Collection of International Instruments and Legal Texts Concerning Refugees and Others of Concern to UNHCR

Transcription

1 Collection of International Instruments and Legal Texts Concerning Refugees and Others of Concern to UNHCR 2 INTERNATIONAL INSTRUMENTS International Humanitarian Law International Criminal Law International Maritime and Aviation Law Miscellaneous

2 Published by the United Nations High Commissioner for Refugees (UNHCR) Geneva, Switzerland Printed by the International Training Centre of the ILO (ITCILO) Turin, Italy June 2007 Vol. 1 ISBN13: ISBN10: Vol. 2 ISBN13: ISBN10: Vol. 3 ISBN13: ISBN10: Vol. 4 ISBN13: ISBN10:

3 Collection of International Instruments and Legal Texts Concerning Refugees and Others of Concern to UNHCR Volume 2 International Instruments International Humanitarian Law International Criminal Law International Maritime and Aviation Law Miscellaneous June 2007

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5 Foreword The first edition of the Collection of International Instruments Concerning Refugees was published in Thereafter, the compilation was updated regularly as new developments took place in the international law relating to refugees and other persons of concern to UNHCR. The 2007 edition takes account of the increasingly apparent inter-relationship and complimentarity between, on one hand, international refugee law and, on the other, human rights, humanitarian, criminal and other bodies of law. The Collection features over 260 instruments and legal texts drawn from across this broad spectrum. Compared to the earlier edition of the Collection, this edition includes many international instruments and legal texts relating to issues such as statelessness, the internally displaced and the asylum-migration debate (such as trafficking, smuggling, maritime and aviation law and migrants) as well as matters such as torture, discrimination, detention and the protection of women and children. The range of relevant regional instruments and legal texts have also been enhanced, not least to ensure that they are used more effectively while advocating for refugees and others of concern to UNHCR. Today, users can access veritable reference resources by electronic means. The Collection itself is accessible on-line. For users not able to access electronic facilities, it provides, in hard copy, the most important instruments in a manner easy to use in daily work. Indeed, even for those otherwise able to take advantage of electronic facilities, the availability of these instruments systematically in a single source offers unique facility and benefits. In this spirit, the Collection is strongly commended for the most frequent, wide, and extensive use. Government officials, academics, lawyers, humanitarian workers, nongovernmental organizations and members of civil society at large will find their respective activities on behalf of refugees and other victims of forced displacement greatly enhanced by the Collection. In particular, it should facilitate the most complete view possible of the international rights and obligations undergirding the protection and welfare of those groups and finding solutions for their problems. George Okoth-Obbo Director Division of International Protection Services Office of the United Nations High Commissioner for Refugees Geneva, 1 June 2007

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7 Preface This Collection of International Instruments and Legal Texts spans four volumes and contains over 260 documents that have been compiled after extensive consultations to support those working on issues relating to forced displacement, statelessness and related matters. Every attempt has been made to ensure that the structure and format of this publication allows the user to easily access the international instruments and legal texts. In particular: A table of contents has been provided at the beginning of each volume. Page numbering continues in sequence through the four volumes. International instruments are placed at the beginning of this Collection followed by regional instruments. The instruments and legal texts have been compiled under specific thematic headings such as Nationality and Statelessness, Human Rights, etc. Thematic issues relating to asylum, refugees, nationality and statelessness and the internally displaced have been placed ahead of human rights, migration and miscellaneous issues. Within each thematic heading, instruments that are binding on States (such as Conventions) are placed ahead of legal texts (such as declarations) that are often less binding in nature. Protocols always follow the parent instrument in order (for instance, the Palermo Protocols on Smuggling and Trafficking follow the parent Convention on Transnational Crime in the International Criminal Law section). Chronology has been maintained within this structure only (i.e.: all declarations under a sub-heading are chronological). Instruments that have not entered into force have still been included ahead of legal texts. In Volume 1 and 2 only, where an instrument or declaration under one thematic area may be relevant to another thematic area, a cross reference has been provided in the Table of Contents (for instance, the Palermo Protocols on Smuggling and Trafficking are situated in the International Criminal Law section but are also relevant to the sections relating to torture, slavery, slaverylike practices and forced labour, women and children). Short names of Conventions are mentioned where possible for ease of reference (for instance, the Palermo Protocols, SOLAS, SAR, etc). International Labour Conventions have been marked accordingly. The language used in the original version or translation of an instruments or legal text has been replicated without any alteration. As such, readers will notice that both American and British English are used in this Collection.

