On the accession of the Republic of Kazakhstan to the Convention on the Status of Refugees and the Protocol on the Status of Refugees

Home / RLA / On the accession of the Republic of Kazakhstan to the Convention on the Status of Refugees and the Protocol on the Status of Refugees

The Law of the Republic of Kazakhstan dated December 15, 1998 No. 317-I

The Republic of Kazakhstan should accede to the Convention on the Status of Refugees, adopted on July 28, 1951, and the Protocol on the Status of Refugees, adopted on January 31, 1967.

President N. Nazarbayev of the Republic of Kazakhstan

Appendix 1

Convention relating to the Status of Refugees (Geneva, July 28, 1951)

 The preamble

The High Contracting Parties, Bearing in mind that the Charter of the United Nations and the Universal Declaration of Human Rights, adopted by the General Assembly on December 10, 1948, established the principle that all human beings should enjoy fundamental rights and freedoms without discrimination of any kind in this regard, Bearing in mind that the United Nations has repeatedly She showed her deep interest in the fate of refugees and made efforts to, in order to ensure the widest possible enjoyment of these fundamental rights and freedoms for refugees, bearing in mind that it is desirable to review and consolidate previously concluded international agreements on the status of refugees and expand the scope of application of these treaties and the protection provided by them by concluding a new agreement, bearing in mind that granting the right of asylum may impose an exorbitant burden on some countries and what is a satisfactory solution to a problem whose international scale and nature are recognized by the United Nations, Therefore, it cannot be achieved without international cooperation, expressing the wish that all States, recognizing the social and humanitarian nature of the refugee problem, take all measures to prevent friction between States in connection with this problem, noting that the United Nations High Commissioner for Refugees is charged with monitoring the implementation of international conventions on the protection of refugees, and Recognizing that the effectiveness of the coordination of measures taken to resolve this problem depends on the cooperation of States with the High Commissioner, We have concluded the following agreement:

Chapter 1 General provisions

Article 1. Definition of the term "Refugee"

But. In this Convention, the term "refugee" means a person who: 1) was considered a refugee by virtue of the Agreements of May 12, 1926 and June 30, 1928, or by virtue of the Conventions of October 28, 1933 and February 10, 1938, the Protocol of September 14, 1939, or by virtue of the charter of an International Organization on Refugee affairs; Decisions on the denial of the right to be considered refugees issued by the International Organization for Refugees during its period of activity do not prevent the granting of refugee status to persons who meet the conditions set out in paragraph 2 of this section.; 2) as a result of events that occurred before January 1, 1951, and due to well-founded fears of becoming a victim of persecution on the basis of race, religion, citizenship, membership in a particular social group or political beliefs, he is outside the country of his nationality and cannot enjoy the protection of this country or does not want to enjoy such protection due to such fears; or, having no specific nationality and being outside the country of his former habitual residence as a result of such events, he cannot or does not want to return to it due to such fears. In cases where a person is a citizen of several countries, the expression "country of his nationality" means any of the countries of which he is a citizen, and such a person is not considered to be deprived of the country of his nationality if, without any valid reason arising from well-founded fears, he does not resort to the protection of one from the country of which he is a citizen. V. (1) In this Convention, the words "events that occurred before January 1, 1951" referred to in article 1, section A, mean either: (a) "events that occurred in Europe before January 1, 1951"; or (c) "events that occurred in Europe or elsewhere before January 1, 1951"; and each Contracting State shall indicate at the time of signature, ratification or accession which of the above-mentioned observations it adheres to with respect to the obligations it has assumed under this Convention. (2) Any Contracting State which has adopted alternative meaning "a" may at any time extend the scope of its obligations by adopting alternative meaning "b" by notification to the Secretary-General of the United Nations. C. The provisions of this Convention shall no longer apply to a person who falls within the definition of section A, who: 1) voluntarily re-availed himself of the protection of the country of his nationality; or, 2) having lost his nationality, voluntarily acquired it again.; or 3) acquired a new nationality and enjoys the protection of the country of his new nationality; or 4) voluntarily re-settled in the country that he left or stayed outside of due to fear of persecution; or 5) can no longer refuse to use the protection of the country of his nationality, because the circumstances on the basis of which he was recognized as a refugee, no longer exist; the provisions of this paragraph shall not apply to refugees who fall within the definition of paragraph 1 of section A of this article if they are able to provide sufficient grounds, arising from previous persecution, for their refusal to enjoy the protection of their country of nationality; 6) being a person without a specific nationality, may return to the country of their former habitual residence, because the circumstances on the basis of which he was recognized as a refugee no longer exist.; The provisions of this paragraph shall not apply to refugees who fall within the definition of paragraph 1 of section A of this article if they are able to provide sufficient grounds, arising from previous persecution, for their refusal to return to the country of their former habitual residence. D. The provisions of this Convention do not apply to persons who currently enjoy the protection or assistance of other United Nations bodies or agencies other than the United Nations High Commissioner for Refugees. In cases where such protection or assistance has been terminated for any reason, before the situation of these persons has been finally resolved in accordance with the relevant resolutions adopted by the General Assembly of the United Nations, these persons automatically acquire the rights arising from this Convention. E. The provisions of this Convention do not apply to persons for whom the competent authorities of the country in which they reside recognize the rights and obligations related to the citizenship of that country. F. The provisions of this Convention do not apply to all those persons in respect of whom there are serious grounds to believe that they have: (a) committed a crime against peace, a war crime, or a crime against humanity as defined in international instruments drawn up for the purpose of taking action against such crimes; (c) committed a grave non-political crime. of a character outside the country that gave them asylum and before they were admitted to that country as refugees; (c) Are guilty of acts contrary to the purposes and principles of the United Nations.

