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【名称】   


《有关难民地位的公约》

(Convention relating to the Status of Refugees)

【发布单位】联合国大会
【发布日期】一九五一年七月二十八日
  一九五0年十二月十四日第429(Ⅴ)号决议召开的联合国难民和无国籍人地位全权代表会议于一九五一年七月二十八日通过生效:按照第四十三条的规定,于一九五四年四月二十二日生效。

【章节索引】
第一章 一般规定 §1
第二章 法律上地位 §12
第三章 有利可图的职业活动 §17
第四章 福利 §20
第五章 行政措施 §25
第六章 执行和过渡规定 §35
第七章 最后条款 §38


【内容】

[序言]

  缔约各方,考虑到联合国宪章和联合国大会于一九四八年十二月十日通过的世界人权宣言确认人人享有基本权利和自由不受歧视的原则,考虑到联合国在各种场合表示过它对难民的深切关系,并且竭力保证难民可以最广泛地行使此项基本权利和自由,考虑到通过一项新的协定来修正和综合过去关于难民地位的国际协定并扩大此项文件的范围及其所给予的保护是符合愿望的,考虑到庇护权的给予可能使某些国家负荷过分的重担,并且考虑到联合国已经认识到这一问题的国际范围和性质,因此,如果没有国际合作,就不能对此问题达成满意的解决,表示希望凡认识到难民问题的社会和人道性质的一切国家,将尽一切努力不使这一问题成为国家之间紧张的原因,注意到联合国难民事务高级专员对于规定保护难民的国际公约负有监督的任务,并认识到未处理这一问题所采取措施的有效协调,将依赖于各国和高级专员的合作,兹议定如下:


【Preamble】

  The High Contracting Parties,
  Considering that the Charter of the United Nations and the Universal Declaration of Human Rights approved on 10 December 1948 by the General Assembly have affirmed the principle that human beings shall enjoy fundamental rights and freedoms without discrimination,
  Considering that the United Nations has, on various occasions, manifested its profound concern for refugees and endeavoured to assure refugees the widest possible exercise of these fundamental rights and freedoms,
  Considering that it is desirable to revise and consolidate previous international agreements relating to the status of refugees and to extend the scope of and the protection accorded by such instruments by means of a new agreement,
  Considering that the grant of asylum may place unduly heavy burdens on certain countries, and that a satisfactory solution of a problem of which the United Nations has recognized the international scope and nature cannot therefore be achieved without international co-operation,
  Expressing the wish that all States, recognizing the social and humanitarian nature of the problem of refugees, will do everything within their power to prevent this problem from becoming a cause of tension between States,
  Noting that the United Nations High Commissioner for Refugees is charged with the task of supervising international conventions providing for the protection of refugees, and recognizing that the effective co-ordination of measures taken to deal with this problem will depend upon the co-operation of States with the High Commissioner,
  Have agreed as follows :


第一章  一般规定

Chapter I  GENERAL PROVISIONS

第1条 “难民”一词的定义


  (一)本公约所用”难民”一词适用于下列任何人:
  (甲)根据一九二六年五月十二日和一九二八年六月三十日的协议、或根据一九三三年十月二十八日和一九三八年二月十日的公约以及一九三九年九月十四日的议定书、或国际难民组织约章被认为难民的人;国际难民组织在其执行职务期间所作关于不合格的决定,不妨碍对符合本款(乙)项条件的人给予难民的地位。
  (乙)由于一九五一年一月一日以前发生的事情并因有正当理由畏惧由于种族、宗教、国籍、属于某一社会团体或具有某种政治见解的原因留在其本国之外,并且由于此项畏惧而不能或不愿受该国保护的人;或者不具有国籍并由于上述事情留在他以前经常居住国家以外而现在不能或者由于上述畏惧不愿返回该国的人。对于不止一国国籍的人,”本国”一词是指他有国籍的每一个国家。如果没有实在可以发生畏惧的正当理由而不受他国籍所属国家之一的保护时,不得认其缺乏本国的保护。
  (二)(甲)本公约第一条(一)款所用” 一九五一年一月一日以前发生的事情”一语应了解为(子)“一九五一年一月一日以前在欧洲发生的事情;或者为(丑)”一九五一年一月一日以前在欧洲或其他地方发生的事情“;缔约各国应于签字、批准、或加入时声明为了承担本公约的义务,这一用语应作何解释。
  (乙)已经采取上述(子)解释的任何缔约国,可以随时向联合国秘书长提出通知,采取(丑)解释以扩大其义务。
  (三)如有下列各项情形,本公约应停止适用于上述(甲)款所列的任何人:
  (甲)该人已自动接受其本国的保护;或者
  (乙)该人于丧失国籍后,又自动重新取的国籍;或者
  (丙)该人已取得新的国籍,并享受其新国籍国家的保护;或者
  (丁)该人已经在过去由于畏受迫害而离去或躲开的国家内自动定居下来;或者
  (戊)该人由于被认为是难民所依据的情况不复存在而不能继续拒绝受其本国保护;但本项不适用于本条(一)款(甲)项所列的难民,如果它可以援引由于过去曾受迫害的重大理由以拒绝受其本国的保护;
  (己)该人本无国籍,由于被认为是难民所依据的情况不复存在而可以回到其以前经常居住的国家内;但本项不适用于本条(一)款(甲)项所列的难民,如果它可以援引由于过去曾受迫害的重大理由以拒绝受其以前经常居住国家的保护。
  (四)本公约不适用于目前从联合国难民事务高级专员以外的联合国机关或机构或得保护或援助的人。当上述保护或援助由于任何原因停止而这些人的地位还没有根据联合国大会所通过的有关决议明确解决时,他们应在事实上享受本公约的利益。
  (五)本公约不适用于被其居住地国家主管当局认为具有附着于该国国籍权利和义务的人。
  (六)本公约规定不适用于存在着重大理由足以认为有下列情事的任何人:
  (甲)该人犯了国际文件中以作出规定的破坏和平罪、战争罪、或危害人类罪;
  (乙)该人在以难民身分进入避难国以前,曾在避难国以外犯过严重政治罪行;
  (丙)该人曾有违反联合国宗旨和原则的行为并经认为有罪。