8 The date of adoption and date of entry into force feature under the title of international and regional instruments. The date of entry into force is absent in cases where the instrument had not come into force at the time of this publication. For reasons of space, State ratification or reservations to international and regional instruments have not been included. As well, this information would need to be updated regularly by the reader. For reasons of space, only relevant excerpts of certain instruments have been published (this is the case of the Geneva Convention). An index has been provided at the end of every volume. A short list of electronic resources has also been provided at the end of each volume for those who wish to access other international and regional instruments and legal texts as well as national legislation. Please write to UNHCR s Division of International Protection Services (DIPS) in Geneva for any questions, comments or clarifications you may have in relation to this Collection at HQPR10@unhcr.org. Division of International Protection Services Office of the United Nations High Commissioner for Refugees Geneva, 1 June 2007

9 TABLE OF CONTENTS VOLUME 1 INTERNATIONAL INSTRUMENTS Section 1.1 UNHCR, REFUGEES AND ASYLUM 1. Refugees and Stateless Persons, UN GA Resolution 319 A (IV) of 3 December Statute of the Office of the United Nations High Commissioner for Refugees of 14 December Convention relating to the Status of Refugees of 28 July Protocol relating to the Status of Refugees of 31 January Definitions of refugee according to agreements, conventions and protocols mentioned in article 1 A (1) of the Convention relating to the Status of Refugees of 28 July Agreement relating to Refugee Seamen of 23 November Protocol relating to Refugee Seamen of 12 June Convention concerning International Co-operation regarding Administrative Assistance to Refugees of 3 September United Nations Declaration on Territorial Asylum of 14 December Declaration of States Parties to the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees of 13 December Constitution of the International Refugee Organization of 15 December Section 1.2 STATELESSNESS Convention relating to the Status of Stateless Persons of 28 September Convention on the Reduction of Statelessness of 30 August Convention to Reduce the Number of Cases of Statelessness of 13 September Special Protocol concerning Statelessness of 12 April Protocol No. 1 annexed to the Universal Copyright Convention as revised at Paris on 24 July 1971, concerning the Application of that Convention to Works of Stateless Persons and Refugees 17. Office of the United Nations High Commissioner for Refugees, UN GA Resolution 50/152 of 21 December Draft articles on the Nationality of Natural Persons in relation to the Succession of States of 3 April 1999 Section 1.3 INTERNALLY DISPLACED PERSONS 19. Guiding Principles on Internal Displacement of 11 February Also see related instruments on marriage in Volume 1, Section 1.5, Part 11 i

10 Table of Contents Section 1.4 MIGRANTS 20. International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families of 18 December Migration for Employment Convention (Revised), 1949 (No. 97) (ILO) Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) (ILO) Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live of 13 December 1985 Section 1.5 INTERNATIONAL HUMAN RIGHTS Part 1. International Bill of Human Rights Universal Declaration of Human Rights of 10 December International Covenant on Economic, Social and Cultural Rights of 16 December International Covenant on Civil and Political Rights of 16 December Optional Protocol to the International Covenant on Civil and Political Rights of 16 December Second Optional Protocol to the International Covenant on Civil and Political Rights (Aiming at the Abolition of the Death Penalty) of 15 December 1989 Part 2. Torture Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 18 December Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 9 December Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 4 December 2000 Part 3. Enforced Disappearance 33. International Convention for the Protection of All Persons from Enforced Disappearance of 20 December Declaration on the Protection of All Persons from Enforced Disappearance of 18 December Part 4. Detention and Imprisonment 35. Code of Conduct for Law Enforcement Officials of 17 December United Nations Standard Minimum Rules for the Administration of Juvenile Justice of 29 November 1985 (The Beijing Rules) 37. Basic Principles on the Independence of the Judiciary of 13 December Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment of 9 December Also see general comments of the Human Rights Committee in Volume 1, Section 1 5, Part Also see related General Comment No. 1 of the Committee Against Torture in Volume 1, Section 1.5, Part 13 and international criminal law in Volume 2, Section 1.7. ii

