Communication from the Ministry of Foreign Affairs No. 208 / 1993 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Convention on the Status of Refugees and the Protocol on the Status of Refugees
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Effective from 26.11.1991
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208
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that on 28 July 1951 the Convention on the Status of Refugees was adopted in Geneva and on 31 January 1967 the Protocol on the Status of Refugees was adopted in New York.
Both the Convention and the Protocol have been approved by the Federal Assembly of the Czech and Slovak Federal Republic and ratified by the President of the Republic. The Charter on access by the Czech and Slovak Federal Republic to the Convention on the Status of Refugees of 28 July 1951 and the Protocol on the Status of Refugees of 31 January 1967 were deposited with the Secretary-General of the United Nations, the depositary of the Convention, on 26 November 1991.
For the purposes of its obligations under the Convention on the Status of Refugees of 28 July 1951, the Czech and Slovak Federal Republic shall be deemed to be bound by Article 1 (b) (1) (b) of that Convention, under which "events before 1 January 1951 'shall be interpreted as" events before 1 January 1951 in Europe or elsewhere'.
The Convention entered into force on 22 April 1954 pursuant to Article 43 (1) thereof. It entered into force on 24 February 1992 for the Czech and Slovak Federal Republic pursuant to the same Article (2).
The Protocol entered into force in accordance with its Article VIII (1) on 4 October 1967 and entered into force on 26 November 1991 for the Czech and Slovak Federal Republic pursuant to the same Article (2).
The Czech translation of the Convention and the Protocol shall be announced simultaneously. The English version of the Convention and the Protocol can be consulted at the Ministry of Foreign Affairs and the Ministry of Interior.
CONVENTION ON THE LEGAL STABILITY OF REFUSERS
INTRODUCTION
HIGH CONTRACTING PARTIES
bearing in mind that the Charter of the United Nations and the Universal Declaration of Human Rights, approved by the General Assembly on 10 December 1948, confirm the principle that all people should enjoy fundamental rights and freedoms without discrimination,
that the United Nations, under different circumstances, has demonstrated their deep participation with refugees and has sought to ensure that refugees can enjoy these fundamental rights and freedoms as far as possible,
that it is desirable for previous international agreements on refugee status to be revised and unified and that the scope and protection given by these means be extended by the new agreement,
that the granting of asylum could impose disproportionate burdens on certain countries and that a satisfactory solution to a problem which the international scale and nature of the United Nations has recognised cannot therefore be achieved without international cooperation,
Desiring that all states recognising the social and humanitarian nature of the refugee problem should do everything in their power not to cause tensions between states,
Recognising that the High Commissioner for Refugees in the United Nations is responsible for overseeing international agreements guaranteeing the protection of refugees and recognising that effective coordination of measures on this issue will depend on the cooperation of States with the High Commissioner,
agree on the following:
CHAPTER I
GENERAL PROVISIONS
Definition of the term "refugee"
A. - For the purposes of this Convention, the term "refugee 'shall apply to any person who:
1. - was deemed to be a refugee under the Agreements of 12 May 1926 and 30 June 1928 or under the Conventions of 28 October 1933 and 10 February 1938 and under the Protocol of 14 September 1939 or under the provisions of the Statutes of the International Refugee Organisation;
Decisions to refuse refugee status The International Refugee Organisation shall not prevent the granting of refugee status to persons who fulfil the conditions of paragraph 2 of this Article during its activities;
2. - As a result of events which occurred before 1 January 1951, it is outside its country and has legitimate concerns about persecution on grounds of racial, religious or national or on grounds of belonging to certain social strata, or also of defending certain political views, it is unable to accept, or because of the above concerns, the protection of its country; The same applies to a stateless person located outside his country of residence as a result of the above mentioned events and who, due to the above concerns, does not want or cannot return there.
In the case of a person with several citizenship, the term "country of citizenship 'refers to all countries of which he is a national; However, no person shall be deemed to be deprived of the protection of the country of jurisdiction if, without a serious reason based on legitimate concerns, he has waived the protection of one of his nationality.