Article 2. General obligations

Every refugee has obligations in relation to the country in which he is located, by virtue of which, in particular, he must obey laws and regulations, as well as measures taken to maintain public order.

Article 3. Non-discrimination

The Contracting States will apply the provisions of this Convention to refugees without discrimination based on their race, religion or country of origin.

Article 4. Religious beliefs

The Contracting States will provide refugees residing in their territories with at least the same favourable treatment as their own citizens with respect to the freedom to practice their religion and the freedom to provide their children with religious education.

 Article 5. Rights granted independently of this Convention

Nothing in this Convention violates any rights and benefits granted to refugees by any Contracting State, regardless of this Convention.

Article 6. The expression "under the same circumstances"

In this Convention, the expression "in the same circumstances" means that a refugee must meet any requirements (including requirements regarding the duration and conditions of stay or residence in the country) that the individual would have to meet in order to exercise the relevant right if he were not a refugee, with the exception of requirements that, by virtue of The refugee is not able to satisfy their character.

Article 7. Exceptions to the principle of reciprocity

1. Except in cases where refugees are granted a more favourable legal status on the basis of this Convention, a Contracting State will grant them the same status as foreigners generally enjoy. 2. After the expiration of the three-year period of residence in the territory of the Contracting States, all refugees will be exempt from the requirement of reciprocity established by law. 3. Each Contracting State will continue to grant refugees the rights and benefits to which they were entitled without any reciprocity on the date of entry into force of this Convention in respect of that State. 4. The Contracting States will treat favourably the possible granting to refugees, without any reciprocity, of rights and benefits other than those to which they are entitled under paragraphs 2 and 3, and the possible exemption from the requirement of reciprocity for refugees who do not meet the conditions provided for in paragraphs 2 and 3. 5. The provisions of paragraphs 2 and 3 shall apply both to the rights and advantages referred to in articles 13, 18, 19, 21 and 22 of this Convention and to rights and advantages not provided for therein.

Article 8. Exceptions to exceptional measures

Exceptional measures that may be applied to persons, property or interests of citizens of a foreign State will not be applied by the Contracting States to refugees who are formally citizens of that State solely on the basis of their nationality. Contracting States whose legislation does not allow the application of the general principle expressed in this article will, where appropriate, establish exemptions in the interests of such refugees.

