ASYLANSØGERE PÅ VEJ MOD ARBEJDE

Human Rights and Democracy course

Human Rights and Democracy course for asylum seekers

Danish Red Cross Asylum Department Culture House

Spring 2006

Contents Report Annexes A. General information about the course •

Aims and objectives

•

Programme

•

Evaluation

•

Lesson plans

•

Exercises

•

New Times, June 2006 edition.

•

Certificate

B. Study material handed out to participants: •

‘Human Rights’ in ‘The Global Guest Teacher, Eva Iversen, AFS Interkultur, 1999 (p. 54-56)

•

Website reference: The Universal Declaration in over 300 languages at the Web site of the Office of the High Commissioner for Human Rights: http://www.unhchr.ch/udhr/

•

Universal Declaration of Human Rights*

•

International Covenant on Civil and Political Rights*

•

International Covenant on Economic, Social and Cultural Rights*

•

Notes on protection, monitoring & enforcement

•

Convention relating to the Status of Refugees

•

Protocol relating to the Status of Refugees

•

The 1951 Refugee Convention – Q & A (UNCHR website)

•

Refugees have rights – Questions and Answers (Amnesty International Website)

•

‘Democracy’ in ‘The Global Guest Teacher, Henriette Christiansen, AFS Interkultur, 1999 (p. 62-64)

•

The Danish Constitution (www.denmark.dk)

•

Background information on Human rights in English, Russian and Arabic from: Compass. A manual on Human Rights Education with Young People, Brander, Keen & Lemineur, Council of Europe Publishing, 2002, (chapter 4). http://eycb.coe.int/compass/

*These documents are from The Human Rights Education Associates website: (www.hrea.org). *Summaries of these documents in participants’ native languages were used for quick reference from: Compass http://eycb.coe.int/compass/

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Introduction The course was a pilot project that aimed to give asylum seekers a general introduction to the themes of democracy and human rights and an opportunity to see how these are practiced in Danish society. Emphasis was put on having an open and non-dogmatic perspective on democracy and human rights and on giving the participants the possibility to develop their personal knowledge, skills and attitudes. The course focused on five topics: an introduction to human rights, economic and social rights, civil and political rights, the right to asylum and democracy. Participants were 12 members of the media group in the Danish Red Cross Asylum Department. The media group produces the bi-monthly newspaper, New Times, which is distributed to asylum centres, authorities, institutions, the media and interested groups. Each edition focuses on an issue related to asylum. As a product of the course, the June 2006 edition of New Times was written with the theme of human rights and democracy. The course facilitators were: Osama Al-Habahbeh: [email protected], Eva Iversen: [email protected] and Patricia Brander: [email protected].

Aims and objectives The overall aim of the course was to train asylum seekers (members of the media group) in human rights and democracy in general, with examples of how it is practiced in Denmark, in order that they may produce an edition of New Times on the themes of human rights and democracy. We defined ten objectives relating to: •

knowledge and understanding of key concepts of human rights and democracy, the major international instruments, and examples of how these are practiced in Denmark.

•

attitudes and values of curiosity, an open mind, a sense of human dignity and a sense of responsibility for ones own actions, in particular in relation to the role of a journalist.

•

skills to listen actively and communicate, be able to listen to different points of view, to advocate their own rights and those of other people, think critically and find relevant information. Finally they should be able to write newspaper articles about human rights and democracy using the freedom of speech in a responsible way

Please refer to the full list of aims and objectives in the annex.

Methods Each of the topics was treated using the following methods: •

presentations by the facilitators and reading selected primary texts to give the participants the theoretical background knowledge about the themes

•

study visits to Danish institutions to give the participants an insight into how human rights and democracy are practiced in Denmark

•

discussions, exercises and roleplays to enable the participants to develop their own personal attitudes towards the themes and gain basic skills for democratic debate

•

production of articles for the New Times to teach the participants how to convey information/create debate on the topics

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The course Below is a brief description of the course. For further details about the content please refer to the documents in the annexes: programme, lesson plans and exercises, study material as well as the June 2006 edition of New Times. The first part of the course was an introduction to the concept of human rights. This was done through short presentations by the facilitators and individual study of the main international human rights documents (the International Bill of Rights), followed by a discussion exercise. The second theme, economic and social rights, was introduced with a short discussion about the International Covenant on Economic, Social and Cultural Rights that lead up to a study visit to the Danish celebration of international labour day on May 1st in Copenhagen, where the group were able to make interviews. The following day was left for participants to write up notes from the visit. The third theme, civil and political rights, started by giving the participants an overview of the international system for monitoring, protecting and enforcing human rights in general as well as information about the role of NGO’s. A short discussion followed about the International Covenant on Civil and Political Rights, and a role play (the rights of hooligans) in order to stimulate discussion about conflicting rights. The right to asylum was chosen as the fourth theme because it is of special interest to the participants. In preparation they read the Convention and the Protocol relating to the Status of Refugees, and background information from UNCHR and from Amnesty International. The documents were discussed briefly leading up to two study visits, one to the Refugee Coordinator at Amnesty International and the second to an expert in nondiscrimination at the Institute for Human Rights. Participants asked questions with a view to producing articles later for the New Times. After the visits, five days were left for the participants to write articles under the supervision of one of the facilitators. The final theme was democracy. Participants read a short article about democracy, after which they asked questions. Then an exercise was organised (formulating a smoking policy in the Culture House) in order for the participants to understand and to practice basic principles of democracy (debating, negotiating, taking into account the rights of minorities, practicing representative democracy etc.). The next day a study visit was organised to the Danish parliament, where the participants meet with an MP. The final day of the programme the participants got feedback on their articles and we made a review of the course.

Evaluation Three methods were used to evaluate the course: •

a short quiz designed to give a picture of whether we had met our objectives in relation to the knowledge, skills and attitudes to be gained by participants during the course. The same quiz was given to participants on the first and last days of the course;

•

a questionnaire was used at the end of the course. Participants were asked to rate each theme and the methods used. They were also asked to provide additional comments;

•

an open discussion were participants were able to express their opinions about the course.