B.1. For the purposes of this Convention, the words "events before 1 January 1951 'contained in Article 1 (A) may be explained either as:
(a) "events before 1 January 1951 in Europe"; or
(b) "events before 1 January 1951 in Europe or elsewhere"
and each Contracting State, when signing, ratifying or accessing, shall make a statement explaining which of these terms it intends to use in the performance of its obligations under this Convention.
2. Any Contracting State which has adopted option (a) may at any time extend its obligations by adopting option (b), if it notifies the Secretary-General of the United Nations in writing.
C. This Convention shall cease to apply to any person subject to paragraph A if:
1. have voluntarily re-established itself under the protection of the country of its nationality; or
2. after having lost her nationality, she voluntarily regained her nationality; or
3. has acquired new nationality and is under the protection of the country of its new nationality; or
4. She has voluntarily resettled in the country she left behind or has not returned to for fear of persecution; or
5. Can no longer refuse to protect the country of its nationality, because the circumstances for which it was recognised as a refugee ceased to exist there.
This paragraph shall not apply to a refugee under paragraph A / 1 / of this Article who is able to state, for the purpose of refusing the protection of a country of his nationality, the grounds of previous persecution.
6. if he is a stateless person, the refugee is able to return to the country of his former residence because the circumstances for which he was recognised as a refugee have ceased to exist there.
This paragraph shall not apply to a refugee falling within paragraph A / 1 / of this Article who is able to state urgent reasons supported by previous persecution for refusing to return to the country of his former residence.
D. This Convention shall not apply to persons who are currently using protection or support from other UN bodies or professional organisations than the United Nations High Commissioner for Refugees.
If, for any reason, such protection or support is not further granted to persons whose status is not yet definitively decided in accordance with the provisions of the relevant decisions of the General Assembly of the United Nations, they shall be subject to the provisions of this Convention.
E. This Convention shall not apply to a person who has been granted rights and obligations relating to the grant of nationality by the competent authorities of the country in which he is established.
F. The provisions of this Convention shall not apply to any person for whom there are serious grounds to believe that:
(a) commit a crime against peace, war or humanity, in the sense of international documents containing provisions on such crimes;
(b) committed a serious non-political crime outside the country of its asylum before it was allowed to settle there as a refugee;
(c) is guilty of acts contrary to the principles and objectives of the United Nations.
General commitments
Each refugee has responsibilities towards the country in which he is located, which means, in principle, that he must comply with the laws and regulations as well as with the rules on maintaining the public order of that country.
Prohibition of discrimination
The Contracting States undertake to comply with the provisions of this Convention against refugees without distinguishing between race, religion or country of origin.
Religion
The Contracting States undertake to treat refugees living on their territory in at least the same way as their own citizens on all matters relating to the freedom of religion and the freedom of religious education of their children.
Rights recognised independently of this Convention
Nothing in this Convention shall prejudice any rights and privileges conferred on refugees by the Contracting States, irrespective of this Convention.
The term "under the same circumstances"
The term "same circumstances" for the purposes of this Convention means that, in order to exercise the same rights as other citizens, a refugee must comply with all the conditions (in particular as regards the duration and conditions of residence), except those which, due to their nature, are unable to meet.
Exemption from reciprocity
1. The Contracting States shall treat refugees in the same way as other aliens, except where this Convention provides for a more favourable provision for refugees.
2. After three years of residence in the country, all refugees shall be exempted from the principle of reciprocity in the territory of the Contracting States.
3. Each Contracting State undertakes to grant refugees the rights and benefits they deserve without reciprocity when the Convention enters into force for that State.
4. The Contracting States undertake to consider favourably the possibilities to grant refugees without reciprocity, as well as those rights and benefits which go beyond the provisions of paragraphs 2 and 3, and to exclude from the principle of reciprocity those refugees who do not fulfil the conditions set out in paragraphs 2 and 3.
