Protocol relating to the Status of Refugees

Done at New York on 31 January 1967

ENTRY INTO FORCE: 4 October 1967, in accordance with article VIII.

REGISTRATION: 4 October 1967, No. 8791.

TEXT: United Nations, Treaty Series, vol. 606, p. 267.

STATUS: Parties: 133.

Note: On the recommendation of the Executive Committee of the Programme of the United Nations High Commissioner for Refugees, the High Commissioner submitted the draft of the above-mentioned Protocol to the General Assembly of the United Nations, through the Economic and Social Council, in the addendum to his report concerning measures to extend the personal scope of the Convention relating to the Status of Refugees. The Economic and Social Council, in resolution 1186 (XLI) 1 of 18 November 1966, took note with approval of the draft Protocol and transmitted the said addendum to the General Assembly. The General Assembly, in resolution 2198 (XXI) 2 of 16 December 1966, took note of the Protocol and requested 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."

Participant

Accession, succession (d)

Albania 18 Aug 1992

Algeria 8 Nov 1967

Angola 23 Jun 1981

Antigua and Barbuda 7 Sep 1995

Argentina 6 Dec 1967

Armenia 6 Jul 1993

Australia 3 13 Dec 1973

Austria 5 Sep 1973

Azerbaijan 12 Feb 1993

Bahamas 15 Sep 1993

Belgium 8 Apr 1969

Belize 27 Jun 1990

Benin 6 Jul 1970

Bolivia 9 Feb 1982

Bosnia and Herzegovina 1 Sep 1993 d

Botswana 6 Jan 1969

Brazil 7 Apr 1972

Bulgaria 12 May 1993

Burkina Faso 18 Jun 1980

Burundi 15 Mar 1971

Cambodia 15 Oct 1992

Cameroon 19 Sep 1967

Canada 4 Jun 1969

Cape Verde 9 Jul 1987

Central African Republic 30 Aug 1967

Chad 19 Aug 1981

Chile 27 Apr 1972

China 24 Sep 1982

Colombia 4 Mar 1980

Congo 10 Jul 1970

Costa Rica 28 Mar 1978

Côte d'Ivoire 16 Feb 1970

Croatia 12 Oct 1992 d

Cyprus 9 Jul 1968

Czech Republic4 11 May 1993 d

Democratic Republic of the Congo 13 Jan 1975

Denmark 29 Jan 1968

Djibouti 9 Aug 1977 d

Dominica 17 Feb 1994

Dominican Republic 4 Jan 1978

Ecuador 6 Mar 1969

Egypt 22 May 1981

El Salvador 28 Apr 1983

Equatorial Guinea 7 Feb 1986

Estonia 10 Apr 1997

Ethiopia 10 Nov 1969

Fiji 12 Jun 1972 d

Finland 10 Oct 1968

France 3 Feb 1971

Gabon 28 Aug 1973

Gambia 29 Sep 1967

Germany5, 6 5 Nov 1969

Ghana 30 Oct 1968

Greece 7 Aug 1968

Guatemala 22 Sep 1983

Guinea 16 May 1968

Guinea-Bissau 11 Feb 1976

Haiti 25 Sep 1984

Holy See 8 Jun 1967

Honduras 23 Mar 1992

Hungary 14 Mar 1989

Iceland 26 Apr 1968

Iran (Islamic Republic of) 28 Jul 1976

Ireland 6 Nov 1968

Israel 14 Jun 1968

Italy 26 Jan 1972

Jamaica 30 Oct 1980

Japan 1 Jan 1982

Kazakhstan 15 Jan 1999

Kenya 13 Nov 1981

Kyrgyzstan 8 Oct 1996

Latvia 31 Jul 1997

Lesotho 14 May 1981

Liberia 27 Feb 1980

Liechtenstein 20 May 1968

Lithuania 28 Apr 1997

Luxembourg 22 Apr 1971

Malawi 10 Dec 1987

Mali 2 Feb 1973

Malta 15 Sep 1971

Mauritania 5 May 1987

Morocco 20 Apr 1971

Mozambique 1 May 1989

Netherlands7 29 Nov 1968

New Zealand 6 Aug 1973

Nicaragua 28 Mar 1980

Niger 2 Feb 1970

Nigeria 2 May 1968

Norway 28 Nov 1967

Panama 2 Aug 1978

Papua New Guinea 17 Jul 1986

Paraguay 1 Apr 1970

Peru 15 Sep 1983

Philippines 22 Jul 1981

Poland 27 Sep 1991

Portugal 13 Jul 1976

Republic of Korea 3 Dec 1992

Romania 7 Aug 1991

Russian Federation 2 Feb 1993

Rwanda 3 Jan 1980

Samoa 29 Nov 1994

Sao Tome and Principe 1 Feb 1978

Senegal 3 Oct 1967

Seychelles 23 Apr 1980

Sierra Leone 22 May 1981

Slovakia 4 4 Feb 1993 d

Slovenia 6 Jul 1992 d

Solomon Islands 12 Apr 1995

Somalia 10 Oct 1978

South Africa 12 Jan 1996

Spain 14 Aug 1978

Sudan 23 May 1974

Suriname 8 29 Nov 1978 d

Swaziland 28 Jan 1969

Sweden 4 Oct 1967

Switzerland 20 May 1968

Tajikistan 7 Dec 1993

the former Yugoslav Republic of Macedonia 18 Jan 1994 d

Togo 1 Dec 1969

Tunisia 16 Oct 1968

Turkey 31 Jul 1968

Turkmenistan 2 Mar 1998

Tuvalu 7 Mar 1986 d

Uganda 27 Sep 1976

United Kingdom 9 4 Sep 1968

United Republic of Tanzania 4 Sep 1968

United States of America 1 Nov 1968

Uruguay 22 Sep 1970

Venezuela 19 Sep 1986

Yemen 10 18 Jan 1980

Yugoslavia 15 Jan 1968

Zambia 24 Sep 1969

Zimbabwe 25 Aug 1981

Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were made upon accession
or succession. For objections thereto and territorial applications, see hereinafter.)

angola