11 Volume 1. International Instruments 39. Basic Principles on the Role of Lawyers of 7 September Guidelines on the Role of Prosecutors of 7 September United Nations Guidelines for the Prevention of Juvenile Delinquency of December 1990 (The Riyadh Guidelines) 42. United Nations Rules for the Protection of Juveniles Deprived of their Liberty of 14 December United Nations Standard Minimum Rules for Non-custodial Measures of December 1990 (The Tokyo Rules) 44. Basic Principles for the Treatment of Prisoners of 14 December Guidelines for Action on Children in the Criminal Justice System of 21 July Part 5. Discrimination International Convention on the Elimination of All Forms of Racial Discrimination of December UNESCO Convention against Discrimination in Education of 14 December Equal Remuneration Convention, 1951 (No. 100) (ILO) Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (ILO) United Nations Declaration on the Elimination of All Forms of Racial Discrimination of November Declaration on Race and Racial Prejudice of 27 November Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief of 25 November 1981 Part 6. Slavery, Slavery-like Practices and Forced Labour Slavery, Servitude, Forced Labour and Similar Institutions and Practices Convention of 25 September 1926 (Slavery Convention) 54. Protocol amending the Slavery Convention signed at Geneva on September 1926, of 23 October Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery of 7 September Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others of 2 December Forced Labour Convention, 1930 (No. 29) (ILO) Abolition of Forced Labour Convention, 1957 (No. 105) (ILO) Recommended Principles and Guidelines on Human Rights and Human Trafficking of 20 May 2002 Part 7. Freedom of Association 60. Freedom of Association and Protection of the Right to Organise Convention, (No. 87) (ILO) 61. Right to Organise and Collective Bargaining Convention, 1949 (No. 98) (ILO) Also see general comments of the Committee on the Elimination of Racial Discrimination in Volume 1, Section 1.5, Part 13 and related documents on discrimination against women in Volume 1, Section 1.5, Part 8. 5 Also see related documents on women in Volume 1, Section 1.5, Part 8 on children in Volume 1, Section 1.5 Part 9 on discrimination in Volume 1, Section 1 5, Part 5 and on international criminal law in Volume 2, Section 1.7, iii

12 Table of Contents Part 8. Women Convention on the Elimination of All Forms of Discrimination against Women of December Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women of 6 October Convention on the Political Rights of Women of 31 March Declaration on the Protection of Women and Children in Emergency and Armed Conflict of 14 December Declaration on the Elimination of Violence against Women of 20 December UN Security Council Resolution 1325 on women and peace-building of 31 October Part 9. Children Convention on the Rights of the Child of 20 November Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict of 25 May Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography of 25 May Convention on the Civil Aspects of the Child Abduction of 25 October Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption of 29 May Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children of 19 October Minimum Age Convention, 1973 (No. 138) (ILO) Worst Forms of Child Labour Convention, 1999 (No. 182) (ILO) Declaration of the Rights of the Child of 20 November Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally of 3 December UN Security Council Resolution 1612 on children and armed conflict of 26 July Part 10. Persons with Disabilities 79. Convention on the Rights of Persons with Disabilities of 13 December Optional Protocol to the Convention on the Rights of Persons with Disabilities of 13 December Declaration on the Rights of Mentally Retarded Persons of 20 December Declaration on the Rights of Disabled Persons of 9 December Principles for the Protection of Persons with Mental Illnesses and the Improvement of Mental Health Care of 17 December Standard Rules on the Equalization of Opportunities for Persons with Disabilities of 20 December Also see related documents on discrimination in Volume 1, Section 1.5, Part 5, on slavery, slavery-like practices and forced labour in Volume 1, Section 1 5, Part 6, on marriage in Volume 1, Section 1.5, Part 11 and on international criminal law in Volume 2, Section Also see general comments of the Committee on the Rights of the Child in Volume 1, Section 1.5and related documents on slavery, slavery-like practices and forced labour in Volume 1, Section 1.5, Part 6, on marriage in Volume 1, Section 1.5, Part 11 and on international criminal law in Volume 2, Section 1.7. iv

