United Nations Treaty Collection
[As of 5 February 2002]



5. Protocol relating to the Status of Refugees

New York, 31 January 1967


Entry into force:  4 October 1967, in accordance with article VIII.
Registration:  4 October 1967, No. 8791.
Status:  Parties: 138.
Text:  United Nations, Treaty Series, 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 (XLI)1, of 18 November 1966, took note with approval of the draft Protocol and transmitted the said addendum to the General Assembly. The General Assembly, in resolution 2198 (XXI)2, 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."
 

 

PARTICIPANTS

Participant  Accession (a), Succession (d) 
Albania  18 Aug 1992 a 
Algeria  8 Nov 1967 a 
Angola  23 Jun 1981 a 
Antigua and Barbuda  7 Sep 1995 a 
Argentina  6 Dec 1967 a 
Armenia  6 Jul 1993 a 
Australia3 13 Dec 1973 a 
Austria  5 Sep 1973 a 
Azerbaijan  12 Feb 1993 a 
Bahamas  15 Sep 1993 a 
Belarus  23 Aug 2001 a 
Belgium  8 Apr 1969 a 
Belize  27 Jun 1990 a 
Benin  6 Jul 1970 a 
Bolivia  9 Feb 1982 a 
Bosnia and Herzegovina4 1 Sep 1993 d 
Botswana  6 Jan 1969 a 
Brazil  7 Apr 1972 a 
Bulgaria  12 May 1993 a 
Burkina Faso  18 Jun 1980 a 
Burundi  15 Mar 1971 a 
Cambodia  15 Oct 1992 a 
Cameroon  19 Sep 1967 a 
Canada  4 Jun 1969 a 
Cape Verde  9 Jul 1987 a 
Central African Republic  30 Aug 1967 a 
Chad  19 Aug 1981 a 
Chile  27 Apr 1972 a 
China  24 Sep 1982 a 
Colombia  4 Mar 1980 a 
Congo  10 Jul 1970 a 
Costa Rica  28 Mar 1978 a 
Côte d'Ivoire  16 Feb 1970 a 
Croatia4 12 Oct 1992 d 
Cyprus  9 Jul 1968 a 
Czech Republic5 11 May 1993 d 
Democratic Republic of the Congo  13 Jan 1975 a 
Denmark  29 Jan 1968 a 
Djibouti  9 Aug 1977 d 
Dominica  17 Feb 1994 a 
Dominican Republic  4 Jan 1978 a 
Ecuador  6 Mar 1969 a 
Egypt  22 May 1981 a 
El Salvador  28 Apr 1983 a 
Equatorial Guinea  7 Feb 1986 a 
Estonia  10 Apr 1997 a 
Ethiopia  10 Nov 1969 a 
Fiji  12 Jun 1972 d 
Finland  10 Oct 1968 a 
France  3 Feb 1971 a 
Gabon  28 Aug 1973 a 
Gambia  29 Sep 1967 a 
Georgia  9 Aug 1999 a 
Germany6,7 5 Nov 1969 a 
Ghana  30 Oct 1968 a 
Greece  7 Aug 1968 a 
Guatemala  22 Sep 1983 a 
Guinea  16 May 1968 a 