Article 1 - Definition of the term "refugee"


  A. For the purposes of the present Convention, the term "refugee" shall apply to any person who:
  (1)Has been considered a refugee under the Arrangements of 12 May 1926 and 30 June 1928 or under the Conventions of 28 October 1933 and 10 February 1938, the Protocol of 14 September 1939 or the Constitution of the International Refugee Organization;
  Decisions of non-eligibility taken by the International Refugee Organization during the period of its activities shall not prevent the status of refugee being accorded to persons who fulfil the conditions of paragraph 2 of this section;
  (2)As a result of events occurring before 1 January 1951 and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.
  In the case of a person who has more than one nationality, the term "the country of his nationality" shall mean each of the countries of which he is a national, and a person shall not be deemed to be lacking the protection of the country of his nationality if, without any valid reason based on well-founded fear, he has not availed himself of the protection of one of the countries of which he is a national.
  B. (1)For the purposes of this Convention, the words "events occurring before 1 January 1951" in article 1, section A, shall be understood to mean either (a)"events occurring in Europe before 1 January 1951"; or (b)"events occurring in Europe or elsewhere before 1 January 1951"; and each Contracting State shall make a declaration at the time of signature, ratification or accession, specifying which of these meanings it applies for the purpose of its obligations under this Convention.
  (2)Any Contracting State which has adopted alternative (a)may at any time extend its obligations by adopting alternative (b)by means of a notification addressed to the Secretary-General of the United Nations.
  C. This Convention shall cease to apply to any person falling under the terms of section A if:
  (1)He has voluntarily re-availed himself of the protection of the country of his nationality; or
  (2)Having lost his nationality, he has voluntarily reacquired it; or
  (3)He has acquired a new nationality, and enjoys the protection of the country of his new nationality; or
  (4)He has voluntarily re-established himself in the country which he left or outside which he remained owing to fear of persecution; or
  (5)He can no longer, because the circumstances in connection with which he has been recognized as a refugee have ceased to exist, continue to refuse to avail himself of the protection of the country of his nationality;
  Provided that this paragraph shall not apply to a refugee falling under section A (1)of this article who is able to invoke compelling reasons arising out of previous persecution for refusing to avail himself of the protection of the country of nationality;
  (6)Being a person who has no nationality he is, because the circumstances in connection with which he has been recognized as a refugee have ceased to exist, able to return to the country of his former habitual residence;
  Provided that this paragraph shall not apply to a refugee falling under section A (1)of this article who is able to invoke compelling reasons arising out of previous persecution for refusing to return to the country of his former habitual residence.
  D. This Convention shall not apply to persons who are at present receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance.
  When such protection or assistance has ceased for any reason, without the position of such persons being definitively settled in accordance with the relevant resolutions adopted by the General Assembly of the United Nations, these persons shall ipso facto be entitled to the benefits of this Convention.
  E. This Convention shall not apply to a person who is recognized by the competent authorities of the country in which he has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country.
  F. The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that:
  (a)He has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;
  (b)He has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee;
  (c)He has been guilty of acts contrary to the purposes and principles of the United Nations.

第2条 一般义务


  一切难民对其所在国负有责任,此项责任特别要求他们遵守该国的法律和规章以及为维持公共秩序而采取的措施。

Article 2 - General obligations


  Every refugee has duties to the country in which he finds himself, which require in particular that he conform to its laws and regulations as well as to measures taken for the maintenance of public order.

第3条 不受歧视


  缔约各国应对难民不分种族、宗教、或国籍,适用本公约的规定。

Article 3 - Non-discrimination


  The Contracting States shall apply the provisions of this Convention to refugees without discrimination as to race, religion or country of origin.

第4条 宗教


  缔约各国对在其领土内的难民,关于举行宗教仪式的自由以及对其子女施加宗教教育的自由方面,应至少给予其本国国民所获得的待遇。

Article 4 - Religion


  The Contracting States shall accord to refugees within their territories treatment at least as favourable as that accorded to their nationals with respect to freedom to practise their religion and freedom as regards the religious education of their children.

第5条 与本公约无关的权利


  本公约任何规定不得认为妨碍一个缔约国并非由于本公约而给予难民的权利和利益。

Article 5 - Rights granted apart from this Convention


  Nothing in this Convention shall be deemed to impair any rights and benefits granted by a Contracting State to refugees apart from this Convention.

第6条 在同样情况下”一词的意义


  本公约所用“在同样情况下”一词意味着凡是个别的人如果不是难民为了享受有关的权利所必须具备的任何条件(包括关于旅居或居住的期间和条件的要件),但按照要件的性质,难民不可能具备者,则不在此例。

Article 6 - The term "in the same circumstances"


  For the purposes of this Convention, the term "in the same circumstances" implies that any requirements (including requirements as to length and conditions of sojourn or residence)which the particular individual would have to fulfil for the enjoyment of the right in question, if he were not a refugee, must be fulfilled by him, with the exception of requirements which by their nature a refugee is incapable of fulfilling.

