CONVENTION RELATING TO THE STATUS OF REFUGEES
Signed at Geneva on 28 July 1951
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:
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 of 12 May 1926 and 30 June 1928 or under the
Conventions of 28 October 1933 and 10 February 1938, the Protocol of 14
September 1939 or the Constitution of the International Refugee Organization;
Decisions of non-eligibility
taken by the International Refugee Organization during the period of its
activities shall not prevent the status of refugee being accorded to persons
who fulfil the conditions of paragraph 2 of this Section;
(2) As a result of events
occurring before 1 January 1951 and owing to well-founded fear of being
persecuted for reasons of race, religion, nationality, membership of a
particular social group or political opinion, is outside the country of his
nationality and is unable or, owing to such fear, is unwilling to avail himself
of the protection of that country; or who, not having a nationality and being
outside the country of his former habitual residence as a result of such
events, is unable or, owing to such fear, is unwilling to return it.
In the case of a person who
has more than one nationality, the term "the country of his
nationality" shall mean each of the countries of which he is a national,
and a person shall not be deemed to be lacking the protection of the country of
his nationality if, without any valid reason based on well-founded fear, he has
not availed himself of the protection of one of the countries of which he is a
national.
B. (1) For the purposes of
this Convention, the words "events occurring before 1 January 1951"
in Article 1, Section A, shall be understood to mean either
(a) "events occurring
in Europe before 1 January 1951"; or
(b) "events occurring
in Europe or elsewhere before 1 January 1951";
and each Contracting State
shall make a declaration at the time of signature, ratification or accession,
specifying which of these meanings it applies for the purpose of its
obligations under this Convention.
(2) Any Contracting State
which has adopted (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 connexion with which he has been recognized as a
refugee have ceased to exist, continue to refuse to avail himself of the
protection of the country of his nationality;
Provided that this paragraph
shall not apply to a refugee falling under Section A(1) of this Article who is
able to invoke compelling reasons arising out of previous persecution for
refusing to avail himself of the protection of the country of nationality;
(6) Being a person who has
no nationality he is, because the circumstances in connexion with which he has
been recognized as a refugee have ceased to exist, able to return to the
country of his former habitual residence;
Provided that this paragraph
shall not apply to a refugee falling under Section A(1) of this Article who is
able to invoke compelling reasons arising out of previous persecution for
refusing to return to the country of his former habitual residence.
D. This Convention shall not
apply to persons who are at present receiving from organs or agencies of the
United Nations other than the United Nations High Commissioner for Refugees
protection or assistance.
When such protection or
assistance has ceased for any reason, without the position of such persons
being definitively settled in accordance with the relevant resolutions adopted
by the General Assembly of the United Nations, these persons shall ipso
facto be entitled to the benefits of this Convention.
E. This Convention shall not
apply to a person who is recognized by the competent authorities of the country
in which he has taken residence as having the rights and obligations which are
attached to the possession of the nationality of that country.
F. The provisions of this
Convention shall not apply to any person with respect to whom there are serious
reasons for considering that:
(a) he has committed a crime
against peace, a war crime, or a crime against humanity, as defined in the
international instruments drawn up to make provision in respect of such crimes;
(b) he has committed a
serious non-political crime outside the country of refuge prior to his
admission to that country as a refugee;
(c) he has been guilty of
acts contrary to the purposes and principles of the United Nations.
Article 2
General obligations
Every refugee has duties to
the country in which he finds himself, which require in particular that he
conform to its laws and regulations as well as to measures taken for the
maintenance of public order.
Article 3
Non-discrimination
The Contracting States shall
apply the provisions of this Convention to refugees without discrimination as
to race, religion or country of origin.
Article 4
Religion
The Contracting States shall
accord to refugees within their territories treatment at least as favourable as
that accorded to their nationals with respect to freedom to practice their
religion and freedom as regards the religious education of their children.
Article 5
Rights granted apart from this Convention
Nothing in this Convention
shall be deemed to impair any rights and benefits granted by a Contracting
State to refugees apart from this Convention.
Article 6
The term "in the same circumstances"
For the purpose of this
Convention, the term "in the same circumstances" implies that any
requirements (including requirements as to length and conditions of sojourn or
residence) which the particular individual would have to fulfil for the
enjoyment of the right in question, if he were not a refugee, must be fulfilled
by him, with the exception of requirements which by their nature a refugee is
incapable of fulfilling.