The Government of Angola, in accordance with article VII, paragraph 1, declares that it does not consider itself bound by article IV of the Protocol, concerning settlement of disputes relating to the interpretation of the Protocol.

botswana

"Subject to the reservation in respect of article IV of the said Protocol and in respect of the application in accordance with article I thereof of the provisions of articles 7, 17, 26, 31, 32 and 34 and paragraph 1 of article 12 of the Convention relating to the Status of Refugees, done at Geneva on 28 July 1951."

burundi

In acceding to this Protocol, the Government of the Republic of Burundi enters the following reservations:

1. The provisions of article 22 are accepted, in respect of elementary education, only

(a) In so far as they apply to public education, and not to private education;

(b) On the understanding that the treatment applicable to refugees shall be the most favourable accorded to nationals of other States.

2. The provisions of article 17 (1) and (2) are accepted as mere recommendations and, in any event, shall not be interpreted as necessarily involving the régime accorded to nationals of countries with which the Republic of Burundi may have concluded regional, customs, economic or political agreements.

3. The provisions of article 26 are accepted only subject to the reservation that refugees:

(a) Do not choose their place of residence in a region bordering on their country of origin;

(b) Refrain, in any event, when exercising their right to move freely, from any activity or incursion of a subversive nature with respect to the country of which they are nationals.

cape verde

In all cases where the 1951 Convention relating to the Status of Refugees grants to refugees the most favorable treatment accorded to nationals of a foreign country, this provision shall not be interpreted as involving the régime accorded to nationals of countries with which Cape Verde has concluded regional customs, economic or political agreements.

chile

(1) With the reservation that, with reference to the provisions of article 34, the Government of Chile will be unable to grant to refugees facilities greater than those granted to aliens in general, in view of the liberal nature of Chilean naturalization laws;

(2) With the reservation that the period specified in article 17, paragraph 2 (a) shall, in the case of Chile, be extended from three to ten years;

(3) With the reservation that article 17, paragraph 2 (c) shall apply only if the refugee is the widow or the widower of a Chilean spouse;

(4) With the reservation that the Government of Chile cannot grant a longer period for compliance with an expulsion order than that granted to other aliens in general under Chilean law.

china

With a reservation in respect of article 4.

congo

The Protocol is accepted with the exception of article IV.

el salvador

With the reservation that the Government of El Salvador will not apply article 4 of the Protocol.

ethiopia

Subject to the following reservation in respect of the application, under article I of the Protocol, of the Convention relating to the Status of Refugees, done at Geneva on 28 July 1951:

"The provisions of articles 8, 9, 17 (2) and 22 (1) of the Convention are recognized only as recommendations and not as legally binding obligations."

finland

Subject to the reservations made in relation to the Convention relating to the Status of Refugees,in accordance with article I of the Protocol.

ghana

"The Government of Ghana does not consider itself bound by article IV of the Protocol regarding the settlement of disputes."

guatemala

[See chapter V.2.]

honduras

Reservation:

With respect to article I (1):

The Government of the Republic of Honduras does not consider itself bound by those articles of the Convention to which it has entered reservations.

israel

"The Government of Israel accedes to the Protocol subject to the same statements and reservations made at the time of ratifying the Convention [relating to the Status of Refugees, done at Geneva on 28 July 1951], in accordance with the provisions of article VII (2) of the Protocol."

jamaica

1. "The Government of Jamaica understands articles 8 and 9 of the Convention as not preventing it from taking, in time of war or other grave and exceptional circumstances, measures in the interest of national security in the case of a refugee on the ground of his nationality."

