Convention relating to the Status of Refugees

The Contracting States recall the Charter of the United Nations and the Universal Declaration of Human Rights, which affirm that human beings shall enjoy fundamental rights and freedoms without discrimination. They note the concern of the United Nations for refugees and the effort to assure refugees the widest possible exercise of these rights and freedoms. They consider the need to revise and consolidate earlier international agreements on the status of refugees and to extend their scope and protection by a new agreement. They also recognize that granting asylum may place heavy burdens on certain countries and that satisfactory solutions require international cooperation.

The Convention defines who is a refugee. It covers persons previously recognized under earlier refugee arrangements and, principally, persons outside their country of nationality or former habitual residence owing to events occurring before 1 January 1951 and a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, who are unable or unwilling to avail themselves of that country's protection or to return. It also contains cessation clauses for persons who regain protection or nationality, voluntarily re-establish themselves, or no longer need protection because circumstances have fundamentally changed. It excludes persons receiving protection or assistance from another United Nations agency, persons treated as having rights and obligations attached to nationality in their country of residence, and persons with serious reasons for considering that they committed crimes against peace, war crimes, crimes against humanity, serious non-political crimes outside the country of refuge, or acts contrary to United Nations purposes and principles. It preserves the original temporal and optional geographical formula of the 1951 Convention.

Every refugee has duties to the country in which he or she is present, including the duty to conform to its laws and regulations and to measures taken for the maintenance of public order.

Contracting States shall apply the Convention to refugees without discrimination as to race, religion or country of origin.

Contracting States shall accord refugees treatment at least as favourable as that accorded to nationals with respect to freedom to practise religion and freedom as regards the religious education of their children.

Nothing in the Convention impairs any rights and benefits granted by a Contracting State to refugees apart from the Convention.

For the Convention, the expression 'in the same circumstances' means that the refugee must satisfy any requirements that a particular individual would have to satisfy for enjoyment of the right concerned, except requirements which by their nature a refugee cannot fulfil, especially requirements of nationality.

Except where the Convention grants more favourable treatment, a State shall accord refugees the same treatment as aliens generally. After three years of residence refugees are exempt from legislative reciprocity. Existing rights and benefits acquired without reciprocity are preserved, and States should consider extending exemption from reciprocity further.

Exceptional measures that may be taken against the person, property or interests of nationals of a foreign State shall not be applied to a refugee solely because the refugee formally has the nationality of that State, where the refugee is in fact not enjoying its protection.

Nothing prevents a Contracting State, in time of war or other grave and exceptional circumstances, from taking provisional measures against a particular person where it considers them essential to national security pending a determination that the person is a refugee and that continuation of such measures is necessary.

Where a refugee was forcibly displaced during the Second World War and removed to the territory of a Contracting State, the period of compelled sojourn is counted as lawful residence. If the refugee later returned voluntarily and then came back to that State, time before and after the compelled sojourn is treated consistently for rights requiring uninterrupted residence.

For refugee seamen regularly serving on ships flying the flag of a Contracting State, that State shall give sympathetic consideration to establishment on its territory and to issuance of travel documents or temporary admission, especially to facilitate establishment elsewhere.

A refugee's personal status is governed by the law of the country of domicile or, if there is no domicile, by the law of residence. Rights previously acquired and dependent on personal status, especially marriage rights, shall be respected, subject to formalities required by the State.

As regards movable and immovable property and related rights, leases and contracts, Contracting States shall accord refugees treatment as favourable as possible and not less favourable than that accorded to aliens generally in the same circumstances.

In the country of habitual residence, a refugee shall receive the same protection as nationals for artistic rights and industrial property, including inventions, designs, trademarks and trade names. In other Contracting States, refugees receive the same protection as nationals of the country of habitual residence.

As regards non-political and non-profit associations and trade unions, Contracting States shall accord refugees lawfully staying in their territory the most favourable treatment accorded to nationals of a foreign country in the same circumstances.

A refugee has free access to the courts of law in all Contracting States. In the State of habitual residence, a refugee enjoys the same treatment as a national regarding access to courts, legal assistance and exemption from security for costs. In other States, treatment is not less favourable than that accorded to nationals of the country of habitual residence.

For wage-earning employment, Contracting States shall accord refugees lawfully staying in their territory the most favourable treatment accorded to nationals of a foreign country in the same circumstances. Restrictive measures imposed on aliens for protection of the national labour market shall not apply to certain refugees already exempt or meeting residence, family or marriage conditions, and States should consider assimilating all refugees to nationals in this respect.

For self-employment in agriculture, industry, handicrafts and commerce, and for establishing commercial and industrial companies, Contracting States shall accord refugees lawfully in their territory treatment as favourable as possible and not less favourable than that accorded to aliens generally.

For liberal professions, Contracting States shall accord refugees lawfully staying in their territory who hold diplomas recognized by competent authorities and wish to practise a profession treatment as favourable as possible and not less favourable than that accorded to aliens generally.

Where a rationing system exists for the population at large regulating general distribution of scarce products, refugees shall receive the same treatment as nationals.

As regards housing, where the matter is regulated by laws or public authorities, Contracting States shall accord refugees lawfully staying in their territory treatment as favourable as possible and not less favourable than that accorded to aliens generally.

Refugees shall receive the same treatment as nationals with respect to elementary education. For education other than elementary education, including access to studies, recognition of certificates and diplomas, fee remission and scholarships, they shall receive treatment as favourable as possible and not less favourable than aliens generally.

