Speech #900316977

The White House: I have the honor to submit to you. with a view to its transmission to the Senate for advice and consent to accession. a certified copy of the Protocol Relating to the Status of Refugees. done at New York on January 31. 1967. Also enclosed for the information of the Senate is a copy of the Convention Relating to the Status of Refugees of July 28. 1951. the substantive portions of which are incorporated into the Protocol. In recommending that you submit the Protocol to the Senate. I particularly recall that the year 1968 has been designated by the United Nations as International Year for Human Rights and proclaimed by you as Human Rights Year in the United States. The Convention and the Protocol are separate instruments. Both seek to promote effective protection for refugees. and to secure for them a number of specific rights designed to improve their legal. political. economic and social status within asylum or third countries. The Protocol incorporates the Conventions definition of refugees as persons who are outside of and are unwilling to return to their respective countries of nationality or habitual residence because of "wellfounded fear of being persecuted for reasons of race. religion. nationality. membership of a particular social group. or political opinion." The Convention. however. is applicable only to persons who have become refugees as a result of events occurring before January 1. 1951. The Protocol removes this dateline and also binds acceding States to apply substantive Articles 2 through 34 of the Convention. Thus. parties to the Protocol are bound to extend to refugees the benefits of the Convention without limitation as to eligibility imposed by the Conventions dateline. The Protocol. like the Convention. requires Contracting States to cooperate with the United Nations High Commissioner for Refugees (UNHCR) and to furnish certain information regarding refugees. The Convention was adopted by a United Nations Conference of Plenipotentiaries in 1951. and has been adhered to by 53 states. It constituted the most comprehensive codification of the rights of refugees so far attempted on an international level. A fundamental provision of the Convention (Article 33) prohibits the expulsion or return of refugees to territories where their life or freedom would be threatened. Other important provisions deal with freedom of religion for refugees. the right of free access to courts of law. the right to hold gainful employment. to acquire property. to move freely. and to participate in the benefits of public education. relief. social security. unemployment compensation. and other programs. Given these rights. the opportunity exists for refugees to become selfsupporting and to live in dignity and selfrespect within asylum countries or third countries. Broader application of these rights could lead to the reduction or termination of international relief. The Protocol was developed under the auspices of the UNHCR in 1965.