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Protocol to the Agreement relating to Refugee Seamen

Publisher UN High Commissioner for Refugees (UNHCR)
Author Other Specialised Conferences
Publication Date 30 March 1975
Cite as UN High Commissioner for Refugees (UNHCR), Protocol to the Agreement relating to Refugee Seamen, 30 March 1975, available at: http://www.refworld.org/docid/3ae6b38218.html [accessed 10 December 2016]
Protocol to the Agreement relating to Refugee Seamen

Date of entry into force: 30 March 1975

The Contracting Parties to the present Protocol,

Considering that the application of the Agreement relating to Refugee Seamen done at The Hague on 23 November 1957 (hereinafter referred to as the Agreement) is closely connected with the application of the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 (hereinafter referred to as the Convention), which applies only to those persons who have become refugees as a result of events occurring before 1 January 1951,

Considering that new refugee situations have arisen since the Convention was adopted and that it is desirable that equal status should be enjoyed by all refugees covered by the definition of the Convention irrespective of the dateline of 1 January 1951, and that to this end a Protocol relating to the Status of Refugees was opened for accession at New York on 31 January 1967,

Desiring to establish a similar regime with regard to refugee seamen,

Have agreed as follows:

Article 1

(1)The Contracting Parties to the present Protocol undertake to apply Articles 2 and 4 to 13 inclusive of the Agreement to refugee seamen as hereinafter defined.

(2)For the purpose of the present Protocol, the term "refugee seamen" shall apply to any person who, being a refugee according to the definition in paragraph 2 of Article I of the Protocol relating to the Status of Refugees of 31 January 1967, is serving as a seafarer in any capacity on a mercantile ship, or habitually earns his living as a seafarer on such a ship.

(3)The present Protocol shall be applied without any geographic limitation, save that existing declarations made by the States already Parties to the Convention in accordance with Article 1 B (1)(a) of the Convention, shall, unless extended under Article 1 B (2) thereof, apply also under the present Protocol.

Article 2

Any dispute between the Contracting Parties to the present Protocol relating to the interpretation or application of any of its provisions which cannot be settled by other means shall be referred to the International Court of Justice at the request of any one of the Parties to the dispute.

Article 3

(1)The present Protocol shall be open for acceptance or approval on behalf of all the Governments which have signed the Agreement or have acceded thereto and of any other Government which undertakes obligations with respect to refugee seamen under Article 28 of the Convention or obligations corresponding thereto.

(2)Instruments of acceptance or approval shall be deposited with the Government of the Kingdom of the Netherlands.

Article 4

(1)The present Protocol shall come into force on the 90th day following the date of deposit of the eighth instrument of acceptance or approval.

(2)For each Government accepting or approving the present Protocol after the deposit of the eighth instrument of acceptance or approval, the present Protocol shall come into force on the date of deposit by such Government of its instrument of acceptance or approval.

Article 5

(1)Any Government may, at the time of the deposit of its instrument of acceptance or approval, or at any time thereafter, declare that the present Protocol shall extend to any territory or territories for the international relations of which it is responsible, provided that it has undertaken in relation thereto such obligations as are mentioned in paragraph 1 of Article III.

(2)Such extension shall be made by notification addressed to the Government of the Kingdom of the Netherlands.

(3)The extension shall take effect on the 90th day following the date upon which the notification was received by the Government of the Kingdom of the Netherlands, but not before the date of the entry into force of the present Protocol for the notifying Government as specified in Article IV.

Article 6

(1)A Contracting Party may denounce the present Protocol at any time by a notification addressed to the Government of the Kingdom of the Netherlands.

(2)The denunciation shall take effect one year from the date upon which the notification was received by the Government of the Kingdom of the Netherlands. Where the present Protocol has been denounced by a Contracting Party, any other Contracting Party after consulting the remaining Parties, may denounce the Protocol with effect from the same date, provided not less than six months' notice is given.

Article 7

(1)A Contracting Party which has made a notification under Article V may at any time thereafter declare by a notification addressed to the Government of the Kingdom of the Netherlands that the present Protocol shall cease to apply to any territory or territories specified in the notification.

(2)The present Protocol shall cease to apply to any territory or territories concerned one year from the date upon which the notification was received by the Government of the Kingdom of the Netherlands.

Article 8

The Government of the Kingdom of the Netherlands shall inform all the Governments which have signed the Agreement or have acceded thereto and all other Governments which have accepted or approved the present Protocol of any deposits and notifications made in accordance with Articles III, V, VI, and VII.

Article 9

A copy of the present Protocol, of which the English and French texts are equally authentic, signed by the Minister for Foreign Affairs of the Kingdom of the Netherlands, shall be deposited in the archives of the Government of the Kingdom of the Netherlands, which shall transmit certified true copies thereof to the Governments referred to in Article VIII.

The following States approved or accepted the Protocol:

Sweden

25 September 1973

the Kingdom of the Netherlands (for the Kingdom in Europe)

9 October 1973

Australia (for Australia, Papua and New Guinea)

10 December 1973

Denmark

24 January 1974

Norway

12 February 1974

Morocco 1)

18 September 1974

the United Kingdom of Great Britain and Northern Ireland

12 November 1974

Switzerland

30 December 1974

Canada

9 January 1975

France 2) (for all the territories of the French Republic)

16 July 1975

The Federal Republic of Germany (also for the "Land" Berlin)

13 August 1975

Yugoslavia

23 September 1976

Belgium

22 March 1977

Italy 3)

23 February 1981

Declaration of continuity by:

Slovenia

14 June 1993

Bosnia and Herzegovina

23 August 1993

The Protocol entered into force on 30 March 1975.

For each Government accepting or approving the present Protocol after that date the Protocol enters into force on the date of the deposit by such Government of its instrument of acceptance or approval.

In accordance with Article V the Government of the United Kingdom of Great Britain and Northern Ireland declared at the time of the deposit of its instrument of acceptance that the present Protocol shall extend to the

Channel Islands

Isle of Man

Territories of Falkland Islands

St. Helena

St. Vincent

Seychelles

Montserrat

St. Lucia

British Virgin Islands

(with effect as from 30 March 1975)

In accordance with Article V the Government of the United Kingdom of Great Britain and Northern Ireland declared on 16 January 1975 that the present Protocol shall extend to

the state of Brunei

Dominica

(with effect as from 15 April 1975)

In accordance with Article V the Government of the United Kingdom of Great Britain and Northern Ireland declared on 4 February 1975 that the present Protocol shall extend to

Belize

the British Solomon Islands Protectorate

(with effect as from 5 May 1975)

In accordance with Article V the Government of the Kingdom of the Netherlands declared on 1 January 1986 that the present Protocol shall extend to

Aruba

(with effect as from 1 April 1985)

Reservations and declarations

1)Subject to the following reservation:

"En cas de litige, tout recours devant la Cour Internationale de Justice doit se faire sur la base d'un consentement de toutes les parties intéressées".

2)Subject to the following reservation:

"En ce qui concerne l'article 2, la France ne se considère pas liée par ses dispositions et déclare que les différends concernant l'interprétation et l'application du Protocole qui n'auront pu être réglés par d'autres moyens, ne pourront être portés devant la Cour Internationale de justice qu'avec l'accord de toutes les parties au différend".

3)With the following declaration:

"L'Italie déclare confirmer la validité des réserves formulées lors du dépôt de l'instrument d'acceptation du Protocole relatif aux marins réfugiés, adopté à La Haye la 23 novembre 1957".

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