognition of foreign school certificates, diplomas and degrees,

the remission of fees and charges and the award of scholarships.

Article 23

PUBLIC RELIEF

The Contracting States shall accord to refugees lawfully staying in their

territory the same treatment with respect to public relief and assistance

as is accorded to their nationals.

— 27 —

Article 24

LABOUR LEGISLATION AND SOCIAL SECURITY

1. The Contracting States shall accord to refugees lawfully staying in

their territory the same treatment as is accorded to nationals in respect

of the following matters:

(a) In so far as such matters are governed by laws or regulations or are

subject to the control of administrative authorities: remuneration,

including family allowances where these form part of remuneration,

hours of work, overtime arrangements, holidays with pay,

restrictions on home work, minimum age of employment, apprenticeship

and training, women’s work and the work of young persons,

and the enjoyment of the benefits of collective bargaining;

(b) Social security (legal provisions in respect of employment injury,

occupational diseases, maternity, sickness, disability, old age, death,

unemployment, family responsibilities and any other contingency

which, according to national laws or regulations, is covered by a

social security scheme), subject to the following limitations:

(i) There may be appropriate arrangements for the maintenance

of acquired rights and rights in course of acquisition;

(ii) National laws or regulations of the country of residence may

prescribe special arrangements concerning benefits or portions

of benefits which are payable wholly out of public funds, and

concerning allowances paid to persons who do not fulfil the

contribution conditions prescribed for the award of a normal

pension.

2. The right to compensation for the death of a refugee resulting from

employment injury or from occupational disease shall not be affected by

the fact that the residence of the beneficiary is outside the territory of

the Contracting State.

3 . The Contracting States shall extend to refugees the benefits of agreements

concluded between them, or which may be concluded between

them in the future, concerning the maintenance of acquired rights and

rights in the process of acquisition in regard to social security, subject

only to the conditions which apply to nationals of the States signatory

to the agreements in question.

4 . The Contracting States will give sympathetic consideration to ex

28 —

tending to refugees so far as possible the benefits of similar agreements

which may at any time be in force between such Contracting States and

non-contracting States.

— 29 —

CHAPTER V: Administrative Measures

Article 25

ADMINISTRATIVE ASSISTANCE

1. When the exercise of a right by a refugee would normally require the

assistance of authorities of a foreign country to whom he cannot have

recourse, the Contracting States in whose territory he is residing shall

arrange that such assistance be afforded to him by their own authorities

or by an international authority.

2 . The authority or authorities mentioned in paragraph 1 shall deliver

or cause to be delivered under their supervision to refugees such documents

or certifications as would normally be delivered to aliens by or

through their national authorities.

3 . Documents or certifications so delivered shall stand in the stead of

the official instruments delivered to aliens by or through their national

authorities, and shall be given credence in the absence of proof to the

contrary.

4 . Subject to such exceptional treatment as may be granted to indigent

persons, fees may be charged for the services mentioned herein, but such

fees shall be moderate and commensurate with those charged to nationals

for similar services.

5 . The provisions of this article shall be without prejudice to articles 27

and 28.

Article 26

FREEDOM OF MOVEMENT

Each Contracting State shall accord to refugees lawfully in its territory

the right to choose their place of residence to move freely within its territory,

subject to any regulations applicable to aliens generally in the

same circumstances.

— 30 —

Article 27

IDENTITY PAPERS

The Contracting States shall issue identity papers to any refugee in their

territory who does not possess a valid travel document.

Article 28

TRAVEL DOCUMENTS

1. The Contracting States shall issue to refugees lawfully staying in their

territory travel documents for the purpose of travel outside their territory,

unless compelling reasons of national security or public order otherwise

require, and the provisions of the Schedule to this Convention

shall apply with respect to such documents. The Contracting States may

issue such a travel document to any other refugee in their territory; they

shall in particular give sympathetic consideration to the issue of such a

travel document to refugees in their territory who are unable to obtain

a travel document from the country of their lawful residence.

