TRATTATI
PROTOCOL RELATING TO THE STATUS
OF REFUGEES
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.
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.
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.
Fonte: http://www.ohchr.org
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