Protocol relating to the Status of Refugees of 31 January 1967
States Parties List
United Nations General Assembly, 16 December 1966
4 October 1967
Preamble
The States Parties to the present Protocol,
Considering that the Convention relating to the Status of Refugees done at Geneva
on 28 July 1951 (hereinafter referred to as the Convention) covers only those
persons who have become refugees as a result of events occurring before 1
January, 1951,
Considering that new refugee situations have arisen since the Convention was
adopted and that the refugees concerned may therefore not fall within the scope of
the Convention,
Considering that it is desirable that equal status should be enjoyed by all refugees
covered by the definition in the Convention irrespective of the dateline 1 January 1951,
Have agreed as follows:
Article 1
General provision 1. The States Parties to the present Protocol undertake to apply
Articles 2 to 34 inclusive of the Convention to refugees as hereinafter defined.
2. For the purpose of the present Protocol, the term “refugee” shall, except as
regards the application of paragraph 3 of this Article, mean any person within the
definition of Article 1 of the Convention as if the words “As a result of events
occurring before 1 January 1951 and . . . “and the words”. . .a result of such
events”, in Article 1 A (2) were omitted.
3. The present Protocol shall be applied by the States Parties hereto without any
geographic limitation, save that existing declarations made by States already
Parties to the Convention in accordance with Article 1 B (1)(a) of the Convention,
shall, unless extended under Article 1 B (2) thereof, apply also under the present
Protocol.
Article 2
Co-operation of the national authorities with the United Nations 1. The States
Protocol relating to the Status of Refugees of 31 January 1967 Page 2 of 13
http://www.unhcr.ch/refworld/refworld/legal/instrume/asylum/proteng.htm 1/12/99
Parties to the present Protocol undertake to co-operate with the Office of the United
Nations High Commissioner for Refugees, or any other agency of the United
Nations which may succeed it, in the exercise of its functions, and shall in particular
facilitate its duty of supervising the application of the provisions of the present
Protocol.
2. In order to enable the Office of the High Commissioner, or any other agency of
the United Nations which may succeed it, to make reports to the competent organs
of the United Nations, the States Parties to the present Protocol undertake to
provide them with the information and statistical data requested, in the appropriate
form, concerning: (a) The condition of refugees; (b) The implementation of the
present Protocol; (c) Laws, regulations and decrees which are, or may hereafter be,
in force relating to refugees.
Article 3
Information on national legislation The States Parties to the present Protocol shall
communicate to the Secretary-General of the United Nations the laws and
regulations which they may adopt to ensure the application of the present Protocol.
Article 4
Settlement of disputes Any dispute between States Parties to the present Protocol
which relates to its interpretation or application and which cannot be settled by other
means shall be referred to the International Court of Justice at the request of any
one of the parties to the dispute.
Article 5
Accession The present Protocol shall be open for accession on behalf of all States
Parties to the Convention and of any other State Member of the United Nations or
member of any of the specialized agencies or to which an invitation to accede may
have been addressed by the General Assembly of the United Nations. Accession
shall be effected by the deposit of an instrument of accession with the Secretary-
General of the United Nations.
Article 6
Federal clause In the case of a Federal or non-unitary State, the following
provisions shall apply:
(a) With respect to those articles of the Convention to be applied in accordance with
Article I, paragraph 1, of the present Protocol that come within the legislative
jurisdiction of the federal legislative authority, the obligations of the Federal
Government shall to this extent be the same as those of States Parties which are
not Federal States;
(b) With respect to those articles of the Convention to be applied in accordance with
Article I, paragraph 1, of the present Protocol that come within the legislative
jurisdiction of constituent States, provinces or cantons which are not, under the
constitutional system of the federation, bound to take legislative action, the Federal
Government shall bring such articles with a favourable recommendation to the
notice of the appropriate authorities of States, provinces or cantons at the earliest
possible moment;
(c) A Federal State Party to the present Protocol shall, at the request of any other
State Party hereto transmitted through the Secretary-General of the United Nations,
Protocol relating to the Status of Refugees of 31 January 1967 Page 3 of 13
http://www.unhcr.ch/refworld/refworld/legal/instrume/asylum/proteng.htm 1/12/99
supply a statement of the law and practice of the Federation and its constituent units
in regard to any particular provision of the Convention to be applied in accordance
with Article I, paragraph 1, of the present Protocol, showing the extent to which
effect has been given to that provision by legislative or other action.