第7条 相互条件的免除


  (一)除本公约载有更有利的规定外,缔约国应给予难民以一般外国人所获得的待遇。
  (二)一切难民在居住期满三年以后,应在缔约各国领土内享受立法上相互条件的免除。
  (三)缔约各国应继续给予难民在本公约对该国生效之日他们无须在相互条件下已经有权享受的权利和利益。
  (四)缔约各国对无须在相互条件下给予难民根据(二)、(三)两款他们有权享受以外的权利和利益,以及对不具备(二)、(三)两款所规定条件的难民亦免除相互条件的可能性,应给予有利的考虑。
  (五)第(二)、(三)两款的规定对本公约第十三十八十九二十一二十二条所指权利和利益,以及本公约并未规定的权利和利益,均予适用。

Article 7 - Exemption from reciprocity


  1. Except where this Convention contains more favourable provisions, a Contracting State shall accord to refugees the same treatment as is accorded to aliens generally.
  2. After a period of three years' residence, all refugees shall enjoy exemption from legislative reciprocity in the territory of the Contracting States.
  3. Each Contracting State shall continue to accord to refugees the rights and benefits to which they were already entitled, in the absence of reciprocity, at the date of entry into force of this Convention for that State. 4. The Contracting States shall consider favourably the possibility of according to refugees, in the absence of reciprocity, rights and benefits beyond those to which they are entitled according to paragraphs 2 and 3, and to extending exemption from reciprocity to refugees who do not fulfil the conditions provided for in paragraphs 2 and 3.
  5. The provisions of paragraphs 2 and 3 apply both to the rights and benefits referred to in articles 13, 18, 19, 21 and 22 of this Convention and to rights and benefits for which this Convention does not provide.

第8条 特殊措施的免除


  关于对一外国国民的人身、财产或利益所得采取的特殊措施,缔约各国不得对形式上为该外国国民的难民往往因其所属国籍而对其适用此项措施。缔约各国如根据其国内法不能适用本条所表示的一般原则,应在适当情况下,对此项难民给予免除的优惠。

Article 8 - Exemption from exceptional measures


  With regard to exceptional measures which may be taken against the person, property or interests of nationals of a foreign State, the Contracting States shall not apply such measures to a refugee who is formally a national of the said State solely on account of such nationality. Contracting States which, under their legislation, are prevented from applying the general principle expressed in this article, shall, in appropriate cases, grant exemptions in favour of such refugees.

第9条 临时措施


  本公约的任何规定并不妨碍一缔约国在战时或其他严重和特殊情况下对个别的人在该缔约国断定该人确为难民以前,并且认为有必要为了国家安全的利益应对该人继续采取措施时,对他临时采取他国所认为对其国家安全是迫切需要的措施。

Article 9 - Provisional measures


  Nothing in this Convention shall prevent a Contracting State, in time of war or other grave and exceptional circumstances, from taking provisionally measures which it considers to be essential to the national security in the case of a particular person, pending a determination by the Contracting State that that person is in fact a refugee and that the continuance of such measures is necessary in his case in the interests of national security.

第10条 继续居住


  (一)难民如在第二次世界大战时被强制放逐并移至缔约一国的领土并在其内居住,这种强制居留的时期应被认为在该领土内合法居住期间以内。
  (二)难民如在第二次世界大战时被强制逐出缔约一国的领土,而在本公约生效之日以前返回该国准备定居,则在强制放逐以前和以后的居住时期,为了符合于继续居住这一要求的任何目的,应被认为是一个未经中断的期间。

Article 10 - Continuity of residence


  1. Where a refugee has been forcibly displaced during the Second World War and removed to the territory of a Contracting State, and is resident there, the period of such enforced sojourn shall be considered to have been lawful residence within that territory.
  2. Where a refugee has been forcibly displaced during the Second World War from the territory of a Contracting State and has, prior to the date of entry into force of this Convention, returned there for the purpose of taking up residence, the period of residence before and after such enforced displacement shall be regarded as one uninterrupted period for any purposes for which uninterrupted residence is required.

第11条 避难海员


  对于在悬挂缔约一国国旗的船上正常服务的难民,该国对于他们在其领土内定居以及发给他们旅行证件或者暂时接纳他们到该国领土内,特别是为了便利他们在另一国家定居的目的,均应给予同情的考虑。

Article 11 - Refugee seamen


  In the case of refugees regularly serving as crew members on board a ship flying the flag of a Contracting State, that State shall give sympathetic consideration to their establishment on its territory and the issue of travel documents to them or their temporary admission to its territory particularly with a view to facilitating their establishment in another country.
                                                回索引〉〉

第二章  法律上地位

第12条 个人身分


  (一)难民的个人身分,应受其住所地国家的法律支配,如无住所,则受其居住地国家的法律支配。
  (二)难民以前由于个人身分而取得的权利,特别是关于婚姻的权利,应受到缔约一国的尊重,如必要时应手该国法律所要求的仪式,但以如果他不是难民该有关的权利亦被该国承认者为限。

Article 12 - Personal status


  1. The personal status of a refugee shall be governed by the law of the country of his domicile or, if he has no domicile, by the law of the country of his residence.
  2. Rights previously acquired by a refugee and dependent on personal status, more particularly rights attaching to marriage, shall be respected by a Contracting State, subject to compliance, if this be necessary, with the formalities required by the law of that State, provided that the right in question is one which would have been recognized by the law of that State had he not become a refugee.

第13条 动产和不动产


  缔约各国在动产和不动产的取得及与此有关的其他权利,以及关于动产和不动产租赁和其他契约方面,应给予难民尽可能优惠的待遇,无论如何,此项待遇不得低于在同样情况下给予一般外国人的待遇。

Article 13 - Movable and immovable property


  The Contracting States shall accord to a refugee treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, as regards the acquisition of movable and immovable property and other rights pertaining thereto, and to leases and other contracts relating to movable and immovable property.

第14条 艺术权利和工业财产


  关于工业财产的保护,例如对发明、设计或模型、商标、商号名称、以及对文学、艺术、和科学作品的权利,难民在其经常居住的国家内,应给以该国国民所享有的同样保护。他在任何其他缔约国领土内,应给以他经常居住国家的国民所享有的同样保护。

Article 14 - Artistic rights and industrial property


  In respect of the protection of industrial property, such as inventions, designs or models, trade marks, trade names, and of rights in literary, artistic and scientific works, a refugee shall be accorded in the country in which he has his habitual residence the same protection as is accorded to nationals of that country. In the territory of any other Contracting States, he shall be accorded the same protection as is accorded in that territory to nationals of the country in which he has his habitual residence.