(Please refer to the annex to see the evaluation as well as the quiz and the review questionnaire). The evaluations show that the participants were very interested in the themes and found them relevant for their own situation as asylum seekers. In general, they also gave a very positive evaluation of the course. Most of them had limited prior knowledge of the themes, and they gained a significant insight into facts about human rights and democracy. Whether the participants developed their skills and their attitudes towards human rights and democracy is more difficult to assess based only on the questionnaires, but many mentioned during the course, and as comments in the oral evaluation, that they very much enjoyed the exercises and the

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discussions which they felt had allowed them to develop democratic skills and a better understanding of the points of views of others. Some participants expressed that it was disappointing to learn about human rights, and at the same time, as asylum seekers, be themselves deprived of many of those rights. Some also were critical about the institutions visited during study visits because they felt that these didn’t do enough for the case of asylum seekers. The participants generally enjoyed the different teaching methods used, and in particular appreciated the study visits and the exercises, even though they were unfamiliar with these methods. Most participants wished the course had been longer.

Lessons learned and suggestions for the future The lessons to be learned from the evaluation as well as from the observations and reflections of the facilitators can be summarised as:

Motivation Participants were very interested and motivated to learn about democracy and human rights and found it very relevant to their situation as asylum seekers. They recommend that all asylum seekers have a similar course with the first 3 months of their stay in Denmark.

Methods The participants enjoyed the variety of methods used, especially the study visits and exercises. Most participants came from backgrounds where teaching is usually formal classroom teaching, and they are not used to exercises, games and role plays. It is important to take this into consideration and to ‘build up’ by starting with simple exercises (like discussion exercises) and to move on to more challenging ones (like role plays). One should also remember the vulnerable situation that many asylum seekers find themselves in and use examples are not too personal for the participants or which could raise conflicts.

Level The level chosen in this project seemed to match that of the group (literate, good English skills and experienced in writing articles for New Times). Nonetheless, the programme turned out to be too intense as more time was needed to explain concepts and to discuss. With regards to language we used English as the medium of instruction and English versions of all documents in order to have a common basis. We also made the documents available in the native languages of the participants and made sure during lessons that everyone was able to follow.

Difficulties Several of the participants found it hard to focus on the subject being dealt with. Participants had a tendency to be more interested in their own situations as asylum seekers and to shift the focus to this issue. Another challenge was to make participants distinguish between facts (knowledge) and opinions (attitudes). Discussions supposed to be focused on facts at times became blurred by participants expressing their own opinions and the same was also the case with the drafts of the articles written for the New Times.

Concrete output It was very useful to have a concrete output in the form of New Times; it gave the project a focus and also gave participants an immediate possibility to put into practice some of what they learned. It is important to have the production of the output as an integral part of the course and to guide participants with regards to choosing the theme for the articles, the structure and focus as well as assisting them in finding and checking facts, making notes at interviews etc. (especially taking into consideration the difficulties in distinguishing between facts and opinions).

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Claiming rights We should have taken more into account the asylum seekers’ feelings of frustration due to their limited rights and opportunities. In future we should consider including examples of how human rights are a powerful tool for justice and give participants more information about ways in which they could use the skills and knowledge they gain in the course, for example by including more teaching on NGOs and their role in civil society. We could also give examples of how different groups of people are successfully claiming their rights through civil action such as demonstrations, happenings, petitions, getting public support through the arts and national media and Internet and through legal action at national and European level. It would be very valuable if there were more opportunities for asylum seekers to practice participatory democracy in the Centres and at the Culture House.

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Aims and objectives Aim: To train asylum seekers (members of the media group) in human rights and democracy in general, with examples of how it is practiced in Denmark in order that they may produce an edition of New Times on the themes of human rights and democracy.

Objectives: At the end of the course participants will be able to demonstrate: Knowledge and understanding of: 1. Key concepts such as civil and political and social and economic rights, rights of refugees, freedom, equality, democracy, rights and responsibilities 2. The idea that human rights provide a framework for negotiating and agreeing standards of behaviour 3. Human rights and democracy as practiced in Denmark (for example in parliament, human rights institutions and NGOs, the workplace, the press, trade unions and the general public) 4. The major international instruments that exist to implement the protection of human rights – such as the Universal Declaration of Human Rights (UDHR), the covenants on civil and political rights and on economical, social and cultural rights and the convention relating to the rights of refugees. Skills to: 5. Listen actively and communicate, be able to listen to different points of view, to advocate ones own rights and those of other people 6. Think critically, find relevant information, appraise evidence critically, be aware of preconceptions and biases, recognise forms of manipulation and make decisions on the basis of reasoned judgements 7. Write newspaper articles about human rights and democracy using freedom of speech in a responsible way. Attitudes and values of: 8. Curiosity, an open mind and an appreciation of diversity 9. A sense of human dignity of self worth and of others worth irrespective of social, cultural, linguistic or religious differences 10. A sense of responsibility for ones own actions in particular in relation to the role of a journalist.

Human Rights and Democracy course for asylum seekers - Danish Red Cross Culture House - Spring 2006

What are human rights? Historical background Key concepts Main documents

Monday 24 Tuesday 25 1.Introduction to the Study day course: Presentation of participants and teachers Programme

Wednesday 26 Study day

24- 28 April 2006

Human Rights and Democracy course for asylum seekers - Danish Red Cross Culture House - Spring 2006

1200 – 12.30 Lunch 12.30 – 14.30

11.00 – 12.00

Programme for Week: 17 Thursday 27 NO LESSONS

13.30-14.30: Preparation for international workers day: How to make interviews on economic and social rights

2. Economic and social rights: International documents

Friday 28 What are human rights? Discussions

Continued

Tuesday 2 Writing articles

Continued

Wednesday 3 3. Civil and political rights International documents, discussions and exercises

1 – 5 May 2006

Human Rights and Democracy course for asylum seekers - Danish Red Cross Culture House - Spring 2006

1200 – 12.30 Lunch 12.30 – 14.30

11.00 – 12.00

Monday 1 2. Economic and social rights: Study visit to celebration of the international workers day in Fælledparken

Programme for Week: 18 Thursday 4 NO LESSONS

Preparation for study visits

Friday 5 3. Civil and political rights: The right to asylum. Introduction.