Article 7
Exemption from reciprocity
1. Except where this
Convention contains more favourable provisions, a Contracting State shall
accord to refugees the same treatment as is 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 fulfil the conditions provided for in
paragraphs 2 and 3.
5. The provisions of
paragraphs 2 and 3 apply both to the rights and benefits referred to in
Articles 13, 18, 19, 21 and 22 of this Convention and to rights and benefits
for which this Convention does not provide.
Article 8
Exemption from exceptional measures
With regard to exceptional
measures which may be taken against the person, property or interests of
nationals of a foreign State, the Contracting States shall not apply such
measures to a refugee who is formally a national of the said State solely on
account of such nationality. Contracting States which, under their legislation,
are prevented from applying the general principle expressed in this Article,
shall, in appropriate cases, grant exemptions in favour of such refugees.
Article 9
Provisional measures
Nothing in this Convention
shall prevent a Contracting State, in time of war or other grave and
exceptional circumstances, from taking provisionally measures which it
considers to be essential to the national security in the case of a particular
person, pending a determination by the Contracting State that that person is in
fact a refugee and that the continuance of such measures is necessary in his
case in the interests of national security.
Article 10
Continuity of residence
1. Where a refugee has been
forcibly displaced during the Second World War and removed to the territory of
a Contracting State, and is resident there, the period of such enforced sojourn
shall be considered to have been lawful residence within that territory.
2. Where a refugee has been
forcibly displaced during the Second World War from the territory of a
Contracting State and has, prior to the date of entry into force of this
Convention, returned there for the purpose of taking up residence, the period
of residence before and after such enforced displacement shall be regarded as
one uninterrupted period for any purposes for which uninterrupted residence is
required.
Article 11
Refugee seamen
In the case of refugees
regularly serving as crew members on board a ship flying the flag of a Contracting
State, that State shall give sympathetic consideration to their establishment
on its territory and the issue of travel documents to them or their temporary
admission to its territory particularly with a view to facilitating their
establishment in another country.
CHAPTER II
JURIDICAL STATUS
Article 12
Personal status
1. The personal status of a
refugee shall be governed by the law of the country of his domicile or, if he
has no domicile, by the law of the country of his residence.
2. Rights previously
acquired by a refugee and dependent on personal status, more particularly
rights attaching to marriage, shall be respected by a Contracting State,
subject to compliance, if this be necessary, with the formalities required by
the law of that State, provided that the right in question is one which would
have been recognized by the law of that State had he not become a refugee.
Article 13
Movable and immovable property
The Contracting States shall
accord to a refugee treatment as favourable as possible and, in any event, not
less favourable than that accorded to aliens generally in the same
circumstances, as regards the acquisition of movable and immovable property and
other rights pertaining thereto, and to leases and other contracts relating to
movable and immovable property.
Article 14
Artistic rights and industrial property
In respect of the protection
of industrial property, such as inventions, designs or models, trade marks,
trade names, and of rights in literary, artistic and scientific works, a refugee
shall be accorded in the country in which he has his habitual residence the
same protection as is accorded to nationals of that country. In the territory
of any other Contracting State, he shall be accorded the same protection as is
accorded in that territory to nationals of the country in which he has his
habitual residence.
Article 15
Right of association
As regards non-political and
non-profit-making associations and trade unions the Contracting States shall
accord to refugees lawfully staying in their territory the most favourable
treatment accorded to nationals of a foreign country, in the same
circumstances.
Article 16
Access to courts
1. A refugee shall have free
access to the courts of law on the territory of all Contracting States.
2. A refugee shall enjoy in
the Contracting State in which he has his habitual residence the same treatment
as a national in matters pertaining to access to the Courts, including legal
assistance and exemption from cautio judicatum solvi.
3. A refugee shall be accorded
in the matters referred to in paragraph 2 in countries other than that in which
he has his habitual residence the treatment granted to a national of the
country of his habitual residence.
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 at the date of entry into force of this Convention for the
Contracting State concerned, or who fulfils one of the following conditions:
(a) He has completed three
years' residence in the country.