第15条 结社的权利


  关于非政治性和非营利性的社团以及同业公会组织,缔约各国对合法居留在其领土内的难民,应给以一个外国的国民在同样情况下所享有的最惠国待遇。

Article 15 - Right of association


  As regards non-political and non-profit-making associations and trade unions the Contracting States shall accord to refugees lawfully staying in their territory the most favourable treatment accorded to nationals of a foreign country, in the same circumstances.

第16条 向法院申诉的权利


  (一)难民有权自由向所有缔约各国领土内的法院申诉。
  (二)难民在其经常居住的缔约国内,就向法院申诉的事项包括诉讼救助和免于提供诉讼担保在内,应享有与本国国民相同的待遇。
  (三)难民在其经常居住的国家以外的其他国家内,就第(二)款所述事项,应给以他经常居住国家的国所享有待遇。

Article 16 - Access to courts


  1. A refugee shall have free access to the courts of law on the territory of all Contracting States.
  2. A refugee shall enjoy in the Contracting State in which he has his habitual residence the same treatment as a national in matters pertaining to access to the courts, including legal assistance and exemption from cautio judicatum solvi .
  3. A refugee shall be accorded in the matters referred to in paragraph 2 in countries other than that in which he has his habitual residence the treatment granted to a national of the country of his habitual residence.
                                                回索引〉〉

第三章  有利可图的职业活动

第17条 以工资受偿的雇用


  (一)缔约各国对合法在其领土内居留的难民,就从事工作以换取工资的权利方面,应给以在同样情况下一个外国国民所享有的最惠国待遇。
  (二)无伦如何,对外国人施加的限制措施或者为了保护国内劳动力市场而对雇用外国人施加限制的措施,均不得适用于在本公约对有关缔约国生效之日已免除此项措施之难民,亦不适用于具备下列条件之一的难民:
  (甲)已在该国居住满三年;
  (乙)其配偶具有居住国的国籍,但如难民已与其配偶离异,则不得援引本项规定的利益;
  (丙)其子女一人或数人具有居住国的国籍。
  (三)关于以工资受偿的雇佣问题,缔约各国对于使一切难民的权利相同于本国国民的权利方面,应给予同情的考虑,特别是根据招工计划或移民入境办法进入其领土的难民的此项权利。

Article 17 - Wage-earning employment


  1. The Contracting States shall accord to refugees lawfully staying in their territory the most favourable treatment accorded to nationals of a foreign country in the same circumstances, as regards the right to engage in wage-earning employment.
  2. In any case, restrictive measures imposed on aliens or the employment of aliens for the protection of the national labour market shall not be applied to a refugee who was already exempt from them at the date of entry into force of this Convention for the Contracting State concerned, or who fulfils one of the following conditions:
  (a)He has completed three years' residence in the country;
  (b)He has a spouse possessing the nationality of the country of residence. A refugee may not invoke the benefit of this provision if he has abandoned his spouse;
  (c)He has one or more children possessing the nationality of the country of residence.
  3. The Contracting States shall give sympathetic consideration to assimilating the rights of all refugees with regard to wage-earning employment to those of nationals, and in particular of those refugees who have entered their territory pursuant to programmes of labour recruitment or under immigration schemes.

第18条 自营职业


  缔约各国对合法在其领土内的难民,就其自己经营业、工业、手工业、商业以及设立工商业公司方面,应给以尽可能优惠的待遇,无论如何,此项待遇不得低于一般外国人在同样情况下所享有的待遇。

Article 18 - Self-employment


  The Contracting States shall accord to a refugee lawfully in their territory treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, as regards the right to engage on his own account in agriculture, industry, handicrafts and commerce and to establish commercial and industrial companies.

第19条 自由职业


  (一)缔约各国对合法居留于其领土内的难民,凡持有该国主管当局所承认的文凭并愿意从事自由职业者,应给以尽可能优惠的待遇,无论如何,此项待遇不得低于在同样情况下所享有的待遇。
  (二)缔约各国对其本土以外而由其负责国际关系的领土内的难民,应在符合其法律和宪法的情况下,尽极大努力使这些难民定居下来。

Article 19 - Liberal professions


  1. Each Contracting State shall accord to refugees lawfully staying in their territory who hold diplomas recognized by the competent authorities of that State, and who are desirous of practising a liberal profession, treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances.
  2. The Contracting States shall use their best endeavours consistently with their laws and constitutions to secure the settlement of such refugees in the territories, other than the metropolitan territory, for whose international relations they are responsible.
                                                回索引〉〉

第四章  福利

Chapter IV  WELFARE

第20条 定额供应


  如果存在着定额供应制度,而这一制度是适用于一般居民并调整着缺销产品的总分配,难民应给以本国国民所享有的同样待遇。

Article 20 - Rationing


  Where a rationing system exists, which applies to the population at large and regulates the general distribution of products in short supply, refugees shall be accorded the same treatment as nationals.

第21条 房屋


  缔约各国对合法居留于其领土内的难民,就房屋问题方面,如果该问题是由法律或规章调整或者受公共当局管制,应给以尽可能优惠的待遇,无论如何,此项待遇不得低于一般外国人在同样情况下所享有的待遇。

Article 21 - Housing


  As regards housing, the Contracting States, in so far as the matter is regulated by laws or regulations or is subject to the control of public authorities, shall accord to refugees lawfully staying in their territory treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances.

第22条 公共教育


  (一)缔约各国应给予难民凡本国国民在初等教育方面所享有的同样待遇。
  (二)缔约各国就初等教育以外的教育,特别是就获得研究学术的机会,承认外国学校的证书、文凭、和学位、减免学费、以及发给奖学金方面,应对难民给予尽可能优惠的待遇,无论如何,此项待遇不得低于一般外国人在同样情况下所享有的待遇。

Article 22 - Public education


  1. The Contracting States shall accord to refugees the same treatment as is accorded to nationals with respect to elementary education.
  2. The Contracting States shall accord to refugees treatment as favourable as possible, and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, with respect to education other than elementary education and, in particular, as regards access to studies, the recognition of foreign school certificates, diplomas and degrees, the remission of fees and charges and the award of scholarships.

