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1 5. ROTOCOL RELATING TO THE S TATUS OF R EFUGEES P New York, 31 January 1967 . 4 October 1967, in accordance with article VIII. ENTRY INTO FORCE: REGISTRATION: 4 October 1967, No. 8791. STATUS: Parties: 145. United Nations, Treaty Series TEXT: , vol. 606, p. 267. Note: On the recommendation of the Executive Committee of the Programme of the United Nations High Commissioner for Refugees, the High Commissioner submitted the draft of the above-mentioned Protocol to the General Assembly of the United Nations, through the Economic and Social Council, in the addendum to his report concerning measures to extend the personal scope of the Convention relating to the Status of Refugees. The Economic and Social Council, in resolution 1186 1 (XLI) of 18 November 1966, took note with approval of the draft Protocol and transmitted the said addendum to the General 2 Assembly. The General Assembly, in resolution 2198 (XXI) of 16 December 1966, took note of the Protocol and 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." . Accession(a), Accession(a), Participant Succession(d) Succession(d) Participant Afghanistan... . 4 Mar 1980 a 30 Aug 2005 a . Colombia ... Congo ... Albania... . 10 Jul 1970 a . 18 Aug 1992 a Algeria ... Costa Rica... 8 Nov 1967 a 28 Mar 1978 a . . Angola ... Côte d'Ivoire ... . 23 Jun 1981 a . 16 Feb 1970 a 5 Antigua and Barbuda ... Croatia 12 Oct 1992 d 7 Sep 1995 a . ... . Cyprus ... Argentina ... . 6 Dec 1967 a . 9 Jul 1968 a 7 Armenia ... Czech Republic . 6 Jul 1993 a ... . 11 May 1993 d 3,4 Australia Democratic Republic of the Congo ... . ... 13 Jan 1975 a . 13 Dec 1973 a 4 Austria ... Denmark . 29 Jan 1968 a . ... 5 Sep 1973 a Azerbaijan... Djibouti... 9 Aug 1977 d . 12 Feb 1993 a . Dominica ... Bahamas... 17 Feb 1994 a . . 15 Sep 1993 a Dominican Republic ... Belarus ... 23 Aug 2001 a . . 4 Jan 1978 a Belgium ... Ecuador... 8 Apr 1969 a 6 Mar 1969 a . . Egypt ... Belize ... 22 May 1981 a 27 Jun 1990 a . . El Salvador ... Benin... 28 Apr 1983 a . . 6 Jul 1970 a Equatorial Guinea ... Bolivia ... . 9 Feb 1982 a 7 Feb 1986 a . 5 Estonia ... Bosnia and Herzegovina . ... 1 Sep 1993 d . 10 Apr 1997 a Botswana ... Ethiopia ... 10 Nov 1969 a . 6 Jan 1969 a . Fiji ... Brazil ... 7 Apr 1972 a . . 12 Jun 1972 d Finland... Bulgaria ... . 12 May 1993 a 10 Oct 1968 a . 4 France Burkina Faso... ... . 3 Feb 1971 a 18 Jun 1980 a . Burundi ... Gabon ... 15 Mar 1971 a . . 28 Aug 1973 a Cambodia... Gambia ... . 29 Sep 1967 a 15 Oct 1992 a . Georgia ... Cameroon... . 19 Sep 1967 a . 9 Aug 1999 a 8,9 Germany Canada ... ... . 5 Nov 1969 a 4 Jun 1969 a . Cape Verde ... Ghana... 30 Oct 1968 a . 9 Jul 1987 a . Central Africa n Republic ... Greece... 7 Aug 1968 a 30 Aug 1967 a . . Guatemala... Chad... 22 Sep 1983 a . . 19 Aug 1981 a Guinea ... Chile ... 27 Apr 1972 a 16 May 1968 a . . 6 Guinea-Bissau... China 24 Sep 1982 a 11 Feb 1976 a . ... . S ERSONS P TATELESS 1 EFUGEES AND R 5. V

2 Accession(a), Accession(a), Participant Succession(d) Succession(d) Participant Haiti ... 25 Sep 1984 a . 31 Jan 2002 a . Republic of Moldova ... Holy See ... Romania... 8 Jun 1967 a . . 7 Aug 1991 a Honduras... Russian Federation ... 2 Feb 1993 a . 23 Mar 1992 a . Rwanda ... Hungary ... 14 Mar 1989 a . 3 Jan 1980 a . Iceland ... Samoa ... 26 Apr 1968 a . . 29 Nov 1994 a Sao Tome and Principe... Iran (Islamic Republic of)... . 1 Feb 1978 a . 28 Jul 1976 a Senegal ... Ireland ... 3 Oct 1967 a . . 6 Nov 1968 a 5 Serbia Israel ... . ... . 12 Mar 2001 d 14 Jun 1968 a Italy... Seychelles ... 23 Apr 1980 a . 26 Jan 1972 a . Sierra Leone... Jamaica ... 22 May 1981 a 30 Oct 1980 a . . 7 Slovakia Japan ... 1 Jan 1982 a . ... . 4 Feb 1993 d 5 Slovenia Kazakhstan... ... . 6 Jul 1992 d . 15 Jan 1999 a Kenya... Solomon Islands ... . 13 Nov 1981 a . 12 Apr 1995 a Somalia ... Kyrgyzstan... . 10 Oct 1978 a . 8 Oct 1996 a Latvia ... South Africa... . 31 Jul 1997 a . 12 Jan 1996 a Spain ... Lesotho ... . . 14 Aug 1978 a 14 May 1981 a St. Vincent and the Grenadines ... Liberia... . . 3 Nov 2003 a 27 Feb 1980 a Sudan ... tein... Liechtens 23 May 1974 a 20 May 1968 a . . 11 Suriname Lithuania ... ... 29 Nov 1978 d . . 28 Apr 1997 a Swaziland ... Luxembourg... . . 22 Apr 1971 a 28 Jan 1969 a Malawi ... Sweden ... 4 Oct 1967 a . 10 Dec 1987 a . Switzer land ... Mali... 20 May 1968 a . . 2 Feb 1973 a Malta ... Tajikistan ... . 7 Dec 1993 a 15 Sep 1971 a . The former Yugoslav Republic of Mauritania... . 5 May 1987 a 5 Macedonia . ... 18 Jan 1994 d Mexico ... 7 Jun 2000 a . Timor-Leste ... 7 May 2003 a . Monaco ... . 