Article 9. Temporary events

Nothing in this Convention shall deprive Contracting States of the right, in time of war or in the presence of other extraordinary and exceptional circumstances, to take temporary measures that it deems necessary in the interests of national security in relation to a particular person, even before that Contracting State has ascertained that he is indeed a refugee and that further application in respect of His aforementioned measures are necessary in the interests of national security.

Article 10. Continuity of residence

1. If a refugee was deported during World War II and sent to the territory of one of the Contracting States and resides there, the time of such forced stay will be considered as the time of legal residence within that territory. 2. If a refugee was deported from the territory of a Contracting State during the Second World War and returned there before the entry into force of this Convention in order to settle there permanently, the period of residence before and after such deportation will be considered as one continuous period in all cases where continuity of residence is required.

Article 11. Refugee sailors

If the refugees are persons who normally serve in the crews of ships flying the flag of one of the Contracting States, that State will be sympathetic to the settlement of these persons on its territory and to issue them with travel documents or to grant them temporary entry rights to its territory, in particular in order to facilitate their settlement in any country.or another country.

Chapter 2 Legal status

Article 12. Personal status

1. The personal status of a refugee is determined by the laws of the country of his domicile or, if he does not have one, by the laws of the country of his residence. 2. The rights previously acquired by a refugee related to his personal status, and in particular the rights arising from marriage, will be respected by the Contracting States upon completion, if necessary, of the formalities prescribed by the laws of that State, provided that the relevant right is one of those rights that would be recognized by the laws of that State if this person did not become a refugee.

Article 13. Movable and immovable property

With regard to the acquisition of movable and immovable property and other rights related thereto, as well as with respect to leases and other agreements relating to movable and immovable property, the Contracting States will provide refugees with the most favorable possible situation and, in any case, no less favorable than that which foreigners normally enjoy under the same circumstances.

Article 14. Copyright and industrial rights

As for the protection of industrial rights, such as the rights to inventions, drawings and models, trademarks, company names, and the rights to literary, artistic and scientific works, refugees in the country where they have their habitual residence will be provided with the same protection as citizens of that country. In the territory of any other Contracting State, they will be provided with the same protection as is provided in that territory to citizens of the country in which they have their habitual residence.

Article 15. The right of associations

With regard to associations that are not of a political nature and do not pursue the purpose of obtaining benefits, and with regard to trade unions, the Contracting States will provide refugees lawfully residing in their territory with the most favored position corresponding to the position of citizens of a foreign State in the same circumstances.

Article 16. The right to appeal to the court

1. Every refugee has the right to apply freely to the courts in the territory of all Contracting States. 2. In the territory of the Contracting State in which he or she has his or her habitual residence, every refugee will be used in relation to the right to appeal to the court in the same way as citizens, in particular in matters of legal assistance and exemption from security for payment of court costs. 3. Every refugee in all countries other than his country of habitual residence will be provided with the same treatment as citizens of his country of habitual residence in respect of the matters referred to in paragraph 2.

Chapter 3 Income-generating activities

Article 17. Employment

1. The Contracting States will grant refugees lawfully residing in their territories, with respect to their right to employment, the most favorable legal status enjoyed by citizens of foreign States in the same circumstances. 2. In any event, restrictive measures concerning foreigners or the employment of foreigners applied for the purpose of protecting the domestic labour market will not apply to refugees to whom these measures did not apply on the date of entry into force of this Convention in respect of the Contracting State concerned or who satisfy one of the following conditions: (a) reside within the country of not less than three years; c) whose spouses have the citizenship of their country of residence. A refugee cannot invoke this decree if he has left the family home.; c) one or more of whose children have the nationality of their country of residence. 3. The Contracting States will favorably consider the possibility of equalizing the rights of all refugees with respect to employment with the rights of citizens and, in particular, those refugees who entered their territories in accordance with recruitment programs or immigration plans.

