COLLECTION OF INTERNATIONAL INSTRUMENTS AND OTHER LEGAL TEXTS CONCERNING REFUGEES AND DISPLACED PERSONS

Transcription

1 COLLECTION OF INTERNATIONAL INSTRUMENTS AND OTHER LEGAL TEXTS CONCERNING REFUGEES AND DISPLACED PERSONS VOLUME I UNIVERSAL INSTRUMENTS Published by the DIVISION OF INTERNATIONAL PROTECTION OF THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES Geneva, 1995

2 CONTENTS VOLUME I UNIVERSAL INSTRUMENTS Section I Refugees, Stateless Persons and Victims of Conflicts I. Statute of the Office of the United Nations High Commissioner for Refugees II. III. IV. Convention relating to the Status of Refugees of 28 July Protocol relating to the Status of Refugees of 31 January Definitions of "refugee" according to agreements, conventions and protocols mentioned in article 1 A (1) of the Geneva Convention of 28 July V. Constitution of the International Refugee Organization. 46 VI. VII. VIII. IX. Agreement relating to Refugee Seamen of 23 November Protocol to the Agreement relating to Refugee Seamen of 12 June United Nations Declaration on Territorial Asylum of 14 December Convention relating to the Status of Stateless Persons of 28 September X. Convention on the Reduction of Statelessness of 30 August XI. XII. Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 (Excerpts) Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) (Excerpts)

3 XIII. Convention concerning International Cooperation regarding Administrative Assistance to Refugees of 3 September XXVI. Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity of 26 November XIV. XV. XVI. Convention for the Reduction of Cases of Statelessness of 13 September Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) of 8 June Special Protocol concerning Statelessness of 12 April Section II Human Rights XXVII. XXVIII. XXIX. XXX. Second Optional Protocol to the International Covenant on Civil and Political Rights (Aiming at the Abolition of the Death Penalty) of 15 December Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December Principles of International Co-operation in the Detection, Arrest, Extradition and Punishment of Persons Guilty of War Crimes and Crimes against Humanity of 3 December Declaration on the Human Rights of the Individuals who are not Nationals of the Country in which they live of 13 December XVII. Universal Declaration of Human Rights of 10 December XVIII. XIX. International Covenant on Civil and Political Rights of 16 December 1966 and Optional Protocol thereto International Covenant on Economic, Social and Cultural Rights of 16 December XXXI. XXXII. UNESCO Convention against Discrimination in Education of 14 December Declaration on the Protection of Women and Children in Emergency and Armed Conflict of 14 December XXXIII. Vienna Declaration on Human Rights of 25 June XX. XXI. XXII. XXIII. XXIV. Final Act of the International Conference on Human Rights-Teheran, 22 April-13 May 1968-Proclamation of Teheran-Resolution on Co-operation with UNHCR. 191 Convention on the Political Rights of Women of 31 March Declaration of the Rights of the Child of 20 November International Convention on the Elimination of All Forms of Racial Discrimination of 21 December International Convention on the Suppression and Punishment of the Crime of Apartheid of 30 November XXXIV. XXXV. XXXVI. XXXVII. XXXVIII. Declaration on the Protection of All Persons from Enforced Disappearance of 18 December International Convention against the Taking of Hostages of 17 December Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities of 18 December Convention concerning the Issue of Certificates of Non Impediment to Marriage of 5 September Convention on the Elimination of All Forms of Discrimination against Women of 18 December XXV. Convention on the Prevention and Punishment of the Crime of Genocide of 9 December XXXIX. Convention on the Rights of the Child of 20 November