Article 7
Reservations and declarations
1. At the time of accession, any State may make reservations in respect of Article
IV of the present Protocol and in respect of the application in accordance with
Article I of the present Protocol of any provisions of the Convention other than those
contained in Articles 1, 3, 4, 16 (1) and 33 thereof, provided that in the case of a
State Party to the Convention reservations made under this Article shall not extend
to refugees in respect of whom the Convention applies.
2. Reservations made by States Parties to the Convention in accordance with
Article 42 thereof shall, unless withdrawn, be applicable in relation to their
obligations under the present Protocol.
3. Any State making a reservation in accordance with paragraph 1 of this Article
may at any time withdraw such reservation by a communication to that effect
addressed to the Secretary-General of the United Nations.
4. Declarations made under Article 40, paragraphs 1 and 2, of the Convention by a
State Party thereto which accedes to the present Protocol shall be deemed to apply
in respect of the present Protocol, unless upon accession a notification to the
contrary is addressed by the State Party concerned to the Secretary-General of the
United Nations. The provisions of Article 40, paragraphs 2 and 3, and of Article 44,
paragraph 3, of the Convention shall be deemed to apply mutatis mutandis to the
present Protocol.
Article 8
Entry into force
1. The present Protocol shall come into force on the day of deposit of the sixth
instrument of accession.
2. For each State acceding to the Protocol after the deposit of the sixth instrument
of accession, the Protocol shall come into force on the date of deposit by such State
of its instrument of accession.
Article 9
Denunciation
1 Any State Party hereto may denounce this Protocol at any time by a notification
addressed to the Secretary-General of the United Nations.
2. Such denunciation shall take effect for the State Party concerned one year from
the date on which it is received by the Secretary-General of the United Nations.
Article 10
Notifications by the Secretary-General of the United Nations The Secretary-General
Protocol relating to the Status of Refugees of 31 January 1967 Page 4 of 13
http://www.unhcr.ch/refworld/refworld/legal/instrume/asylum/proteng.htm 1/12/99
of the United Nations shall inform the States referred to in Article V above of the
date of entry into force, accessions, reservations and withdrawals of reservations to
and denunciations of the present Protocol, and of declarations and notifications
relating hereto.
Article 11
Deposit in the archives of the Secretariat of the United Nations A copy of the
present Protocol, of which the Chinese, English, French, Russian and Spanish texts
are equally authentic, signed by the President of the General Assembly and by the
Secretary-General of the United Nations, shall be deposited in the archives of the
Secretariat of the United Nations. The Secretary-General will transmit certified
copies thereof to all States Members of the United Nations and to the other States
referred to in Article V above.
APPENDIX
GENERAL ASSEMBLY RESOLUTION 2198 (XXI)
Protocol relating to the Status of Refugees
The General Assembly, Considering that the Convention relating to the Status of
Refugees, signed at Geneva on 28 July 1951, covers only those persons who have
become refugees as a result of events occurring before 1 January 1951,
Considering that new refugee situations have arisen since the Convention was
adopted and that the refugees concerned may therefore not fall within the scope of
the Convention,
Considering that it is desirable that equal status should be enjoyed by all refugees
covered by the definition in the Convention, irrespective of the date-line of 1
January 1951,
Taking note of the recommendation of the Executive Committee of the Programme
of the United Nations High Commissioner for Refugees that the draft Protocol
relating to the Status of Refugees should be submitted to the General Assembly
after consideration by the Economic and Social Council, in order that the Secretary-
General might be authorized to open the Protocol for accession by Governments
within the shortest possible time,
Considering that the Economic and Social Council, in its resolution 1186 (XLI) of 18
November 1966, took note with approval of the draft Protocol contained in the
addendum to the report of the United Nations High Commissioner for Refugees and
concerning measures to extend the personal scope of the Convention and
transmitted the addendum to the General Assembly,
1. Takes note of the Protocol relating to the Status of Refugees, the text of which is
contained in the addendum to the report of the United Nations High Commissioner
for Refugees;
2. Requests 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.
1495th plenary meeting, 16 December 1966.
