Articles of Conventions Applicable to Recognized Refugees and Protected Persons (Section 12)
Part I – Articles of Convention relating to the Status of Refugees of the 28th July, 1951
Article 2 – General obligations
Every refugee has duties to the country in which he finds himself, which require in particular that he conform to its laws and regulations as well as to measures taken for the maintenance of public order.Article 3 – Non-discrimination
The Contracting States shall apply the provisions of this Convention to refugees without discrimination as to race, religion or country of origin.Article 4 – Religion
The Contracting States shall accord to refugees within their territories treatment at least as favourable as that accorded to their nationals with respect to freedom to practise their religion and freedom as regards the religious education of their children.Article 7 – Exemption from reciprocity
1.Except where this Convention contains more favourable provisions, a Contracting State shall accord to refugees the same treatment as is accorded to aliens generally.2.After a period of three years’ residence, all refugees shall enjoy exemption from legislative reciprocity in the territory of the Contracting States.3.Each Contracting State shall continue to accord to refugees the rights and benefits to which they were already entitled, in the absence of reciprocity, at the date of entry into force of this Convention for that State.4.The provisions of paragraphs 2 and 3 apply both to the rights and benefits referred to in Articles 13, 18, 19, 21 and 22 of this Convention and to rights and benefits for which this Convention does not provide.Article 8 – Exemption from exceptional measures
With regard to exceptional measures which may be taken against the person, property or interests of nationals of a foreign State, the Contracting States shall not apply such measures to a refugee who is formally a national of the said State solely on account of such nationality. Contracting States which, under their legislation, are prevented from applying the general principle expressed in this Article, shall, in appropriate cases, grant exemptions in favour of such refugees.Article 9 – Provisional measures
Nothing in this Convention shall prevent a Contracting State, in time of war or other grave and exceptional circumstances, from taking provisionally measures which it considers to be essential to the national security in the case of a particular person, pending a determination by the Contracting State that that person is in fact a refugee and that the continuance of such measures is necessary in his case in the interests of national security.Article 12 – Personal status
1.The personal status of a refugee shall be governed by the law of the country of his domicile or, if he has no domicile, by the law of the country of his residence.2.Rights previously acquired by a refugee and dependent on personal status, more particularly rights attaching to marriage, shall be respected by a Contracting State, subject to compliance, if this be necessary, with the formalities required by the law of that State, provided that the right in question is one which would have been recognized by the law of that State had he not become a refugee.Article 13 – Movable and immovable property
The Contracting States shall accord to a refugee treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, as regards the acquisition of movable and immovable property and other rights pertaining thereto, and to leases and other contracts relating to movable and immovable property.Article 14 – Artistic rights and industrial property
In respect of the protection of industrial property, such as inventions, designs or models, trade marks, trade names, and of rights in literary, artistic and scientific works, a refugee shall be accorded in the country in which he has his habitual residence the same protection as is accorded to nationals of that country. In the territory of any other Contracting State, he shall be accorded the same protection as is accorded in that territory to nationals of the country in which he has his habitual residence.Article 15 – Right of association
As regards non-political and non-profit-making associations and trade unions the Contracting State shall accord to refugees lawfully staying in their territory the most favourable treatment accorded to nationals of a foreign country, in the same circumstances.Article 16 – Access to courts
1.A refugee shall have free access to the courts of law in the territory of all Contracting States.2.A refugee shall enjoy in the Contracting State in which he has his habitual residence the same treatment as a national in matters pertaining to access to the courts, including legal assistance and exemption from cautio judicatum solvi.3.A refugee shall be accorded in the matters referred to in paragraph 2 in countries other than that in which he has his habitual residence the treatment granted to a national of the country of his habitual residence.Article 18 – Self-employment
The Contracting States shall accord to a refugee lawfully in their territory treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, as regards the right to engage on his own account in agriculture, industry, handicrafts and commerce and to establish commercial and industrial companies.Article 19 – Liberal professions
