AGREEMENT RELATING TO REFUGEE SEAMEN, THE HAGUE, NOVEMBER 23, 1957
AGREEMENT RELATING TO REFUGEE SEAMEN, THE HAGUE, NOVEMBER 23, 1957
Whole document
PREAMBLE
The Governments of the Kingdom of Belgium, the Kingdom of Denmark, the
French Republic, the Federal Republic of Germany, the United Kingdom of
Great Britain and Norway and Northern Ireland the Kingdom of the
Netherlands the Kingdom of Norway and the Kingdom of Sweden.
Being Governments of States Parties to the Convention of July 28,
1951, relating to the Status of Refugees,
Desirous of making further progress towards a solution of the problem
of refugee seamen in the spirit of Article 11 and of maintaining
co-operation with the United Nations High Commissioner for Refugees in the
fulfilment of his functions, especially having regard to Article 35 of the
above-mentioned Convention.
Having agreed as follows:
CHAPTER I
Article 1
For the purposes of this Agreement:
(a) the term "Convention" shall apply to the Convention relating
to the Status of Refugees of July 28, 1951;
(b) the term "refugee seaman" shall apply to any person who, being
a refugee according to the definition in Article 1 of the Convention and
the declaration or notification made by the Contracting State concerned in
accordance with Section B of that Article, is serving as a seafarer in
any capacity on a mercantile ship, or habitually earns his living as a
seafarer on such a ship.
CHAPTER II
Article 2
A refugee seaman who is not lawfully staying in the territory of any
State and who is not entitled to admission for the purpose of so staying
to the territory of any State, other than a State where he has
well-founded fear of being persecuted for reasons of race, religion,
nationality, membership of a particular social group or political
opinion, shall become entitled to be regarded, for the purpose of Article
28 of the Convention, as lawfully staying in the territory-
(a) of the Contracting Party under whose flag he, while a refugee,
has served as a seafarer for a total of 600 days within the three years
preceding the application of this Agreement to his case on ships calling
at least twice a year at ports in that territory, provided that for the
purposes of this paragraph no account shall be taken of any service
performed while or before he had a residence established in the territory
of another State;
or, if there is no such Contracting Party,
(b) of the Contracting Party where he, while a refugee, has had
his last lawful residence in the three years preceding the application of
this Agreement to his case, provided that he has not, in the meantime,
had a residence established in the territory of another State.
Article 3
A refugee seaman who on the date when this Agreement enters into
force-
(i) is not lawfully staying in the territory of any State and is
not entitled to admission for the purpose of so staying to the territory
of any State, other than a State where he has well-founded fear of being
persecuted for reasons of race, religion, nationality, membership of a
particular social group or political opinion and
(ii) is not in accordance with Article 2 of this Agreement
regarded as lawfully staying in the territory of a Contracting Party
shall become entitled to be regarded, for the purpose of Article 28 of
the Convention, as lawfully staying in the territory-
(a) of the Contracting Party which after December 31, 1945, and
before the entry into force of this Agreement last issued to, or extended
or renewed for him, while a refugee, a travel document valid for return to
that territory whether or not that document is still in force; or, if
there is no such Contracting Party.
(b) of the Contracting Party where he, while a refugee, after
December 31, 1945, and before, the entry into force of this Agreement was
last lawfully staying; or, if there is no such Contracting Party.
(c) of the Contracting Party under whose flag he, while a refugee,
after December 31, 1945, and before the entry into force of this
Agreement last has served as a seafarer for a total of 600 days within any
period of three years on ships calling at least twice a year at ports in
that territory.
Article 4
Unless otherwise decided by the Contracting Party concerned, a refugee
seamen will cease to be regarded as lawfully staying in the territory of a
Contracting Party when he, after the date upon which he, in accordance
with Article 2 or 3 of this Agreement, last became entitled to be so
regarded-
(a) has established his residence in the territory of another
State, or
(b) within any period of six years following that date, has been
serving a total of 1 350 days on ships flying the flag of one other State,
or
(c) within any period of three years following that date, neither
has served at least a total of 30 days as a seafarer on ships flying the
flag of that Contracting Party and calling at least twice a year at ports
in its territory nor has stayed for at least a total of ten days in the
territory of that Party.
Article 5
For the purpose of improving the position of the greatest possible
number of refugee seamen, a Contracting Party shall give sympathetic
consideration to extending the benefits of this Agreement to refugee
seamen who, according to its provisions, do not qualify for those
benefits.
CHAPTER III
Article 6
A Contracting Party shall grant to a refugee seaman in possession of a
travel document issued by another Contracting Party and valid for return
to the territory of that Contracting Party the same treatment as regards
admission to its territory in pursuance of a previous arrangement to serve
on a ship, or for shore-leave, as is granted to seafarers who are
nationals of the last mentioned Party, or at least treatment not less
favourable than is granted to alien seafarers generally.
Article 7
A Contracting Party shall give sympathetic consideration to a request
for temporary admission to its territory by a refugee seaman who holds a
travel document valid for return to the territory of another Contracting
Party with a view to facilitating his establishment in another State or
for other good reason.