13 Part 11. Marriage 8 Volume 1. International Instruments 85. Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages of 7 November Convention introducing an International Family Record Book of 12 September Convention concerning the Issue of Certificates of Non-Impediment to Marriage of September Convention on the Nationality of Married Women of 29 January Recommendation on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages of 1 November 1965 Part 12. Miscellaneous 90. Universal Declaration on the Eradication of Hunger and Malnutrition of 16 November Declaration on the Right to Development of 4 December United Nations Principles for Older Persons of 16 December Declaration of Commitment on HIV/AIDS of 27 June UN Principles on Housing and Property Restitution (The Pinheiro Principles) of 28 June 2005 Part 13. General Comments and Recommendations 9 Human Rights Committee 95. General Comment No. 15, The position of aliens under the Covenant, Human Rights Committee (1986) 96. General Comment No. 20, Article 7 (Replaces General Comment No. 7 concerning prohibition of torture and cruel treatment or punishment), Human Rights Committee (1992) 97. General Comment No. 27, Freedom of Movement (Article 12), Human Rights Committee (1999) 98. General Comment No. 31, The Nature of the General Legal Obligation Imposed on States Parties to the Covenant, Human Rights Committee (2004) Committee against Torture 99. General Comment No. 1, Implementation of article 3 of the Convention in the context of article 22 (Refoulement and communications), Committee against Torture (1997) Committee on the Elimination of Racial Discrimination 100. General Recommendation No. 22, Refugees and displaced persons, Committee on the Elimination of Racial Discrimination (1996) 101. General Recommendation No. 30, Discrimination against non-citizens, Committee on the Elimination of Racial Discrimination (2004) Committee on the Rights of the Child 102. General Comment No. 6, Treatment of unaccompanied and separated children outside their country of origin, Committee on the Rights of the Child (2005) 8 Also see related documents on nationality and statelessness in Volume 1, Section 1.2, on women in Volume 1, Section 1.5, Part 8 and on children in Volume 1, Section 1 5, Part 9. 9 Also see related documents on human rights, see Volume 1, Section 1.5. Specifically, documents related to torture in Part 2, discrimination in Part 5, discrimination against women in Part 8 and children in Part 9. v

14 VOLUME 2 INTERNATIONAL INSTRUMENTS Section 1.6 INTERNATIONAL HUMANITARIAN LAW AND THE LAW OF NEUTRALITY 103. Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 (Excerpts) 104. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of victims of International Armed Conflicts (Protocol I) of 8 June 1977 (Excerpts) 105. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) of 8 June Hague Convention (V) Respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land of 18 October 1907 Section 1.7 INTERNATIONAL CRIMINAL LAW Convention on the Prevention and Punishment of the Crime of Genocide of 9 December Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity of 26 November International Convention on the Suppression and Punishment of the Crime of Apartheid of 30 November Principles of International Co-operation in the Detection, Arrest, Extradition and Punishment of Persons Guilty of War Crimes and Crimes against Humanity of 3 December Rome Statute of the International Criminal Court of 17 July United Nations Convention against Transnational Organized Crime of November 2000 (Palermo Convention) 113. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime of 15 November 2000 (Palermo Protocol on Trafficking) 114. Protocol against the Smuggling of Migrants by Land, Sea and Air supplementing the United Nations Convention against Transnational Organized Crime of 15 November 2000 (Palermo Protocol on Smuggling) Section 1.8 INTERNATIONAL MARITIME AND AVIATION LAW 115. International Convention for the Safety of Life at Sea (SOLAS) of 1 November 1974 (Excerpts) International Convention on Maritime Search and Rescue (SAR), as amended, of 27 April United Nations Convention on the Law of the Sea (UNCLOS) of 10 December International Convention relating to Stowaways of 10 October Convention on Offences and Certain Acts Committed on Board Aircraft of 14 September Convention for the Suppression of Unlawful Seizure of Aircraft of 16 December Also see related documents on torture in Volume 1, Section 1.5, Part 2, on slavery, slavery-like practices and forced labour in Volume 1, Section 1.5, Part 6, on women in Volume 1, Section 1.5, Part 8, and on children in Volume 1, Section 1 5, Part 9 vi