1.Each Contracting State shall accord to refugees lawfully staying in their territory who hold diplomas recognized by the competent authorities of that State, and who are desirous of practising a liberal profession, treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances.2.The Contracting States shall use their best endeavours consistent with their laws and constitutions to secure the settlement of such refugees in the territories, other than the metropolitan territory, for whose international relations they are responsible.Article 20 – Rationing
Where a rationing system exists, which applies to the population at large and regulates the general distribution of products in short supply, refugees shall be accorded the same treatment as nationals.Article 21 – Housing
As regards housing, the Contracting States, in so far as the matter is regulated by laws or regulations or is subject to the control of public authorities, shall accord to refugees lawfully staying in their territory treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances.Article 22 – Public education
2.The Contracting States shall accord to refugees treatment as favourable as possible, and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, with respect to education other than elementary education and, in particular, as regards access to studies, the recognition of foreign school certificates, diplomas and degrees, the remission of fees and charges and the award of scholarships.Article 25 – Administrative assistance
1.When the exercise of a right by a refugee would normally require the assistance of authorities of a foreign country to whom he cannot have recourse, the Contracting States in whose territory he is residing shall arrange that such assistance be afforded to him by their own authorities or by an international authority.2.The authority or authorities mentioned in paragraph 1 shall deliver or cause to be delivered under their supervision to refugees such documents or certifications as would normally be delivered to aliens by or through their national authorities.3.Documents or certifications so delivered shall stand in the stead of the official instruments delivered to aliens by or through their national authorities, and shall be given credence in the absence of proof to the contrary.4.Subject to such exceptional treatment as may be granted to indigent persons, fees may be charged for the services mentioned herein, but such fees shall be moderate and commensurate with those charged to nationals for similar services.5.The provisions of this Article shall be without prejudice to Articles 27 and 28.Article 27 – Identity papers
The Contracting States shall issue identity papers to any refugee in their territory who does not possess a valid travel document.Article 28 – Travel documents
1.The Contracting States shall issue to refugees lawfully staying in their territory travel documents for the purpose of travel outside their territory unless compelling reasons of national security or public order otherwise require, and the provisions of the Schedule to this Convention shall apply with respect to such documents. The Contracting States may issue a travel document to any other refugee in their territory, they shall in particular give sympathetic consideration to the issue of such travel document to refugees in their territory who are unable to obtain a travel document from the country of their lawful residence.2.Travel documents issued to refugees under previous international agreements by parties thereto shall be recognized and treated by the Contracting States in the same way as if they had been issued pursuant to this article.Article 29 – Fiscal charges
1.The Contracting States shall not impose upon refugees duties, charges or taxes, of any description whatsoever, other or higher than those which are or may be levied on their nationals in similar situations.2.Nothing in the above paragraph shall prevent the application to refugees of the laws and regulations concerning charges in respect of the issue to aliens of administrative documents including identity papersArticle 30 – Transfer of assets
1.A Contracting State shall, in conformity with its laws and regulations, permit refugees to transfer assets which they have brought into its territory, to another country where they have been admitted for the purposes of resettlement.2.A Contracting State shall give sympathetic consideration to the application of refugees for permission to transfer assets wherever they may be and which are necessary for their resettlement in another country to which they have been admitted.Article 34 – Naturalization
The Contracting States shall as far as possible facilitate the assimilation and naturalization of refugees. They shall in particular make every effort to expedite naturalization proceedings and to reduce as far as possible the charges and costs of such proceedings.Travel document
Paragraph 1
1.The travel document referred to in Article 28 of this Convention shall be similar to the specimen annexed hereto.2.The document shall be made out in at least two languages, one of which shall be English or French.Paragraph 2
Subject to the regulations obtaining in the country of issue, children may be included in the travel document of a parent or, in exceptional circumstances, of another adult refugee.Paragraph 3
The fees charged for issue of the documents shall not exceed the lowest scale of charges for national passports.Paragraph 4
Save in special or exceptional cases, the document shall be made valid for the largest possible number of countries.Paragraph 5
The document shall have a validity of either one or two years at the discretion of the issuing authority.Paragraph 6