13 – 14.30 Study visit to Amnesty International : International documents and practice/The situation in Denmark Summing up on study visit

Tuesday 9 11.30 – 13: Study visit to Institute for Human Rights: International documents and practice/The situation in Denmark

Writing articles

Wednesday 10 Writing articles

8 – 12 May 2006

Human Rights and Democracy course for asylum seekers - Danish Red Cross Culture House - Spring 2006

1200 – 12.30 Lunch 12.30 – 14.:

11.00 – 12.00

Monday 8 3. Civil and political rights: The right to asylum. Preparation for study visit

Programme for Week: 19 Thursday 11 NO LESSONS

Friday 12 HOLIDAY

Writing articles

11.00 – 12.00

1200 – 12.30 Lunch 12.30 – 14.30 Continued

Tuesday 16 Writing articles

Writing articles

Wednesday 17 Writing articles

15 – 19 May 2006

Human Rights and Democracy course for asylum seekers - Danish Red Cross Culture House - Spring 2006

Monday 15 Writing articles

Programme for Week: 20 Thursday 18 NO LESSONS

Writing articles

Friday 19 Writing articles

Continued

The formal structures of a democracy

Tuesday 23 4. Democracy: Study visit: 1100– 1200 The Danish Parliament

Continued

Wednesday 24 Writing articles

22 – 26 May 2006

Human Rights and Democracy course for asylum seekers - Danish Red Cross Culture House - Spring 2006

1200 – 12.30 Lunch 12.30 – 14.30

11.00 – 12.00

Monday 22 4. Democracy Learning and practicing democracy

Programme for Week: 21 Thursday 25 NO LESSONS

Continued

Friday 26 Summing up end of course Feedback on articles

Evaluation Aims and objectives of the course The overall aim of the course was to train asylum seekers (members of the media group) in human rights and democracy in general, with examples of how it is practiced in Denmark in order that they may produce an edition of New Times on the themes of human rights and democracy. We defined ten objectives relating to knowledge, skills and attitudes. At the end of the course participants should be able to •

demonstrate knowledge and understanding of key concepts of human rights and democracy, the major international instruments, and examples of how it is practiced in Denmark.

•

demonstrate the skills to listen actively and communicate, be able to listen to different points of view, to advocate their own rights and those of other people think critically and find relevant information. Finally they should be able to write newspaper articles about human rights and democracy using the freedom of speech in a responsible way.

•

demonstrate attitudes and values of curiosity, an open mind, a sense of human dignity, of self worth and of others worth, and a sense of responsibility for ones own actions in particular in relation to the role of a journalist.

Methods for evaluating Three methods were used for evaluating the course: a quiz before and after the course, a review at the end of the course and a discussion with the participants (please see below the forms used including the scores and summarised answers given by the participants).

The quiz On the first day we asked the participants to answer 10 questions in a quiz (each question corresponding to one of the defined objectives). On the last day we again asked participants to answer the same questions. The purpose was to get a picture of whether we had met our objectives and the participants had gained the knowledge, skills and attitudes as hoped. We chose to do this in the form of a quiz in order to make it more fun and so that participants would not feel that it was a sort of exam. The first section of the quiz was designed to measure the knowledge participants gained during the course. It shows that the majority of participants were significantly better in answering factual questions about human rights after the course. For example, they were able to name rights listed in the Universal Declaration of Human Rights and give the names of the most important international documents, as well as answering questions about the historical development of rights (it should be noted that one of the questions were misunderstood because of problems with understanding English). In the second section of questions were designed to give an idea of the development in the participants’ own evaluation of their skills. It is difficult to conclude anything on the basis of the answers to these questions. Few of the participants demonstrated ability to reflect either on what the essential skills for communication are or on the role of the journalist in interpreting factual events (there wasn’t any significant change from before to after the course either in the way these questions were answered). However it should be noted that it is difficult to measure skills in this way: The participants could have gained new skills, but not necessarily be able to reflect on it themselves. The final questions in the quiz addressed the participant’s attitudes and values by asking: if they saw themselves as open-minded (most participants did); if they thought any cultural or religious practices should be forbidden (here the group was split); and finally if there should be any limits to the freedom of speech (most said yes, there should be limits). There appears to have been some changes during the course in that some of the answers showed a greater reflection, such as giving as an example of their open-mindedness that they could see the others’ points of view and of being unbiased when writing.

Human Rights and Democracy course for asylum seekers - Danish Red Cross Culture 1 House - Spring 2006

The review The second method applied was a review of the course carried out on the last day consisting of a questionnaire where the participants were asked to rate (from 1-5) each theme treated on the course and the methods used. They were also asked to provide additional comments. The review of the themes gave the highest average score, 4 signifying ’interesting’ to the introduction to human rights and the theme of democracy, whereas the other themes were rated 3 (= OK) on average. With regards to the methods used, study visits and exercises were most popular (rated 4 on average), and the private reading, classroom teaching and discussion as well as the writing of articles was rated 3 on average. Most of the written comments were not very informative, they rather underlined the score given by saying for example ‘interesting’ or ‘good activity’. Many people commented that the idea of having this course was very welcome and interesting because it was something new for them, and because they found it very relevant for them as asylum seekers to know more about rights in general and of those of asylum seekers in particular. Mixed comments came out especially concerning the quality of each particular study visit. A few found the visit to the May 1st very boring. In relation to the visits to Amnesty and to the Institute for Human Rights some found them very informative and relevant and others expressed in different ways disappointment that these organisations do not have more influence or do more for the rights of asylum seekers in Denmark. (It should be noted here that the objective of the visits was to gain insight into the rights to asylum and into the work of the organisations. We wished to find out in the evaluation if the visits served this purpose of finding information, not what the participants’ opinion about the organisations was). A general comment made by most participants was that more time was needed for the course. Some also said that more time was needed specifically for different methods (study visits, explaining details in study material, discussions).