2 . Travel documents issued to refugees under previous international

agreements by parties thereto shall be recognized and treated by the

Contracting States in the same way as if they had been issued pursuant

to this article.

Article 29

FISCAL CHARGES

1. The Contracting States shall not impose upon refugees duties, charges

or taxes, of any description whatsoever, other or higher than those which

are or may be levied on their nationals in similar situations.

2 . Nothing in the above paragraph shall prevent the application to refugees

of the laws and regulations concerning charges in respect of the

issue to aliens of administrative documents including identity papers.

— 31 —

Article 30

TRANSFER OF ASSETS

1. A Contracting State shall, in conformity with its laws and regulations,

permit refugees to transfer assets which they have brought into its

territory, to another country where they have been admitted for the

purposes of resettlement.

2 . A Contracting State shall give sympathetic consideration to the application

of refugees for permission to transfer assets wherever they may

be and which are necessary for their resettlement in another country to

which they have been admitted.

Article 31

REFUGEES UNLAWFULLY IN THE COUNTRY OF REFUGE

1. The Contracting States shall not impose penalties, on account of

their illegal entry or presence, on refugees who, coming directly from a

territory where their life or freedom was threatened in the sense of

article 1, enter or are present in their territory without authorization,

provided they present themselves without delay to the authorities and

show good cause for their illegal entry or presence.

2 . The Contracting States shall not apply to the movements of such refugees

restrictions other than those which are necessary and such restrictions

shall only be applied until their status in the country is regularized

or they obtain admission into another country. The Contracting States

shall allow such refugees a reasonable period and all the necessary facilities

to obtain admission into another country.

Article 32

EXPULSION

1. The Contracting States shall not expel a refugee lawfully in their territory

save on grounds of national security or public order.

2 . The expulsion of such a refugee shall be only in pursuance of a decision

reached in accordance with due process of law. Except where

compelling reasons of national security otherwise require, the refugee

— 32 —

shall be allowed to submit evidence to clear himself, and to appeal to

and be represented for the purpose before competent authority or a

person or persons specially designated by the competent authority.

3 . The Contracting States shall allow such a refugee a reasonable period

within which to seek legal admission into another country. The Contracting

States reserve the right to apply during that period such internal

measures as they may deem necessary.

Article 33

PROHIBITION OF EXPULSION OR RETURN (“REFOULEMENT”)

1. No Contracting State shall expel or return (“refouler”) a refugee in

any manner whatsoever to the frontiers of territories where his life or

freedom would be threatened on account of his race, religion, nationality,

membership of a particular social group or political opinion.

2 . The benefit of the present provision may not, however, be claimed

by a refugee whom there are reasonable grounds for regarding as a danger

to the security of the country in which he is, or who, having been

convicted by a final judgment of a particularly serious crime, constitutes

a danger to the community of that country.

Article 34

NATURALIZATION

The Contracting States shall as far as possible facilitate the assimilation

and naturalization of refugees. They shall in particular make every effort

to expedite naturalization proceedings and to reduce as far as possible

the charges and costs of such proceedings.

— 33 —

CHAPTER VI: Executory and Transitory Provisions

Article 35

CO-OPERATION OF THE NATIONAL AUTHORITIES WITH THE UNITED NATIONS

1. The Contracting States undertake to co-operate with the Office of the

United Nations High Commissioner for Refugees, or any other agency of

the United Nations which may succeed it, in the exercise of its functions,

and shall in particular facilitate its duty of supervising the application of

the provisions of this Convention.

2. In order to enable the Office of the High Commissioner or any other

agency of the United Nations which may succeed it, to make reports to

the competent organs of the United Nations, the Contracting States undertake

to provide them in the appropriate form with information and

statistical data requested concerning:

(a) the condition of refugees,

(b) the implementation of this Convention, and

(c) laws, regulations and decrees which are, or may hereafter be, in

force relating to refugees.

Article 36

INFORMATION ON NATIONAL LEGISLATION

The Contracting States shall communicate to the Secretary-General of

the United Nations the laws and regulations which they may adopt to

ensure the application of this Convention.