(5) The provisions of paragraphs 2 and 3 shall apply both to the rights and benefits referred to in Articles 13, 18, 19, 21 and 22 of this Convention and to the rights and advantages referred to in this Convention.
Exemption from exceptional measures
As regards exceptional measures which may be applied against a person, property or interests of foreign nationals, the Contracting States undertake not to apply such measures to a refugee who is still formally a national of that State on the sole basis of his nationality. Contracting States which, by virtue of their legislation, cannot apply the general principle referred to in this Article shall, where appropriate, make an exception for such refugees.
Temporary measures
Nothing in this Convention shall prevent a Contracting State from taking, in the event of war or in other serious and exceptional circumstances, temporary measures which it considers necessary for national security until such time as that Contracting State decides that that person is indeed a refugee and that the continuation of such measures is necessary for national security.
Duration of permanent residence
1. If the refugee was violently moved during the Second World War and transported to the territory of the Contracting State where he is now permanently present, the period of forced residence shall be considered as a lawful stay in that territory.
2. If, during World War II, the refugee was violently removed from the territory of a Contracting State and returned to permanent residence there before the entry into force of this Convention, the period of residence before and after the violent transfer shall be considered as uninterrupted in any case where the uninterrupted residence period is required.
Refugees - sailors
In the case where refugees served as crew members on a ship flying the flag of a Contracting State, that State shall give favourable consideration to the granting of a residence permit in its territory, the issuing of travel documents or a temporary entry permit in its territory, in particular to facilitate their establishment in another country.
CHAPTER II
LEGAL STABILITY
Personal status
1. The personal status of a refugee shall be governed by the laws of the country of origin, residence or, if not, by the laws of the country in which it is located.
2. The rights which a refugee has previously acquired and which relate to a personal status, in particular the rights relating to marriage, shall be respected by the Contracting State, provided that this is consistent with the formalities required by the laws of that Contracting State even if it is not recognised as a refugee.
Moved and immovable property
As regards the acquisition of movable and immovable property and rental or other rights relating to such property, the contracting States shall provide the refugee with the most favourable treatment possible and in no case less favourable than that accorded to foreigners in general under the same circumstances.
Copyright and industrial property
As regards the protection of industrial property such as inventions, designs, designs, trademarks, trade names or rights in the field of literary, artistic and scientific works, the country in which the refugee resides guarantees him the same protection as his own citizens. On the territory of any other Contracting State, a refugee uses the same protection as nationals of that country.
Right of association
As regards non-political and non-profit-making associations and trade unions, the Contracting States undertake to guarantee refugees legally located in their territory the most favourable treatment granted under the same circumstances to all other foreigners.
Access to courts
1. The fugitive is guaranteed free access to all courts in the territory of the Contracting States.
2. The refugee has the right to the same treatment as his own citizens in the territory of the Contracting State in which he resides, in matters of free access to courts, including legal assistance and removal from the cautio judicatum solvi.
3. In States other than those in which a refugee is permanently established, he shall enjoy the same treatment in the cases referred to in paragraph 2 as nationals of his country of residence.
CHAPTER III
FINANCIAL ACTIVITIES
Paid employment
1. The Contracting States shall grant the most favourable treatment provided under the same circumstances to foreigners in respect of the right to accept employment for wages to refugees legally resident in their territory.
2. The restrictive measures applicable to aliens or to the employment of foreigners in respect of the protection of the national labour market shall in no case be applied to a refugee who has already been exempted at the time of entry into force of this Convention for the relevant Contracting State or who fulfils one of the following conditions:
(a) have completed three years of permanent residence in the country;
(b) be married to a national of the country of residence; However, a refugee cannot require the benefits of this provision if he has left his partner,
(c) has one or more children who are nationals of the country of residence.
3. The Contracting States undertake to assess favourably the assimilation of the rights of all refugees in respect of employment for wages with those of their own citizens, and in particular those refugees who have come to their territory in implementing recruitment programmes or immigration programmes.