The discussion The final method for evaluating the course was a general discussion with the participants, where the participants expressed their opinions about the course. The main points that were made were: Learning about human rights is very important for all asylum seekers because it gives them facts they can argue about. Such a course should be given to all asylum seekers within the first 3 months of their stay There should be discussions about concepts such as equality, especially gender equality What use is this knowledge to me? How can I claim my rights? Suggestions were made to include more “success” stories & info about the work of NGOs and other pressure groups, petitions, demonstrations.

Human Rights and Democracy course for asylum seekers - Danish Red Cross Culture 2 House - Spring 2006

Review of the course Please score and make a comment on each of the sessions. (For example comment on what you liked, disliked, suggestions for improvements or give an example of what you learnt) Score: 5 = very interesting

4 = interesting

3 = OK

2 = not interesting

Average scores are included below: Session

Score

Comment

Introduction to the course: Presentation of participants and teachers

4

Programme What are human rights?

4

Lesson: Historical background, key concepts, main documents What are human rights?

4

Discussions Economic and social rights:

3

Presentation of international documents Preparation for international workers day Economic and social rights:

3

Study visit to celebration of the international workers day in Fælledparken Civil and political rights Presentation of international documents

3

3Civil and political rights

3

Exercise: Role play on football hooligans Civil and political rights: The right to asylum. Presentation of documents

3

Civil and political rights:

3

Lesson: Introduction to Amnesty International. The role of NGOs Civil and political rights:

3

Study visit to Amnesty International Human Rights and Democracy course for asylum seekers - Danish Red Cross Culture 3 House - Spring 2006

1= not at all interesting

Civil and political rights:

4

Study visit to Institute for Human Rights: Democracy

3

Lesson: Historical background, forms of democracy Democracy

4

Exercise in practicing democracy: A smoking policy for the Culture House

Democracy:

4

Study visit: The Danish Parliament Democracy:

3

The formal structures of a democracy, lesson on the Danish constitution Other comments on the content of the teaching.

Human Rights and Democracy course for asylum seekers - Danish Red Cross Culture 4 House - Spring 2006

We would also like to have your feedback on the various teaching and learning methods we used. Method

Score

Prepared study material

4

Private reading

3

Classroom discussions

3

Study visits

4

Lessons / formal teaching

3

Exercises

4

The process of writing the articles

3

Comment

Human Rights and Democracy course for asylum seekers - Danish Red Cross Culture 5 House - Spring 2006

Human rights and democracy quiz.

26 May 2006

10 participants filled in the quiz-questionnaire before the course and after the course. A summary of the answers is given here below: 1. Can you list 3 of the rights listed in the UDHR (Universal declaration of human rights)? a. Before: 3 could not answer this question, and some of the answers given by the others were not correct. b. After: All participants answered this question correctly. 2. In 1948 when the UN adopted the UDHR there were 8 countries which did not vote for it. What was their objection? a. Before: No one could answer this question. b. After: 5 participants now gave the right answer to this question. 3. When did Denmark get universal suffrage? (What year did all adults get the right to vote in Denmark?) a. Before: No one had the right answer, only 3 attempted to answer. b. After: 3 participants answered the question correctly, 3 did not answer and the rest misunderstood the question to be: At what age are you allowed to vote in Denmark? (this they answered correctly, though). 4. Name three major international human rights documents a. Before: 4 participants attempted to answer this question, but only one could mention three documents. b. After: All but one person answered the question, the rest were all able to mention three documents (however no one was able to give the exact name of any document). 5. Name 2 skills that are essential for effective communication a. Before: 6 gave relevant answers (3 of them more detailed). 2 gave irrelevant or no answers, and 2 misunderstood the question and gave answers relating to information technology. b. After: The answers were of almost the same nature. 6. If you were a journalist, what would be the difference between a “freedom fighter” and a “terrorist”? a. Before: all answered the question by giving their own definition of the difference between a freedom fighter and a terrorist, but no one reflected on the way that journalists use these concepts in the media. b. After: The answers were of almost the same nature. 7. According to internationally agreed human rights standards, are there any limits to the freedom of speech? a. Before: 4 answered correctly. b. After: 7 answered correctly. 8. Do you see yourself as an open-minded person? Give an example? a. Before: Almost all saw themselves as open minded. Some gave as example that they are tolerant and respect the opinion of others. b. After: A few did not answer the question, but the rest saw themselves as open minded. The examples given now also included: seeing the others’ point of view, being neutral when writing. 9. Are there any cultural or religious practices you think should be forbidden? Name two. a. Before: 5 said yes, 3 said no, and 2 were left undecided. b. After: Almost the same. 10. Do you think there should be limits to the freedom of speech? Why? Human Rights and Democracy course for asylum seekers - Danish Red Cross Culture 6 House - Spring 2006

a. Before: One said no, 9 said yes, giving mainly the reason of not hurting other people’s feelings or religion. b. After: Almost the same.