Article 18. Working in your own company

The Contracting States will provide refugees lawfully residing in their territories with the most favorable legal status possible and, in any case, a position no less favorable than that usually enjoyed by foreigners in the same circumstances with respect to the right to engage independently in agriculture, industry, handicrafts and trade, as well as the right to establish commercial and industrial enterprises. partnerships.

Article 19. Liberal professions

1. Each Contracting State will provide refugees lawfully residing in its territory and holding a diploma recognized by the competent authorities of that State who wish to pursue liberal professions with the most favorable legal status and, in any case, a position no less favorable than that normally enjoyed by foreigners in the same circumstances. 2. The Contracting States will take all measures permitted by their laws and their constitutions to ensure that such refugees are accommodated in non-metropolitan territories for whose international relations they are responsible.

Chapter 4 Social care

 Article 20. The ration system

Where there is a mandatory ration system for the entire population that regulates the general distribution of scarce food, such a system applies to refugees on an equal basis with citizens.

Article 21. Housing issue

Since the housing issue is regulated by laws or regulations or is under the control of a public authority, the Contracting States will provide refugees lawfully residing in their territories with the most favorable legal status possible and, in any case, a position no less favorable than that normally enjoyed by foreigners in the same circumstances.

Article 22. Public education

1. With regard to primary education, the Contracting States will provide refugees with the same legal status as citizens. 2. With regard to other types of public education besides primary education, and in particular with regard to the opportunity to study, the recognition of foreign certificates, diplomas and degrees, exemption from tuition fees and fees, as well as with regard to the provision of scholarships, the Contracting States will provide refugees with the most favorable legal status and, in any case, the position of no less favorable than what foreigners usually enjoy under the same circumstances.

Article 23. Government assistance

The Contracting States will provide refugees lawfully residing in their territories with the same provision of Government assistance and support as their citizens enjoy.

Article 24. Labor legislation  and social security

1. The Contracting States will grant refugees lawfully residing in their territories the same treatment as citizens in respect of the following: a) remuneration for work, including family allowances, if such allowances are part of remuneration for work, working hours, overtime, paid holidays, restrictions on work at home, minimum age persons who are employed, apprenticeships and vocational training, the work of women and adolescents, and the enjoyment of the benefits of collective agreements, since these issues are regulated by laws or regulations or controlled by an administrative authority; c) social security (legal provisions concerning accidents at work, occupational diseases, maternity, illness, disability, old age, death, unemployment, family responsibilities and other cases provided for by the social security system according to domestic laws or regulations) with the following restrictions: * there may be an appropriate procedure for the preservation of acquired rights and rights in the process of acquisition; ** The laws or regulations of the country of residence may prescribe a special procedure for receiving full or partial benefits, paid entirely from public funds, and benefits paid to persons who have not fulfilled all the conditions for contributions required to receive a normal pension. 2. The rights to compensation for the death of a refugee resulting from an accident at work or an occupational disease will not be affected by the fact that the beneficiary does not reside in the territory of a Contracting State. 3. The Contracting States will provide refugees with benefits arising from agreements concluded between themselves or which may be concluded in the future on the preservation of acquired rights and rights in the process of acquisition in respect of social security, subject only to the conditions applicable to citizens of the signatory States. 4. The Contracting States will respond favourably to the issue of granting, as far as possible, to refugees the benefits arising from such agreements, which may be in force at any given moment between these Contracting States and States not participating in the treaty.

Chapter 5 Administrative measures

Article 25. Administrative assistance

1. When the exercise of any right by refugees usually requires the assistance of the authorities of a foreign State to which these refugees cannot apply, the Contracting States in whose territory the said refugees reside will take measures to ensure that such assistance is provided to them by the authorities of that State or by any international authority. 2. The authority or authorities referred to in paragraph 1 will supply the refugees or ensure, under their supervision, that the refugees are supplied with documents or certificates normally issued to foreigners by or through the authorities of the States of which they are nationals. 3. Documents or certificates issued in this manner will replace official documents issued to foreigners by the authorities or through the authorities of the States of which they are citizens, and will be recognized as valid until it is proved that they are invalid. 4. With the exception of cases of special benefits provided to poor persons, fees may also be charged for the services referred to in this article; however, such fees will be moderate and will correspond to those charged to citizens for similar services. 5. The provisions of this article shall not affect the provisions of articles 27 and 28.