1.The renewal or extension of the validity of the document is a matter for the authority which issued it, so long as the holder has not established lawful residence in another territory and resides lawfully in the territory of the said authority. The issue of a new document is, under the same conditions, a matter for the authority which issued the former document.2.Diplomatic or consular authorities, specially authorized for the purpose, shall be empowered to extend, for a period not exceeding six months, the validity of travel documents issued by their Governments.3.The Contracting States shall give sympathetic consideration to renewing or extending the validity of travel documents or issuing new documents to refugees no longer lawfully resident in their territory who are unable to obtain a travel document from the country of their lawful residence.Paragraph 7
The Contracting States shall recognize the validity of the documents issued in accordance with the provisions of Article 28 of this Convention.Paragraph 8
The competent authorities of the country to which the refugee desires to proceed shall, if they are prepared to admit him and if a visa is required, affix a visa on the document of which he is the holder.Paragraph 9
1.The Contracting States undertake to issue transit visas to refugees who have obtained visas for a territory of final destination.2.The issue of such visas may be refused on grounds which would justify refusal of a visa to any alien.Paragraph 10
The fees for the issue of exit, entry or transit visas shall not exceed the lowest scale of charges for visas on foreign passports.Paragraph 11
When a refugee has lawfully taken up residence in the territory of another Contracting State, the responsibility for the issue of a new document, under the terms and conditions of Article 28, shall be that of the competent authority of that territory, to which the refugee shall be entitled to apply.Paragraph 12
The authority issuing a new document shall withdraw the old document and shall return it to the country of issue, if it is stated in the document that it should be so returned; otherwise it shall withdraw and cancel the document.Paragraph 13
1.Each Contracting State undertakes that the holder of a travel document issued by it in accordance with Article 28 of this Convention shall be re-admitted to its territory at any time during the period of its validity.2.Subject to the provisions of the preceding subparagraph, a Contracting State may require the holder of the document to comply with such formalities as may be prescribed in regard to exit from or return to its territory.3.The Contracting States reserve the right, in exceptional cases, or in cases where the refugee’s stay is authorized for a specific period, when issuing the document, to limit the period during which the refugee may return to a period of not less than three months.Paragraph 14
Subject only to the terms of paragraph 13, the provisions of this Schedule in no way affect the laws and regulations governing the conditions of admission to, transit through, residence and establishment in, and departure from, the territories of the Contracting States.Paragraph 15
Neither the issue of the document nor the entries made thereon determine or affect the status of the holder, particularly as regards nationality.Paragraph 16
The issue of the document does not in any way entitle the holder to the protection of the diplomatic or consular authorities of the country of issue, and does not confer on these authorities a right of protection.Annex
Specimen Travel Document
The document will be in booklet form (approximately 15 x 10 centimetres).It is recommended that it be so printed that any erasure or alteration by chemical or other means can be readily detected, and that the words “Convention of 28 July 1951” be printed in continuous repetition on each page, in the language of the issuing country.(Cover of booklet)
Travel Document
(Convention of 28 July 1951)
No. ______________(1)
Travel Document
(Convention of 28 July 1951)
This document expires on ________________________________________ unless its validity is extended or renewed.Name ________________________________________________________________Forename(s) _________________________________________________________Accompanied by _____________________________________________________child (Children)1.This document is issued solely with a view to providing the holder with a travel document which can serve in lieu of a national passport. It is without prejudice to and in no way affects the holder’s nationality.2.The holder is authorized to return to ___________________________ [state here the country whose authorities are issuing the document] on or before _______________________ unless some later date is hereafter specified.[The period during which the holder is allowed to return must not be less than three months].3.Should the holder take up residence in a country other than that which issued the present document, he must, if he wishes to travel again, apply to the competent authorities of his country of residence for a new document.[The old travel document shall be withdrawn by the authority issuing the new document and returned to the authority which issued it.]*(This document contains ____ pages, exclusive of cover.)*The sentence in brackets to be inserted by Governments which so desire(2)