15 Volume 2. International Instruments 121. Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 23 September Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation of 24 February Annex Nine to the Convention on International Civil Aviation, Ninth edition, July 1990 (Excerpts) Section 1.9 MISCELLANEOUS 124. Charter of the United Nations of 26 June Statute of the International Court of Justice of 26 June Convention concerning Equality of Treatment of Nationals and Non-Nationals in Social Security, 1962 (No. 118) (ILO) 127. Final Act of the International Conference on Human Rights of 1 May (Proclamation of Teheran) Resolution on Co-operation with UNHCR 128. Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations of 24 October Vienna Declaration and Programme of Action of 25 June United Nations Millennium Declaration of 8 September Draft articles on Diplomatic Protection of 9 August vii

16 VOLUME 3 REGIONAL INSTRUMENTS Section 2.1 AFRICA Part 1. Asylum, Refugees and the Internally Displaced 132. OAU Convention Governing the Specific Aspects of Refugee Problems in Africa of 10 September Addis Ababa Document on Refugees and Forced Population Displacements in Africa of 10 September Cotonou Declaration and Programme of Action of 3 June Part 2. Human Rights 135. African Charter on Human and Peoples Rights of 26 June 1981 (Banjul Charter) Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights of 10 June Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa of 11 July African Charter on the Rights and Welfare of the Child of 11 July African Youth Charter of 2 July Part 3. Extradition 140. Economic Community of West African States Convention on Extradition of 6 August South African Development Community Protocol on Extradition of 3 October Part 4. Miscellaneous 142. Constitutive Act of the African Union of 11 July Protocol on Amendments to the Constitutive Act of the African Union of 11 July Convention for the Elimination of Mercenarism in Africa of 3 July OAU Convention on the Prevention and Combating of Terrorism of 10 July Section 2.2 NORTH AFRICA AND THE MIDDLE EAST Part 1. Asylum and Refugees 146. Arab Convention on Regulating Status of Refugees in the Arab Countries (1994) The Riyadh Arab Agreement for Judicial Co-operation of 6 April 1983 (Excerpts) First Seminar of Arab Experts on Asylum and Refugee Law of January Second Seminar of Arab Experts on Asylum and Refugee Law of May Third Seminar of Arab Experts on Asylum and Refugee Law of 2-4 November Fourth Seminar of Arab Experts on Asylum and Refugee Law of November Assistance to Palestine Refugees, UN GA Resolution 302 (IV) of 8 December viii

17 Volume 3. Regional Instruments 153. Protocol on the Treatment of Palestinian Refugees of 11 September (Casablanca Protocol) Part 2. Human Rights 154. Arab Charter on Human Rights of 15 September Universal Islamic Declaration of Human Rights of 19 September Cairo Declaration on Human Rights in Islam of 31 July-9 August Covenant on the Rights of the Child in Islam of June Section 2.3 ASIA AND AFRICA 158. Final Text of the Revised AALCO 1966 Bangkok Principles on Status and Treatment of Refugees (as adopted on 24 June 2001 at the AALCO's 40 th session, New Delhi) 159. AALCO Resolution on Legal Identity and Statelessness of 8 April Section 2.4 AMERICAS Part 1. Asylum, Refugees and the Internally Displaced 160. Cartagena Declaration on Refugees of November Convention on Asylum of 20 February Convention on Political Asylum of 26 December Treaty on Political Asylum and Refuge of 4 August Convention on Territorial Asylum of 28 March Convention on Diplomatic Asylum of 28 March San José Declaration on Refugees and Displaced Persons of 7 December Rio de Janeiro Declaration on the Institution of Refuge of 10 November Mexico Declaration and Plan of Action to Strengthen the International Protection of Refugees in Latin America of 16 November Principles and Criteria for the Protection of and Assistance to Central American Refugees, Returnees and Displaced Persons in Latin America (1989) 170. Recommendation of the Inter-American Commission on Human Rights on asylum and international crimes of 20 October International Conference on Central American Refugees, UN GA Resolution /107 of 16 December International Conference on Central American Refugees, UN GA Resolution /103 of 16 December 1992 Part 2. Human Rights 2.1 General 173. American Declaration of the Rights and Duties of Man of 1 January American Convention on Human Rights of 22 November 1969 (Pact of San José) Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights of 17 November 1988 (Protocol of San Salvador) 176. Protocol to the American Convention on Human Rights to Abolish the Death Penalty of 8 June 1990 ix