2. "The Government of Jamaica can only undertake that the provisions of paragraph 2 of article 17 of the Convention will be applied so far as the law of Jamaica allows."

3. "The Government of Jamaica can only undertake that the provisions of article 24 of the Convention will be applied so far as the law of Jamaica allows."

4. "The Government of Jamaica can only undertake that the provisions of paragraphs l, 2, and 3 of article 25 of the Convention will be applied so far as the law of Jamaica allows."

5. "The Government of Jamaica does not accept the obligation imposed by article IV of the Protocol relating to the Status of Refugees with regard to the settlement of disputes."

latvia

Declaration:

"In accordance with paragraph 2 of the article VII of the [said Protocol], the Republic of Latvia declares that the reservations made in accordance with article 41 of the Convention Relating to the Status of Refugees of 1951 are applicable in relation to the obligations under the Protocol."

luxembourg

[See chapter V.2.]

malawi

"The Government of the Republic of Malawi reiterates its declaration on recognition as compulsory the jurisdiction of the International Court of Justice made on 12 December, 1966 in conformity with Article 36, paragraph 2 of the Statute of the Court. In this respect, the Government of the Republic of Malawi regards the phrase `settled by other means' in Article 38 of the Convention and Article IV of the Protocol to be those means stipulated in Article 33 of the Charter of the United Nations."

malta

In accordance with article VII (2), the reservations to the Convention relating to the Status of Refugees of 28 July 1951 by the Government of Malta on deposit of its instrument of accession on 17 June 1971, pursuant to article 42 of the said Convention, are applicable in relation to its obligations under the present Protocol.

netherlands 7

"In accordance with article VII of the Protocol, all reservations made by the Kingdom of the Netherlands upon signature and ratification of the Convention relating to the Status of Refugees, which was signed in Geneva on 28 July 1951, are regarded to apply to the obligations resulting from the Protocol."

peru

Declaration:

[The Government of Peru] hereby expressly declares, with reference to the provisions of article I, paragraph 1, and article II of the aforementioned Protocol, that compliance with the obligations undertaken by virtue of the act of accession to that instrument shall be ensured by the Peruvian State using all the means at its disposal, and the Government of Peru shall endeavour in all cases to co-operate as far as possible with the Office of the United Nations High Commissioner for Refugees.

portugal

"1. The Protocol will be applied without any geographical limitation.

"2. In all cases in which the Protocol confers upon the refugees the most favoured person status granted to nationals of a foreign country, this clause will not be interpreted in such a way as to mean the status granted by Portugal to the nationals of Brazil or to the nationals of other countries with whom Portugal may establish commonwealth type relations."

Republic of Korea

Reservation:

"The Republic of Korea declares pursuant to article 7 of the Protocol that it is not bound by article 7 of the Convention relating to the Status of Refugees, which provides for the exemption of refugees from legislative reciprocity after fulfilling the condition of three years' residence in the territory of the Contracting States."

rwanda

Reservation to article IV:

For the settlement of any dispute between States Parties, recourse may be had to the International Court of Justice only with the prior agreement of the Rwandese Republic.

somalia

[See chapter V.2.]

swaziland

Reservations:

Subject to the following reservations in respect of the application of the Convention relating to the Status of Refugees, done at Geneva on 28 July 1951, under article I of the Protocol:

"(1) The Government of the Kingdom of Swaziland is not in a position to assume obligations as contained in article 22 of the said Convention, and therefore will not consider itself bound by the provisions therein;

"(2) Similarly, the Government of the Kingdom of Swaziland is not in a position to assume the obligations of article 34 of the said Convention, and must expressly reserve the right not to apply the provisions therein."