Place and date of birth ____________________________________________________________Occupation ______________________________________________________________________Present residence _________________________________________________________________*Maiden name and forename(s) of wife _______________________________________________________________________________________________________________________________*Name and forename(s) of husband __________________________________________________________________________________________________________________________________Description
Height ___________________________________________________________________________Hair______________________________________________________________________________Colour of eyes_____________________________________________________________________Nose_____________________________________________________________________________Shape of face _____________________________________________________________________Complexion ______________________________________________________________________Special peculiarities________________________________________________________________Children accompanying holder
| Name | Forename(s) | Place and date of birth | Sex |
| ___________________ | ___________________ | ___________________ | ___________________ |
| ___________________ | ___________________ | ___________________ | ___________________ |
(3)
| Photograph of holderand stamp of issuing authority | Finger-prints of holder(if required) |
(4)
1.This document is valid for the following countries:_____________________________________________________________________________________________________________2.Document or documents on the basis of which the present document is issued:____________________________________________________________________________________________________________________________________________________________Issued at ______________________________________Date ___________________________________________Signature and stamp of authority issuing the document:____________________________________________Fee paid:(This document contains _______pages, exclusive of cover.)(5)
| Extension or renewal of validity | |
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| | Signature and stamp of authority extending orrenewing the validity of the document:______________________________________ |
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| Fee paid: | From | |
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| | Signature and stamp of authority extending orrenewing the validity of the document:______________________________________ |
| (This document contains ___________ pages, exclusive of cover.) |
(6)
| Extension or renewal of validity | |
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| Fee paid: | From | |
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| | Signature and stamp of authority extending orrenewing the validity of the document:______________________________________ |
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| Fee paid: | From | |
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| | Signature and stamp of authority extending orrenewing the validity of the document:______________________________________ |
| (This document contains ___________ pages, exclusive of cover.) |
(7—32)
Visas
The name of the holder of the document must be repeated in each visa. (This document contains _____ pages, exclusive of cover.)Part II – Articles of Organization of African Unity Convention governing the specific aspects of refugee problems in Africa of the 10th September, 1969
Article III – Prohibition of subversive activities
1.Every refugee has duties to the country in which he finds himself, which require in particular that he conforms with its laws and regulations as well as with measures taken for the maintenance of public order. He shall also abstain from any subversive activities against any Member State of the OAU.2.Signatory States undertake to prohibit refugees residing in their respective territories from attacking any State Member of the OAU, by any activity likely to cause tension between Member States, and in particular by use of arms, through the press, or by radio.Article V – Voluntary repatriation
1.The essentially voluntary character of repatriation shall be respected in all cases and no refugee shall be repatriated against his will.2.The country of asylum, in collaboration with the country of origin, shall make adequate arrangements for the safe return of refugees who request repatriation.3.The country of origin, on receiving back refugees, shall facilitate their resettlement and grant them the full rights and privileges of nationals of the country, and subject them to the same obligations.4.Refugees who voluntarily return to their country shall in no way be penalized for having left it for any of the reasons giving rise to refugee situations. Whenever necessary, an appeal shall be made through national information media and through the Administrative Secretary-General of the OAU, inviting refugees to return home and giving assurance that the new circumstances prevailing in their country of origin will enable them to return without risk and to take up a normal and peaceful life without fear of being disturbed or punished, and that the text of such appeal should be given to refugees and clearly explained to them by their country of asylum.5.Refugees who freely decide to return to their homeland, as a result of such assurances or on their own initiative, shall be given every possible assistance by the country of asylum, the country of origin, voluntary agencies and international and inter-governmental organizations, to facilitate their return.