18 Table of Contents 177. Inter-American Democratic Charter of 11 September 2001 (Declaration of Lima) Andean Charter for the Promotion and Protection of Human Rights of 26 July Women and Children 179. Inter-American Convention on Conflict of Laws Concerning the Adoption of Minors of 24 May Inter-American Convention on the International Return of Children of 15 July Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women of 9 June 1994 (Convention of Belém do Pará) 182. Inter-American Convention on International Traffic in Minors of 18 March Others 183. Inter-American Convention to Prevent and Punish Torture of 9 December Inter-American Convention on Forced Disappearance of Persons of 9 June Inter-American Convention on the Elimination of all Forms of Discrimination against Persons with Disabilities of 7 June 1999 Part 3. Miscellaneous 186. Treaty on International Penal Law of 23 January Treaty on International Penal Law (Revised) of 19 March Montevideo Multilateral Convention on Extradition of 26 December Inter-American Convention on Extradition of 25 February Inter-American Convention Against Terrorism of 3 June x

19 VOLUME 4 REGIONAL INSTRUMENTS Section 2.5 EUROPE COUNCIL OF EUROPE Part 1. Asylum and Refugees 1.1 General 191. European Agreement on the Abolition of Visas for Refugees of 20 April European Convention on Social Security of 14 December 1972 (Excerpts) European Agreement on Transfer of Responsibility for Refugees of 16 October Declaration on Territorial Asylum of 18 November Recommendation 293 on the Right of Asylum of 26 September Resolution 14 on Asylum to Persons in Danger of Persecution of 29 June Recommendations of the Committee of Ministers of the Council of Europe 197. Recommendation No. R (84) 1 on the Protection of Persons Satisfying the Criteria in the Geneva Convention who are not Formally Recognised as Refugees of 25 January Recommendation No. R (94) 5 on guidelines to inspire practices of the member states of the Council of Europe concerning the arrival of asylum-seekers at European airports of 21 June Recommendation No. R (97) 22 containing guidelines on the application of the safe third country concept of 25 November Recommendation No. R (98) 13 on the right of rejected asylum-seekers to an effective remedy against decisions on expulsion in the context of Article of the European Convention on Human Rights of 18 September Recommendation No. R (98) 15 on the training of officials who first come into contact with asylum-seekers, in particular at border points of 15 December Recommendation No. R (99) 12 on the return of rejected asylum-seekers of 18 May Recommendation No. R (99) 23 on family reunion for refugees and other persons in need of international protection of 15 December Recommendation No. R (2000) 9 on temporary protection of 3 May Recommendation Rec(2001)18 on subsidiary protection of 27 November Recommendation Rec(2003)5 on measures of detention of asylum-seekers of April Recommendation Rec(2004)9 on the concept of membership of a particular social group (MPSG) in the context of the 1951 Convention relating to the status of refugees of 30 June Recommendation Rec(2005)6 on exclusion from refugee status in the context of Article 1 F of the Convention relating to the Status of Refugees of 28 July 1951, adopted on 23 March 2005 Part 2. Statelessness and Nationality 209. European Convention on Nationality of 6 November xi