(b) He has a spouse
possessing the nationality of the country of residence. A refugee may not
invoke the benefits of this provision if he has abandoned his spouse.
(c) He has one or more
children possessing the nationality of the country of residence.
3. The Contracting States
shall give sympathetic consideration to assimilating the rights of all refugees
with regard to wage-earning employment to those of nationals, and in particular
of those refugees who have entered their territory pursuant to programs 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.
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.
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 home work, minimum age of employment, apprenticeship
and training, women's work and the work of young persons, and the enjoyment of the
benefits of collective bargaining;
(b) Social security (legal
provisions in respect of employment injury, occupational diseases, maternity,
sickness, disability, old age, death, unemployment, family responsibilities and
any other contingency which, according to national laws or regulations, is
covered by a social security scheme), subject to the following limitations:
(i) There may be appropriate
arrangements for the maintenance of acquired rights and rights in course of
acquisition;
(ii) National laws or
regulations of the country of residence may prescribe special arrangements
concerning benefits or portions of benefits which are payable wholly out of
public funds, and concerning allowances paid to persons who do not fulfil the
contribution conditions prescribed for the award of a normal pension.
2. The right to compensation
for the death of a refugee resulting from employment injury or from
occupational disease shall not be affected by the fact that the residence of
the beneficiary is outside the territory of the Contracting State.
3. The Contracting States
shall extend to refugees the benefits of agreements concluded between them, or
which may be concluded between them in the future, concerning the maintenance
of acquired rights and rights in the process of acquisition in regard to social
security, subject only to the conditions which apply to nationals of the States
signatory to the agreements in question.
4. The Contracting States
will give sympathetic consideration to 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.
4. Subject to such exceptional
treatment as may be granted to indigent persons, fees may be charged for the
services mentioned herein, but such fees shall be moderate and commensurate
with those charged to nationals for similar services.
5. The provisions of this
Article shall be without prejudice to Articles 27 and 28.
Article 26
Freedom of movement
Each Contracting State shall
accord to refugees lawfully in its territory the right to choose their place of
residence to move freely within its territory, subject to any regulations
applicable to aliens generally in the same circumstances.
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 a travel document to any other refugee in
their territory; they shall in particular give sympathetic consideration to the
issue of such a travel document to refugees in their territory who are unable
to obtain a travel document from the country of their lawful residence.
2. Travel documents issued
to refugees under previous international agreements by parties thereto shall be
recognized and treated by the Contracting States in the same way as if they had
been issued pursuant to this Article.
Article 29
Fiscal charges
1. The Contracting States
shall not impose upon refugees duties, charges or taxes, of any description
whatsoever, other or higher than those which are or may be levied on their
nationals in similar situations.
2. Nothing in the above
paragraph shall prevent the application to refugees of the laws and regulations
concerning charges in respect of the issue to aliens of administrative
documents including identity papers.
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 regularised or they obtain admission into another
country. The Contracting States shall allow such refugees a reasonable period
and all the necessary facilities to obtain admission into another country.
Article 32
Expulsion
1. The Contracting States
shall not expel a refugee lawfully in their territory save on grounds of
national security or public order.
2. The expulsion of such a
refugee shall be only in pursuance of a decision reached in accordance with due
process of law. Except where compelling reasons of national security otherwise
require, the refugee shall be allowed to submit evidence to clear himself, and
to appeal to and be represented for the purpose before competent authority or a
person or persons specially designated by the competent authority.
3. The Contracting States
shall allow such a refugee a reasonable period within which to seek legal
admission into another country. The Contracting States reserve the right to
apply during that period such internal measures as they may deem necessary.
Article 33
Prohibition of expulsion or return (refoulement)
1. No Contracting State
shall expel or return (refouler) a refugee in any manner whatsoever to
the frontiers of territories where his life or freedom would be threatened on
account of his race, religion, nationality, membership of a particular social
group or political opinion.
2. The benefit of the
present provision may not, however, be claimed by a refugee whom there are
reasonable grounds for regarding as a danger to the security of the country in
which he is, or who, having been convicted by a final judgment of a
particularly serious crime, constitutes a danger to the community of that
country.
Article 34
Naturalization
The Contracting States shall
as far as possible facilitate the assimilation and naturalization of refugees.