Article 37

RELATION TO PREVIOUS CONVENTIONS

Without prejudice to article 28, paragraph 2, of this Convention, this

Convention replaces, as between parties to it, the Arrangements of 5

July 1922, 31 May 1924, 12 May 1926, 30 June 1928 and 30 July

1935, the Conventions of 28 October 1933 and 10 February 1938, the

Protocol of 14 September 1939 and the Agreement of 15 October 1946.

— 34 —

CHAPTER VII: Final Clauses

Article 38

SETTLEMENT OF DISPUTES

Any dispute between parties to this Convention relating to its interpretation

or application, which cannot be settled by other means, shall be

referred to the International Court of Justice at the request of any one

of the parties to the dispute.

Article 39

SIGNATURE, RATIFICATION AND ACCESSION

1. This Convention shall be opened for signature at Geneva on 28 July

1951 and shall thereafter be deposited with the Secretary-General of the

United Nations. It shall be open for signature at the European Office of

the United Nations from 28 July to 31 August 1951 and shall be reopened

for signature at the Headquarters of the United Nations from 17

September 1951 to 31 December 1952.

2 . This Convention shall be open for signature on behalf of all States

Members of the United Nations, and also on behalf of any other State

invited to attend the Conference of Plenipotentiaries on the Status of

Refugees and Stateless Persons or to which an invitation to sign will

have been addressed by the General Assembly. It shall be ratified and the

instruments of ratification shall be deposited with the Secretary-General

of the United Nations.

3 . This Convention shall be open from 28 July 1951 for accession by

the States referred to in paragraph 2 of this article. Accession shall be

effected by the deposit of an instrument of accession with the Secretary-

General of the United Nations.

— 35 —

Article 40

TERRITORIAL APPLICATION CLAUSE

1. Any State may, at the time of signature, ratification or accession, declare

that this Convention shall extend to all or any of the territories for

the international relations of which it is responsible. Such a declaration

shall take effect when the Convention enters into force for the State

concerned.

2 . At any time thereafter any such extension shall be made by notification

addressed to the Secretary-General of the United Nations and shall

take effect as from the ninetieth day after the day of receipt by the Secretary-

General of the United Nations of this notification, or as from the

date of entry into force of the Convention for the State concerned,

whichever is the later.

3 . With respect to those territories to which this Convention is not extended

at the time of signature, ratification or accession, each State concerned

shall consider the possibility of taking the necessary steps in order

to extend the application of this Convention to such territories,

subject, where necessary for constitutional reasons, to the consent of the

Governments of such territories.

Article 41

FEDERAL CLAUSE

In the case of a Federal or non-unitary State, the following provisions

shall apply:

(a) With respect to those articles of this Convention that come within

the legislative jurisdiction of the federal legislative authority, the obligations

of the Federal Government shall to this extent be the same

as those of Parties which are not Federal States;

(b)With respect to those articles of this Convention that come within

the legislative jurisdiction of constituent States, provinces or cantons

which are not, under the constitutional system of the federation,

bound to take legislative action, the Federal Government shall

bring such articles with a favourable recommendation to the notice

of the appropriate authorities of states, provinces or cantons at the

— 36 —

earliest possible moment.

(c) A Federal State Party to this Convention shall, at the request of

any other Contracting State transmitted through the Secretary-

General of the United Nations, supply a statement of the law and

practice of the Federation and its constituent units in regard to

any particular provision of the Convention showing the extent to

which effect has been given to that provision by legislative or other

action.

Article 42

RESERVATIONS

1. At the time of signature, ratification or accession, any State may

make reservations to articles of the Convention other than to articles 1,

3, 4, 16(1), 33, 36-46 inclusive.

2. Any State making a reservation in accordance with paragraph 1 of this

article may at any time withdraw the reservation by a communication to

that effect addressed to the Secretary-General of the United Nations.

Article 43

ENTRY INTO FORCE

1. This Convention shall come into force on the ninetieth day following

the day of deposit of the sixth instrument of ratification or accession.