4 XL. XLI. XLII. XLIII. XLIV. XLV. XLVI. XLVII. Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally of 3 December Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption of 29 May United Nations Rules for the Protection of Juveniles Deprived of their Liberty of 14 December Convention on the Civil Aspects of Child Abduction of 25 October International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families of 18 December Recommendation No. 86 Concerning Migration for Employment (revised 1949) and Additional Annex (which consists of a Model Agreement on Temporary and Permanent Migration for Employment, including Migration of Refugees and Displaced Persons) of8 June Section III Internally Displaced Persons Resolution on internally displaced persons of 5 March Resolution 1993/95 on internally displaced persons of 11 March L. Convention on the Recovery Abroad of Maintenance of 20 June LI. LII. LIII. LIV. LV. LVI. LVII. LVIII. LIX. Convention No. 118 concerning Equality of Treatment of Nationals and Non-Nationals in Social Security of 28 June 1962 (Excerpts) Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents of 14 December International Convention relating to Stowaways of 10 October Convention Establishing an International Family Record Booklet of 12 September Convention for the Suppression of Unlawful Seizure of Aircraft of16 December Convention on Offences and Certain Acts Committed on Board Aircraft of 14 September Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation of23 September Annex Nine to the Convention on International Civil Aviation (Ninth edition, July 1990) Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations Index VOLUME II REGIONAL INSTRUMENTS Section IV Miscellaneous Instruments Section I Africa XLVIII. Charter of the United Nations A. Human Rights and Refugees XLIX. Protocol No. 1 annexed to the Universal Copyright Convention as revised at Paris on 24 July 1971, concerning the Application of that Convention to Works of Stateless Persons and Refugees I. OAU Convention governing the specific aspects of refugee problems in Africa of 10 September II. Principles concerning Treatment of Refugees of

5 ill. IV. African Charter on Human and Peoples' Rights of June Recommendations from the Pan-African Conference on the Situation of Refugees in Africa of 7-17 May V. Oslo Declaration and Plan of Action on the Plight of Refugees, Returnees and Displaced Persons in Southern Africa of22-24 August VI. VII. VID. Second futernational Conference on Assistance to Refugees in Africa of 9-19 April Declaration on African Refugee Crises of September Addendum to the Principles concerning Treatment of Refugees of27 January XVI. XVII. XVIII. XIX. XX. Section II North Africa, South West Asia First Seminar of Arab Experts on Asylum and Refugee Law of January Third Seminar of Arab Experts on Asylum and Refugee Law of 2-4 November Fourth Seminar of Arab Experts on Asylum and Refugee Law of November Cairo Declaration on Human Rights in Islam of 31 July- 9 August The Riyadh Arab Agreement for Juridical Cooperation of 6 April IX. Addendum to the Status and Treatment of Refugees of 13 January X. African Charter on the Rights and Welfare of the Child of 11 July XI. XII. XIII. XIV. XV. Statement of the Horn of Africa Conference on Humanitarian Issues of 9 April B. Internally Displaced Persons Resolution 45/137 on Assistance to Refugees, Returnees and Displaced Persons in Africa of 14 December Resolution Concerning Emergency Humanitarian Assistance to Liberian Refugees and Displaced Persons of 14 December Resolution 46/108 on Assistance to Refugees, Returnees and Displaced Persons in Africa of 16 December Resolution 47/107 on Assistance to Refugees, Returnees and Displaced Persons in Africa of 16 December XXI. Section III Americas A. Human Rights and Refugees American Convention on Human Rights "Pact of San Jose, Costa Rica" of 22 November XXII. Treaty on International Penal Law of23 January XXID. Convention on Asylum of 20 February XXIV. Convention on Political Asylum of 26 December XXV. Treaty on International Penal Law of 19 March XXVI. Convention on Territorial Asylum of 28 March XXVII. Convention on Diplomatic Asylum of 28 March XXVID. XXIX. XXX. XXXI. American Declaration of the Rights and Duties of Man, Treaty on Political Asylum and Refuge of 4 August Cartagena Declaration on Refugees of November Inter-American Convention on Extradition of 25 February