Contracting States shall accord refugees lawfully staying in their territory the same treatment as nationals with respect to public relief and assistance.

For labour legislation and social security, refugees lawfully staying in the territory shall receive the same treatment as nationals in matters such as remuneration, hours of work, overtime, holidays, minimum age, apprenticeship, women's and young persons' work, collective bargaining, work injury, occupational disease, maternity, sickness, disability, old age, death, unemployment, family responsibilities and other contingencies covered by social security, subject to stated limitations and arrangements.

Where a refugee normally needs assistance of authorities of a foreign country to exercise a right but cannot have recourse to them, the State of residence shall arrange for such assistance through its own authorities or an international authority. Documents issued in this way shall substitute for official documents normally delivered by national authorities and shall be accepted unless disproved.

Each Contracting State shall accord refugees lawfully in its territory the right to choose their place of residence and to move freely within the territory, subject to regulations applicable to aliens generally in the same circumstances.

Contracting States shall issue identity papers to any refugee in their territory who does not possess a valid travel document.

Contracting States shall issue travel documents to refugees lawfully staying in their territory for travel outside the territory, unless compelling reasons of national security or public order require otherwise. The documents shall conform to the Schedule and be recognized by Contracting States. States may also issue travel documents to other refugees in their territory and shall give sympathetic consideration to refugees unable to obtain such documents from their country of lawful residence.

Contracting States shall not impose on refugees duties, charges or taxes other or higher than those imposed on nationals in similar situations. This does not prevent application to refugees of laws concerning charges for administrative documents issued to aliens, including identity papers.

A Contracting State shall permit refugees, in conformity with its laws and regulations, to transfer assets brought into its territory to another country where they have been admitted for resettlement, and shall give sympathetic consideration to transfer of other assets needed for resettlement.

States shall not impose penalties on refugees who enter or are present unlawfully when they come directly from a territory where their life or freedom was threatened, present themselves without delay and show good cause for illegal entry or presence. Restrictions on movement shall be only necessary and applied until status is regularized or admission to another country is obtained.

A refugee lawfully in the territory may be expelled only on grounds of national security or public order. Expulsion must be in pursuance of a decision reached in accordance with due process of law, and the refugee must normally be allowed to submit evidence, appeal and be represented. A reasonable period shall be allowed to seek legal admission into another country, subject to necessary internal measures.

No Contracting State shall expel or return a refugee in any manner whatsoever to frontiers of territories where the refugee's life or freedom would be threatened because of race, religion, nationality, membership of a particular social group or political opinion. This protection may not be claimed by a refugee for whom there are reasonable grounds to regard the person as a danger to the security of the host country or who, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community.

Contracting States shall as far as possible facilitate assimilation and naturalization of refugees, particularly by expediting naturalization proceedings and reducing charges and costs as far as possible.

Contracting States undertake to cooperate with the Office of the United Nations High Commissioner for Refugees or any successor United Nations agency in the exercise of its functions, especially by facilitating its duty of supervising application of the Convention. They shall provide requested information and statistical data concerning the condition of refugees, implementation of the Convention and laws relating to refugees.

Contracting States shall communicate to the Secretary-General of the United Nations the laws and regulations they adopt to ensure application of the Convention.

The Convention replaces, as between parties to it, earlier refugee arrangements and conventions of 1922, 1924, 1926, 1928, 1933, 1938 and the 1939 Protocol, as applicable.

Any dispute between parties concerning interpretation or application of the Convention that cannot be settled by other means shall be referred to the International Court of Justice at the request of any party to the dispute.

The Convention was opened for signature at Geneva and later at United Nations Headquarters, subject to ratification and open to accession. Instruments of ratification or accession are deposited with the Secretary-General of the United Nations.

Any State may, at signature, ratification or accession or later, declare that the Convention extends to all or any territories for whose international relations it is responsible. The Convention extends to the named territory from the relevant date and subject to constitutional requirements, and declarations may be modified.

For federal or non-unitary States, federal obligations apply to provisions within federal legislative jurisdiction, while provisions within constituent units' jurisdiction are brought to their attention with favourable recommendation. Such States shall provide statements on law and practice when requested.

At signature, ratification or accession, a State may make reservations to articles other than articles 1, 3, 4, 16(1), 33, 36-46 inclusive. Reservations may be withdrawn at any time by communication to the Secretary-General.

The Convention enters into force on the ninetieth day after deposit of the sixth instrument of ratification or accession. For each later State, it enters into force on the ninetieth day after deposit of its instrument.

A Contracting State may denounce the Convention by notification to the Secretary-General. Denunciation takes effect one year after receipt. Territorial application may also be terminated by notification for territories under article 40.

Any Contracting State may request revision of the Convention by notification to the Secretary-General. The General Assembly recommends steps to be taken, if any, in respect of such request.

The Secretary-General shall inform all United Nations Members and eligible non-member States of signatures, ratifications, accessions, entry into force, declarations and notifications concerning territorial application, reservations and withdrawals, denunciations and revision requests.

The Schedule sets technical rules for the refugee travel document issued under article 28. The document must be in booklet form, valid for one or two years at the issuing authority's discretion, contain prescribed languages and statements, allow children to be included where appropriate, and be issued for fees not exceeding the lowest scale for national passports. It regulates recognition by other States, visas, return clauses, renewal, transfer of responsibility for issuing new documents, withdrawal of old documents, diplomatic or consular issue in exceptional cases, and the duty of issuing States to readmit the holder during the validity period according to the stated return clause.