Protocol relating to the Status of Refugees of 31 January 1967 Page 5 of 13
http://www.unhcr.ch/refworld/refworld/legal/instrume/asylum/proteng.htm 1/12/99
Angola
Date of accession and entry into force: 23 June 1981
Reservation
In its instrument of accession to the Protocol, the Government of Angola declared,
in accordance with Article VII paragraph 1, 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
Date of accession and entry into force: 6 January 1969
Reservations
“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
Date of accession and entry into force: 15 March 1971
Reservations
The instrument of accession to the Protocol was made subject to the following
reservations with respect to the application of the Articles of the Convention to those
refugees covered by the Protocol:
“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
Date of accession: 09 July 1987
Reservations
Protocol relating to the Status of Refugees of 31 January 1967 Page 6 of 13
http://www.unhcr.ch/refworld/refworld/legal/instrume/asylum/proteng.htm 1/12/99
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
Date of accession and entry into force: 27 April 1972
Reservations
(1) With the reservation that, with reference to the provisions of article 34, the
Government of Chile will be unable to grant to refugees facilities greater than those
granted to aliens in general, in view of the liberal nature of Chilean naturalization
laws;
(2) With reservation that the period specified in article 17, paragraph 2 (a) shall, in
the case of Chile, be extended from three to ten years;
(3) With the reservation that article 17, paragraph 2 (c) shall apply only if the
refugee is the widow or the widower of a Chilean spouse;
(4) With the reservation that the Government of Chile cannot grant a longer period
for compliance with an expulsion order than that granted to other aliens in general
under Chilean law.
China (Peoples’ Republic of)
Date of accession and entry into force: 24 September 1982
Reservation
The Government of China declared that it does not consider itself bound by Article
IV of the Protocol regarding the settlement of disputes.
Congo
Date of accession and entry into force: 10 July 1970
Reservation
The Government of the Congo does not consider itself bound by Article IV of the
Protocol regarding the settlement of disputes.
El Salvador
Date of accession and entry into force: 28 April 1983
Reservations In its instrument of accession to the above-mentioned Protocol, the
Government of El Salvador made a reservation to the effect that article IV would
not apply in respect of El Salvador.
Ethiopia
Protocol relating to the Status of Refugees of 31 January 1967 Page 7 of 13
http://www.unhcr.ch/refworld/refworld/legal/instrume/asylum/proteng.htm 1/12/99
Date of accession and entry into force: 1O November 1969
Reservations
Subject to the following reservation in respect of the application, under article 1 of
the Protocol, of the Convention relating to the Status of Refugees, done at Geneva
on 28 July 1951:
“The provisions of articles 8, 9, 17 (2), and 22 (1) of the Convention are recognized
only as recommendations and not as legally binding obligations”
Finland
Date of accession and entry into force: 10 October 1968
Reservations
Subject to the reservations made in relation to the Convention relating to the Status
of Refugees, in accordance with article I of the Protocol.
Ghana
Date of accession and entry into force: 30 October 1968
Reservation
“The Government of Ghana does not consider itself bound by Article IV of the
Protocol regarding the settlement of disputes.”
Guatemala
Date of accession and entry into force: 22 September 1983
Reservations
1. The Republic of Guatemala accedes to the Convention Relating to the Status of
Refugees and its Protocol, with the reservation that it will not apply provisions of
those instruments in respect of which the Convention allows reservations if those
provisions contravene constitutional precepts in Guatemala or norms of public order
under domestic law.
2. The expression “treatment as favourable as possible” in all articles of the
Convention and of the Protocol in which the expression is used should be
interpreted as not including rights which, under law or treaty, the Republic of
Guatemala has accorded or is according to nationals of the Central American
countries or of other countries with which it has concluded or is entering into
agreements of a regional nature.
Honduras
Date of accession: 23 March 1992
Reservation
Protocol relating to the Status of Refugees of 31 January 1967 Page 8 of 13
http://www.unhcr.ch/refworld/refworld/legal/instrume/asylum/proteng.htm 1/12/99
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
Date of accession and entry into force: 14 June 1968
Reservations
The reservations made by Israel to the 1951 Convention (see above) are, in
accordance with Article VII(2) of the 1967 Protocol, applicable to its obligations
under the latter instrument.
Jamaica
Date of accession and entry into force: 30 October 1980
Reservations
“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
1, 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.”