Guinea-Bissau  11 Feb 1976 a 
Haiti  25 Sep 1984 a 
Holy See  8 Jun 1967 a 
Honduras  23 Mar 1992 a 
Hungary  14 Mar 1989 a 
Iceland  26 Apr 1968 a 
Iran (Islamic Republic of)  28 Jul 1976 a 
Ireland  6 Nov 1968 a 
Israel  14 Jun 1968 a 
Italy  26 Jan 1972 a 
Jamaica  30 Oct 1980 a 
Japan  1 Jan 1982 a 
Kazakhstan  15 Jan 1999 a 
Kenya  13 Nov 1981 a 
Kyrgyzstan  8 Oct 1996 a 
Latvia  31 Jul 1997 a 
Lesotho  14 May 1981 a 
Liberia  27 Feb 1980 a 
Liechtenstein  20 May 1968 a 
Lithuania  28 Apr 1997 a 
Luxembourg  22 Apr 1971 a 
Malawi  10 Dec 1987 a 
Mali  2 Feb 1973 a 
Malta  15 Sep 1971 a 
Mauritania  5 May 1987 a 
Mexico  7 Jun 2000 a 
Morocco  20 Apr 1971 a 
Mozambique  1 May 1989 a 
Netherlands8 29 Nov 1968 a 
New Zealand  6 Aug 1973 a 
Nicaragua  28 Mar 1980 a 
Niger  2 Feb 1970 a 
Nigeria  2 May 1968 a 
Norway  28 Nov 1967 a 
Panama  2 Aug 1978 a 
Papua New Guinea  17 Jul 1986 a 
Paraguay 1 Apr 1970 a 
Peru  15 Sep 1983 a 
Philippines  22 Jul 1981 a 
Poland  27 Sep 1991 a 
Portugal9 13 Jul 1976 a 
Republic of Korea  3 Dec 1992 a 
Republic of Moldova  31 Jan 2002 a 
Romania  7 Aug 1991 a 
Russian Federation  2 Feb 1993 a 
Rwanda  3 Jan 1980 a 
Samoa  29 Nov 1994 a 
Sao Tome and Principe  1 Feb 1978 a 
Senegal  3 Oct 1967 a 
Seychelles  23 Apr 1980 a 
Sierra Leone  22 May 1981 a 
Slovakia5 4 Feb 1993 d 
Slovenia4 6 Jul 1992 d 
Solomon Islands  12 Apr 1995 a 
Somalia  10 Oct 1978 a 
South Africa  12 Jan 1996 a 
Spain  14 Aug 1978 a 
Sudan  23 May 1974 a 
Suriname10 29 Nov 1978 d 
Swaziland  28 Jan 1969 a 
Sweden  4 Oct 1967 a 
Switzerland  20 May 1968 a 
Tajikistan  7 Dec 1993 a 
The Former Yugoslav Republic of Macedonia4 18 Jan 1994 d 
Togo  1 Dec 1969 a 
Trinidad and Tobago  10 Nov 2000 a 
Tunisia  16 Oct 1968 a 
Turkey  31 Jul 1968 a 
Turkmenistan  2 Mar 1998 a 
Tuvalu  7 Mar 1986 d 
Uganda  27 Sep 1976 a 
United Kingdom of Great Britain and Northern Ireland  4 Sep 1968 a 
United Republic of Tanzania  4 Sep 1968 a 
United States of America  1 Nov 1968 a 
Uruguay 22 Sep 1970 a 
Venezuela  19 Sep 1986 a 
Yemen11 18 Jan 1980 a 
Yugoslavia4 12 Mar 2001 d 
Zambia  24 Sep 1969 a 
Zimbabwe  25 Aug 1981 a 