Article 26. Freedom of movement

Each Contracting State will grant refugees lawfully residing on its territory the right to choose their place of residence and free movement within its territory, subject to compliance with all the rules normally applicable to foreigners in the same circumstances.

Article 27. Identification card

The Contracting States will issue an identity card to refugees who are in their territory and do not have valid travel documents.

Article 28. Travel documents

1. The Contracting States will issue travel documents to refugees lawfully residing in their territories for movement outside their territory, insofar as this is not prevented by valid reasons of national security and public order; the provisions of the rules annexed to this Convention will apply to such documents. The Contracting States may issue such travel documents to any other refugee in their territory.; In particular, they will be sympathetic to the issue of issuing such travel documents to refugees in their territory who are unable to obtain a travel document in their country of legal residence. 2. Travel documents issued to refugees on the basis of previous international agreements by the parties to such agreements will be recognized and treated by the Contracting States in the same way as if they had been issued on the basis of this article.

Article 29. Taxes

1. The Contracting States will not impose any duties, charges or taxes on refugees other than or higher than those which, under similar conditions, are levied or may be levied on their own citizens. 2. The provisions of the preceding paragraph in no way exclude the application to refugees of laws and regulations concerning fees for issuing administrative documents, including identity cards, to foreigners.

Article 30. Removal of property

1. The Contracting States, in accordance with their laws and regulations, will allow refugees to export the property they brought with them to their territory to another country to which they have been granted the right to enter for settlement. 2. The Contracting States will respond favourably to applications from refugees for permission to export property necessary for their settlement in other countries to which they have been granted the right of entry, wherever such property may be located.

 Article 31. Refugees who are illegally staying in the country providing them with shelter

1. The Contracting States will not impose penalties for the illegal entry or illegal stay on their territory of refugees who, having arrived directly from a territory in which their life and freedom were in danger provided for in Article 1, enter or remain in the territory of these States without permission, provided that such refugees themselves report to the authorities without delay. and they will provide satisfactory explanations for their illegal entry or stay. 2. The Contracting States will not restrict the freedom of movement of such refugees by restrictions that are not necessary; such restrictions will apply only until the status of these refugees in that country is settled or until they receive the right to enter another country. The Contracting States will provide such refugees with sufficient time and all necessary conditions for them to obtain the right to enter another country.

 Article 32. Expulsion

1. The Contracting States shall not expel refugees lawfully residing in their territories except for reasons of national security or public order. 2. The expulsion of such refugees will be carried out only in pursuance of judicial decisions. Except in cases where this is prevented by legitimate considerations of national security, refugees will be given the right to present evidence in their defense and appeal to the appropriate authorities or before a person or persons specially designated by the appropriate authorities, as well as the right to have their representatives for these purposes. 3. The Contracting States will provide such refugees with a sufficient period of time to obtain the legal right to enter another country. The Contracting States reserve the right to apply such internal measures as they deem necessary during this period.

 Article 33. Prohibition of the expulsion of refugees or their forced return (to the countries from which they came)

1. The Contracting States will in no way expel or return refugees to the border of a country where their life or freedom is in danger because of their race, religion, nationality, membership of a particular social group or political beliefs. 2. However, this ruling cannot be applied to refugees who, for good reasons, are considered a threat to the security of the country in which they are located, or who have been convicted of a particularly serious crime by an effective sentence and pose a public threat to the country.

 Article 34. Naturalization

The Contracting States will, whenever possible, facilitate the assimilation and naturalization of refugees. In particular, they will do everything in their power to speed up the naturalization process and possibly reduce the fees and expenses associated with it.