2 . For each State ratifying or acceding to the Convention after the deposit

of the sixth instrument of ratification or accession, the Convention

shall enter into force on the ninetieth day following the date of deposit

by such State of its instrument or ratification or accession.

Article 44

DENUNCIATION

1. Any Contracting State may denounce this Convention at any time by

a notification addressed to the Secretary-General of the United Nations.

— 37 —

2 . Such denunciation shall take effect for the Contracting State concerned

one year from the date upon which it is received by the Secretary-

General of the United Nations.

3 . Any State which has made a declaration or notification under article

40 may, at any time thereafter, by a notification to the Secretary-General

of the United Nations, declare that the Convention shall cease to extend

to such territory one year after the date of receipt of the notification by

the Secretary-General.

Article 45

REVISION

1. Any Contracting State may request revision of this Convention at

any time by a notification addressed to the Secretary-General of the

United Nations.

2 . The General Assembly of the United Nations shall recommend the

steps, if any, to be taken in respect of such request.

Article 46

NOTIFICATIONS BY THE SECRETARY-GENERAL OF THE UNITED NATIONS

The Secretary-General of the United Nations shall inform all Members

of the United Nations and non-member States referred to in article 39:

(a) Of declarations and notifications in accordance with section B of

article 1;

(b) Of signatures, ratifications and accessions in accordance with article

39;

(c) Of declarations and notifications in accordance with article 40;

(d) Of reservations and withdrawals in accordance with article 42;

(e) Of the date on which this Convention will come into force in accordance

with article 43;

(f ) Of denunciations and notifications in accordance with article 44;

(g) Of requests for revision in accordance with article 45.

— 38 —

IN FAITH WHEREOF the undersigned, duly authorized, have signed this

Convention on behalf of their respective Governments,

DONE at Geneva, this twenty-eighth day of July, one thousand nine hundred

and fifty-one, in a single copy, of which the English and French

texts are equally authentic and which shall remain deposited in the archives

of the United Nations, and certified true copies of which shall be

delivered to all Members of the United Nations and to the non-member

States referred to in article 39.

— 39 —

SCHEDULE

Paragraph 1

1. The travel document referred to in article 28 of this Convention shall

be similar to the specimen annexed hereto.

2 . The document shall be made out in at least two languages, one of

which shall be English or French.

Paragraph 2

Subject to the regulations obtaining in the country of issue, children may

be included in the travel document of a parent or, in exceptional circumstances,

of another adult refugee.

Paragraph 3

The fees charged for issue of the document shall not exceed the lowest

scale of charges for national passports.

Paragraph 4

Save in special or exceptional cases, the document shall be made valid

for the largest possible number of countries.

Paragraph 5

The document shall have a validity of either one or two years, at the

discretion of the issuing authority.

— 40 —

Paragraph 6

1. The renewal or extension of the validity of the document is a matter for

the authority which issued it, so long as the holder has not established

lawful residence in another territory and resides lawfully in the territory

of the said authority. The issue of a new document is, under the same

conditions, a matter for the authority which issued the former document.

2. Diplomatic or consular authorities, specially authorized for the purpose,

shall be empowered to extend, for a period not exceeding six

months, the validity of travel documents issued by their Governments.

3 . The Contracting States shall give sympathetic consideration to renewing

or extending the validity of travel documents or issuing new documents

to refugees no longer lawfully resident in their territory who are

unable to obtain a travel document from the country of their lawful residence.

Paragraph 7

The Contracting States shall recognize the validity of the documents issued

in accordance with the provisions of article 28 of this Convention.

Paragraph 8

The competent authorities of the country to which the refugee desires

to proceed shall, if they are prepared to admit him and if a visa is required,

affix a visa on the document of which he is the holder.

Paragraph 9

1. The Contracting States undertake to issue transit visas to refugees

who have obtained visas for a territory of final destination.

2. The issue of such visas may be refused on grounds which would justify

refusal of a visa to any alien.

— 41 —

Paragraph 10

The fees for the issue of exit, entry or transit visas shall not exceed the

lowest scale of charges for visas on foreign passports.

