1967 Protocol to the Convention relating to the Status of Refugees

1967 Protocol to the Convention relating to the Status of Refugees.pdf

The Protocol was taken note of with approval by the Economic and Social Council in resolution

1186 (XLI) of 18 November 1966 and was taken note of by the General Assembly in resolution

2198 (XXI) of 16 December 1966. In the same resolution the General Assembly 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

entry into force 4 October 1967, in accordance with article VIII

The States Parties > to the present Protocol,

Considering that the Convention relating to the Status of Refugees done at Geneva on 28 July

1951 (hereinafter referred to as the Convention) covers only those persons who have become

refugees as a result of events occurring before I January 1951,

Considering that new refugee situations have arisen since the Convention was adopted and

that the refugees concerned may therefore not fall within the scope of the Convention,

Considering that it is desirable that equal status should be enjoyed by all refugees covered by

the definition in the Convention irrespective of the dateline I January 1951,

Have agreed as follows:

Article 1. 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 I 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 I B (I) (a) of the Convention, shall, unless extended under article I B

(2) thereof, apply also under the present Protocol.

Article 2. 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.

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Article 3. 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 4. 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 5. 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 6. 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 7. 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.

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3. Any State making a reservation in accordance with paragraph I of this article may at any

time withdraw such reservation by a communication to that effect addressed to the Secretary-

General of the United Nations.

4. Declarations made under article 40, paragraphs I 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 muratis mutandis to the present Protocol.

Article 8. Entry into Protocol

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 9. 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 10. 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 11. 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 5 above.