UNIVERSAL DECLARATION OF HUMAN RIGHTS Adopted and proclaimed by UN General Assembly Resolution 217 A (III) of 10 December 1948 Text: UN Document A/810, p. 71 (1948) PREAMBLE Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, Now, therefore, The General Assembly proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. Refugee Survey Quarterly, Vol. 27, No. 3 ß UNHCR [2008]. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org DOI:10.1093/rsq/hdn037
150 Documents Article 1 All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. Article 3 Everyone has the right to life, liberty and security of person. Article 4 No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Article 6 Everyone has the right to recognition everywhere as a person before the law. Article 7 All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. Article 9 No one shall be subjected to arbitrary arrest, detention or exile. Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. Article 11 1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
Universal Declaration of Human Rights 151 2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed. Article 12 No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. Article 13 1. Everyone has the right to freedom of movement and residence within the borders of each state. 2. Everyone has the right to leave any country, including his own, and to return to his country. Article 14 1. Everyone has the right to seek and to enjoy in other countries asylum from persecution. 2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations. Article 15 1. Everyone has the right to a nationality. 2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. Article 16 1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. 2. Marriage shall be entered into only with the free and full consent of the intending spouses. 3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. Article 17 1. Everyone has the right to own property alone as well as in association with others.
152 Documents 2. No one shall be arbitrarily deprived of his property. Article 18 Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. Article 19 Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Article 20 1. Everyone has the right to freedom of peaceful assembly and association. 2. No one may be compelled to belong to an association. Article 21 1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. 2. Everyone has the right of equal access to public service in his country. 3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. Article 22 Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. Article 23 1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. 2. Everyone, without any discrimination, has the right to equal pay for equal work. 3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. 4. Everyone has the right to form and to join trade unions for the protection of his interests.
Universal Declaration of Human Rights 153 Article 24 Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. Article 25 1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. 2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection. Article 26 1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. 2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. 3. Parents have a prior right to choose the kind of education that shall be given to their children. Article 27 1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. 2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. Article 28 Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized. Article 29 1. Everyone has duties to the community in which alone the free and full development of his personality is possible.
154 Documents 2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. 3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations. Article 30 Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
United Nations Declaration on Territorial Asylum 155 UNITED NATIONS DECLARATION ON TERRITORIAL ASYLUM Adopted by UN General Assembly Resolution 2312 (XXII) of 14 December 1967 Text: UN Document A/6716 (1967) The General Assembly, Recalling its resolutions 1839 (XVII) of 19 December 1962, 2100 (XX) of 20 December 1965 and 2203 (XXI) of 16 December 1966 concerning a declaration on the right of asylum, Considering the work of codification to be undertaken by the International Law Commission in accordance with General Assembly resolution 1400 (XIV) of 21 November 1959, Adopts the following Declaration: DECLARATION ON TERRITORIAL ASYLUM The General Assembly, Noting that the purposes proclaimed in the Charter of the United Nations are to maintain international peace and security, to develop friendly relations among all nations and to achieve international co-operation in solving international problems of an economic, social, cultural or humanitarian character and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion, Mindful of the Universal Declaration of Human Rights, which declares in article 14 that: 1. Everyone has the right to seek and to enjoy in other countries asylum from persecution. 2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations, Recalling also article 13, paragraph 2, of the Universal Declaration of Human Rights, which states: Everyone has the right to leave any country, including his own, and to return to his country, Recognizing that the grant of asylum by a State to persons entitled to invoke article 14 of the Universal Declaration of Human Rights is a peaceful and humanitarian act and that, as such, it cannot be regarded as unfriendly by any other State, Recommends that, without prejudice to existing instruments dealing with asylum and the status of refugees and stateless persons, States should base
156 Documents themselves in their practices relating to territorial asylum on the following principles: Article 1 1. Asylum granted by a State, in the exercise of its sovereignty, to persons entitled to invoke article 14 of the Universal Declaration of Human Rights, including persons struggling against colonialism, shall be respected by all other States. 2. The right to seek and to enjoy asylum may not be invoked by any person with respect to whom there are serious reasons for considering that he has committed a crime against peace, a war crime or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes. 3. It shall rest with the State granting asylum to evaluate the grounds for the grant of asylum. Article 2 1. The situation of persons referred to in article 1, paragraph 1, is, without prejudice to the sovereignty of States and the purposes and principles of the United Nations, of concern to the international community. 2. Where a State finds difficulty in granting or continuing to grant asylum, States individually or jointly or through the United Nations shall consider, in a spirit of international solidarity, appropriate measures to lighten the burden on that State. Article 3 1. No person referred to in article 1, paragraph 1, shall be subjected to measures such as rejection at the frontier or, if he has already entered the territory in which he seeks asylum, expulsion or compulsory return to any State where he may be subjected to persecution. 2. Exception may be made to the foregoing principle only for overriding reasons of national security or in order to safeguard the population, as in the case of a mass influx of persons. 3. Should a State decide in any case that exception to the principle stated in paragraph 1 of this article would be justified, it shall consider the possibility of granting to the persons concerned, under such conditions as it may deem appropriate, an opportunity, whether by way of provisional asylum or otherwise, of going to another State. Article 4 States granting asylum shall not permit persons who have received asylum to engage in activities contrary to the purposes and principles of the United Nations.