Chapter 6 Provisions concerning the application of Convention and transition period

 Article 35. Cooperation between national authorities and the United Nations

1. The Contracting States undertake to cooperate with the Office of the United Nations High Commissioner for Refugees or any other United Nations body to which its functions may devolve and, in particular, will assist it in carrying out its duties to monitor the application of the provisions of this Convention. 2. In order to enable the Office of the High Commissioner or any other United Nations body that takes its place to submit reports to the appropriate organs of the United Nations, the Contracting States undertake to provide them, in an appropriate form, with the information and statistics they require regarding: (a) the situation of refugees, (b) the implementation of this Convention, and (c) laws, orders and decrees that are in force or may subsequently come into force on the issue of refugees.

 Article 36. Information on national and legislative acts

The Contracting States shall communicate to the Secretary-General of the United Nations the text of the laws and regulations they have issued for the purpose of giving effect to this Convention.

 Article 37. Previously concluded conventions

While maintaining paragraph 2 of article 28 of this Convention, this Convention, for the parties to it, replaces the acts of July 5, 1922, May 31, 1924, May 12, 1926, June 30, 1928, and July 30, 1935, the Conventions of October 28, 1933, and February 10, 1938, and the Agreement of October 15, 1946..

Chapter 7 Final provisions

 Article 38. Dispute resolution

All disputes arising between the parties to this Convention regarding its interpretation or application, which cannot be resolved in any other way, will be referred to the International Court of Justice at the request of any of the disputing parties.

 Article 39. Signature, ratification and accession

1. This Convention will be opened for signature in Geneva on July 28, 1951 and thereafter will be deposited with the Secretary-General of the United Nations. It will be open for signature at the United Nations European Office from 28 July to 31 August 1951 and will be reopened for signature at United Nations Headquarters from 17 September 1951 to 31 December 1952. 2. This Convention shall be open for signature on behalf of all Member States of the United Nations, as well as on behalf of any other State invited to participate in the Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons, or any State invited by the General Assembly to sign it. This Convention is subject to ratification, and the instruments of ratification will be deposited with the Secretary-General of the United Nations. 3. This Convention shall be open from 28 July 1951 for accession by the States referred to in paragraph 2 of this article. Accession will be effected by depositing an instrument of accession with the Secretary-General of the United Nations.

Article 40. Resolution on the territorial application of the Convention

1. Any State may, at the time of signing, ratifying or acceding to the Convention, declare that this Convention applies to all or some of the Territories for whose international relations that State is responsible. Such a declaration will enter into force on the date of entry into force of the Convention for that State. 2. At any subsequent time, such extension of the Convention must be announced by notification addressed to the Secretary-General of the United Nations and will enter into force on the ninetieth day after the date of receipt by the Secretary-General of the United Nations of this notification or on the date of entry into force of the Convention for that State, if that latter date is later. 3. In respect of those Territories to which this Convention did not apply at the time of signature, ratification or accession, each State concerned will consider the possibility of taking the necessary measures to extend the application of this Convention to such Territories, with the consent of the Governments of such Territories, where necessary for constitutional reasons.

 Article 41. Regulations on federal States

The following provisions will apply to federal or non-unitary States: (a) With respect to those articles of this Convention that fall under the legislative jurisdiction of the federal legislature, the obligations of the federal Government will, to the extent indicated, correspond to the obligations of the parties to this Convention that are not federal States.; (c) With respect to the articles of this Convention which fall under the legislative jurisdiction of the constituent states, provinces or cantons which are not bound by the constitutional order of the federation to take legislative measures, the Federal Government shall, as soon as possible, inform the appropriate authorities of the states, provinces or cantons of these articles, accompanying this communication with its favorable review.; (c) The federal States that are Parties to this Convention, at the request of any other Contracting State, transmitted through the Secretary-General of the United Nations, will provide a certificate of the laws and practices existing in the federation and its constituent parts with respect to any specific provision of the Convention, indicating the extent to which this provision has been enforced by legislation or in a different way.

 Article 42. Reservations

1. At the time of signature, ratification or accession, any State may make reservations to the articles of the Convention, with the exception of articles 1, 3 and 4, paragraph 1 of article 16, articles 33 and 36-46 inclusive. 2. Any State that has made a reservation in accordance with paragraph 1 of this article may at any time withdraw that reservation by notifying the Secretary-General of the United Nations.