Paragraph 11

When a refugee has lawfully taken up residence in the territory of another

Contracting State, the responsibility for the issue of a new document,

under the terms and conditions of article 28, shall be that of the

competent authority of that territory, to which the refugee shall be entitled

to apply.

Paragraph 12

The authority issuing a new document shall withdraw the old document

and shall return it to the country of issue if it is stated in the document

that it should be so returned; otherwise it shall withdraw and cancel the

document.

Paragraph 13

1. Each Contracting State undertakes that the holder of a travel document

issued by it in accordance with article 28 of this Convention shall be readmitted

to its territory at any time during the period of its validity.

2. Subject to the provisions of the preceding sub-paragraph, a Contracting

State may require the holder of the document to comply with such

formalities as may be prescribed in regard to exit from or return to its

territory.

3 . The Contracting States reserve the right, in exceptional cases, or in

cases where the refugee’s stay is authorized for a specific period, when

issuing the document, to limit the period during which the refugee may

return to a period of not less than three months.

— 42 —

Paragraph 14

Subject only to the terms of paragraph 13, the provisions of this Schedule

in no way affect the laws and regulations governing the conditions

of admission to, transit through, residence and establishment in, and

departure from, the territories of the Contracting States.

Paragraph 15

Neither the issue of the document nor the entries made thereon determine

or affect the status of the holder, particularly as regards nationality.

Paragraph 16

The issue of the document does not in any way entitle the holder to the

protection of the diplomatic or consular authorities of the country of

issue, and does not confer on these authorities a right of protection.

— 43 —

ANNEX

SPECIMEN TRAVEL DOCUMENT

The document will be in booklet form (approximately 15 x 10 centimetres).

It is recommended that it be so printed that any erasure or alteration by

chemical or other means can be readily detected, and that the words

“Convention of 28 July 1951” be printed in continuous repetition on

each page, in the language of the issuing country.

___________________________________________________________________________

(Cover of booklet)

TRAVEL DOCUMENT

(Convention of 28 July 1951)

___________________________________________________________________________

N°. …………………………………………………..

(1)

TRAVEL DOCUMENT

(Convention of 28 July 1951)

This document expires on ………………………………………………………………………………………………………………………………….

unless its validity is extended or renewed.

Name ………………………………………………………………………………………………………………………………………………………………………………………………..

Forename(s) …………………………………………………………………………………………………………………………………………………………………………….

Accompanied by ………………………………………………………………………………………………………………. child (children).

1. This document is issued solely with a view to providing the holder

with a travel document which can serve in lieu of a national passport. It

is without prejudice to and in no way affects the holder’s nationality.

2. The holder is authorized to return to ……………………………………………………………………………………….

[state here the country whose authorities are issuing the document] on

or before ………………………………………………………………………………………………………………………………………………………………………………………

unless some later date is hereafter specified. [The period during which

the holder is allowed to return must not be less than three months.]

3 . Should the holder take up residence in a country other than that

which issued the present document, he must, if he wishes to travel

again, apply to the competent authorities of his country of residence for

— 44 —

a new document. [The old travel document shall be withdrawn by the

authority issuing the new document and returned to the authority which

issued it.](1)

(This document contains…………pages, exclusive of cover.)

___________________________________________________________________________

(2)

Place and date of birth …………………………………………………………………………………………………………………………………………….

Occupation……………………………………………………………………………………………………………………………………………………………………………….

Present residence ……………………………………………………………………………………………………………………………………………………………..

*Maiden name and forename(s) of wife ………………………………………………………………………………………….

…………………………………………………………………………………………………………………………………………………………………………………………………………………..

*Name and forename(s) of husband ……………………………………………………………………………………………………..

…………………………………………………………………………………………………………………………………………………………………………………………………………………..

Place and date

of birth

…………………………………………….

…………………………………………….

…………………………………………….

Name

…………………………………………….

…………………………………………….

…………………………………………….

Children accompanying holder

Forename(s)

…………………………………………….

…………………………………………….

…………………………………………….

Sex

………………………………

………………………………

………………………………

Description

Height……………………………………………………………………………………………………………….