Other International Instruments and Documents 157 Extracts from Other International Instruments and Documents UNITED NATIONS CHARTER 26 June 1945 Article 1 The Purposes of the United Nations are: 3. To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; Article 55 With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote: (c) Universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. CONVENTION RELATING TO THE STATUS OF REFUGEES Adopted on 28 July 1951; entry into force: 22 April 1954 Text: United Nations, Treaty Series, No. 2545, vol. 189, p. 137 PREAMBLE The High Contracting Parties, Considering that the Charter of the United Nations and the Universal Declaration of Human Rights approved on 10 December 1948 by the General Assembly have affirmed the principle that human beings shall enjoy fundamental rights and freedoms without discrimination, Considering that the United Nations has, on various occasions, manifested its profound concern for refugees and endeavoured to assure refugees the widest possible exercise of these fundamental rights and freedoms, CONVENTION RELATING TO THE STATUS OF STATELESS PERSONS Adopted at New York on 28 September 1954 Entry into force: 6 June 1960, in accordance with Article 39 Text: United Nations, Treaty Series, No. 5158, vol. 360, p. 117 PREAMBLE The High Contracting Parties,
158 Documents Considering that the Charter of the United Nations and the Universal Declaration of Human Rights approved on 10 December 1948 by the General Assembly of the United Nations have affirmed the principle that human beings shall enjoy fundamental rights and freedoms without discrimination, Considering that the United Nations has, on various occasions, manifested its profound concern for stateless persons and endeavoured to assure stateless persons the widest possible exercise of these fundamental rights and freedoms, INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION Adopted and opened for signature and ratification by UN General Assembly Resolution 2106 (XX) of 21 December 1965 Entry into force: 4 January 1969, in accordance with Article 19 Text: United Nations, Treaty Series, no. 9464, vol. 660, p. 195 The States Parties to this Convention, Considering that the Charter of the United Nations is based on the principles of the dignity and equality inherent in all human beings, and that all Member States have pledged themselves to take joint and separate action, in co-operation with the Organization, for the achievement of one of the purposes of the United Nations which is to promote and encourage universal respect for and observance of human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion, Considering that the Universal Declaration of Human Rights proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set out therein, without distinction of any kind, in particular as to race, colour or national origin, Article 1 1. In this Convention, the term racial discrimination shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life. Article 5 In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
Other International Instruments and Documents 159 (d) Other civil rights, in particular: (i) The right to freedom of movement and residence within the border of the State; (ii) The right to leave any country, including one s own, and to return to one s country; (iii) The right to nationality; INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS Adopted and opened for signature, ratification and accession by UN General Assembly Resolution 2200 A(XXI) of 16 December 1966 Entry into force: 3 January 1976, in accordance with Article 27 Text: United Nations, Treaty Series, vol. 993, p. 3 PREAMBLE The States Parties to the present Covenant, Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his economic, social and cultural rights, as well as his civil and political rights, Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms, Article 2 1. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures. 2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 3. Developing countries, with due regard to human rights and their national economy, may determine to what extent they would guarantee the economic rights recognized in the present Covenant to non-nationals. Article 3 The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant.
160 Documents INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS Adopted and opened for signature, ratification and accession by UN General Assembly Resolution 2200 A (XXI) of 16 December 1966 Entry into force: 23 March 1976, in accordance with Article 49 Text: United Nations, Treaty Series, vol. 999, p. 171 PREAMBLE The States Parties to the present Covenant, Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights, Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms, Article 2 1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant. Article 3 The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant. Article 24 1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State. 2. Every child shall be registered immediately after birth and shall have a name. 3. Every child has the right to acquire a nationality.