 

DECLARATIONS

Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made upon accession

or succession. For objections thereto and territorial applications, see hereinafter.)

Angola

The Government of Angola, in accordance with article VII, paragraph 1, declares that it does not consider itself bound by article IV of the Protocol, concerning settlement of disputes relating to the interpretation of the Protocol.

Botswana

"Subject to the reservation in respect of article IV of the said Protocol and in respect of the application in accordance with article I thereof of the provisions of articles 7, 17, 26, 31, 32 and 34 and paragraph 1 of article 12 of the Convention relating to the Status of Refugees, done at Geneva on 28 July 1951."

Burundi

In acceding to this Protocol, the Government of the Republic of Burundi enters the following reservations:

1. The provisions of article 22 are accepted, in respect of elementary education, only

(a) In so far as they apply to public education, and not to private education;

(b) On the understanding that the treatment applicable to refugees shall be the most favourable accorded to nationals of other States.

2. The provisions of article 17 (1) and (2) are accepted as mere recommendations and, in any event, shall not be interpreted as necessarily involving the régime accorded to nationals of countries with which the Republic of Burundi may have concluded regional, customs, economic or political agreements.

3. The provisions of article 26 are accepted only subject to the reservation that refugees:

(a) Do not choose their place of residence in a region bordering on their country of origin;

(b) Refrain, in any event, when exercising their right to move freely, from any activity or incursion of a subversive nature with respect to the country of which they are nationals.

Cape Verde

In all cases where the 1951 Convention relating to the Status of Refugees grants to refugees the most favorable treatment accorded to nationals of a foreign country, this provision shall not be interpreted as involving the régime accorded to nationals of countries with which Cape Verde has concluded regional customs, economic or political agreements.

Chile

[See chapter V.2.]

China

With a reservation in respect of article 4.

Congo

The Protocol is accepted with the exception of article IV.

El Salvador

With the reservation that the Government of El Salvador will not apply article 4 of the Protocol.

Ethiopia

[See chapter V.2.]

Finland

[See chapter V.2.]

Ghana

"The Government of Ghana does not consider itself bound by article IV of the Protocol regarding the settlement of disputes."

Guatemala

[See chapter V.2.]

Honduras

With respect to article I (1):

The Government of the Republic of Honduras does not consider itself bound by those articles of the Convention to which it has entered reservations.

Israel

"The Government of Israel accedes to the Protocol subject to the same statements and reservations made at the time of ratifying the Convention [relating to the Status of Refugees, done at Geneva on 28 July 1951], in accordance with the provisions of article VII (2) of the Protocol."

Jamaica

"[Subject] to the reservations set out below, ... [:]

1. The Government of Jamaica understands articles 8 and 9 of the Convention as not preventing it from taking, in time of war or other grave and exceptional circumstances, measures in the interest of national security in the case of a refugee on the ground of his nationality.

2. The Government of Jamaica can only undertake that the provisions of paragraph 2 of article 17 of the Convention will be applied so far as the law of Jamaica allows.

3. The Government of Jamaica can only undertake that the provisions of article 24 of the Convention will be applied so far as the law of Jamaica allows.

4. The Government of Jamaica can only undertake that the provisions of paragraphs l, 2, and 3 of article 25 of the Convention will be applied so far as the law of Jamaica allows.

5. The Government of Jamaica does not accept the obligation imposed by article IV of the Protocol relating to the Status of Refugees with regard to the settlement of disputes."

Latvia

"Declaration

In accordance with paragraph 2 of the article VII of the [said Protocol], the Republic of Latvia declares that the reservations made in accordance with article 41 of the Convention Relating to the Status of Refugees of 1951 are applicable in relation to the obligations under the Protocol."

[See chapter V.2.]

Luxembourg

[See chapter V.2.]

Malawi

"The Government of the Republic of Malawi reiterates its declaration on recognition as compulsory the jurisdiction of the International Court of Justice made on 12 December, 1966 in conformity with Article 36, paragraph 2 of the Statute of the Court. In this respect, the Government of the Republic of Malawi regards the phrase `settled by other means' in Article 38 of the Convention and Article IV of the Protocol to be those means stipulated in Article 33 of the Charter of the United Nations."

Malta

In accordance with article VII (2), the reservations to the Convention relating to the Status of Refugees of 28 July 1951 by the Government of Malta on deposit of its instrument of accession on 17 June 1971, pursuant to article 42 of the said Convention, are applicable in relation to its obligations under the present Protocol.

Netherlands7,

"In accordance with article VII of the Protocol, all reservations made by the Kingdom of the Netherlands upon signature and ratification of the Convention relating to the Status of Refugees, which was signed in Geneva on 28 July 1951, are regarded to apply to the obligations resulting from the Protocol."

Peru

[The Government of Peru] hereby expressly declares, with reference to the provisions of article I, paragraph 1, and article II of the aforementioned Protocol, that compliance with the obligations undertaken by virtue of the act of accession to that instrument shall be ensured by 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 Nations High Commissioner for Refugees.