Human Rights and Democracy course for asylum seekers - Danish Red Cross Culture 7 House - Spring 2006

LESSON PLANS Week: 17 Monday 24 april 1.Introduktion to course: Presentation of participants and teachers Program E, P,O

Hours 1h

What is Human Rights Historical background Key concepts Main documents E,P

1h

1h

Content • Presentation of teachers and participants •

Exercise: questionnaire on Human rights (Patricia)

•

Presentation of the program (Patricia)

•

Presentation (based on the article: ‘Human Rights’ in ‘The Global Guest Teacher), - including presentation and handing out study material (Eva)

Handouts to participants: - Eva Iversen: ‘Human Rights’ in ‘The Global Guest Teacher, 1999,AFS Interkultur, (p. 54-56) - Universal Declaration of Human Rights - International Covenant on Civil and Political Rights - International Covenant on Economic, Social and Cultural Rights - Summaries of documents (total app. 30 pages) - Introduction to: The Universal Declaration in over 300 languages at the Web site of the Office of the High Commissioner for Human Rights: http://www.unhchr.ch/udhr/ - (NB: reference to the Universal Declaration will be

made in all subsequent lessons)

Human Rights and Democracy course - Danish Red Cross Culture House - Spring 2006

Lesson plans page 1

Friday 28 april What is human rights? E,P

Hours 1h

2. Economic and social rights: International documents, discussions E

1h

•

Discussion on international documents (Eva): - International Covenant on Economic, Social and Cultural Rights

13.30-14.30: Preparation for international workers day: How to make interviews on economic and social rights? O

1h

•

Preparing questions for study visit (Osama)

Content • Exercise: Dilemma-discussion of questions (see questions above) (Eva and Patricia) (please see exercise 1).

Week: 18

Monday 1 2. Economic and social rights: Study visit to celebration of the international workers day in Fælledparken P

Hours Content 3h • Interviews in Fælledparken (Patricia)

Human Rights and Democracy course - Danish Red Cross Culture House - Spring 2006

Lesson plans page 2

Wednesday 3 3. Civil and political rights International documents, discussions and exercises E,P

Hours 1h

Content • Discussion on international documents (Eva) - Monitoring and protection of Human Rights - International Covenant on Civil and Political Rights Keywords for discussion & exercises: -

Continued P

2h

•

Should there be any limits to the civil and political rights? Why are only some of the articles in the Covenant free from derogation under any circumstances? What can be done to ensure protection of civil and political rights more effectively? Are conventions and monitoring systems useful?

Exercise: Role play on hooligans (Patricia) (please see exercise 2) Should we impose restrictions on some peoples rights in order to protect the rights of others? Should hooligans have their passports taken? Should they be denied their right of assembly?

Handout to participants for the next theme: - Convention relating to the Rights of Refugees - Protocol relating to the Status of Refugees (total 16 pages) Friday 5 3. Civil and political rights: The right to asylum. Preparation for study visit E

Hours 1h

O

2

Content • Introducing the theme: The Right to Asylum (Eva)

•

Preparing questions for the study visit (Osama)

Human Rights and Democracy course - Danish Red Cross Culture House - Spring 2006

Lesson plans page 3

Week: 19 Date:

Monday 8 Hours 3. Civil and political 1h rights: The right to asylum. Preparation for study visit P,O

Content • Introducing Amnesty International (Patricia) • Preparing questions for the study visit (Osama)

Study visit to Amnesty International : International documents and practice/The situation in Denmark P

2h

Study visit: • International legal basis and practice • The situation in Denmark • Amnestys work

Tuesday 9

Hours

Content

Study visit to Institute for Human Rights: International documents and practice/The situation in Denmark E

2h

Study visit: • International legal basis and practice • The situation in Denmark • The work of the Institute for Human rights

E

1

Stinne Bech, Refugee Coordinator Amnesty International Gammeltorv 8, 5. sal 33 45 65 65

Mandana Zarrehparvar Institute for Human Rights Strandgade 56 1401 København K Tel: 32 69 88 88 Summing up on study visit

Week: 20 Writing articles (Osama) Human Rights and Democracy course - Danish Red Cross Culture House - Spring 2006

Lesson plans page 4

Week: 21

Monday 22 4. Democracy Learning and practicing democracy: E,P

Hours 1h

Continued E,P

2h

Content • Introduction: What is Democracy (Patricia)

•

Tuesday 23 4. Democracy: Study visit: The Danish Parliament E

Hours 1h

The formal structures of a democracy E

2h

Exercise: What should be the rules about smoking in the Culture House (based on the exercise ‘Electioneering from Compass p. 127) (Patricia and Eva) (please see exercise 3) - an example of democracy in the work place - an example of basic principles of democracy: how to debate and make decisions, forming parties, protection of minorities etc.

Content • Danish democracy: The Folketing MF René Skau Björnsson Socialdemokraterne Christiansborg telefonnummer: 3337 40 27 e-mail: [email protected] www.reneskau.dk •

The formal structures of democracy (Eva)

Human Rights and Democracy course - Danish Red Cross Culture House - Spring 2006

Lesson plans page 5

Friday 26 Hours Summing up end 1h of course Feedback on articles O,P,E

Content Evaluation (Eva and Patricia)

Continued

Feedback on articles (Eva, Patricia, Osama)

2

Human Rights and Democracy course - Danish Red Cross Culture House - Spring 2006

Lesson plans page 6

Exercise 1: Discussion about human rights Aim: To learn about the general concepts of human rights To practice discussion skills

Time: 45 minutes

Materials: • • •

Tape, Two sheets of A4 papers on which are written ‘YES’ and ‘NO’, A whiteboard, marker pen

Method: As a preparation to the exercise participants were given the International Bill of Rights to read and were asked to consider the following questions: o Are human rights a good idea? o Are economic and social rights as important as civil and political rights? o It is the duty of states to ensure the protection of rights? A line was marked on the floor with tape. At one end there was a sign saying ’YES’ and at the other end one saying ’NO’. The first statement was written up on the board and the participants asked to stand on the line according to their opinion. The participants were then invited to express their opinions and explain their points of view. After about 10 minutes we closed the discussion and asked people to change position along the line, if they wished to. The exercise was then repeated with the second and third statements in turn.

What happened: It turned out that most participants agreed on most of the questions. Therefore one of the facilitators took part in the exercise and took the ‘opposite’ point of view to provoke discussion. There was a tendency for several people to talk at the same time without listening to each other. In order to have only one person speaking at a time, made the rule that people could only speak when they were holding an apple. When one person had finished speaking, they had to pass the apple on to the next speaker.