第23条 公共救济


  缔约各国对合法居住在其领土内的难民,就公共救济和援助方面,应给以凡其本国国民所享有的同样待遇。

Article 23 - Public relief


  The Contracting States shall accord to refugees lawfully staying in their territory the same treatment with respect to public relief and assistance as is accorded to their nationals.

第24条 劳动立法和社会安全


  (一)缔约各国对合法居留在其领土内的难民,就下列各事项,应给以本国国民所享有的同样待遇:
  (甲)报酬,包括家庭津贴──如这种津贴构成报酬一部份的话、工作时间、加班办法、假日工资、对带回家去工作的限制、雇用最低年龄、学徒和训练、女工和童工、享受共同交涉的利益,如果这些事项由法律或规章规定,或者受行政当局管制的话;
  (乙)社会安全(关于雇用中所受损害、职业病、生育、疾病、残废、年老、死亡、失业、家庭负担或根据国家法律或规章包括在社会安全计划之内的任何其他事故的法律规定),但受以下规定的限制:
  (子)对维持既得权利和正在取得的权利可能做出适当安排;
  (丑)居住帝国的法律或规章可能对全部由公共基金支付利益金或利益金的一部或对不符合于为发给正常退职金所规定资助条件的人发给津贴,制定特别安排。
  (二)难民由于雇用中所受损害或职业病死亡而获得的补偿权利,不因受益人居住在缔约国领土以外而受影响。
  (三)缔约各国之间所缔结或在将来可能缔结的协定,凡涉及社会安全既得权利或正在取得的权利,缔约各国应以此项协定所产生的利益给予难民,但以符合于对有关协定个签字国国民适用的条件者为限。
  (四)缔约各国对以缔约国和非缔约国之间随时可能生效的类似协定所产生的利益尽量给予难民一事,将予以同情的考虑。

Article 24 - Labour legislation and social security


  1. The Contracting States shall accord to refugees lawfully staying in their territory the same treatment as is accorded to nationals in respect of the following matters;
  (a)In so far as such matters are governed by laws or regulations or are subject to the control of administrative authorities: remuneration, including family allowances where these form part of remuneration, hours of work, overtime arrangements, holidays with pay, restrictions on work, minimum age of employment, apprenticeship and training, women's work and the work of young persons, and the enjoyment of the benefits of collective bargaining;
  (b)Social security (legal provisions in respect of employment injury, occupational diseases, maternity, sickness, disability, old age, death, unemployment, family responsibilities and any other contingency which, according to national laws or regulations, is covered by a social security scheme), subject to the following limitations:
  (i)There may be appropriate arrangements for the maintenance of acquired rights and rights in course of acquisition;
  (ii)National laws or regulations of the country of residence may prescribe special arrangements concerning benefits or portions of benefits which are payable wholly out of public funds, and concerning allowances paid to persons who do not fulfil the contribution conditions prescribed for the award of a normal pension.
  2. The right to compensation for the death of a refugee resulting from employment injury or from occupational disease shall not be affected by the fact that the residence of the beneficiary is outside the territory of the Contracting State.
  3. The Contracting States shall extend to refugees the benefits of agreements concluded between them, or which may be concluded between them in the future, concerning the maintenance of acquired rights and rights in the process of acquisition in regard to social security, subject only to the conditions which apply to nationals of the States signatory to the agreements in question. 4. The Contracting States will give sympathetic consideration to extending to refugees so far as possible the benefits of similar agreements which may at any time be in force between such Contracting States and non-contracting States.
                                                回索引〉〉

第五章  行政措施

Chapter V  ADMINISTRATIVE MEASURES

第25条 行政协助


  (一)如果难民行使一项权利时正常的需要一个对他不能援助的外国当局的协助,则难民的居住地的缔约国应安排由该国自已当局或由一个国际当局给予此项协助。
  (二)第一款所述当局应将正常地应由难民的本国当局或通过其本国当局给予外国人的文件或证明书给予难民,或者使这种文件或证明书在其监督下给予难民。
  (三)如此发给的文件或证明书应代替由难民的本国当局或通过其本国当局发给难民的正式文件,并应在没有相反证据的情况下给予证明的效力。
  (四)除对贫苦的人可能给予特殊的待遇外,对上述服务可以征收费用,但此项费用应有限度,并应相当于为类似服务向本国国民征收的费用。
  (五)本条各项规定对第二十七条和第二十八条并不妨碍。

Article 25 - Administrative assistance


  1. When the exercise of a right by a refugee would normally require the assistance of authorities of a foreign country to whom he cannot have recourse, the Contracting States in whose territory he is residing shall arrange that such assistance be afforded to him by their own authorities or by an international authority.
  2. The authority or authorities mentioned in paragraph 1 shall deliver or cause to be delivered under their supervision to refugees such documents or certifications as would normally be delivered to aliens by or through their national authorities.
  3. Documents or certifications so delivered shall stand in the stead of the official instruments delivered to aliens by or through their national authorities, and shall be given credence in the absence of proof to the contrary.
  4. Subject to such exceptional treatment as may be granted to indigent persons, fees may be charged for the services mentioned herein, but such fees shall be moderate and commensurate with those charged to nationals for similar services.
  5. The provisions of this article shall be without prejudice to articles 27 and 28.

第26条 行动自由


  缔约各国对合法在其领土内的难民,应给予选择其居住地和在其领土内自由行动的权利,但应受对一般外国人在同样情况下适用的规章的限制。

Article 26 - Freedom of movement


  Each Contracting State shall accord to refugees lawfully in its territory the right to choose their place of residence and to move freely within its territory subject to any regulations applicable to aliens generally in the same circumstances.