16 Jun 2010 a Togo... 1 Dec 1969 a . Montenegro... . 10 Oct 2006 d Trinidad and Tobago ... . 10 Nov 2000 a Morocco... . 20 Apr 1971 a Tunisia ... . 16 Oct 1968 a Mozambique ... 1 May 1989 a . Turkey ... 31 Jul 1968 a . Namibia ... 17 Feb 1995 a . 4,10 Turkmenistan ... 2 Mar 1998 a . Netherlands ... 29 Nov 1968 a . Tuvalu... . 7 Mar 1986 d New Zealand... . 6 Aug 1973 a Uganda... 27 Sep 1976 a . Nicaragua... . 28 Mar 1980 a Ukraine ... 4 Apr 2002 a . Niger ... . 2 Feb 1970 a United Kingdom of Great Britain and Nigeria ... 2 May 1968 a . 4 Northern Ireland ... . 4 Sep 1968 a Norway ... 28 Nov 1967 a . of Tanzania ... United Republic 4 Sep 1968 a . Panama... . 2 Aug 1978 a United States of America... . 1 Nov 1968 a Papua New Guinea ... 17 Jul 1986 a . Uruguay ... 22 Sep 1970 a . Paraguay ... 1 Apr 1970 a . Venezuela (Bolivarian Republic of) ... . 19 Sep 1986 a Peru... 15 Sep 1983 a . 12 Yemen ... . 18 Jan 1980 a Philippines ... . 22 Jul 1981 a Zambia ... . 24 Sep 1969 a Poland ... . 27 Sep 1991 a Zimbabwe ... . 25 Aug 1981 a 6 Portugal 13 Jul 1976 a . ... Republic of Korea... 3 Dec 1992 a . 2 ERSONS P V S EFUGEES AND R 5. TATELESS

3 Declarations and Reservations (Unless otherwise indicated, the declaratio ns and reservations were made upon accession or succession.) NGOLA A THIOPIA E in accordance with article The Government of Angola, at it does not consider itself VII, paragraph 1, declares th [See chapter V.2.] bound by article IV of the Protocol, concerning settlement of disputes relating to the interpretation of the Protocol. F INLAND [See chapter V.2.] B OTSWANA "Subject to the reservation in respect of article IV of G HANA the said Protocol and in respect of the application in accordance with article I ther eof of the provisions of "The Government of Ghana does not consider itself articles 7, 17, 26, 31, 32 and 34 and paragraph 1 of article bound by article IV of the Protocol regarding the 12 of the Convention relating to the Status of Refugees, settlement of disputes." done at Geneva on 28 July 1951." 13 G UATEMALA B URUNDI H ONDURAS In acceding to this Protocol, the Government of the With respect to article I (1): Republic of Burundi enters the following reservations: The Government of the Republic of Honduras does ticle 22 are accepted, in 1. The provisions of ar not consider itself bound by those articles of the respect of elementary education, only Convention to which it has entered reservations. (a) In so far as they appl y to public education, and not to private education; (b) On the understanding that the treatment I SRAEL applicable to refugees sha ll be the most favourable "The Government of Israel accedes to the Protocol accorded to nationals of other States. subject to the same statements and reservations made at 2. The provisions of article 17 (1) and (2) are the time of ratifying the Convention [relating to the Status accepted as mere recommendatio ns and, in any event, of Refugees, done at Geneva on 28 July 1951], in shall not be interpreted as necessarily involving the of article VII (2) of the accordance with the provisions régime accorded to nationals of countries with which the Protocol." Republic of Burundi may have concluded regional, customs, economic or political agreements. 3. The provisions of article 26 are accepted only J AMAICA subject to the reservation that refugees: “[Subject] to the reservations set out below, ... [:] (a) Do not choose their place of residence in a The Government of Jamaica understands articles 1. region bordering on their country of origin; 8 and 9 of the Convention as not preventing it from en exercising their right (b) Refrain, in any event, wh taking, in time of war or other grave and exceptional to move freely, from any activity or incursion of a circumstances, measures in the interest of national subversive nature with respect to the country of which security in the case of a re fugee on the ground of his they are nationals. nationality. 