Other International Instruments and Documents 161 CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN Adopted and opened for signature, ratification and accession by UN General Assembly Resolution 34/180 of 18 December 1979 Entry into force: 3 September 1981, in accordance with Article 27 Text: United Nations, Treaty Series, no. 20378, vol. 1249, p. 14 The States Parties to the present Convention, Noting that the Charter of the United Nations reaffirms faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women, Noting that the Universal Declaration of Human Rights affirms the principle of the inadmissibility of discrimination and proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, including distinction based on sex, Noting that the States Parties to the International Covenants on Human Rights have the obligation to ensure the equal rights of men and women to enjoy all economic, social, cultural, civil and political rights, Article 1 For the purposes of the present Convention, the term discrimination against women shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. Article 9 1. States Parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband. 2. States Parties shall grant women equal rights with men with respect to the nationality of their children.
162 Documents CONVENTION ON THE RIGHTS OF THE CHILD Adopted and opened for signature, ratification and accession by UN General Assembly Resolution 44/25 of 20 November 1989 Entry into force: 2 September 1990, according to Article 49(1) Text: United Nations, Treaty Series, vol. 1577, p. 3 The States Parties to the present Convention, Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person, and have determined to promote social progress and better standards of life in larger freedom, Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and assistance, Bearing in mind that the need to extend particular care to the child has been stated in the Geneva Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child adopted by the General Assembly on 20 November 1959 and recognized in the Universal Declaration of Human Rights, in the International Covenant on Civil and Political Rights (in particular in articles 23 and 24), in the International Covenant on Economic, Social and Cultural Rights (in particular in article 10) and in the statutes and relevant instruments of specialized agencies and international organizations concerned with the welfare of children, Article 7 1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents. 2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.
Other International Instruments and Documents 163 Article 8 1. States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference. 2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity. Article 22 1. States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties. 2. For this purpose, States Parties shall provide, as they consider appropriate, co-operation in any efforts by the United Nations and other competent intergovernmental organizations or non-governmental organizations co-operating with the United Nations to protect and assist such a child and to trace the parents or other members of the family of any refugee child in order to obtain information necessary for reunification with his or her family. In cases where no parents or other members of the family can be found, the child shall be accorded the same protection as any other child permanently or temporarily deprived of his or her family environment for any reason, as set forth in the present Convention. VIENNA DECLARATION AND PROGRAMME OF ACTION Adopted at the World Conference on Human Rights held in Vienna on 25 June 1993 Text: UN Document A/CONF.157/23 (1993) 23. The World Conference on Human Rights reaffirms that everyone, without distinction of any kind, is entitled to the right to seek and to enjoy in other countries asylum from persecution, as well as the right to return to one s own country. In this respect it stresses the importance of the Universal Declaration of Human Rights, the 1951 Convention relating to the Status of Refugees, its 1967 Protocol and regional instruments. It expresses its appreciation to States that continue to admit and host large numbers of refugees in their territories, and to the Office of the United Nations High Commissioner for Refugees for its dedication to its task. It also expresses its appreciation to the United Nations Relief and Works Agency for Palestine Refugees in the Near East. The World Conference on Human Rights recognizes that gross violations of human rights, including in armed conflicts, are among the multiple and complex factors leading to displacement of people.