Reflections: Have a “back up” strategy ready to stimulate discussion, if necessary. People accepted the apple strategy and it meant that the facilitators didn’t have to intervene to secure an orderly discussion.

Human Rights and Democracy course for asylum seekers - Danish Red Cross Asylum Department Culture House Spring 2006 Page 1

Exercise 2: The rights of hooligans Aim: To raise issues about limits to human rights in general and in particular in relation to Articles 8, 10 & 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Time: 2 hours

Materials: • • • •

Copies of Articles 8, 10 & 11 of the European Convention Copies of edited news report: More Melees http://sportsillustrated.cnn.com/soccer/world/news/2000/05/16/uefa_riot_ap/ Role cards

Method: Participants were told that they were going to explore issues about limits to the rights of the individual and given copies of Articles 8, 10 & 11 of the European Convention. Participants were told about the riots between English and Turkish football fans in Copenhagen in May 2000 and were given an edited version of a news report to read. The participants were then divided to four groups and each group was given a role card. In their groups, people were asked to discuss the information on the cards and to try to put themselves in the shoes of the person described and to work out how that person would think and react to the riots. Each group then chose one member to play the character. The role play: The four people to role play the characters sat on four chairs in the middle of the room. The others were observers and asked to note what sorts of arguments were being made, for example, facts, opinions or appeals to emotions. The role play ran for 15 minutes.

Debriefing: The four people who played the roles were asked: how did you feel? Was it difficult to make your arguments? The observers then added their observations, followed by a general discussion,

What happened: There were eight participants, thus two per role. It would have been better if there were three or four per group to produce more, well thought out arguments. At the start, some people found it very hard to argue something they did not agree with and needed some assistance to play their roles. This meant that the role players needed a careful debriefing. The characters and their points of view did not really come out during the role play so the cards were read out in order to help develop the discussion. The facilitator explained that the role cards for the two fictitious British supporters, Tom Green and John Smith were based on cases of real people and explained that banning orders, the withholding of passports and summary arrest are legal measures in the UK. Human Rights and Democracy course for asylum seekers - Danish Red Cross Asylum Department Culture House Spring 2006 Page 2

The discussion focused first on the issue of football hooliganism, and then moved on to issues of the power of the police, the rights of the individual, the powerlessness of the individual, abuse of state power and finally to the consequences of the “War on Terror”.

Reflections: To save time in the session, background reading matter should be given in advance. All materials should be short and in as simple English as possible. When role play is new to the majority of participants would be a good idea to place one experienced role player in each group. Football hooliganism was a good choice of topic because it raised issues that were relevant to the asylum seekers’ own experiences, but the different scenario allowed a certain degree of objectivity.

Additional material used to develop the scenario: Liberty July 2000. Briefing on the draft Football (disorder) Bill Internet laws and data protection act uk specialist lawyers in London. Beware: The Football (Disorder) Act 2000 is here. www.hamiltons-solicitors.co.uk Weblog – law - Times Online. Clamping down on football hooligans. April 06 2006. http://timesonline.typepad.com

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European Convention on Human Rights and Fundamental Freedoms Article 8 1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. Article 10 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. Article 11 1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. 2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.

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More melees Soccer fans clash again before UEFA Cup final Click here for more on this story

Posted: Wednesday May 17, 2000 08:59 PM COPENHAGEN, Denmark (AP) -- Riot police fired tear gas Wednesday to disperse rival English and Turkish fans as at least three people were reported stabbed in renewed clashes ahead of the UEFA Cup final between Galatasaray of Turkey and Arsenal. A Turkish man and two Britons were stabbed Wednesday afternoon but their wounds were not life-threatening. Superintendent Mogens Lauridsen said that 10 people had been arrested. Fighting broke out in the late afternoon when hundreds of supporters of both teams started chasing each other around a downtown square, throwing bottles and uprooting tables and flagpoles before helmeted riot police arrived and fired tear gas.

Copenhagen police arrest a Galatasaray fan during a melee with Arsenal fans before the UEFA Cup final. AP

It was the same square where clashes had erupted in the early morning hours, resulting in the stabbing of 41year-old Arsenal fan Paul Dineen of London. Dineen described pandemonium with bottles, glasses and bicycles being thrown as dozens of Turkish fans attacked a pub where English fans had been spending much of the evening. Many English fans retaliated by rushing out of the bars, and people were throwing things at each other and fighting in the melee that began about 1 a.m. At least 24,000 Turkish and British fans flocked to Copenhagen to watch Galatasaray take on Arsenal Wednesday night. Galatasaray was trying to become the first Turkish club to win one of Europe's two major club championships. The game was classified as high risk by soccer officials, partly because of fears that British hooligans may attempt to avenge the killing of two English fans last month on the eve of Leeds' first-leg semifinal in Istanbul against Galatasaray.

Arsenal fans threw chairs at Galatasaray fans on the Human Rights and Democracy course for townhall square during heavy clashes prior to the match. AP

Spring 2006

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For much of Wednesday, fans from all sides had peacefully mingled in a sea of red and yellow Galatasaray jerseys and red and white Arsenal shirts and flags that filled the city's busy pedestrian street, Stroeget. Edited from a report on: http://sportsillustrated.cnn.com/soccer/world/news/2000/05/16/uefa_riot_ap/

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Role cards Mads Bruun You were an innocent passer-by. You were sitting in the Town Hall square (Rådhuspladsen) with your friend having a beer, when suddenly two groups of fans started shouting and fighting using the tables and chairs as weapons. You tried to run away, but got hit over the head by a flying table and had to go to hospital. You have read in the papers that English football fans are bad. Now this proves it. They should all be banned. Lock ’em up. Their behaviour is disgraceful and there should be no mercy. The police are quite right to do whatever it takes to stop fans travelling abroad and causing trouble. There were at least 24,000 Turkish and British fans in Copenhagen and only 10 got arrested, which goes to show that the laws effective. Without these tough laws it would be much worse. We need tough laws to deal with the problem and we should stick to our principles and respect law and order. ------------------------------------------------------------------------------------------------------------------------