 Article 43. Entry into force

1. This Convention shall enter into force on the ninetieth day after the date of deposit of the sixth instrument of ratification or accession. 2. For all States that have ratified or acceded to the Convention after the deposit of the sixth instrument of ratification or accession, the Convention will enter into force on the ninetieth day after the date of deposit by the State concerned of its instrument of ratification or accession.

 Article 44. Denunciation

1. Any Contracting State may denounce this Convention at any time by notification addressed to the Secretary-General of the United Nations. 2. Such denunciation shall take effect for the Contracting State concerned one year after the date of receipt of the notification by the Secretary-General of the United Nations. 3. Any State that has made a declaration or sent a notification pursuant to article 40 may at any time thereafter, by notification addressed to the Secretary-General of the United Nations, declare that the Convention will not apply to the Territory concerned one year after the Secretary-General receives the notification.

 Article 45. Revision

1. Any Contracting State may, by notification addressed to the Secretary-General of the United Nations, at any time request a revision of this Convention. 2. The General Assembly of the United Nations will recommend appropriate measures if any action is required in connection with such a requirement.

 Article 46. Notifications sent by the Secretary-General of the United Nations

The Secretary-General of the United Nations will inform all Members of the United Nations and non-Member States referred to in Article 39 of: (a) declarations and notifications received pursuant to section B of Article 1; (c) signatures, ratifications and accessions provided for in Article 39; (c) declarations and notifications provided for in article 40; on reservations and waivers of reservations provided for in article 42; on the date of entry into force of this Constitution in accordance with article 43; denunciations and notifications provided for in article 44; requests for review received on the basis of article 45. In witness whereof, the undersigned, being duly authorized, have signed this Convention on behalf of their respective Governments. Done at Geneva on the twenty-eighth day of July, one thousand nine hundred and fifty-one, in a single copy, of which the English and French texts are equally authentic.; This copy shall be deposited in the archives of the United Nations and certified copies thereof shall be transmitted to all Members of the United Nations and to non-member States referred to in article 39.

Appendix 2

Protocol on the Status of Refugees of January 31, 1967

States - The Parties to this Protocol, Bearing in mind that the Convention relating to the Status of Refugees, signed in Geneva on July 28, 1951 (hereinafter referred to as the "Convention"), applies only to those persons who became refugees as a result of events that occurred before January 1, 1951, bearing in mind that since the adoption of the Convention, new refugee situations, and that therefore related refugees may not be covered by the Convention, taking into account the desirability that all refugees covered by the definition, as contained in the Convention, enjoyed equal status regardless of the specified date of January 1, 1951, agreed as follows:

 Article 1. General provisions

1. The States Parties to this Protocol undertake to apply articles 2 to 34 of the Convention, inclusive, to refugees who fall within the definition set out below. 2. For the purposes of this Protocol, the term "refugee", with the exception of cases concerning the application of the following paragraph, means any person falling within the definition of article 1 of the Convention, with the omission of the words "As a result of events occurring before January 1, 1951 ..." and the words "... as a result of similar events" in article 1 A (2). 3. This Protocol shall be applied by the States parties to it without any geographical restrictions, except in cases where existing declarations made by States already parties to the Convention in accordance with article 1 In (1) (a) of the Convention also apply, unless the Protocol is extended in accordance with article 1 in (2), in accordance with this Protocol.

 Article 2. Cooperation of national authorities with the United Nations

1. The States Parties to this Protocol undertake to cooperate with the Office of the United Nations High Commissioner for Refugees or any other United Nations agency to which its functions may devolve and, in particular, to facilitate the performance of its responsibilities in monitoring the application of the provisions of this Protocol. 2. In order to enable the Office of the High Commissioner or any other United Nations agency to which its functions may devolve to submit reports to the competent organs of the United Nations, the States Parties to this Protocol undertake to provide them, in an appropriate form, with the requested information and statistical data concerning: (a) the situation of refugees; (c) the implementation of this Protocol; (c) Laws, regulations and decrees relating to refugees that are in force or may subsequently enter into force.