164 Documents The World Conference on Human Rights recognizes that, in view of the complexities of the global refugee crisis and in accordance with the Charter of the United Nations, relevant international instruments and international solidarity and in the spirit of burden-sharing, a comprehensive approach by the international community is needed in coordination and cooperation with the countries concerned and relevant organizations, bearing in mind the mandate of the United Nations High Commissioner for Refugees. This should include the development of strategies to address the root causes and effects of movements of refugees and other displaced persons, the strengthening of emergency preparedness and response mechanisms, the provision of effective protection and assistance, bearing in mind the special needs of women and children, as well as the achievement of durable solutions, primarily through the preferred solution of dignified and safe voluntary repatriation, including solutions such as those adopted by the international refugee conferences. The World Conference on Human Rights underlines the responsibilities of States, particularly as they relate to the countries of origin. In the light of the comprehensive approach, the World Conference on Human Rights emphasizes the importance of giving special attention including through intergovernmental and humanitarian organizations and finding lasting solutions to questions related to internally displaced persons including their voluntary and safe return and rehabilitation. In accordance with the Charter of the United Nations and the principles of humanitarian law, the World Conference on Human Rights further emphasizes the importance of and the need for humanitarian assistance to victims of all natural and man-made disasters. 28. The World Conference on Human Rights expresses its dismay at massive violations of human rights especially in the form of genocide, ethnic cleansing and systematic rape of women in war situations, creating mass exodus of refugees and displaced persons. While strongly condemning such abhorrent practices it reiterates the call that perpetrators of such crimes be punished and such practices immediately stopped. GUIDING PRINCIPLES ON INTERNAL DISPLACEMENT Text: UN Document E/CN.4/1998/53/Add.2 (11 February 1998) Principle 1 1. Internally displaced persons shall enjoy, in full equality, the same rights and freedoms under international and domestic law as do other persons in their country. They shall not be discriminated against in the enjoyment of any rights and freedoms on the ground that they are internally displaced.
Other International Instruments and Documents 165 DECLARATION OF STATES PARTIES TO THE 1951 CONVENTION AND/OR ITS 1967 PROTOCOL RELATING TO THE STATUS OF REFUGEES Welcomed by UN General Assembly in Resolution A/RES/57/187, para. 4, adopted on 18 December 2001 Text: UN Document HCR/MMSP/2001/09, 16 January 2002 We, representatives of States Parties to the 1951 Convention relating to the Status of Refugees and/or its 1967 Protocol, assembled in the first meeting of States Parties in Geneva on 12 and 13 December 2001 at the invitation of the Government of Switzerland and the United Nations High Commissioner for Refugees (UNHCR), 2. Reaffirm our continued commitment, in recognition of the social and humanitarian nature of the problem of refugees, to upholding the values and principles embodied in these instruments, which are consistent with Article 14 of the Universal Declaration of Human Rights, and which require respect for the rights and freedoms of refugees, international cooperation to resolve their plight, and action to address the causes of refugee movements, as well as to prevent them, inter alia, through the promotion of peace, stability and dialogue, from becoming a source of tension between States; RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY, WORLD SUMMIT OUTCOME DOCUMENT, Text: A/RES/60/1, adopted 16 September 2005 Human rights 121. We reaffirm that all human rights are universal, indivisible, interrelated, interdependent and mutually reinforcing and that all human rights must be treated in a fair and equal manner, on the same footing and with the same emphasis. While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, all States, regardless of their political, economic and cultural systems, have the duty to promote and protect all human rights and fundamental freedoms. 122. We emphasize the responsibilities of all States, in conformity with the Charter, to respect human rights and fundamental freedoms for all, without distinction of any kind as to race, colour, sex, language or religion, political or other opinion, national or social origin, property, birth or other status. 126. We resolve to integrate the promotion and protection of human rights into national policies and to support the further mainstreaming of human rights throughout the United Nations system, as well as closer cooperation between
166 Documents the Office of the United Nations High Commissioner for Human Rights and all relevant United Nations bodies. Refugee protection and assistance 133. We commit ourselves to safeguarding the principle of refugee protection and to upholding our responsibility in resolving the plight of refugees, including through the support of efforts aimed at addressing the causes of refugee movement, bringing about the safe and sustainable return of those populations, finding durable solutions for refugees in protracted situations and preventing refugee movement from becoming a source of tension among States. We reaffirm the principle of solidarity and burden-sharing and resolve to support nations in assisting refugee populations and their host communities. Editorial note Other international instruments relevant to the right to a nationality include Convention on the Nationality of Married Women, 1957 Convention on the Reduction of Statelessness, 1961 International Convention for the Protection of All Persons from Enforced Disappearance, 2006, Article 25 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, 1990, Article 29