Lars Hansen You own a cafe on the Town Hall square (Rådhuspladsen). You are very angry that the football hooligans damaged the tables and chairs. You are a businessman and like it when there is a game in town. You welcome all well-behaved fans, even if they do shout a bit - they buy lots of beer. You think the police should take strong measures to keep the hooligans away, even if it is unfair to some people. The majority should be protected. ------------------------------------------------------------------------------------------------------------------------

Tom Green You are 19 years old and love football, but you have not been able to go to a match for 4 years. When you were 15 you were in a pub watching football with your friends. Your team won, you jumped up and re-enacted the winning goal. Your foot accidentally hit a window and smashed it. You were convicted of criminal damage and banned from attending any matches for 5 years and your passport was taken away so you could not travel abroad. Also you have to report to the police whenever there are big football matches, which is a serious infringement of your freedom of movement. For example, you couldn’t even travel to visit your parents when they were ill! You think the law is too tough and innocent people get punished. For much of the day there were no problems and fans from all sides mingled peacefully. There were at least 24,000 Turkish and British fans in Copenhagen and only 10 got arrested. This proves that the majority of fans are not trouble makers.

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John Smith You had a ticket to go to Copenhagen to see the football match against Turkey. The police stopped you at the airport and arrested you for 6 hours and ordered you to attend court within 24 hours. The police said that you had behaved badly at the airport – you spat on the floor. They claimed you were a trouble maker and the magistrate put a banning order on you. You claim that the policeman just didn’t like the look of you. You are not a trouble maker. The only time you have been in trouble with the law was 15 years ago when someone tried to steal your wallet and you fought back. You have never had a football related offence. You are innocent and have been treated like a criminal on the mere suspicion of a policeman. You think it is important to respect everyone’s rights. It’s an important principle.

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Exercise 3: Smoking rules in the Culture House Aim: To understand basic principles of democracy To practice skills for democratic debate

Methods: This exercise was based on the exercise ‘Electioneering from Compass p. 127) 1. A line is marked on the floor, and at each end there are signs saying ’YES’ and ’NO’. The following statement is put on the blackboard: Smoking should be forbidden in the Culture House. The participants are asked to stand on the line according to their opinion. 2. The participants are invited to express their opinion and explain their point of view. 3. The participants are asked to form two ’parties’ to prepare for a democratic discussion with the ’opposition party’ in order to ’formulate a smoking policy for the Culture House’. They get 15 minutes to prepare their arguments and to discuss any possible compromises. They also have to choose a spokesperson. 4. Two chairs are placed on the line and the two spokespersons sit on the chairs. Negotiations begin. Please note: individuals are allowed to switch sides during the debate if they get convinced by the opposition party. The discussion continues until a policy has been formulated. In the debriefing of the exercise the participants are asked by the facilitator: • What feelings did you have during the debate? 5. What things are important to enable people to practice democracy?

Materials: Tape, to papers on which are written ‘YES’ and ‘NO’, two chairs, a white board, marker pen.

What happened: In this case none of the participants were totally on the ‘NO’ side. Therefore the no-group was formed by one of the facilitators, and 2 participants who were in between yes and no. During the negotiations some of the participants in the ‘parties’ wanted to interrupt and to come with additional arguments. However, they were told by the facilitator, that they could not speak during negotiations, but that they could request a meeting with their spokesperson. This was done once. The negotiators found it hard to reach a compromise, but managed in the end under pressure by the time limit set by the facilitator. During the debriefing the participants said they found it hard not being allowed to speak, but having to leave it up to the spokesperson to represent them. The spokespersons on their part said that at times they found it difficult because they had to improvise in the negotiation situation, and act on their own, because not every argument had been foreseen during the preparation in the group. On the question of what things are important to enable people to practice democracy, the group came up with the following points: • • •

To listen To express yourself clearly To respect the needs of the minority

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Reflections: The issue of a smoking policy was chosen deliberately because a ban has recently been introduced in the Culture House. One of the participants pointed out that this illustrated both a lack of democracy and the lack of rights of the asylum seekers, because the staff had made the decision without consulting the users.

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This is to certify that

XXXXXXXXX participated in the course on

human rights and democracy organised by

the Danish Red Cross Culture House Copenhagen 24th April – 26th May 2006.

Osama Al-Habahbeh

Patricia Brander

Eva Iversen

Course facilitators

Danish Red Cross The Culture House Strandgade 100 E 1401 Copenhagen K

Phone: + 45 32 96 00 88 Telefax: +45 32 96 00 58 email: [email protected]

The course: Aims and objectives: The aim of the course was to train asylum seekers (members of the media group) in human rights and democracy in general, with examples of how it is practiced in Denmark, in order that they may produce an edition of New Times on the themes of human rights and democracy. At the end of the course the participants particpants are expected to have: • knowledge and understanding of key concepts of human rights and democracy, the major international instruments, and examples of how these are practiced in Denmark. •

attitudes and values of curiosity, an open mind, a sense of human dignity and a sense of responsibility for ones own actions, in particular in relation to the role of a journalist.

•

skills to listen actively and communicate, be able to listen to different points of view, to advocate their own rights and those of other people, think critically, find relevant information and be able to write newspaper articles about human rights and democracy using the freedom of speech in a responsible way.

Topics: •

an introduction to human rights,

•

economic and social rights,

•

civil and political rights,

•

the right to asylum

•

democracy.