Portugal

"1. The Protocol will be applied without any geographical limitation.

2. In all cases in which the Protocol confers upon the refugees the most favoured person status granted to nationals of a foreign country, this clause will not be interpreted in such a way as to mean the status granted by Portugal to the nationals of Brazil or to the nationals of other countries with whom Portugal may establish commonwealth type relations."

Republic of Korea

"The Republic of Korea declares pursuant to article 7 of the Protocol that it is not bound by article 7 of the Convention relating to the Status of Refugees, which provides for the exemption of refugees from legislative reciprocity after fulfilling the condition of three years' residence in the territory of the Contracting States."

Rwanda

Reservation to article IV:

For the settlement of any dispute between States Parties, recourse may be had to the International Court of Justice only with the prior agreement of the Rwandese Republic.

Somalia

[See chapter V.2.]

Swaziland

Subject to the following reservations in respect of the application of the Convention relating to the Status of Refugees, done at Geneva on 28 July 1951, under article I of the Protocol:

"(1) The Government of the Kingdom of Swaziland is not in a position to assume obligations as contained in article 22 of the said Convention, and therefore will not consider itself bound by the provisions therein;

(2) Similarly, the Government of the Kingdom of Swaziland is not in a position to assume the obligations of article 34 of the said Convention, and must expressly reserve the right not to apply the provisions therein."

Declaration:

"The Government of the Kingdom of Swaziland deems it essential to draw attention to the accession as a Member of the United Nations, and not as a Party to the [Convention relating to the Status of Refugees] by reason of succession or otherwise."

Turkey

The instrument of accession stipulates that the Government of Turkey maintains the provisions of the declaration made under section B of article 1 of the Convention relating to the Status of Refugees, done at Geneva on 28 July 1951, according to which it applies the Convention only to persons who have become refugees as a result of events occurring in Europe, and also the reservation clause made upon ratification of the Convention to the effect that no provision of this Convention may be interpreted as granting to refugees greater rights than those accorded to Turkish citizens in Turkey.

Uganda

[See chapter V.2.]

United Kingdom of Great Britain and Northern Ireland

"(a) In accordance with the provisions of the first sentence of Article VII.4 of the Protocol, the United Kingdom hereby excludes from the application of the Protocol the following territories for the international relations of which it is responsible: Jersey, Southern Rhodesia, Swaziland.

(b) In accordance with the provisions of the second sentence of Article VII.4 of the said Protocol, the United Kingdom hereby extends the application of the Protocol to the following territories for the international relations of which it is responsible: St. Lucia, Montserrat."

United Republic of Tanzania

"Subject to the reservation, hereby made, that the provisions of Article IV of the Protocol shall not be applicable to the United Republic of Tanzania except within the explicit consent of the Government of the United Republic of Tanzania."

United States of America

With the following reservations in respect of the application, in accordance with article I of the Protocol, of the Convention relating to the Status of Refugees, done at New York on 28 July 1951:

"The United States of America construes Article 29 of the Convention as applying only to refugees who are resident in the United States and reserves the right to tax refugees who are not residents of the United States in 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 insofar as that paragraph may conflict in certain instances with any provisions of title II (old age, survivors' and disability insurance) or title XVIII (hospital and medical insurance for the aged) of the Social Security Act. As to any such provision, the United States will accord to refugees lawfully staying in its territory treatment no less favorable than is accorded aliens generally in the same circumstances."

Venezuela

In implementing the provisions of the Protocol which confer on refugees the most favourable treatment accorded to nationals of a foreign country, it shall be understood that such treatment does not include any rights and benefits which Venezuela has granted or may grant regarding entry into or sojourn in Venezuela territory to nationals of countries with which Venezuela has concluded regional or subregional integration, customs, economic or political agreements.

The instrument of accession also contains a reservation in respect of article IV.

Objections

(Unless otherwise indicated, the objections were made

upon accession or succession.)