Hair ……………………………………………………………………………………………………………………..

Colour of eyes ……………………………………………………………………………………….

Nose…………………………………………………………………………………………………………………….

Shape of face ……………………………………………………………………………………………

Complexion……………………………………………………………………………………………….

Special peculiarities …………………………………………………………………………

(1) The sentence in brackets to be inserted by Governments which so desire.

*Strike out whichever does not apply

(This document contains…………pages, exclusive of cover.)

— 45 —

___________________________________________________________

(3)

Photograph of holder and stamp of issuing authority

Finger-prints of holder (if required)

Signature of holder ……………………………………………………………………………………………………………………………………………………….

(This document contains…………pages, exclusive of cover.)

___________________________________________________________________________

(4)

1. This document is valid for the following countries: …………………………………………….

………………………………………………………………………………………………………………………………………………………………………………………………………..

………………………………………………………………………………………………………………………………………………………………………………………………………..

………………………………………………………………………………………………………………………………………………………………………………………………………..

………………………………………………………………………………………………………………………………………………………………………………………………………..

2. Document or documents on the basis of which the present document

is issued: …………………………………………………………………………………………………………………………………………………………..

………………………………………………………………………………………………………………………………………………………………………………………………………..

………………………………………………………………………………………………………………………………………………………………………………………………………..

………………………………………………………………………………………………………………………………………………………………………………………………………..

………………………………………………………………………………………………………………………………………………………………………………………………………..

Issued at ………………………………………………………………….

Date ………………………………………………………………………………

Signature and stamp of authority

issuing the document:

Fee paid:

(This document contains…………pages, exclusive of cover.)

___________________________________________________________________________

(5)

Extension or renewal of validity

Fee paid: From ………………………………………………………………………………….

— 46 —

To ……………………………………………

Done at ………………………………………………………… Date……………………………………….

Signature and stamp of authority

extending or renewing the validity

of the document:

________________

Extension or renewal of validity

Fee paid: From ………………………………………………………………………………….

To …………………………………………………………………………………………..

Done at ……………………………………………………………………………. Date…………………………………………………………………………………….

Signature and stamp of authority

extending or renewing the validity

of the document:

(This document contains…………pages, exclusive of cover.)

___________________________________________________________________________

(6)

Extension or renewal of validity

Fee paid: From ………………………………………………………………………………….

To …………………………………………………………………………………………..

Done at ……………………………………………………………………………. Date…………………………………………………………………………………….

Signature and stamp of authority

extending or renewing the validity

of the document:

________________

Extension or renewal of validity

Fee paid: From ………………………………………………………………………………….

To …………………………………………………………………………………………..

Done at ……………………………………………………………………………. Date…………………………………………………………………………………….

Signature and stamp of authority

extending or renewing the validity

— 47 —

of the document:

(This document contains…………pages, exclusive of cover.)

___________________________________________________________________________

(7-32)

Visas

The name of the holder of the document must be repeated in each

visa.

(This document contains……………pages, exclusive of cover.)

_______________

— 48 —

PROTOCOL RELATING TO THE STATUS OF REFUGEES

THE STATES PARTIES TO THE PRESENT PROTOCOL,

CONSIDERING that the Convention relating to the Status of Refugees done

at Geneva on 28 July 1951 (hereinafter referred to as the Convention)

covers only those persons who have become refugees as a result of

events occurring before 1 January 1951,

CONSIDERING that new refugee situations have arisen since the Convention

was adopted and that the refugees concerned may therefore not fall

within the scope of the Convention,

CONSIDERING that it is desirable that equal status should be enjoyed by all

refugees covered by the definition in the Convention irrespective of the

dateline 1 January 1951,

HAVE AGREED as follows:

Article I

GENERAL PROVISION

1. The States Parties to the present Protocol undertake to apply articles

2 to 34 inclusive of the Convention to refugees as hereinafter defined.

2. For the purpose of the present Protocol, the term “refugee” shall,

except as regards the application of paragraph 3 of this article, mean

any person within the definition of article 1 of the Convention as if the words

“As a result of events occurring before 1 January 1951 and …” “and the

words”… “a result of such events”, in article 1 A (2) were omitted.