2. The Government of Jamaica can only undertake C APE ERDE V that the provisions of paragraph 2 of article 17 of the Convention will be applied so far as the law of Jamaica In all cases where the 1951 Convention relating to the allows. refugees the most favorable Status of Refugees grants to The Government of Jamaica can only undertake 3. treatment accorded to nationals of a foreign country, this that the provisions of article 24 of the Convention will be provision shall not be interpreted as involving the régime applied so far as the law of Jamaica allows. accorded to nationals of count ries with which Cape Verde 4. The Government of Jamaica can only undertake has concluded regional customs, economic or political that the provisions of paragraphs l, 2, and 3 of article 25 agreements. of the Convention will be applied so far as the law of Jamaica allows. C HILE The Government of Jamaica does not accept the 5. obligation imposed by article IV of the Protocol relating [See chapter V.2.] to the Status of Refugees with regard to the settlement of disputes." C HINA With a reservation in respect of article 4. L ATVIA “Declaration C ONGO In accordance with paragraph 2 of the article VII of lic of Latvia declares that the [said Protocol], the Repub The Protocol is accepted with the exception of article rdance with article 41 of the the reservations made in acco IV. Convention Relating to the Status of Refugees of 1951 are E ALVADOR S L applicable in relation to the obligations under the Protocol." With the reservation that the Government of El [See chapter V.2.] ticle 4 of the Protocol. Salvador will not apply ar 3 ERSONS P V S EFUGEES AND R 5. TATELESS

4 S . V T INCENT AND THE G RENADINES L UXEMBOURG Reservation: ovisions of Article VII "In accordance with the pr [See chapter V.2.] paragraph 1 of the aforesaid Protocol, however, the Government of Saint Vincent and the Grenadines makes a M ALAWI reservation with respect to Articles IV of the Protocol that, for the submission of any dispute in terms of that "The Government of the Republic of Malawi reiterates article to the jurisdiction of the International Court of its declaration on recognition as compulsory the Justice, the express consent of all the parties to the dispute jurisdiction of the International Court of Justice made on is required in each case." mity with Article 36, 12 December, 1966 in confor paragraph 2 of the Statute of the Court. In this respect, the Government of the Republic of Malawi regards the S WAZILAND phrase `settled by other means' in Article 38 of the Convention and Article IV of the Protocol to be those Subject to the following reservations in respect of the means stipulated in Article 33 of the Charter of the United application of the Convention relating to the Status of Nations." Refugees, done at Geneva on 28 July 1951, under article I of the Protocol: "(1) The Government of the Kingdom of Swaziland M ALTA is not in a position to assume obligations as contained in ention, and therefore will not article 22 of the said Conv In accordance with article VII (2), the reservations to consider itself bound by the provisions therein; the Convention relating to the Status of Refugees of 28 (2) Similarly, the Government of the Kingdom of July 1951 by the Government of Malta on deposit of its Swaziland is not in a position to assume the obligations of instrument of accession on 17 June 1971, pursuant to article 34 of the said Convention, and must expressly article 42 of the said Convention, are applicable in ply the provisions therein." reserve the right not to ap relation to its obligations under the present Protocol. Declaration: 10 "The Government of the Kingdom of Swaziland N ETHERLANDS deems it essential to draw attention to the accession as a "In accordance with article VII of the Protocol, all Member of the United Nations, and not as a Party to the reservations made by the Kingdom of the Netherlands [Convention relating to the Status of Refugees] by reason upon signature and ratification of the Convention relating of succession or otherwise." to the Status of Refugees, which was signed in Geneva on 28 July 1951, are regarded to apply to the obligations T IMOR ESTE -L resulting from the Protocol." Declaration: P ERU "In conformity with Article VII and I of the Protocol, the Democratic Republic of Timor-Leste accedes to the [The Government of Peru] hereby expressly declares, Protocol, with the understanding that it has made with reference to the provisions of article I, paragraph 1, reservations to Articles 16 (2), 20, 21, 22, 23 and 24 of and article II of the aforementioned Protocol, that the Convention relating to the Status of Refugees adopted compliance with the obligations undertaken by virtue of by the General Assembly of the United Nations on the 28 the act of accession to that in strument shall be ensured by July, 1951." the Peruvian State using all the means at its disposal, and the Government of Peru shall endeavour in all cases to co- operate as far as possible with the Office of the United T URKEY Nations High Commissioner for Refugees. The instrument of accession stipulates that the Government of Turkey maintains the provisions of the P ORTUGAL declaration