They shall in particular make every effort to expedite naturalization
proceedings and to reduce as far as possible the charges and costs of such proceedings.
CHAPTER VI
EXECUTORY AND TRANSITORY PROVISIONS
Article 35
Cooperation of the national authorities with the United Nations
1. The Contracting States
undertake to cooperate 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.
CHAPTER VII
FINAL CLAUSES
Article 38
Settlement of disputes
Any dispute between parties
to this Convention relating to its interpretation or application, which cannot
be settled by other means, shall be referred to the International Court of
Justice at the request of any one of the parties to the dispute.
Article 39
Signature, ratification and accession
1. This Convention shall be
opened for signature at Geneva on 28 July 1951, and shall thereafter be
deposited with the Secretary-General of the United Nations. It shall be open
for signature at the European Office of the United Nations from 28 July to 31
August 1951 and shall be reopened for signature at the Headquarters of the
United Nations from 17 September 1951 to 31 December 1952.
2. This Convention shall be
open for signature on behalf of all States Members of the United Nations, and
also on behalf of any other State invited to attend the Conference of
Plenipotentiaries on the Status of Refugees and Stateless Persons or to which
an invitation to sign will have been addressed by the General Assembly. It
shall be ratified and the instruments of ratifications 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.
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.
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.
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.
Paragraph 1
1. The travel document
referred to in Article 28 of this Convention shall be similar to the specimen
annexed hereto.
2. The document shall be
made out in at least two languages, one of which shall be English or French.
Paragraph 2
Subject to the regulations
obtaining in the country of issue, children may be included in the travel
document of a parent or, in exceptional circumstances, of another adult
refugee.
Paragraph 3
The fees charged for issue
of the document shall not exceed the lowest scale of charges for national
passports.
Paragraph 4
Save in special or
exceptional cases, the document shall be made valid for the largest possible
number of countries.
Paragraph 5
The document shall have a
validity of either one or two years, at the discretion of the issuing
authority.
Paragraph 6
1. The renewal or extension
of the validity of the document is a matter for the authority which issued it,
so long as the holder has not established lawful residence in another territory
and resides lawfully in the territory of the said authority. The issue of a new
document is, under the same conditions, a matter for the authority which issued
the former document.
2. Diplomatic or consular
authorities, specially authorized for the purpose shall be empowered to extend,
for a period not exceeding six months, the validity of travel documents issued
by their Governments.
3. The Contracting States
shall give sympathetic consideration to renewing or extending the validity of
travel documents or issuing new documents to refugees no longer lawfully
resident in their territory who are unable to obtain a travel document from the
country of their lawful residence.
Paragraph 7
The Contracting States shall
recognize the validity of the documents issued in accordance with the
provisions of Article 28 of this Convention.
Paragraph 8
The competent authorities of
the country to which the refugee desires to proceed shall, if they are prepared
to admit him and if a visa is required, affix a visa on the document of which
he is the holder.
Paragraph 9
1. The Contracting States
undertake to issue transit visas to refugees who have obtained visas for a
territory of final destination.
2. The issue of such visas
may be refused on grounds which would justify refusal of a visa to any alien.
Paragraph 10
The fees for the issue of
exit, entry or transit visas shall not exceed the lowest scale of charges for
visas on foreign passports.
Paragraph 11
When a refugee has lawfully
taken up residence in the territory of another Contracting State, the
responsibility for the issue of a new document, under the terms and conditions
of Article 28, shall be that of the competent authority of that territory, to which
the refugee shall be entitled to apply.
Paragraph 12
The authority issuing a new
document shall withdraw the old document and shall return it to the country of
issue, if it is stated in the document that it should be so returned; otherwise
it shall withdraw and cancel the document.
Paragraph 13
1. Each Contracting State
undertakes that the holder of a travel document issued by it in accordance with
Article 28 of this Convention shall be readmitted to its territory at any time
during the period of its validity.
2. Subject to the provisions
of the preceding sub-paragraph, a Contracting State may require the holder of
the document to comply with such formalities as may be prescribed in regard to
exit from or return to its territory.
3. The Contracting States
reserve the right, in exceptional cases, or in cases where the refugee's stay
is authorized for a specific period, when issuing the document, to limit the
period during which the refugee may return to a period of not less than three
months.