3 . The present Protocol shall be applied by the States Parties hereto

without any geographic limitation, save that existing declarations made

by States already Parties to the Convention in accordance with article

— 49 —

1 B (1) (a) of the Convention, shall, unless extended under article 1 B (2)

thereof, apply also under the present Protocol.

Article II

CO-OPERATION OF THE NATIONAL AUTHORITIES

WITH THE UNITED NATIONS

1. The States Parties to the present Protocol undertake to co-operate

with the Office of the United Nations High Commissioner for Refugees,

or any other agency of the United Nations which may succeed it, in the

exercise of its functions, and shall in particular facilitate its duty of supervising

the application of the provisions of the present Protocol.

2. In order to enable the Office of the High Commissioner, or any other

agency of the United Nations which may succeed it, to make reports

to the competent organs of the United Nations, the States Parties to the

present Protocol undertake to provide them with the information and

statistical data requested, in the appropriate form, concerning:

(a) The condition of refugees;

(b) The implementation of the present Protocol;

(c) Laws, regulations and decrees which are, or may hereafter be, in

force relating to refugees.

Article III

INFORMATION ON NATIONAL LEGISLATION

The States Parties to the present Protocol shall communicate to the

Secretary-General of the United Nations the laws and regulations

which they may adopt to ensure the application of the present Protocol.

Article IV

SETTLEMENT OF DISPUTES

Any dispute between States Parties to the present Protocol which relates

to its interpretation or application and which cannot be settled by other

means shall be referred to the International Court of Justice at the

request of any one of the parties to the dispute.

— 50 —

Article V

ACCESSION

The present Protocol shall be open for accession on behalf of all States

Parties to the Convention and of any other State Member of the United

Nations or member of any of the specialized agencies or to which an invitation

to accede may have been addressed by the General Assembly of

the United Nations. Accession shall be effected by the deposit of an instrument

of accession with the Secretary-General of the United Nations.

Article VI

FEDERAL CLAUSE

In the case of a Federal or non-unitary State, the following provisions

shall apply:

(a) With respect to those articles of the Convention to be applied in

accordance with article I, paragraph 1, of the present Protocol

that come within the legislative jurisdiction of the federal legislative

authority, the obligations of the Federal Government shall to

this extent be the same as those of States Parties which are not

Federal States;

(b) With respect to those articles of the Convention to be applied in

accordance with article I, paragraph 1, of the present Protocol

that come within the legislative jurisdiction of constituent States,

provinces or cantons which are not, under the constitutional system

of the federation, bound to take legislative action, the Federal

Government shall bring such articles with a favourable recommendation

to the notice of the appropriate authorities of States,

provinces or cantons at the earliest possible moment;

(c) A Federal State Party to the present Protocol shall, at the request

of any other State Party hereto transmitted through the Secretary-

General of the United Nations, supply a statement of the law and

practice of the Federation and its constituent units in regard to

any particular provision of the Convention to be applied in accordance

with article I, paragraph 1, of the present Protocol, showing

the extent to which effect has been given to that provision by

legislative or other action.

— 51 —

Article VII

RESERVATIONS AND DECLARATIONS

1. At the time of accession, any State may make reservations in respect

of article IV of the present Protocol and in respect of the application in

accordance with article I of the present Protocol of any provisions of the

Convention other than those contained in articles 1, 3, 4, 16 (1) and 33

thereof, provided that in the case of a State Party to the Convention

reservations made under this article shall not extend to refugees in respect

of whom the Convention applies.

2. Reservations made by States Parties to the Convention in accordance

with article 42 thereof shall, unless withdrawn, be applicable in relation

to their obligations under the present Protocol.

3. Any State making a reservation in accordance with paragraph 1 of

this article may at any time withdraw such reservation by a communication

to that effect addressed to the Secretary-General of the United

Nations.