第27条 身份证件


  缔约各国对在其领土内部持有有效旅行证件的任何难民,应发给身分证件。

Article 27 - Identity papers


  The Contracting States shall issue identity papers to any refugee in their territory who does not possess a valid travel document.

第28条 旅行证件


  (一)缔约各国对合法在其领土内居留的难民,除因国家安全或公共秩序的重大原因应另作考虑外,应发给旅行证件,以凭在其领土以外旅行。本公约附件的规定应适用于上述证件。缔约各国可以发给在其领土内的任何其他难民上述旅行证件。缔约各国特别对于在其领土内而不能向其合法居住地国家取得旅行证件的难民发给上述旅行证件一事,应给予同情的考虑。
  (二)根据以前国际协定由此项协定缔约各方发给难民的旅行证件,缔约各方应予承认,并应当作根据本条发给的旅行证件同样看待。

Article 28 - Travel documents


  1. The Contracting States shall issue to refugees lawfully staying in their territory travel documents for the purpose of travel outside their territory, unless compelling reasons of national security or public order otherwise require, and the provisions of the Schedule to this Convention shall apply with respect to such documents. The Contracting States may issue such a travel document to any other refugee in their territory; they shall in particular give sympathetic consideration to the issue of such a travel document to refugees in their territory who are unable to obtain a travel document from the country of their lawful residence.
  2. Travel documents issued to refugees under previous international agreements by Parties thereto shall be recognized and treated by the Contracting States in the same way as if they had been issued pursuant to this article.

第29条 财政征收


  (一)缔约各国不得对难民征收其向本国国民在类似情况下征收以外的或较高于向其本国国民在类似情况下征收的任何种类捐税或费用。
  (二)前款规定并不妨碍对难民适用关于向外国人发给行政文件包括旅行证件在内征收费用的法律和规章。

Article 29 - Fiscal charges


  1. The Contracting States shall not impose upon refugees duties, charges or taxes, of any description whatsoever, other or higher than those which are or may be levied on their nationals in similar situations.
  2. Nothing in the above paragraph shall prevent the application to refugees of the laws and regulations concerning charges in respect of the issue to aliens of administrative documents including identity papers.

第30条 资产的移转


  (一)缔约国应在符合于其法律和规章的情况下,准许难民将其携入该国领土内的资产,移转到难民为重新定居目的而已被准许入境的另一国家。
  (二)如果难民声请移转,不论在何地方的并在另一国家重新定居所需要的财产,而且该另一国家已准其入境,则缔约国对其声请应给予同情的考虑。

Article 30 - Transfer of assets


  1. A Contracting State shall, in conformity with its laws and regulations, permit refugees to transfer assets which they have brought into its territory, to another country where they have been admitted for the purposes of resettlement.
  2. A Contracting State shall give sympathetic consideration to the application of refugees for permission to transfer assets wherever they may be and which are necessary for their resettlement in another country to which they have been admitted.

第31条 非法留在避难国的难民


  (一)缔约各国对于直接来自生命或自由受到第一条所指威吓的领土未经许可而进入或逗留于该国领土的难民,不得因该难民的非法入境或逗留而加以刑罚,但以该难民不迟延地自行投向当局说明其非法入境或逗留的正当原因者为限。
  (二)缔约各国对上述难民的行动,不得加以除必要以外的限制,此项限制只能于难民在该国的地位正常化或难民获得另一国入境准许以前适用。缔约各国应给予上述难民一个合理期间以及一切必要的便利,以便获得另一国入境的许可。

Article 31 - Refugees unlawfully in the country of refuge


  1. The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.
  2. The Contracting States shall not apply to the movements of such refugees restrictions other than those which are necessary and such restrictions shall only be applied until their status in the country is regularized or they obtain admission into another country. The Contracting States shall allow such refugees a reasonable period and all the necessary facilities to obtain admission into another country.

第32条 驱逐出境


  缔约各国除因国家安全或公共秩序理由外,不得将合法在其领土内的难民驱逐出境。
  驱逐难民出境只能以按照合法程序作出的判决为根据。除因国家安全的重大理由要求另作考虑外,应准许难民提出有利于自己的证据,向主管当局或向主管当局特别指定的人员申诉或者为此目的委托代表向上述当局或人员申诉。
  缔约各国应给予上述难民一个合理的期间,以便取得合法进入另一个国家的许可。缔约各国保留在这期间内适用他们所认为必要的内部措施的权利。

Article 32 - Expulsion


  1. The Contracting States shall not expel a refugee lawfully in their territory save on grounds of national security or public order.
  2. The expulsion of such a refugee shall be only in pursuance of a decision reached in accordance with due process of law. Except where compelling reasons of national security otherwise require, the refugee shall be allowed to submit evidence to clear himself, and to appeal to and be represented for the purpose before competent authority or a person or persons specially designated by the competent authority.
  3. The Contracting States shall allow such a refugee a reasonable period within which to seek legal admission into another country. The Contracting States reserve the right to apply during that period such internal measures as they may deem necessary.

第33条 禁止驱逐出境或送回(“推回”)


  任何缔约国不得以任何方式将难民驱逐或送回(“推回”)至其生命或自由因为他的种族、宗教、国籍、参加某一社会团体或具有某种政治见解而受威吓的领土边界。
  但如有正当理由认为难民足以危害所在国的安全,或者难民已被确定判决认为犯过特别严重罪行从而构成对该国社会的危险,则该难民不得要求本条规定的利益。

Article 33 - Prohibition of expulsion or return ("refoulement")


  1. No Contracting State shall expel or return (" refouler ")a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.
  2. The benefit of the present provision may not, however, be claimed by a refugee whom there are reasonable grounds for regarding as a danger to the security of the country in which he is, or who, having been convicted by a final judgement of a particularly serious crime, constitutes a danger to the community of that country.