Separate business
The Contracting States undertake to provide refugees legally staying within their territory with the most favourable treatment possible and in no case less favourable than that provided to foreigners in general in the same circumstances as regards the right to work separately in agriculture, industry, craft and trade and to establish commercial and industrial companies.
Free professions
1. Each Contracting State shall provide refugees legally located in its territory who are holders of diplomas recognised by the competent authorities of that State and who intend to pursue a free profession with the most favourable treatment and in any case no less favourable than other foreigners in the same circumstances.
2. The Contracting States shall do their utmost to ensure the establishment of such refugees in all territories outside their own national territory for whose international relations they are responsible.
CHAPTER IV
SOCIAL QUESTIONS
Allocation
Wherever there is an allocation economy for all citizens governing the general supply of scarce goods, refugees are entitled to the same treatment as other citizens.
Housing
As far as housing is concerned, the Contracting States, where the area is governed by laws or regulations or is subject to control by public authorities, shall provide the refugees legally located in their territory with the most favourable treatment possible and in no case less favourable than that generally provided to foreigners in the same circumstances.
Public education
1. In relation to basic education, the Contracting States shall grant refugees the same treatment as all other citizens.
2. The Contracting States shall provide refugees with the most favourable treatment possible, and in no case less favourable than that generally provided to foreigners in the same circumstances as regards non-primary school education and, in particular, access to studies, recognition of foreign school certificates, diplomas and degrees, remission of tuition fees and fees and grant of scholarships.
Public aid
The Contracting States undertake to guarantee refugees legally located in their territory the same treatment in relation to the possibility of obtaining public aid and support as their own citizens.
Labour legislation and social security
1. The Contracting States undertake to guarantee the same treatment for refugees legally present in their territory as their own citizens in the following cases:
(a) where such matters are subject to laws and regulations or are subject to administrative control: salary, including family allowances, provided that they are included in salary, working time, overtime, paid leave, restrictions on home work, minimum age limit for entry into employment, apprenticeship and training, women and adolescents' work and benefit from collective bargaining;
(b) social security (statutory provisions with regard to accidents at work, occupational diseases, maternity leave, incapacity for work, old age, death, unemployment, family obligations and all other possible cases falling under national laws or regulations), with the exception of the following restrictions:
(i) appropriate measures to safeguard the rights already acquired or acquired;
(ii) the laws or regulations of the country of residence may provide for specific measures concerning the benefits or partial benefits which may be fully paid from public funds, as well as contributions to persons who have not fulfilled all the required conditions for payment of a normal pension.
2. The right to compensation for the death of a refugee caused by an accident at work or an occupational disease shall be without prejudice to the fact that the residence of the creditor lies outside the territory of the Contracting State.
3. The Contracting States undertake to extend to refugees the benefits resulting from agreements already concluded between them or those which could be concluded in the future, relating to the maintenance of rights already acquired or acquired in the field of social security, provided that the refugees fulfil the conditions applicable to the citizens of the States which have signed the agreements in question.
4. The Contracting States shall consider favourably the possibility of extending as far as possible the benefits resulting from agreements in force at any time between them and States not Parties to the Convention to refugees.
CHAPTER V
ADMINISTRATIVE MEASURES
Administrative assistance
1. If the normal use of a right requires a refugee to assist the authorities of a foreign country to which he cannot turn, the Contracting States in whose territory the refugee is located shall ensure that such assistance is provided to him by their own or international authorities.
2. The Office or authorities referred to in paragraph 1 shall issue or ensure, under their own supervision, that documents or certificates are issued to refugees in the same way as they would be issued to any other alien by its own authorities or through them.
3. The documents or certificates issued in this way shall be replaced by official documents issued to aliens by or through their own offices and shall be valid until further notice.
4. Except for certain exceptions, possibly applicable to the non-owners, all the above mentioned services may be subject to moderate charges, which must correspond to the level set for the same services to their own citizens.
5.