Belgium

[See chapter V.2.]

Ethiopia

[See chapter V.2.]

France

[See chapter V.2.]

Germany5,

[See chapter V.2.]

Italy

[See chapter V.2.]

Luxembourg

[See chapter V.2.]

Netherlands

[See chapter V.2.]

Territorial Application

Participant  Date of receipt of the notification  Territories 
Netherlands  29 Jul 1971  Surinam 
United Kingdom12, 20 Apr 1970  Bahama Islands 
  20 Feb 1996  Jersey 

 

NOTES

1. Official Records of the Economic and Social Council, Forty-first Session, Supplement No. 1A (E/4264/Add.1), p. 1.

2. Official Records of the General Assembly, Twenty-first Session, Supplement No. 16 (A/6316), p. 48.

3. With the following declaration: "The Government of Australia will not extend the provisions of the Protocol to Papua/New Guinea."

4. The former Yugoslavia had acceeded to the Protocol on 15 January 1968. See also notes 1 regarding "Bosnia and Herzegovina", "Croatia", "former Yugoslavia", "Slovenia", "The Former Yugoslav Republic of Macedonia" and "Yugoslavia" in the "Historical Information" section in the front matter of this volume.

5. Czechoslovakia had acceeded to the Protocol on 26 November 1991. See also note 12 in chapter I.2.

6. The German Democratic Republic had acceded to the Protocol on 4 September 1990. See note 15 in chapter I.2.

7. In a note accompanying the instrument of accession, the Government of the Federal Republic of Germany declared that the Protocol "shall also apply to Land Berlin with effect from the date on which it enters into force for the Federal Republic of Germany".

With reference to the above-mentioned declaration, communications have been addressed to the Secretary-General by the Governments of Bulgaria and Mongolia. The said communications are identical in essence, mutatis mutandis, to the corresponding ones referred to in note 5 in chapter III.3. See also note 6.

8. The Kingdom of the Netherlands accedes to the said Protocol so far as the territory of the Kingdom situated in Europe is concerned; and, as from 1 January 1986, for Aruba.

9. On 27 April 1999, the Government of Portugal informed the Secretary-General that the Protocol would apply to Macau.

Subsequently, the Secretary-General received the following communications on the dates indicated hereinafter:

Portugal (18 November 1999):

"In accordance with the Joint Declaration of the Government of the Portuguese Republic and the Government of the People's Republic of China on the Question of Macau signed on 13 April 1987, the Portuguese Republic will continue to have international responsibility for Macau until 19 December 1999 and from that date onwards the People's Republic of China will resume the exercise of sovereignty over Macau with effect from 20 December 1999.

From 20 December 1999 onwards the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Protocol to Macau."

China (3 December 1999):

In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macau (hereinafter referred to as the Joint Declaration), the Government of the People's Republic of China will resume the exercise of sovereignty over Macau with effect from 20 December 1999. Macau will, from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defense affairs which are the responsibilities of the Central People's Government of the People's Republic of China.

In this connection, [the Government of the People's Republic of China informs the Secretary-General of the following:]

The Protocol relating to the Status of Refugees, adopted at New York on 31 January 1967 (hereinafter referred to as the "Protocol"), to which the Government of the People's Republic of China deposited the instrument of accession on 24 September 1982, will apply to the Macau Special Administrative Region with effect from 20 December 1999. The Government of the People's Republic of China also wishes to make the following declaration:

The reservation made by the Government of the People's Republic of China to Article 4 of the Protocol will also apply to the Macau Special Administrative Region.

The Government of the People's Republic of China will assume responsibility for the international rights and obligations arising from the application of the Protocol to the Macau Special Administrative Region.

10. See note 7 in chapter V.2.

11. The formality was effected by the Yemen Arab Republic. See also note 35 in chapter I.2.

12. Subject to the reservation which was formulated on behalf of the Bahama Islands in respect of the Convention relating to the Status of Refugees.