Paragraph 14
Subject only to the terms of
paragraph 13, the provisions of this Schedule in no way affect the laws and
regulations governing the conditions of admission to, transit through,
residence and establishment in, and departure from, the territories of the Contracting
States.
Paragraph 15
Neither the issue of the
document nor the entries made thereon determine or affect the status of the
holder, particularly as regards nationality.
Paragraph 16
The issue of the document
does not in any way entitle the holder to the protection of the diplomatic or
consular authorities of the country of issue, and does not confer on these
authorities a right of protection.
SPECIMEN TRAVEL DOCUMENT
The document will be in
booklet form (approximately 15 x 10 centimetres).
It is recommended that it be
so printed that any erasure or alteration by chemical or other means can be
readily detected, and that the words "Convention of 28 July 1951" be
printed in continuous repetition on each page, in the language of the issuing
country.
_________________________________________________________________________________
(Cover of booklet)
TRAVEL DOCUMENT
(Convention of 28 July 1951)
_________________________________________________________________________________
No.........................
(1)
TRAVEL DOCUMENT
(Convention of 28 July 1951)
This document expires on
.................................................. unless its validity is
extended or renewed.
Name
.............................................................................
Forename(s)
.................................................................
Accompanied by
....................................... child (children).
1. This document is issued
solely with a view to providing the holder with a travel document which can
serve in lieu of a national passport. It is without prejudice to and in no way
affects the holder's nationality.
2. The holder is authorized
to return to ........................................ [state here the country
whose authorities are issuing the document] on or before
.................................................... unless some later date is
hereafter specified. [The period during which the holder is allowed to return
must not be less than three months.]
3. Should the holder take up
residence in a country other than that which issued the present document, he
must, if he wishes to travel again, apply to the competent authorities of his
country of residence for a new document. [The old travel document shall be
withdrawn by the authority issuing the new document and returned to the
authority which issued it.] (1)
(This document contains
................ pages, exclusive of cover.)
(1) The sentence in brackets
to be inserted by Governments which so desire. [Footnote appeared in original
text.]
________________________________________________________________________________
(2)
Place and date of birth
..................................................
Occupation ......................................................................
Present residence
...........................................................................
*Maiden name and forename(s)
of wife ..............................................................
*Name and forename(s) of
husband ....................................................................
* Strike out whichever does
not apply.
Description
Height
Hair
Colour of eyes
Nose
Shape of face
Complexion
Special peculiarities
Children accompanying holder
Name Forename(s) Place and date of birth Sex
...................................
................................... ...................................
....................
...................................
................................... ...................................
....................
...................................
................................... ...................................
....................
...................................
................................... ...................................
....................
(This document contains
................. pages, exclusive of cover.)
_____________________________________________________________________________
(3)
Photograph of holder and stamp of issuing authority
Finger-prints of holder (if required)
Signature of holder.................................................
(This document contains
..................... pages, exclusive of cover.)
_____________________________________________________________________________
(4)
1. This document is valid
for the following countries:
2. Document or documents on
the basis of which the present document is issued:
Issued at
Date
Signature and stamp of
authority issuing the document:
Fee paid:
(This document contains
.................. pages, exclusive of cover.)
_____________________________________________________________________________
(5)
Extension or renewal of validity
Fee paid: From
To
Done
at.........................................................................
Date
Signature and stamp of
authority extending or renewing
the validity of the
document:
_____________________
Extension or renewal of validity
Fee paid: From
To
Done at.........................................................................
Date
Signature and stamp of
authority extending or renewing
the validity of the
document:
(This document contains
..................... pages, exclusive of cover.)
_____________________________________________________________________________
(6)
Extension or renewal of validity
Fee paid: From
To
Done
at.........................................................................
Date
Signature and stamp of
authority extending or renewing
the validity of the
document:
_____________________
Extension or renewal of validity
Fee paid: From
To
Done
at.........................................................................
Date
Signature and stamp of
authority extending or renewing
the validity of the
document:
(This document contains
................... pages, exclusive of cover.)
_______________________________________________________________________________
(7-32)
Visas
The name of the holder of
the document must be repeated in each visa.
(This document contains
..................... pages, exclusive of cover.)