Protocol Relating to the Status of Refugees, 606 U.N.T.S. 267,
entered into force Oct. 4, 1967.
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 Stares mentioned in article 5 thereof,
with a view to enabling them to accede to the Protocol
ENTRY INTO FORCE: 4 October 1967, in accordance with article
8
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.
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 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
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.
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