Executive Committee Conclusions 167 Extracts from Executive Committee Conclusions on Human Rights and International Protection The links between human rights and international protection issues The Executive Committee, No. 50 (XXXIX) 1988 (b) Noted the direct relationship between the observance of human rights standards, refugee movements and problems of protection; No. 56 (XL) 1989 Durable solutions and refugee protection (b) Welcomed the importance given in the report, in particular, to: (vi) the examination, where required, of existing law and doctrine in the light of the real situations being faced by refugees, taking into account the relevance of human rights principles in this context; No. 62 (XLI) 1990 (a) Takes note of the High Commissioner s emphasis in the Note on International Protection on the following: (ii) the possible human rights dimensions of refugee flows, which can also be a source of national and international instability; No. 65 (XLII) 1991 (u) Welcomes the convening of the World Conference on Human Rights and calls upon the High Commissioner to participate actively in the preparations for and the proceedings of the Conference, bearing in mind particularly that the matter of human rights and mass exoduses merits further serious consideration; No. 68 (XLIII) 1992 (x) Takes note of the important contribution being made by the High Commissioner to concerned international bodies and requests her to continue to seek expanded cooperation with these bodies, such as UNDP, UNICEF, WFP, FAO, UNEP, the Centre for Human Rights, the Commission on Human Rights, IOM and ICRC, and thereby, inter alia, to promote broadened awareness of the link between refugees and human rights, as well as development and environmental issues; No. 71 (XLIV) 1993 (cc) Reaffirms its support for the High Commissioner s contributions to concerned international bodies promoting a broader awareness of the close link between safeguarding human rights and preventing refugee problems, and calls upon the
168 Documents High Commissioner to continue her active participation in and cooperation with the Commission on Human Rights, the Centre for Human Rights and relevant bodies and organizations; (ee) Welcomes the Vienna Declaration and Programme of Action of the World Conference on Human Rights, particularly as it reaffirms the right to seek and enjoy asylum, and the right to return to one s country; stresses the importance of the 1951 Convention and 1967 Protocol; expresses appreciation to UNHCR; recognizes the link between gross violations of human rights and displacement, as well as the need for a comprehensive approach by the international community for refugees and displaced persons including addressing root causes, strengthening emergency preparedness and response, providing effective protection, and achieving durable solutions; and notes also its recognition of the special needs of women and children in terms of protection and assistance, and its emphasis on the importance of solutions for internally displaced persons; No. 80 (XLVII) 1996 Comprehensive and regional approaches within a protection framework Recognizing that the underlying causes of large-scale involuntary population displacements are complex and interrelated and encompass gross violations of human rights, including in armed conflict, poverty and economic disruption, political conflicts, ethnic and intercommunal tensions and environmental degradation, and that there is a need for the international community to address these causes in a concerted and holistic manner, Reaffirming in this regard conclusion No. 40 (XXXVI) on Voluntary Repatriation, which states that the aspect of causes is critical to the issue of solutions and that international efforts should also be directed to the removal of the causes of refugee movements; stressing further that the essential condition for the prevention of refugee flows is sufficient political will by the States directly concerned to address causes which are at the origin of refugee movements, Recalling its encouragement to the High Commissioner to engage in consultations on possibilities and initiatives in specific areas with complex problems of coerced population movements as well as on achieving the objective of providing international protection to all who need it, Noting that the prevention of and response to such situations may be beyond UNHCR s mandate and capacity, Further noting that internally displaced persons remain within the territorial jurisdiction of their own countries and that the primary responsibility for their welfare and protection lies with the State concerned, Aware that involuntary displacement, in addition to the human suffering involved, can impose significant intra-regional burdens, and may also affect security and stability at the regional level,
Executive Committee Conclusions 169 Acknowledging the desirability of comprehensive approaches by the international community to the problems of refugees and displaced persons, including addressing root causes, strengthening emergency preparedness and response, providing effective protection, and achieving durable solutions, (a) Emphasizes the responsibility of States to ensure conditions which do not compel people to flee in fear, to uphold the institution of asylum, to create conditions conducive to voluntary repatriation, to take steps to meet essential humanitarian needs and to cooperate with countries on whom the large-scale presence of refugees weighs most heavily; (b) Reaffirms the value of comprehensive approaches in which UNHCR has played a significant part, through its presence and activities in countries of origin as well as countries of asylum; notably the CIREFCA process, the Comprehensive Plan of Action and the repatriation to Mozambique; and recalls that the High Commissioner is mandated to promote voluntary repatriation by taking initiatives including promoting dialogue between all the main parties, facilitating communication between them, and by acting as an intermediary or channel of communication; (c) Underlines the value of regional cooperation, as illustrated by these approaches, in addressing involuntary displacement in a manner which