made under sec tion B of article 1 of the Convention relating to the Status of Refugees, done at “1. The Protocol will be applied without any Geneva on 28 July 1951, according to which it applies the geographical limitation. Convention only to persons who have become refugees as In all cases in which the Protocol confers upon 2. a result of events occurring in Europe, and also the the refugees the most favoured person status granted to reservation clause made upon ratification of the nationals of a foreign country, this clause will not be Convention to the effect that no provision of this interpreted in such a way as to mean the status granted by Convention may be interpreted as granting to refugees Portugal to the nationals of Brazil or to the nationals of greater rights than those acc orded to Turkish citizens in other countries with whom Portugal may establish Turkey. commonwealth type relations." 14 U GANDA R EPUBLIC OF K OREA [See chapter V.2.] R WANDA Reservation to article IV: U REAT K NITED ORTHERN INGDOM OF G B RITAIN AND N For the settlement of any dispute between States I RELAND Parties, recourse may be had to the International Court of "(a) In accordance with the provisions of the first Justice only with the prior agreement of the Rwandese sentence of Article VII.4 of the Protocol, the United Republic. om the application of the Kingdom hereby excludes fr Protocol the following territories for the international S OMALIA relations of which it is responsible: Jersey, Southern Rhodesia, Swaziland. [See chapter V.2.] (b) In accordance with th e provisions of the second sentence of Article VII.4 of the said Protocol, the United Kingdom hereby extends the application of the Protocol S ERSONS P TATELESS 4 EFUGEES AND R 5. V

5 insofar as that paragraph may conflict in certain instances to the following territories for the international relations with any provisions of title II (old age, survivors' and of which it is responsible: St. Lucia, Montserrat." disability insurance) or title XVIII (hospital and medical insurance for the aged) of the Social Security Act. As to U R EPUBLIC OF T ANZANIA NITED n, the United States will accord to any such provisio refugees lawfully staying in its territory treatment no less "Subject to the reservation, hereby made, that the favorable than is accorded aliens generally in the same provisions of Article IV of the Protocol shall not be circumstances." applicable to the United Republic of Tanzania except within the explicit consent of the Government of the United Republic of Tanzania." V ) ENEZUELA (B OLIVARIAN EPUBLIC OF R In implementing the provisions of the Protocol which U S TATES OF A MERICA NITED confer on refugees the most favourable treatment accorded to nationals of a fo reign country, it shall be With the following reservations in respect of the understood that such treatment does not include any rights article I of the Protocol, of application, in accordance with and benefits which Venezuela has granted or may grant the Convention relating to the Status of Refugees, done at regarding entry into or sojourn in Venezuela territory to New York on 28 July 1951: nationals of countries with which Venezuela has "The United States of America construes Article 29 of concluded regional or subregional integration, customs, the Convention as applying only to refugees who are economic or political agreements. resident in the United States and reserves the right to tax The instrument of accession also contains a refugees who are not residents of the United States in reservation in respect of article IV. accordance with its general rules relating to non-resident aliens. The United States of America accepts the obligation of paragraph 1 (b) of Article 24 of the Convention except Objections (Unless otherwise indicated, the objections were made upon accession or succession.) ELGIUM B I TALY [See chapter V.2.] [See chapter V.2.] E THIOPIA L UXEMBOURG [See chapter V.2.] [See chapter V.2.] F RANCE N ETHERLANDS [See chapter V.2.] [See chapter V.2.] 8 G ERMANY [See chapter V.2.] Territorial Application receipt o f D the ate o f notification Territories Participant 4 29 Jul 1971 Netherlands Suriname United Kingdom of Bahama Islands 20 Apr 1970 Great Britain and 4,15 Northern Ireland 20 Feb 1996 Jersey Notes: 3 1 Official Records of the Economic and Social Council, With the following declaration: "The Government of Australia will not extend the pr ovisions of the Protocol to Forty-first Session, Supplement No. 1A (E/4264/Add.1), p. 1. Papua/New Guinea." 2 Official Records of the General Assembly, Twenty-first 4 In accordance with article VII (4) of the Protocol, Session, Supplement No. 16 (A/6316), p. 48. TATELESS ERSONS P 5 S EFUGEES AND R 5. V