6 XXXII. XXXIII. XXXIV. XXXV. XXXVI. XXXVII. XXXVIII. XXXIX. XL. XLI. XLII. XLIII. XLIV. OAS Protocol to the American Convention on Human Rights to Abolish the Death Penalty of 8 June Inter-American Convention to Prevent and Punish Torture of 9 December B. Internally Displaced Persons Resolution 46/107 about the International Conference on Central American Refugees of 16 December Resolution 47/103 about the International Conference on Central American Refugees of 16 December Section IV Europe A. Council of Europe European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 and Protocols 1, 2, 3, 4 and European Agreement on the Abolition of Visas for Refugees of 20 April Recommendation 293 (1961) on the Right of Asylum of 26 September Resolution 14 (1967) on asylum to persons in danger of persecution of 29 June Declaration on Territorial Asylum of 18 November European Convention on Social Security of 14 December 1972 (Excerpts) European Convention on Extradition of 13 December Treaties and other Texts European Convention on the Legal Status of Migrant Workers of 24 November European Convention on the Suppression of Terrorism of 27 January XLV XLVI. XLVII. XL VIII. European Agreement on Transfer of Responsibility for Refugees of 16 October European Convention on the Repatriation of Minors of 28 May European Convention on Consular Functions of 11 December Protocol to the European Convention on Consular Functions concerning the protection of refugees of 11 December XLIX. European Social Charter of 18 October L. Additional Protocol to the European Social Charter of 5 May LI. LII. LIII. LIV. LV. LVI. Protocol Amending the European Social Charter of 21 October Protocol No. 6 to the European Convention for the Protection of Human Rights and Fundamental Freedoms of 28 April Protocol No. 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms of 22 November Protocol No.8 to the European Convention for the Protection of Human Rights and Fundamental Freedoms of 19 March Protocol No. 9 to the European Convention for the Protection of Human Rights and Fup.damental Freedoms of 6 November Protocol No. 10 to the European Convention for the Protection of Human Rights and Fundamental Freedoms of 25 March Resolutions and Recommendations LVII. Recommendation 434 (1965) on the Right of Asylum LVIII. LIX. Recommendation 564 (1969) on the Acquisition by Refugees of the Nationality of their Country of Residence Resolution 70 (2) (1970) on the Acquisition by Refugees of the Nationality of their Country of Residence LX. Recommendation 773 (1976) on De Facto Refugees

7 LXI. Recommendation 775 (1976) on the Preparation of an Agreement Concerning the Transfer of Responsibility for Refugees who move lawfully from one Member State of the Council of Europe to another LXII. Recommendation 787 (1976) on the Harmonisation of Eligibility Practice under the 1951 Geneva Convention on the Status of Refugees and the 1967 Protocol LXIII. Recommendation 817 ( 1977) on Certain Aspects of the Right to Asylum LXIV. Recommendation R (81) 16 on the Harmonisation of National Procedures Relating to Asylum LXV. Recommendation R (84) 1 on the Protection of Persons Satisfying the Criteria in the Geneva Convention who are not Formally Recognised as Refugees LXVI. Recommendation 984 (1984) on the Acquisition by Refugees of the Nationality of the Receiving State LXVII. Recommendation 1016 (1985) on Living and Working Conditions of Refugees and Asylum Seekers LXVIII. Recommendation 1088 (1988) on the Right to Territorial Asylum LXIX. Order442 (1988) on the Right to Asylum LXX. LXXI. LXXII. LXXIII. LXXIV. LXXV. Recommendation 1090 ( 1988) on the situation of the Palestine Refugees Recommendation 1163 (1991) on the Arrival of Asylumseekers at European Airports Order 447 (1991) on the Arrival of Asylum-seekers at European Airports Recommendation 1149 (1991) on Europe of 1992 and Refugee Policies Recommendation 1151 (1991) on the Reception and Settlement of Refugees in Turkey Recommendation 1152 (1991) on the Situation of the Palestine Refugees and the Immigration of Soviet Jews to Israel LXXVIT. LXXVIII. LXXIX. Resolution 1010 (1993) on the Situation of the Refugees and Displaced Persons in Serbia, Montenegro and the Former Yugoslav Republic of Macedonia.... Recommendation 1205 (1993) on the Situation of Refugees and Displaced Persons in Several Countries of the Former Yugoslavia.... Recommendation 1236 (1994) on the right of territorial asylum.... B. European Union LXXX. Social Security of Migrant Workers.... LXXXI. LXXXII. LXXXIII. Convention determining the state responsible for examining applications for asylum lodged in one of the member states of the Community.... Three texts adopted by the Ministers responsible for immigration of the member states of the European Community.... Resolution A3-0337/92 on the Harmonisation within the European Community of Asylum Law and Policies of 15 November C. Other texts of relevance for Europe LXXXIV. Conference on Security and Co-operation in Europe: final act LXXXV. Resolution on the situation of human rights in the territory of the Former Yugoslavia LXXXVI. European Agreement on the Gradual Abolition of Controls at the Common Frontiers (Schengen Agreement). 534 LXXXVII. Schengen Implementation Convention LXXXVIIT. Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in the Arab and European States bordering on the Mediterranean Index LXXVI. Resolution 1000 (1993) on Vietnamese Migrants and Asylum-seekers in Hong Kong ("boat people")