4. Declarations made under article 40, paragraphs 1 and 2, of the Convention

by a State Party thereto which accedes to the present Protocol

shall be deemed to apply in respect of the present Protocol, unless upon

accession a notification to the contrary is addressed by the State Party

concerned to the Secretary-General of the United Nations. The provisions

of article 40, paragraphs 2 and 3, and of article 44, paragraph 3,

of the Convention shall be deemed to apply mutatis mutandis to the

present Protocol.

Article VIII

ENTRY INTO FORCE

1. The present Protocol shall come into force on the day of deposit of

the sixth instrument of accession.

2. For each State acceding to the Protocol after the deposit of the sixth

instrument of accession, the Protocol shall come into force on the date

of deposit by such State of its instrument of accession.

— 52 —

Article IX

DENUNCIATION

1. Any State Party hereto may denounce this Protocol at any time by a

notification addressed to the Secretary-General of the United Nations.

2. Such denunciation shall take effect for the State Party concerned one

year from the date on which it is received by the Secretary-General of

the United Nations.

Article X

NOTIFICATIONS

BY THE SECRETARY-GENERAL OF THE UNITED NATIONS

The Secretary-General of the United Nations shall inform the States referred

to in article V above of the date of entry into force, accessions,

reservations and withdrawals of reservations to and denunciations of the

present Protocol, and of declarations and notifications relating hereto.

Article XI

DEPOSIT IN THE ARCHIVES OF THE SECRETARIAT OF THE UNITED NATIONS

A copy of the present Protocol, of which the Chinese, English, French, Russian

and Spanish texts are equally authentic, signed by the President of the

General Assembly and by the Secretary-General of the United Nations, shall

be deposited in the archives of the Secretariat of the United Nations. The

Secretary-General will transmit certified copies thereof to all States Members

of the United Nations and to the other States referred to in article V above.

— 53 —

GENERAL ASSEMBLY RESOLUTION 2198 (XXI)

THE GENERAL ASSEMBLY,

CONSIDERING that the Convention relating to the Status of Refugees,

signed at Geneva on 28 July 1951,(1) covers only those persons who have

become refugees as a result of events occurring before 1 January 1951,

CONSIDERING that new refugee situations have arisen since the Convention

was adopted and that the refugees concerned may therefore not fall

within the scope of the Convention,

CONSIDERING that it is desirable that equal status should be enjoyed by all

refugees covered by the definition in the Convention, irrespective of the

date-line of 1 January 1951,

TAKING NOTE of the recommendation of the Executive Committee of the

Programme of the United Nations High Commissioner for Refugees(2)

that the draft Protocol relating to the Status of Refugees should be submitted

to the General Assembly after consideration by the Economic and

Social Council, in order that the Secretary-General might be authorized

to open the Protocol for accession by Governments within the shortest

possible time,

(1) United Nations, Treaty Series, vol. 189 (1954), No. 2545.

(2) See A/6311/Rev.1/Add.1, part two, para. 38.

PROTOCOL RELATING

TO THE

STATUS OF REFUGEES

— 54 —

CONSIDERING that the Economic and Social Council, in its resolution

1186 (XLI) of 18 November 1966, took note with approval of the draft

Protocol contained in the addendum to the report of the United Nations

High Commissioner for Refugees and concerning measures to extend

the personal scope of the Convention(3) and transmitted the addendum

to the General Assembly,

1. TAKES NOTE of the Protocol relating to the Status of Refugees, the

text of which(3) is contained in the addendum to the report of the

United Nations High Commissioner for Refugees;

2. REQUESTS the Secretary-General to transmit the text of the

Protocol to the States mentioned in article V thereof, with a view

to enabling them to accede to the Protocol(4).

(3) Ibid., part one, para. 2.

(4) The Protocol was signed by the President of the General Assembly and by

the Secretary-General on 31 January 1967.

1495th plenary meeting, 16 December 1966.

— 55 —

UNHCR / PI / CONV-UK1.PM5 / AUGUST 1996

PUBLISHED BY

Public Information Section

For more information, contact:

Tel.: [41 22] 739 85 02

Fax: [41 22] 739 73 15

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