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Scope Of The Convention Relating To The Status Of Refugees

Original Language Title: Geltungsbereich der Konvention über die Rechtsstellung der Flüchtlinge

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217. Presentation of the Federal Chancellor concerning the scope of the Convention on the Status of Refugees

According to the United Nations Secretary-General's communications, the following other countries have their accession instruments to the Convention on the Status of Refugees (BGBl. N ° 55/1955, last proclamation of the BGBl scope. III No 190/1998):

States:

Date of deposit

the instrument of accession:

Afghanistan

30 August 2005

Belarus

23 August 2001

Georgia

9 August 1999

Kazakhstan

15 January 1999

Mexico

7 June 2000

Moldova

31 January 2002

St. Kitts and Nevis

1 February 2002

Swaziland

14 February 2000

Timor-Leste

7 May 2003

Trinidad and Tobago

10 November 2000

Ukraine

10 June 2002

Serbia and Montenegro have declared that they will continue to be bound by the Convention with effect from 27 April 1992.

The following States have declared their obligations under this Convention to be bound by the alternative b of paragraph 1 of Section B of Article 1 of this Convention for the following:

Afghanistan, Belarus, Georgia, Kazakhstan, Mexico, Moldova, St. Kitts and Nevis, Serbia and Montenegro, Swaziland, Timor-Leste, Trinidad and Tobago.

In addition, on the occasion of the deposit of their instrument of accession, the following countries have the following reservations, Statements made:

Georgia:

Pursuant to Article 40 (1) of the Convention, before the full restoration of the territorial unit of Georgia, this Agreement shall apply only to the territory on which the jurisdiction of Georgia is exercised.

Mexico:

Interpretative statements:

The Mexican Government will reserve the right to refugee status, in accordance with the legislation in force and without prejudice to the definition contained in Article 1 of the Convention and Article 1 of the Protocol to the Convention. to determine and to grant.

Under national law, the Mexican Government is empowered to provide greater facilities for refugees, in the context of their population policy, and in particular their refugee policy, with regard to naturalisation and integration. as foreigners in general.

Reservations:

The Mexican Government is convinced that it is important that all refugees have the opportunity to enter paid employment in order to secure their livelihood, and confirm, within the framework of the legal system, that they have the right to to provide for the same treatment as foreigners in general, including laws and other rules that determine the percentage of foreign workers who may be employed by entrepreneurs in Mexico; which does not fulfil the obligations of employers in relation to employment of foreign workers.

However, since the Mexican Government does not allow refugees who fulfil the conditions laid down in Article 17 (2) (a), (b) and (c) of the Convention to the automatic extension of the conditions to be met for the granting of a work permit, , it shall declare an express reservation on the above-mentioned provisions.

The Mexican Government reserves the right, in accordance with national law, to allocate one or more places of residence to refugees and the conditions for changing the place of residence within the Mexican State. It therefore declares an express reservation in respect of Articles 26 and 31 (2).

Without prejudice to compliance with the principle of prohibition of expulsion laid down in Article 33 of the Convention, the Mexican Government shall, pursuant to Article 33 of the Constitution of the United Mexican States, declare an express reservation to: Article 32 of the Convention.

Moldova:

1.

According to Article 40 (1) of the Agreement, Moldova declares that before the full restoration of the territorial unity of the Republic of Moldova, the provisions of this Agreement shall apply only to the territory on which the Jurisdiction of the Republic of Moldova shall be exercised.

2.

The Republic of Moldova will apply the provisions of this Agreement without making any difference on the grounds of race, religion or country of origin, as stated in Article 3 of the Agreement.

3.

For the purposes of this Agreement, the term "residence" shall be understood to mean the permanent and legal place of residence.

4.

In accordance with Article 42 (1) of the Convention, Moldova reserves the right not to apply the provisions of the Convention to which refugees are not to be accorded less favourable treatment than they are otherwise usually granted to strangers. interpret that they are obliged to treat refugees as nationals of those States with which the Republic of Moldova has concluded regional customs agreements, economic, political and social insurance agreements.

5.

Pursuant to Article 42 (1) of the Agreement, the Republic of Moldova reserves the right to consider the provisions of Article 13 as recommendations and not as obligations.

6.

Pursuant to Article 42 (1) of the Agreement, the Republic of Moldova reserves the right to consider the provisions of Article 17 (2) as recommendations and not as obligations.

7.

In accordance with Article 42 (1) of the Agreement, Moldova interprets the provisions of Article 21 of the Agreement as non-compulsory to grant accommodation to refugees.

8.

The Government of the Republic of Moldova reserves the right to interpret the provisions of Article 24 in such a way that it does not infringe the constitutional and national provisions relating to the right to work and social protection.

9.

In accordance with Article 42 (1) of the Convention, the Republic of Moldova reserves the right, on the occasion of the implementation of Article 26 of this Agreement, to provide residence for certain refugees or groups of refugees in the interests of the State and of society. set up.

10.

The Republic of Moldova will apply the provisions of Article 31 of this Agreement from the date of the entry into force of the Law on the Status of Refugees.

Timor-Leste:

In accordance with Article 42 of the Convention, the Democratic Republic of Timor-Leste declares reservations on the occasion of its accession to Article 16 (2), (20), (21), (22), (23) and (24).

According to other communications from the Secretary-General of the United Nations, the following countries have withdrawn, in part or in part, the reservations and declarations declared on the occasion of the deposit of their instrument of accession, or changed:

Malta:

Malta has its obligations under this Convention with effect from 17. January 2002 a change to alternative b of Section 1 of Section B of Art. 1 and with the same date its reservations 1 Article 7 (2), Articles 14, 27, 28, 7 (3), 4 and 5, Art. 8, 9, 17, 18, 31 and 32.

With effect from 24 February 2004, Malta withdrew its reservations concerning Articles 23, 11 and 34 of the Convention.

Finland:

7. The Government of the Republic of Finland informed the Secretary-General of the United Nations in October 2004:

While the accession certificate reservations 1 , inter alia, on Art. 7 (2), Art. 8, Art. 12 (1), Art. 24 (1) (lit). b and para. 3, Art. 25 and Article 28 (1) of the Convention, the Government of Finland hereby withdraws the above reservations, subject to the general reservation concerning nationals of Denmark, Iceland, Norway and Sweden and of the Reservation on Art. 24 (1) (lit). b and paragraph 3.

According to a further note by the Secretary-General of the United Nations, China stated on 3 December 1999 that the Convention, with the declared reservation of China, is also applicable to the Macao Special Administrative Region.

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