第34条 入籍


  缔约各国应尽可能便利难民的入籍和同化。他们应特别尽力加速办理入籍程序,并尽可能减低此项程序的费用。

Article 34 - Naturalization


  The Contracting States shall as far as possible facilitate the assimilation and naturalization of refugees. They shall in particular make every effort to expedite naturalization proceedings and to reduce as far as possible the charges and costs of such proceedings.
                                                回索引〉〉

第六章  执行和过渡规定

Chapter VI  EXECUTORY AND TRANSITORY PROVISIONS

第35条 国家当局同联合国的合作


  (一)缔约各国保证同联合国难民事务高级专员办事处或继承该办事处的联合国任何其他机关在其执行职务时进行合作,并应特别使其在监督适用本公约规定而行使职务时获得便利。
  (二)为了使高级专员办事处或继承该办事处的联合国其他机关向联合国主管机关作出报告,缔约各国保证于此项机关请求时,向他们在适当形式下提供关于下列事项的情报和统计资料:
  (甲)难民的情况,
  (乙)本公约的执行,以及
  (丙)现行有效或日后可能生效的涉及难民的法律、规章和法令。

Article 35 - Co-operation of the national authorities with the United Nations


  1. The Contracting States undertake to co-operate with the Office of the United Nations High Commissioner for Refugees, or any other agency of the United Nations which may succeed it, in the exercise of its functions, and shall in particular facilitate its duty of supervising the application of the provisions of this Convention.
  2. In order to enable the Office of the High Commissioner or any other agency of the United Nations which may succeed it, to make reports to the competent organs of the United Nations, the Contracting States undertake to provide them in the appropriate form with information and statistical data requested concerning:
  (a)The condition of refugees,
  (b)The implementation of this Convention, and
  (c)Laws, regulations and decrees which are, or may hereafter be, in force relating to refugees.

第36条 关于国内立法的情报


  缔约各国应向联合国秘书长送交他们可能采用为保证执行本公约的法律和规章。

Article 36 - Information on national legislation


  The Contracting States shall communicate to the Secretary-General of the United Nations the laws and regulations which they may adopt to ensure the application of this Convention.

第37条 对以前公约的关系


  在不妨碍本公约第二十八条第二款的情况下,本公约在国之间代替一九二二年七月五日、一九二四年五月三十一日、一九二六年五月十二日、一九二八年六月三十日以及一九三五年七月三十日的协议,一九三三年十月二十八日和一九三八年二月十日的公约,一九三九年九月十四日议定书和一九四六年十月十五日的协定。

Article 37 - Relation to previous conventions


  Without prejudice to article 28, paragraph 2, of this Convention, this Convention replaces, as between Parties to it, the Arrangements of 5 July 1922, 31 May 1924, 12 May 1926, 30 June 1928 and 30 July 1935, the Conventions of 28 October 1933 and 10 February 1938, the Protocol of 14 September 1939 and the Agreement of 15 October 1946.
                                                回索引〉〉

第七章  最后条款

Chapter VII  FINAL CLAUSES

第38条 争端的解决


  本公约缔约国间关于公约解释或执行的争端,如不能以其他的方法解决,应依争端任何一方当事国的请求,提交国际法院。

Article 38 - Settlement of disputes


  Any dispute between Parties to this Convention relating to its interpretation or application, which cannot be settled by other means, shall be referred to the International Court of Justice at the request of any one of the parties to the dispute.

第39条 签字、批准和加入


  (一)本公约应于一九五一年七月二十八日在日内瓦开放签字,此后交存联合国秘书长。本公约将自一九五一年七月二十八日至八月三十一日止在联合国驻欧办事处开放签字,并将自一九五一年九月十七日至一九五二年十二月三十一日止在联合国总部重行开放签字。
  (二)本公约将对联合国所有会员国,并对应邀出席难民和无国籍人地位全权代表会议或由联合国大会致送签字邀请的任何其他国家开放签字。本公约应经批准,批准书应交存联合国秘书长。
  (三)本公约将自一九五一年七月二十八日起对本条(二)款所指国家开放任凭加入。加入经向联合国秘书长交存加入书后生效。

Article 39 - Signature, ratification and accession


  1. This Convention shall be opened for signature at Geneva on 28 July 1951 and shall thereafter be deposited with the Secretary-General of the United Nations. It shall be open for signature at the European Office of the United Nations from 28 July to 31 August 1951 and shall be re-opened for signature at the Headquarters of the United Nations from 17 September 1951 to 31 December 1952.
  2. This Convention shall be open for signature on behalf of all States Members of the United Nations, and also on behalf of any other State invited to attend the Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons or to which an invitation to sign will have been addressed by the General Assembly. It shall be ratified and the instruments of ratification shall 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 shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

第40条 领土适用条款


  (一)任何一国得于签字、批准、或加入时声明本公约将适用于由其负责国际关系的一切或任何领土。此项声明将于公约对该有关国家生效时发生效力。
  (二)此后任何时候,这种适用于领土的任何声明应用通知书送达联合国秘书长,并将从联合国秘书长收到此项通知书之日后第九十天起或者从公约对该国生效之日起发生效力,以发生在后之日期为准。
  (三)关于在签字、批准、或加入时本公约不适用的领土,各有关国家应考虑采取必要步骤的可能,以便将本公约扩大适用到此项领土,但以此项领土的政府因宪法上需要以同意者为限。

Article 40 - Territorial application clause


  1. Any State may, at the time of signature, ratification or accession, declare that this Convention shall extend to all or any of the territories for the international relations of which it is responsible. Such a declaration shall take effect when the Convention enters into force for the State concerned.
  2. At any time thereafter any such extension shall be made by notification addressed to the Secretary-General of the United Nations and shall take effect as from the ninetieth day after the day of receipt by the Secretary-General of the United Nations of this notification, or as from the date of entry into force of the Convention for the State concerned, whichever is the later.
  3. With respect to those territories to which this Convention is not extended at the time of signature, ratification or accession, each State concerned shall consider the possibility of taking the necessary steps in order to extend the application of this Convention to such territories, subject, where necessary for constitutional reasons, to the consent of the Governments of such territories.