 Article 3. Information on national legislation

The States Parties to this Protocol shall communicate to the Secretary-General of the United Nations the texts of laws and regulations that they may adopt in order to ensure the application of this Protocol.

 Article 4. Dispute resolution

All disputes between the States Parties to this Protocol concerning its interpretation or application that cannot be resolved by other means shall be referred to the International Court of Justice at the request of any of the parties to the dispute.

Article 5. Joining the protocol

This Protocol is open for accession on behalf of all States Parties to the Convention and any other Member State of the United Nations or a member of any specialized agency or State to which an invitation has been extended by the General Assembly of the United Nations to accede to the Protocol. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

 Article 6. The article on Federal States

The following provisions shall apply to a federal or non-unitary State: (a) With respect to the articles of the Convention applicable in accordance with paragraph 1 of article 1 of this Protocol and subject to the legislative jurisdiction of the federal legislative authorities, the obligations of the federal Government within the specified limits correspond to the obligations of the parties that are not federal States; (c) With respect to articles of the Convention applicable in accordance with paragraph 1 of Article 1 of this Protocol and subject to the legislative jurisdiction of the member states, provinces or cantons of the federation, which are not obliged, according to the constitutional system of the federation, to take legislative measures, the federal Governments shall, as soon as possible, bring these articles, along with a positive recommendation, to the attention of the relevant authorities states, provinces, or cantons; (c) A federal State Party to this Protocol, at the request of any other State Party transmitted to it through the Secretary-General of the United Nations, shall submit a certificate of the laws and practices existing in the federation and its constituent parts with respect to any specific provision of the Convention to be applied in accordance with paragraph 1 of article 1 of this Protocol, indicating that to what extent this provision has been implemented by law or otherwise.

 Article 7. Reservations and declarations

1. Upon accession, any State may make reservations to article 4 of this Protocol and to the application of any provisions of the Convention in accordance with article 1 of this Protocol, with the exception of those contained in the articles 1, 3, 4, 16 (1) and 33, provided that the reservations of a State Party to the Convention made under this Convention The provisions of this Article do not apply to refugees to whom the Convention applies. 2. Reservations made by States parties to the Convention in accordance with article 42, if not withdrawn, shall apply to their obligations under this Protocol. 3. Any State making a reservation in accordance with paragraph 1 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations. 4. A declaration made in accordance with paragraphs 1 and 2 of article 40 of the Convention by a State Party thereto that accedes to this Protocol shall be deemed to apply to this Protocol unless, upon accession, the State Party notifies the Secretary-General of the United Nations to the contrary. The provisions of paragraphs 2 and 3 of article 40 and paragraph 3 of article 44 of the Convention shall be deemed applicable to this Protocol.

 Article 8. Entry into force

1. This Protocol shall enter into force on the day of the deposit of the sixth instrument of accession. 2. For all States acceding to the Protocol after the deposit of the sixth instrument of accession, the Protocol shall enter into force on the date on which such States deposit their instrument of accession.

 Article 9. Denunciation

1. Any State Party to the Protocol may denounce this Protocol at any time by notification addressed to the Secretary-General of the United Nations. 2. Such denunciation shall take effect for the State Party concerned one year after the date of receipt of such notification by the Secretary-General of the United Nations.

 Article 10. Notifications sent by the Secretary-General of the United Nations

The Secretary-General shall inform all States referred to in article 5 above of the date of entry into force, accessions, reservations and withdrawals of reservations to this Protocol and its denunciations, as well as declarations and notifications relating thereto.

 Article 11. Deposited in the archives of the Secretariat The United Nations

A copy of this Protocol, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, signed by the President of the General Assembly and the Secretary-General of the United Nations, shall be deposited in the archives of the Secretariat of the United Nations. The Secretary-General shall transmit certified copies of this Protocol to all Member States of the United Nations and to the other States referred to in Article 5 above.

President

Republic of Kazakhstan

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