United Nations Conference of Plenipotentiaries on the Status of Refugees
22/04/1954
Preamble
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 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 co-operation,
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 co-ordination of measures taken to deal with this problem will
depend upon the co-operation 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 a
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 to 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 alternative (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
re-acquired 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 connection 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
of the circumstances in connection 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 practise 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 purposes 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 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 judicatem 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 State 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 programmes 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 that 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 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 refugee 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
regularized 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
Co-operation of the national authorities with the United Nations.
(1)The Contracting States 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 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 hereafter 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 re-opened 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 ratification 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