第41条 联邦条款


  关于联邦或单一政体的国家,应适用下述规定:
  (一)就本公约中属于联邦立法当局的立法管辖范围内的条款而言,联邦政府的义务应在此限度内与非联邦国家的缔约国相同;
  (二)关于本公约中属于邦、省、或县的立法管辖范围内的条款,如根据联邦内宪法制度,此项邦、省、或县不一定要采取立法行动的话,联邦政府应尽早将此项条款附具赞同的建议,提请此项邦、省、或县的主管当局注意;
  (三)作为本公约缔约国的联邦国家,如经联合国秘书长转送任何其他缔约国的请求时,应就联邦及其构成各单位有关本公约任何个别规定的法律和实践,提供一项声明,说明此项规定已经立法或其他行动予以实现的程度。

Article 41 - Federal clause


  In the case of a Federal or non-unitary State, the following provisions shall apply:
  (a)With respect to those articles of this Convention that come within the legislative jurisdiction of the federal legislative authority, the obligations of the Federal Government shall to this extent be the same as those of parties which are not Federal States;
  (b)With respect to those articles of this Convention that come within the legislative jurisdiction of constituent States, provinces or cantons which are not, under the constitutional system of the Federation, bound to take legislative action, the Federal Government shall bring such articles with a favourable recommendation to the notice of the appropriate authorities of States, provinces or cantons at the earliest possible moment;
  (c)A Federal State Party to this Convention shall, at the request of any other Contracting State transmitted through the Secretary-General of the United Nations, supply a statement of the law and practice of the Federation and its constituent units in regard to any particular provision of the Convention showing the extent to which effect has been given to that provision by legislative or other action.

第42条 保留


  (一)任何国家在签字、批准、或加入时,可以对公约第十六(一)以及三十六至四十六(包括首尾两条在内)各条以外的条款作出保留。
  (二)依本条第(一)款作出保留的任何国家可以随时通知联合国秘书长撤回保留。

Article 42 - Reservations


  1. At the time of signature, ratification or accession, any State may make reservations to articles of the Convention other than to articles 1, 3, 4, 16 (1), 33, 36-46 inclusive.
  2. Any State making a reservation in accordance with paragraph 1 of this article may at any time withdraw the reservation by a communication to that effect addressed to the Secretary-General of the United Nations.

第43条 生效


  (一)本公约于第六件批准书或加入书交存之日后第九十天生效。
  (二)对于在第六件批准书或加入书交存后批准或加入本公约之各国,本公约将于该国交存其批准书或加入书之日后第九十天生效。

Article 43 - Entry into force


  1. This Convention shall come into force on the ninetieth day following the day of deposit of the sixth instrument of ratification or accession.
  2. For each State ratifying or acceding to the Convention after the deposit of the sixth instrument of ratification or accession, the Convention shall enter into force on the ninetieth day following the date of deposit by such State of its instrument of ratification or accession.

第44条 退出


  (一)任何缔约国可以随时通知联合国秘书长退出本公约。
  (二)上述退出将于联合国秘书长收到退出通知之日起一年后对该有关缔约国生效。
  (三)依第四十条作出声明或通知的任何国家可以在此以后随时通知联合国秘书长,声明公约于秘书长收到通知之日后一年停止扩大适用于此领土。

Article 44 - Denunciation


  1. Any Contracting State may denounce this Convention at any time by a notification addressed to the Secretary-General of the United Nations.
  2. Such denunciation shall take effect for the Contracting State concerned one year from the date upon which it is received by the Secretary-General of the United Nations.
  3. Any State which has made a declaration or notification under article 40 may, at any time thereafter, by a notification to the Secretary-General of the United Nations, declare that the Convention shall cease to extend to such territory one year after the date of receipt of the notification by the Secretary-General.

第45条 修改


  (一)任何缔约国可以随时通知联合国秘书长,请求修改本公约。
  (二)联合国大会应建议对于上述请求所应采取的步骤,如果有这种步骤的话。

Article 45 - Revision


  1. Any Contracting State may request revision of this Convention at any time by a notification addressed to the Secretary-General of the United Nations.
  2. The General Assembly of the United Nations shall recommend the steps, if any, to be taken in respect of such request.

第46条 联合国秘书长的通知


  联合国秘书长应将下列事项通知联合国所有会员国以及第三十九条所述非会员国:
  (一)根据第一条(二)所作声明和通知;
  (二)根据第三十九条签字、批准、和加入;
  (三)根据第四十条所作声明和通知;
  (四)根据第四十二条声明保留和撤回;
  (五)根据第四十三条本公约生效的日期;
  (六)根据第四十四条声明退出和通知;
  (七)根据第四十五条请求修改。
  下列签署人经正式授权各自代表本国政府在本公约签字,以昭信守。
  一九五一年七月二十八日订于日内瓦,计一份,其英文本和法文本具有同等效力,应交存于联合国档案库,其经证明为真实无误的副本应交给联合国所有会员国以及第三十九条所述非会员国。

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


  The Secretary-General of the United Nations shall inform all Members of the United Nations and non-member States referred to in article 39:
  (a)Of declarations and notifications in accordance with section B of article 1;
  (b)Of signatures, ratifications and accessions in accordance with article 39;
  (c)Of declarations and notifications in accordance with article 40;
  (d)Of reservations and withdrawals in accordance with article 42;
  (e)Of the date on which this Convention will come into force in accordance with article 43;
  (f)Of denunciations and notifications in accordance with article 44;
  (g)Of requests for revision in accordance with article 45.
  In faith whereof the undersigned, duly authorized, have signed this Convention on behalf of their respective Governments.
  Done at Geneva, this 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 and which shall remain deposited in the archives of the United Nations, and certified true copies of which shall be delivered to all Members of the United Nations and to the non-member States referred to in article 39.


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