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
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
(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
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
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