Freedom of movement
Each Contracting State shall allow refugees legally located in its territory to choose their place of residence and to move freely within its territory, with certain exceptions laid down by regulations which apply in the same circumstances to foreigners in general.
Personal documents
The Contracting States shall issue a personal document to any refugee who is in their territory and does not have a valid travel document.
Travel documents
1. The Contracting States shall issue to refugees legally located in their territory travel documents enabling them to travel outside their territory, unless serious reasons of national security or public order prevent this; the provisions set out in the Appendix to this Convention shall apply to such cards. The Contracting States may issue a travel document to any other refugee located in their territory and shall in particular give favourable consideration to the issue of such travel document to refugees in their territory who are not able to obtain a travel card from their country of legal residence.
2. Travel documents issued to refugees under previous international agreements between the Contracting Parties shall be recognised by the Contracting States and shall be deemed to be as valid as those issued to a refugee under this Article.
Tax rules
1. Contracting States may not, under any pretext, require from refugees obligations, benefits or taxes other than those prescribed or applicable to their own citizens in similar circumstances.
2. The provisions of the preceding paragraph shall not prevent refugees from being subject to the provisions of laws and regulations relating to the issue of administrative documents, including personal documents, to foreigners.
Transfer of assets
1. Each Contracting State, in accordance with its laws and regulations, undertakes to allow refugees to transfer the assets they have brought into its territory to another country to which they have been authorised to enter for resettlement.
2. Each Contracting State undertakes to consider favourably the request of refugees to authorise the transfer of all the assets necessary for their reestablishment in another country in which they have been authorised to settle.
Refugees who are illegally staying in the country to which they have resorted
1. The Contracting States undertake not to prosecute for illegal entry or presence of such refugees who come directly from a territory where their life or freedom has been compromised within the meaning of Article 1, enter or are present in their territory without authorisation, provided that they themselves sign up without delay to the authorities and demonstrate a good reason for their illegal entry or presence.
2. Contracting States shall not apply restrictions to the movement of such refugees other than those necessary and such restrictions shall only be applied until their status in the country has been modified or their entry into another country has been authorised. The Contracting States shall allow such refugees a reasonable period of time and shall provide all the necessary means to obtain authorisation to enter another country.
Extradition
1. Contracting States shall not expel a fugitive legally present in their territory except in cases justified by national security or public policy.
2. The expulsion of such a refugee will be carried out only on the basis of a decision taken by law. Except for the serious reasons required by state security, the refugee shall be given the opportunity to present evidence of his innocence, to appeal and to be legally represented before the competent authority or person or persons specifically appointed by that authority.
3. The Contracting States shall allow such refugee sufficient time to obtain a lawful entry permit from another country. Within this period, Contracting States may apply any internal measures that may be necessary.
No expulsion and refoulement
1. No Contracting State shall expel a refugee in any way or return a refugee to the borders of countries in which his life or personal freedom would be threatened on the basis of his race, religion, nationality, membership of a particular social class or political conviction.
2. However, the advantages of this provision cannot be claimed by a refugee who, for serious reasons, may be considered as dangerous in the country in which he is located or who, having been convicted of a final judgment of a particularly serious crime, poses a danger to the company of that country.
Allocation of nationality
The Contracting States undertake to facilitate, as far as possible, the assimilation and citizenship of refugees. In particular, they shall make every effort to speed up the procedure for the granting of citizenship and to reduce the fees and costs of the procedure as far as possible.
CHAPTER VI
IMPLEMENTING AND TRANSITIONAL PROVISIONS
Cooperation of state authorities with the United Nations
1. The Contracting States undertake to cooperate with the Office of the United Nations High Commissioner for Refugees or any other expert organisation of the United Nations which may replace him in the performance of his duties and in particular to facilitate his obligation to supervise the implementation of the provisions of this Convention.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 208 / 1993 Coll., on the negotiation of the Convention on the Status of Refugees and the Protocol on the Status of Refugees |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.08.1993 |
|---|---|
| Effective from | 26.11.1991 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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