encompasses the political dimension of causes; (d) Recalls that, while there is no blueprint for such approaches, protection considerations should govern the entire process towards solutions, and standards should be applied consistently; (e) Encourages States, in coordination and cooperation with each other, and with international organizations, if applicable, to consider the adoption of protectionbased comprehensive approaches to particular problems of displacement, and identifies, as the principal elements of such approaches: (i) the protection of all human rights, including the right to life, liberty and the security of person, as well as to freedom from torture or other cruel, inhuman or degrading treatment or punishment; the right to leave one s own country and to return; the principle of nondiscrimination, including the protection of minorities; and the right to a nationality (ii) promotion of the rule of law through national legal and judicial capacity building (iii) respect for the institution of asylum, including the fundamental principle of non-refoulement, and ensuring international protection to all those who need it (iv) measures to reinforce international solidarity and burden-sharing (v) support for long-term sustainable development (vi) integration of developmental approaches into the relief stage by strengthening national capacities
170 Documents (vii) support for rehabilitation, reintegration and reconstruction measures which will underpin the sustainability of repatriation (viii) public information to raise awareness about refugee and migration issues in both host countries and countries of origin, particularly with a view to countering xenophobia and racism (ix) the establishment and fostering of mechanisms designed to avoid or reduce the incidence of conflict, as conflict may result in population displacement (x) reconciliation measures where necessary and possible, notably in postconflict situations, to ensure the durability of solutions (xi) education for peace and human rights, including at the community level, in both countries of origin and countries of asylum (f) Invites UNHCR to provide its support and expertise in formulating comprehensive approaches and assisting States in exploring more systematically where and how such approaches might be appropriate and feasible. No. 93 (LIII) 2002 Reception of asylum-seekers in the context of individual asylum systems Acknowledging the centrality of applicable international human rights law and standards in the development and implementation of reception policies, No. 94 (LIII) 2002 Civilian character of asylum Recalling the relevant provisions of international refugee law, international human rights law and international humanitarian law, No. 95 (LIV) 2003 (k) Acknowledges the multifaceted linkages between refugee issues and human rights and recalls that the refugee experience, in all its stages, is affected by the degree of respect by States for human rights and fundamental freedoms; (l) Notes the complementary nature of international refugee and human rights law as well as the possible role of the United Nations human rights mechanisms in this area and therefore encourages States, as appropriate, to address the situation of the forcibly displaced in their reports to the United Nations Treaty Monitoring Bodies, and suggests that these bodies may, in turn, wish to reflect, within their mandates, on the human rights dimensions of forced displacement; No. 103 (LVI) 2005 Provision of international protection including through complementary forms of protection Reaffirming the principle that all human beings shall enjoy human rights and fundamental freedoms without discrimination, including the right to seek and enjoy asylum,
Executive Committee Conclusions 171 No. 104 (LVI) 2005 Local integration (l) Affirms the particular importance of the legal dimension of integration, which entails the host State granting refugees a secure legal status and a progressively wider range of rights and entitlements that are broadly commensurate with those enjoyed by its citizens and, over time, the possibility of naturalizing, and in this respect: i. recognizes the relevance of the 1951 Convention and its 1967 Protocol and relevant human rights instruments as providing a useful legal framework for guiding the local integration process; No. 105 (LVII) 2006 Women and girls at risk Recalling that all action on behalf of women and girls must be guided by obligations under relevant international law, including, as applicable, international refugee law, international human rights law and international humanitarian law, Acknowledging that each community is different and that an in-depth understanding of religious and cultural beliefs and practices is required to address the protection risks women and girls face in a sensitive manner while bearing in mind obligations under international refugee, human rights and humanitarian law, No. 106 (LVII) 2006 Identification, prevention and reduction of statelessness and protection of stateless persons (l) Encourages States to seek appropriate solutions for persons who have no genuine travel or other identity documents, including migrants and those who have been smuggled or trafficked, and where necessary and as appropriate, for the relevant States to cooperate with each other in verifying their nationality status, while fully respecting the international human rights of these individuals as well as relevant national laws; (u) Encourages States which are not yet Parties to the 1954 Convention relating to the Status of Stateless Persons to treat stateless persons lawfully residing on their territory in accordance with international human rights law; and to consider, as appropriate, facilitating the naturalization of habitually and lawfully residing stateless persons in accordance with national legislation; (w) Calls on States not to detain stateless persons on the sole basis of their being stateless and to treat them in accordance with international human rights law and also calls on States Parties to the 1954 Convention relating to the Status of Stateless Persons to fully implement its provisions;