Article 8
A Contracting Party shall endeavour to ensure that any refugee seaman
who serves under its flag and cannot obtain a valid travel document is
provided with identity papers.
Article 9
No refugee seaman shall be forced, as far as it is in the power of the
Contracting Parties, to stay on board a ship if his physical or mental
health would thereby be seriously endangered.
Article 10
No refugee seaman shall be forced, as far as it is in the power of the
Contracting Parties, to stay on board a ship which is bound for a port,
or is due to sail through waters, where he has well-founded fear of
persecution for reasons of race, religion, nationality, membership of a
particular social group or political opinion.
Article 11
The Contracting Party in the territory of which a refugee seaman is
lawfully staying or, in accordance with this Agreement, is for the purpose
of Article 28 of the Convention regarded as lawfully staying, shall admit
him to its territory if so requested by the Contracting Party in whose
territory that seaman finds himself.
Article 12
Nothing in this Agreement shall be deemed to impair any rights or
benefits granted by a Contracting Party to refugee seamen apart from this
Agreement.
Article 13
(1) A Contracting Party may, for compelling reasons of national
security or public order, consider itself released from the obligations
incumbent on it under this Agreement with regard to a refugee seaman. The
refugee seaman in question shall be allowed such period as may be
reasonable in the circumstances to submit to the competent authority
evidence to clear himself, except where there are reasonable grounds for
regarding the refugee seaman in question as a danger to the security of
the country where he is.
(2) A decision made in accordance with paragraph 1 of this Article
does not, however, release the Contracting Party in question from its
obligations under Article 11 of this Agreement with respect to a refugee
seaman to whom it has issued a travel document, unless the request for
admission to its territory is presented to that Party by another
Contracting Party more than 120 days after the expiration of that travel
document.
CHAPTER IV
Article 14
Any dispute between the Contracting Parties relating to the
interpretation on application of this Agreement. 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 15
This Agreement shall be subject to ratification. Instruments of
ratification shall be deposited with the Government of the Kingdom of the
Netherlands.
Article 16
This Agreement shall come into force on the 90th day following the day
of deposit of the eight instrument of ratification.¢Ù
[ ¢Ù The Agreement entered into force on December 27, 1961.]
Article 17
(1) Any Government which undertakes obligations with respect to
refugee seamen under Article 28 of the Convention or obligations
corresponding thereto may accede to this Agreement.
(2) Instruments of accession shall be deposited with the Government of
the Kingdom of the Netherlands.
(3) This Agreement shall come into force with respect to each acceding
Government on the 90th day following the day upon which its instrument of
accession was deposited, but not before the date of entry into force as
defined in Article 16.
Article 18
(1) Any Government may, at the time of ratification or accession or at
any time thereafter, declare that this Agreement 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 17.
(2) Such extension shall be made by a notification addressed to the
Government of the Kingdom of the Netherlands.
(3) The extension shall take effect on the 90th day following the day
upon which the notification was received by the Government of the Kingdom
of the Netherlands, but not before the date of entry into force as defined
in Article 16.
Article 19
(1) A Contracting Party may denounce this Agreement 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, provided that where the Agreement has been denounced by a
Contracting Party, any other Contracting Party after consulting the
remaining Parties, may denounce the Agreement with effect from the same
date, so however that not less than six months' notice is given.
Article 20
(1) A Contracting Party which has made a notification under Article 18
may, at any time thereafter, by a notification addressed to the Government
of the Kingdom of the Netherlands, declare that the Agreement shall cease
to apply to the territory or territories specified in the notification.
(2) The Agreement shall cease to apply to the territory concerned one
year from the date upon which the notification was received by the
Government of the Kingdom of the Netherlands.
Article 21
The Government of the Kingdom of the Netherlands shall inform the
Governments mentioned in the Preamble and all acceding Governments of
deposits and notifications made in accordance with Articles 15, 17, 18, 19
and 20.
IN WITNESS WHEREOF, the undersigned, duly authorised to that effect,
have signed this Agreement.
DONE AT THE HAGUE, this twenty-third day of November 1957, in the
English and French languages, both texts being equally authoritative, in a
single copy which shall remain deposited in the archives of the Government
of the Kingdom of the Netherlands, which shall transmit certified true
copies thereof to the Governments mentioned in the Preamble and all
acceding Governments.
Signatories: Belgium, Denmark, France, Federal Republic of Germany,
United Kingdom of Great Britain and Northern Ireland, Netherlands, Norway,
Sweden.
Ratifications: United Kingdom of Great Britain and Northern Ireland,
August 9, 1958; Belgium, May 16, 1960; Denmark, September 2, 1959;
France, June 20, 1960; Federal Republic of Germany, September 28, 1961;
Netherlands August 27, 1959; Norway, May 28, 1959; Sweden, May 28, 1959.
Accessions: Monaco, April 11, 1960; Morocco, May 20, 1959.
Extensions: Jersey, Guernsey and the Isle of Man, October 14, 1959;
British Honduras, British Solomon Islands, Protectorate, Dominica,
Falkland Islands, Fiji, Gambia, Gilbert and Ellice Islands, Grenada,
Jamaica, Mauritius, St. Helena, St. Vincent, Seychelles, all July 21,
1961.
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