6 formulated on 29 July 1951 by the Netherlands when the declarations made under article 40, paragraphs 1 and 2, of the Convention and Protocol relating to the Status of Refugees were Convention (territorial application) by a State Party thereto extended to Suriname. which accedes to the Protocol shall be deemed to apply in respect of the Protocol, unless upon accession a notification to 12 the contrary is addressed by the State Party to the Secretary- The formality was effected by the Yemen Arab Republic. General. See Chapter V-2. See also note 1 under “Yemen” in the “Historical Information” section in the front matter of this volume. 5 The former Yugoslavia had acceeded to the Protocol on 15 13 January 1968. See also note 1 under “Bosnia and Herzegovina”, In a communication received on 26 April 2007, the “Slovenia”, “The Former “Croatia”, “former Yugoslavia”, Government of the Republic of Guatemala notified the Yugoslav Republic of Macedoni a” and “Yugoslavia” in the Secretary-General that it has decided to withdraw the reservation “Historical Information” section in the front matter of this and declaration made upon accession to the Convention. The volume. text of the reservation and declaration withdrawn reads as follows: 6 On 27 April 1999, the Government of Portugal informed es to the Convention relating The Republic of Guatemala acced the Secretary-General that the Pr otocol would apply to Macao. Protocol, with the reservation to the Status of Refugees and its Subsequently, on 18 November and 3 December 1999, the struments in respect that it will not appl y provisions of those in Secretary-General received communications concerning the of which the Convention allows re servations if those provisions status of Macao from the Governments of Portugal and China contravene constitutional precepts in Guatemala or norms of (see also note 3 under “China” and note 1 under “Portugal” public order under domestic law. regarding Macao in the “Historical Information” section in the front matter of this volume). Upon resuming the exercise of The expression "treatment as favourable as possible" in all sovereignty over Macao, China notified the Secretary-General articles of the Convention and of the Protocol in which the that the Convention with the reservation made by China will terpreted as not including rights expression is used should be in also apply to the Macao Special Administrative Region. which, under law or treaty, the Republic of Guatemala has 7 accorded or is according to nationals of the Central American Czechoslovakia had acceeded to the Protocol on 26 countries or of other countries wi th which it has concluded or is November 1991. See also note 1 under “Czech Republic” and entering into agreements of a regional nature. istorical Information” section note 1 under “Slovakia” in the “H in the front matter of this volume. 14 In a communication received on 1 September 2009, the 8 Government of the Republic of Korea notified the Secretary- The German Democratic Republic had acceded to the General that it has decided to wi thdraw the reservation in respect Protocol on 4 September 1990. See also note 2 under to article 7 made upon accession to the Convention as of 8 “Germany” in the “Historical Information” section in the front September 2009. The text of the reservation withdrawn reads as matter of this volume. follows: 9 rding Berlin (West) in See note 1 under “Germany” rega "The Republic of Korea declares pursuant to article 7 of the the “Historical Information” section in the front matter of this article 7 of the Convention Protocol that it is not bound by volume. relating to the Status of Refugees, which provides for the 10 exemption of refugees from legislative reciprocity after fulfilling The Kingdom of the Netherlands accedes to the said the condition of three years' residence in the territory of the Protocol so far as the territory of the Kingdom situated in Contracting States." Europe is concerned; and, as from 1 January 1986, for Aruba. 15 11 Subject to the reservation which was formulated on behalf Upon notifying its succession (29 November1978) the of the Bahama Islands in respect of the Convention relating to ed the Secretary-General that Government of Suriname inform the Status of Refugees. the Republic of Suriname did not succeed to the reservations S ERSONS P TATELESS 6 EFUGEES AND R 5. V

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