Geneva “Convention Relating to the Status of Refugees” of 1951
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Sovereign Law Series
Geneva “Convention Relating to
the Status of Refugees” of 1951
Short-Form Reference:
1951 “Convention on Status of Refugees”
In-Line Micro Reference:
1951 “Status of Refugees”
Ratification / Registration:
UN-GA Res. 429 (V) Geneva (28 Jul 1951)
Amended Res. 2198 (XXI) (31 Jan 1967)
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Official Text of this Law Source as Ratified
Convention Relating to the Status of Refugees
Preamble
The High Contracting Parties,
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 the
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 cooperation;
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 coordination of measures taken to deal with this
problem will depend upon the cooperation of States with the High Commissioner;
Have agreed as follows:
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CHAPTER I – GENERAL PROVISIONS
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 […] or under the
Conventions […] or the Constitution of the International Refugee Organization
[Amended by 1967 Protocol, Article 1.2, deleted phrases indicated by “…”];
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 fulfill the conditions of paragraph 2 of this section;
(2) A 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. [Amended
by 1967 Protocol, Article 1.2, indicated in italics]
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) The principles of this Convention “shall be applied by the States Parties hereto
without any geographic limitation”. [Amended by 1967 Protocol, Article 1.3]
(1) For the purposes of this Convention, the words "events occurring…" in
Article 1, section A, shall be understood to mean either (a) "events occurring in
Europe…"; or (b) "events occurring in Europe or elsewhere…"; 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. [Amended by 1967 Protocol, Article 1.2, deleted phrases indicated by
“…”]
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(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 reacquired 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 connection 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 the circumstances in
connection 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 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.
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(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.
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
practise their religion and freedom as regards the religious education of their children.
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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 fulfill 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 accorded 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 fulfill 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.
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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.
Article 10
Continuity of Residence
1. Where a refugee has been forcibly displaced […] 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. [Amended by 1967
Protocol, Article 1.2, deleted phrases indicated by “…”]
2. Where a refugee has been forcibly displaced […] from the territory of a
Contracting State and has […] 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. [Amended by 1967 Protocol, Article 1.2, deleted phrases indicated by “…”]
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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.
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.
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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 nationals of that country. In the
territory of any other Contracting States, 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.
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CHAPTER III – GAINFUL EMPLOYMENT
Article 17
Wage-Earning Employment
1.
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, 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 […] for the Contracting State concerned, or who fulfills
one of the following conditions [Amended by 1967 Protocol, Article 1.2, deleted
phrases indicated by “…”]:
(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 benefit 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 circumstances, as regards the right to engage on his own
account in agriculture, industry, handicrafts and commerce and to establish
commercial and industrial companies.
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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 practising 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.
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.
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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.
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 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:
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(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 fulfill 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 extending 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.
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.
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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 and to move freely within its territory subject to any
regulations applicable to aliens generally in the same circumstances.
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.
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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.
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.
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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 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 judgement 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.
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CHAPTER VI – EXECUTORY AND TRANSITORY PROVISIONS
Article 35
Co-operation of 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.
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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 re-opened 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.
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.
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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 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.
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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 of
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.
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.
22
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.
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.
Sovereign Law Series
Geneva “Convention Relating to
the Status of Refugees” of 1951
Short-Form Reference:
1951 “Convention on Status of Refugees”
In-Line Micro Reference:
1951 “Status of Refugees”
Ratification / Registration:
UN-GA Res. 429 (V) Geneva (28 Jul 1951)
Amended Res. 2198 (XXI) (31 Jan 1967)
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Introductory Notes by the Independent Judiciary
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3
Official Text of this Law Source as Ratified
Convention Relating to the Status of Refugees
Preamble
The High Contracting Parties,
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 the
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 cooperation;
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 coordination of measures taken to deal with this
problem will depend upon the cooperation of States with the High Commissioner;
Have agreed as follows:
4
CHAPTER I – GENERAL PROVISIONS
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 […] or under the
Conventions […] or the Constitution of the International Refugee Organization
[Amended by 1967 Protocol, Article 1.2, deleted phrases indicated by “…”];
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 fulfill the conditions of paragraph 2 of this section;
(2) A 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. [Amended
by 1967 Protocol, Article 1.2, indicated in italics]
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) The principles of this Convention “shall be applied by the States Parties hereto
without any geographic limitation”. [Amended by 1967 Protocol, Article 1.3]
(1) For the purposes of this Convention, the words "events occurring…" in
Article 1, section A, shall be understood to mean either (a) "events occurring in
Europe…"; or (b) "events occurring in Europe or elsewhere…"; 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. [Amended by 1967 Protocol, Article 1.2, deleted phrases indicated by
“…”]
5
(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 reacquired 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 connection 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 the circumstances in
connection 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 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.
6
(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.
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
practise their religion and freedom as regards the religious education of their children.
7
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 fulfill 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 accorded 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 fulfill 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.
8
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.
Article 10
Continuity of Residence
1. Where a refugee has been forcibly displaced […] 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. [Amended by 1967
Protocol, Article 1.2, deleted phrases indicated by “…”]
2. Where a refugee has been forcibly displaced […] from the territory of a
Contracting State and has […] 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. [Amended by 1967 Protocol, Article 1.2, deleted phrases indicated by “…”]
9
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.
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.
10
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 nationals of that country. In the
territory of any other Contracting States, 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.
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CHAPTER III – GAINFUL EMPLOYMENT
Article 17
Wage-Earning Employment
1.
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, 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 […] for the Contracting State concerned, or who fulfills
one of the following conditions [Amended by 1967 Protocol, Article 1.2, deleted
phrases indicated by “…”]:
(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 benefit 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 circumstances, as regards the right to engage on his own
account in agriculture, industry, handicrafts and commerce and to establish
commercial and industrial companies.
12
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 practising 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.
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.
13
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.
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 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:
14
(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 fulfill 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 extending 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.
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.
15
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 and to move freely within its territory subject to any
regulations applicable to aliens generally in the same circumstances.
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.
16
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.
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.
17
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 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 judgement 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.
18
CHAPTER VI – EXECUTORY AND TRANSITORY PROVISIONS
Article 35
Co-operation of 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.
19
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 re-opened 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.
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.
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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 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.
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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 of
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.
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.
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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.
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.