20 Table of Contents 210. Council of Europe Convention on the Avoidance of Statelessness in relation to State Succession of 19 May Recommendation No. R (99) 18 on the avoidance and reduction of statelessness of 15 September 1999 Part 3. Internally Displaced Persons 212. Recommendation Rec(2006)6 on internally displaced persons of 5 April Part 4. Migrants 213. European Convention on the Legal Status of Migrant Workers of 24 November Part 5. Human Rights 214. Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11, of 4 November Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11, of 20 March Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto of, as amended by Protocol No. 11, of 16 September Protocol No. 6 to the European Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of Death Penalty, as amended by Protocol No. 11, of 28 April Protocol No. 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11, of 22 November Protocol No. 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November Protocol No. 13 to the European Convention for the Protection of Human Rights and Fundamental Freedoms concerning the abolition of the death penalty in all circumstances of 3 May Protocol No. 14 to the European Convention for the Protection of Human Rights and Fundamental Freedoms amending the control system of the convention of 13 May European Social Charter of 18 October Additional Protocol to the European Social Charter Providing for a System of Collective Complaints of 9 November European Social Charter (Revised) of 3 May Framework Convention for the Protection of National Minorities of 1 February Part 6. Extradition 226. European Convention on Extradition of 13 December Additional Protocol to the European Convention on Extradition of 15 October Second Additional Protocol to the European Convention on Extradition of March 1978 Part 7. Miscellaneous 229. European Convention on Consular Functions of 11 December Protocol to the European Convention on Consular Functions concerning the Protection of Refugees of 11 December European Convention on the Repatriation of Minors of 28 May xii

21 Volume 4. Regional Instruments 232. European Convention on the Suppression of Terrorism of 27 January Protocol Amending the European Convention on the Suppression of Terrorism of 15 May European Convention for the Prevention of Torture and Inhumane or Degrading Treatment or Punishment of 26 November Council of Europe Convention on Action against Trafficking in Human Beings of 3 May Twenty Guidelines on Forced Return of 4 May EUROPEAN UNION Part 1. Asylum, Refugees and Statelessness 237. Council Regulation EC No 2725/2000 of 11 December 2000 concerning the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of the Dublin Convention on the State responsible for examining applications, for asylum lodged in one of the European Union Member States 238. Council Directive 2001/51/EC of 28 June 2001 supplementing the provisions of Article of the Convention implementing the Schengen Agreement of 14 June 1985, (Carrier Sanctions Directive) 239. Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof 240. Council Directive 2003/9/EC of 27 January 2003 on minimum standards for the reception of asylum-seekers 241. Council Regulation 343/2003/EC of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application (Dublin II Regulation) 242. Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation 343/2003/EC establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (Commission Regulation for Implementing Dublin II Council Regulation) 243. Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted 245. Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status Part 2. Miscellaneous 246. Charter of Fundamental Rights of the European Union of 7 December Council Directive 2001/40/EC of 28 May 2001 on mutual recognition of decisions on the expulsion of third country nationals 248. Council Framework Decision of 13 June 2002 on a European Arrest Warrant and Surrender Procedures between Member States 249. Council Framework Decision of 19 July 2002 on Combating Trafficking in Human Beings Council Framework Decision of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry and residence 251. Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents xiii

22 Table of Contents 252. Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities OSCE 253. Final Act of the Conference on Security and Co-operation in Europe of August 1975 (Helsinki Final Act) 254. Copenhagen 1990 Document of the Second Conference on the Human Dimension of the CSCE Helsinki Summit 1992 The Challenges of Change (Decisions, chapter VI, paras. 39 to 45) 256. Stockholm 1992 Third Meeting of the Ministerial Council (Decisions, The CSCE as a Community of Values, paras. 5 and 7) 257. Lisbon Summit 1996 Summit Declaration (paras. 9 and 10) Istanbul Summit 1999 Charter for European Security (para. 22) Maastricht 2003 Eleventh Meeting of the Ministerial Council OSCE Strategy to address Threats to Security and Stability in the 21 st century (para. 38) 260. Maastricht 2003 OSCE Action Plan to combat Trafficking in human beings (chapter IV, para. 5.2, and chapter V, paras. 9.1 and 10.3); OSCE Action Plan on improving the situation of Roma and Sinti (chapter VII, preamble, paras. 108, 109, 110, 114) 261. Addendum to the OSCE Action Plan to combat Trafficking in human beings Addressing the Special Needs of Child Victims of Trafficking for Protection and Assistance of 7 July 2005 (Decision No. 685) 262. Sofia 2004 Twelfth Meeting of the Ministerial Council Decision No.2/04 on the Elaboration of an OSCE Border Security and Management Concept; OSCE Action Plan for the Promotion of Gender Equality (chapter IV, para. 42) COMMONWEALTH OF INDEPENDENT STATES (CIS) 263. Convention of 22 January 1993 on Legal Aid and Legal Relations in Civil, Family and Criminal Cases 264. Protocol of 29 March 1997 to the Convention of 22 January 1993 on Legal Aid and Legal Relations in Civil, Family and Criminal Cases 265. CIS Agreement on Aid to Refugees and Forced Migrants of 24 September CIS Convention on Human Rights and Fundamental Freedoms of 26 May Index of Terms...a Electronic Resources... u xiv