Luxembourg
Date of accession and entry into force: 22 April 1971
Reservation
The reservation made by Luxembourg to the 1951 Convention (see above) is, in
accordance with Article VII(2) of the 1967 Protocol, applicable to its obligations
under the latter instrument.
Malawi
Date of accession and entry into force: 10 December 1987
Declaration
Protocol relating to the Status of Refugees of 31 January 1967 Page 9 of 13
http://www.unhcr.ch/refworld/refworld/legal/instrume/asylum/proteng.htm 1/12/99
“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
Date of accession and entry into force: 15 September 1971
Reservations
The reservations made by Malta to the 1951 Convention (see above) are, in
accordance with Article VII(2) of the 1967 Protocol, applicable to its obligations
under the latter instrument.
Netherlands
Date of accession and entry into force: 29 November 1968
Reservation
In accordance with article VII of the Protocol, all reservations made by the Kindgom
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.
Territorial Application
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.
Peru
Date of accession: 15 September 1983
Declaration:
The Government of Peru hereby expressly declares with reference to the provisions
of articel 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 it disposal,
and the Government of Peru shall endeavour in all cases to co-operate as far as
possible with the Office ot the United Nations High Commissioner for Refugees.
Portugal
Date of accession and entry into force: 13 July 1976
Declaration:
Protocol relating to the Status of Refugees of 31 January 1967 Page 10 of 13
http://www.unhcr.ch/refworld/refworld/legal/instrume/asylum/proteng.htm 1/12/99
Upon accession, the Government of Portugal stated the following:
” (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 contry, this clause will not be
intepreted in such a way as to mean the status granted by Portugal to the nationals
of Brazil or to the national of other countries with whom Portugal may establish
commonwealth-type relations”
Republic of Korea
Date of accession: 03 December 1992
Reservation
“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
Date of accession and entry into force: 3 January 1980
Reservations
The instrument of accession also contains the following 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
Date of accession and entry into force: 10 October 1978
Reservations
“The Government of the Somali Democratic Republic acceded to the Convention
and Protocol on the understanding that nothing in the said Convention or Protocol
will be construed to prejudice or adversely affect the national status, or political
aspiration of displaced persons from Somali territories under alien domination.
It is this spirit, that the Somali Democratic Republic will commit itself to respect the
terms and provisions of the said Convention and Protocol.”
Swaziland
Date of accession and entry into force: 28 January 1969
Declaration
The instrument of accession made the following declaration:
Protocol relating to the Status of Refugees of 31 January 1967 Page 11 of 13
http://www.unhcr.ch/refworld/refworld/legal/instrume/asylum/proteng.htm 1/12/99
“The Government of the Kingdom of Swaziland deems it essential to draw attention
to the accession herewith as a Member of the United Nations, and not as a Party to
the said Convention by reason of succession or otherwise.”
Reservations
Pursuant to paragraph 1 of Article VII of the Protocol, the accession to the Protocol
by Swaziland was made subject to the following reservations in respect of the
application, under Article I of the Protocol, of the provisions of the Convention
relating to the Status of Refugees:
“(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.”
Turkey
Date of accession and entry into force: 31 July 1968
Reservations
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, 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
Date of accession and entry into force: 27 September 1976
Reservations
The reservations made by Uganda to the 1951 Convention (see above) are, in
accordance with Article VII(2) of the 1967 Protocol, applicable to its obligations
under the latter instrument.
United Kingdom
Date of accession and entry into force: 4 September 1968
Territorial Application
“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.”
Protocol relating to the Status of Refugees of 31 January 1967 Page 12 of 13
http://www.unhcr.ch/refworld/refworld/legal/instrume/asylum/proteng.htm 1/12/99
“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
Date of accession and entry into force: 4 September 1968
Reservation
“The provision 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
Date of accession and entry into force: 1 November 1968
Reservations
The instrument of accession contained the following reservations in respect of the
application of the Convention, in accordance with Article I of the Protocol:
“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 in so far 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 favourable than is accorded to aliens generally in the
same circumstances.”
Venezuela
Date of accession and entry into force: 19 September 1986
Declaration
“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
has concluded regional or subregional integration, customs, economic or political
agreements”.
Reservation
The instrument of accession also contains a reservation in respect of Article IV.
Protocol relating to the Status of Refugees of 31 January 1967 Page 13 of 13
http://www.unhcr.ch/refworld/refworld/legal/instrume/asylum/proteng.htm 1/12/99