Declaration:

"The Government of the Kingdom of Swaziland deems it essential to draw attention to the accession as a Member of the United Nations, and not as a Party to the [Convention relating to the Status of Refugees] by reason of succession or otherwise."

turkey

The instrument of accession stipulates that the Government of Turkey maintains the provisions of the declaration made under section B of article 1 of the Convention relating to the Status of Refugees, done at Geneva on 28 July 1951, according to which it applies the Convention only to persons who have become refugees as a result of events occurring in Europe, and also the reservation clause made upon ratification of the Convention to the effect that no provision of this Convention may be interpreted as granting to refugees greater rights than those accorded to Turkish citizens in Turkey.

uganda

[See chapter V.2.]

united kingdom of great britain and northern ireland

"(a) In accordance with the provisions of the first sentence of Article VII.4 of the Protocol, the United Kingdom hereby excludes from the application of the Protocol the following territories for the international relations of which it is responsible: Jersey, Southern Rhodesia, Swaziland.

"(b) In accordance with the provisions of the second sentence of Article VII.4 of the said Protocol, the United Kingdom hereby extends the application of the Protocol to the following territories for the international relations of which it is responsible: St. Lucia, Montserrat."

united republic of tanzania

"Subject to the reservation, hereby made, that the provisions of Article IV of the Protocol shall not be applicable to the United Republic of Tanzania except within the explicit consent of the Government of the United Republic of Tanzania."

UNITED STATES OF AMERICA

With the following reservations in respect of the application, in accordance with article I of the Protocol, of the Convention relating to the Status of Refugees, done at New York on 28 July 1951:

"The United States of America construes Article 29 of the Convention as applying only to refugees who are resident in the United States and reserves the right to tax refugees who are not residents of the United States in accordance with its general rules relating to non-resident aliens.

"The United States of America accepts the obligation of paragraph 1 (b) of Article 24 of the Convention except insofar as that paragraph may conflict in certain instances with any provisions of title II (old age, survivors' and disability insurance) or title XVIII (hospital and medical insurance for the aged) of the Social Security Act. As to any such provision, the United States will accord to refugees lawfully staying in its territory treatment no less favorable than is accorded aliens generally in the same circumstances."

venezuela

Declarations:

In implementing the provisions of the Protocol which confer on refugees the most favourable treatment accorded to nationals of a foreign country, it shall be understood that such treatment does not include any rights and benefits which Venezuela has granted or may grant regarding entry into or sojourn in Venezuela territory to nationals of countries with which Venezuela has concluded regional or subregional integration, customs, economic or political agreements.

The instrument of accession also contains a reservation in respect of article IV.

Objections
(Unless otherwise indicated, the objections were made
upon accession or succession.)

belgium

[See chapter V.2.]

ethiopia

[See chapter V.2.]

france

[See chapter V.2.]

germany5

[See chapter V.2.]

italy

[See chapter V.2.]

luxembourg

[See chapter V.2.]

netherlands

[See chapter V.2.]

Territorial Application

Participant

Date of receipt of the notification

Territories

Netherlands

29 Jul 1971

Surinam

United Kingdom 11

20 Apr 1970

Bahama Islands

 

20 Feb 1996

Jersey/*

Notes:

1 Official Records of the Economic and Social Council, Forty-first Session, Supplement No. 1A (E/4264/Add.1), p. 1.

2 Official Records of the General Assembly, Twenty-first Session, Supplement No. 16 (A/6316), p. 48.

3 With the following declaration: "The Government of Australia will not extend the provisions of the Protocol to Papua/New Guinea."

4 Czechoslovakia had acceeded to the Protocol on 26 November 1991. See also note in chapter I.2.

5 The German Democratic Republic had acceded to the Protocol on 4 September 1990. See note in chapter I.2.

6 In a note accompanying the instrument of accession, the Government of the Federal Republic of Germany declared that the Protocol "shall also apply to Land Berlin with effect from the date on which it enters into force for the Federal Republic of Germany".

With reference to the above-mentioned declaration, communications have been addressed to the Secretary-General by the Governments of Bulgaria and Mongolia. The said communications are identical in essence, mutatis mutandis, to the corresponding ones referred to in note in chapter III.3. See also note 5 above.

7 The Kingdom of the Netherlands accedes to the said Protocol so far as the territory of the Kingdom situated in Europe is concerned; and, as from 1 January 1986, for Aruba.

8 See note in chapter V.2.

9 On 20 February 1996, the Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General that the Protocol shall extend to Jersey.

10 The formality was effected by the Yemen Arab Republic. See also note in chapter I.2.

11 Subject to the reservation which was formulated on behalf of the Bahama Islands in respect of the Convention relating to the Status of Refugees.