Protocol relating to the Status of Refugees

 

 

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 “. . . as 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 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.

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.

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. Declaration 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.

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.

Author: international

Mentioned in these Entries

Conventions: Chronological Index 1951-1970, Human Rights conventions, International Court of Justice, International law: the refugee, Refugees and stateless persons conventions, Refugees, Settlement of Disputes, United Nations High Commissioner for Refugees, United Nations Protocol Relating to the Status of Refugees.