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25 Section 1.6 International Humanitarian Law and the Law of Neutrality

26 103 GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR (EXCERPTS) Adopted on 12 August 1949 by the Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War Entry into force: 21 October 1950, in accordance with Article 153 Text: United Nations, Treaty Series, no. 973, vol. 75, p. 287 Articles: 3, 26, 44, 45, 49, 70, 146, 147, 148 and 149 Article 3 Conflicts not of an international character In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: 1. Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) Taking of hostages; (c) Outrages upon personal dignity, in particular humiliating and degrading treatment; (d) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples. 2. The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict. The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention. The application of the preceding provisions shall not affect the legal status of the Parties to the conflict. Article 26 Dispersed families Each Party to the conflict shall facilitate enquiries made by members of families dispersed owing to the war, with the object of renewing contact with one another and of meeting, if possible. It shall encourage, in particular, the work of organizations engaged on this task provided they are acceptable to it and conform to its security regulations. Article 44 Refugees In applying the measures of control mentioned in the present Convention, the Detaining Power shall not treat as enemy aliens exclusively on the basis of their nationality de jure of an enemy State, refugees who do not, in fact, enjoy the protection of any government. 614

27 Geneva Convention relative to the Protection of Civilian Persons in Time of War (Excerpts) Article 45 Transfer to another power Protected persons shall not be transferred to a Power which is not a party to the Convention. This provision shall in no way constitute an obstacle to the repatriation of protected persons, or to their return to their country of residence after the cessation of hostilities. Protected persons may be transferred by the Detaining Power only to a Power which is a party to the present Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the present Convention. If protected persons are transferred under such circumstances, responsibility for the application of the present Convention rests on the Power accepting them, while they are in its custody. Nevertheless, if that Power fails to carry out the provisions of the present Convention in any important respect, the Power by which the protected persons were transferred shall, upon being so notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the protected persons. Such request must be complied with. In no circumstances shall a protected person be transferred to a country where he or she may have reason to fear persecution for his or her political opinions or religious beliefs. The provisions of this Article do not constitute an obstacle to the extradition, in pursuance of extradition treaties concluded before the outbreak of hostilities, of protected persons accused of offences against ordinary criminal law. Article 49 Deportations, transfers, evacuations Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive. Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons so demand. Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement. Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased. The Occupying Power undertaking such transfers or evacuations shall ensure, to the greatest practicable extent, that proper accommodation is provided to receive the protected persons, that the removals are effected in satisfactory conditions of hygiene, health, safety and nutrition, and that members of the same family are not separated. The Protecting Power shall be informed of any transfers and evacuations as soon as they have taken place. The Occupying Power shall not detain protected persons in an area particularly exposed to the dangers of war unless the security of the population or imperative military reasons so demand. The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies. Article 70 Offences committed before occupation Protected persons shall not be arrested, prosecuted or convicted by the Occupying Power for acts committed or for opinions expressed before the occupation, or during a temporary interruption thereof, with the exception of breaches of the laws and customs of war. Nationals of the occupying Power who, before the outbreak of hostilities, have sought refuge in the territory of the occupied State, shall not be arrested, prosecuted, convicted or deported from the occupied territory, except for offences committed after the outbreak of hostilities, or for offences under common law committed before the outbreak of hostilities which, according to the law of the occupied State, would have justified extradition in time of peace. 615

28 Collection of International Instruments and Legal Texts Article 146 General observations (penal sanctions) The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article. Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case. Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article. In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, Article 147 Grave breaches (penal sanctions) Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly. Article 148 Responsibilities of the contracting parties (penal sanctions) No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article. Article 149 Enquiry procedure At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention. If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed. Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay. 616