Total course hours: 20

Human rights What is human rights? To say that there are human rights means that every person has the right to certain things that are considered important to live a good life. This can be for example the right to freedom of expression or the right to food and housing. Human rights can be understood first of all as a moral idea. It is a standard saying that all people ought to be guaranteed a certain protection of their basic needs. Secondly human rights can be understood as legal rights wherever they are incorporated in national legislation or in international human rights documents. A moral right is not necessarily also a legal right. For example you may think that freedom of expression is a moral right, but this right may or may not be written into the laws of your country as a legal right. Human rights as a moral idea The historical origin of human rights is often said to lie the the Western European philosophical tradition in the 17th century. It is true that the concept of human rights, which we use today has a European origin. However the core idea of securing all human beings a good life, justice and dignity can be found throughout history all over the world. These ideas are found in traditions, in thoughts and in religions in many cultures, though maybe not expressed as rights but in other ways. Today human rights as a moral idea is widely accepted. Many people believe it to be right that all persons should have certain rights like those mentioned above. But if you ask for a justification it is not quite obvious what the answer should be. One could ask: Why should there be human rights? Why do we have rights at all, and why should they belong to all people? The answer will depend on how you try to explain moral ideas as such. Some may say that moral ideas or rules originate from a divine power, which was how the early European philosophers explained the existence of human rights. Others may say that there are some things that are morally right in themselves and that human rights are self-evident, which is how they were justified in The American Declaration of Independence of 1776. Others again may say that human rights do not really have a higher justification, but that they are man-made moral standards, an expression of how people at a particular time and place think that we ought to live. For example, this is the basis of the United Nations Universal Declaration of Human Rights of 1945. To look at rights as moral ideas therefore entails a lot of questions and possible issues for discussion. Human rights as legal rights Human rights first became integrated in national legislation and constitutions in many states during the 19th century. Then in 1945 a number of states, horrified by the atrocities of the 2nd world war founded The United Nations as a supranational structure with the purpose of promoting peace, security and human rights. In 1948 The United Nations issued the Universal Declaration of Human Rights. This document is not actually a legal document, but a statement of purpose. It has become the most widely accepted yardstick that people and states all over the world refer to when they talk about human rights. Since 1948 a vast number of international legal documents have been issued by The United Nations and other institutions and a structure of legal institutions has been set up to monitor the implementation of human rights. This is done e.g. by making investigations or by making it possbile for citizens to file legal complaints against their state about human rights abuses. The most important documents are The International Covenant on Economic, Social and Cultural Rights and The International Covenant on Civil an Political Rights of 1966. A number of regional human rights documents have also been developed, among them are The European Convention on Human Rights of 1950 and The African Charter on Human and Peoples Rights of 1981. What are our human rights? People may agree to a large extent that there should be human rights, but each individual may have his or her own opinion about what they should in fact consist of. In The Universal Declaration a number of rights are listed. Normally one talks about there being three types of rights: 1) civil and political rights, 2) social and economic rights and 3) collective rights. The first type, civil and political rights, are also called 'negative rights' because they define what other people or the state you live in is not allowed to do to you. The same set of rights is also often referred to as "freedom rights". Some of the rights listed in the Universal Declaration are: • • • • •

right to life, libery and security; freedom from slavery and torture. right to equality before the law; freedom from arbitrary arrest, exile; right to a fair and public hearing by an independent and impartial tribunal. right to freedom of movement, to seek asylum, to have a nationality. The right to marry. The right to own property. right to freedom of thought, religion, opinion and free expression, of assembly and association. right to take part in the government of ones country.

The second set of rights are called social and economic rights and are often referred to as 'positive rights'. This is because they define things you ought to have. It is understood in these rights that if you are not able to provide them for yourself then other people or the state you live in should provide them for you. Some of the the rights listed in the Universal Declaration are: •

right to work, just and fair conditions of work and protection against unemployment; right to equal pay.

• • • •

right to form and join trade unions. right to leisure, reasonable limitation of working hours and periodic holiday with pay. right to adequate standard of living including food, clothing, housing, medical care and social security in event of unemployment, sickness or other circumstances. right to education and to participate in cultural life, to enjoy arts and the benefits of science.

The third type of rights are the so-called collective rights. Whereas the first two types focus mainly on rights that can be enjoyed by one individual alone the collective rights are rights that can only be secured for a large group of people at the same time, e.g. peace. These rights are not part of The Universal Declaration, but have been developed and encorporated in a number of later human rights documents. One of the documents that encompasses most types of rights is the African Charter on Human and Peoples Rights. In this charter the collective rights mentioned are: • • • •

right to national self-determination, right as colonized or oppressed people to be free from bonds of domination. right of the people to freely dispose of their own weatlh and natural resources, freedom from economic exploitation. right as a people to economic, social and cultural development. right to peace and a satisfactory environment.

Human rights and cultural differences The Universal Declaration carries the term "universal" in its name. However, not everyone thinks that human rights are universal. People are different. They have different needs, different moral opinions and different cultural traditions. Some argue that because of these differences there should also be different human rights or even no talk of human rights at all. At the United Nations World Conference on Human Rights in 1993 all member states agreed on a document where it states that human rights are universal, but that cultural differences should be taken into consideration. Seen from an African perspective there are a number of criticisms of the idea of universal human rights, which are sometimes made by African politicians, by researchers and by the African guest teachers, though there is also much diversity of opinion. Some people see human rights as a eurocentric set of ideas reflecting European or Western values. One example which is often mentioned is that in most African cultures more emphasis is put on the group (the familiy, the tribe, the nation) and less on the individual. This implies that when you say you have a right to something you should also consider that you have duties towards the group. In the African Charter there is a whole section on citizens' duties. For example it is said that you have a duty to respect your parents at all times and to maintain them in case of need, and that you have a duty to preserve and strengthen social and national solidarity. Another frequent critcism is that the European and Western states are applying double-standards when speaking about human rights. For example when The Universal Declaration was accepted by the United Nations one of the articles declared the right to take part in your country's government. But at the time most African states were not even members of the United Nations because they were colonized by the very same member states of the United Nations. Teaching human rights Human rights is a truly cross curricular subject. It involves history, philosophy, social studies, geography, literature. It could also be part of teaching drama or arts. Human rights can be studied in a local area looking at peoples' living conditions or individual case studies of human rights abuses (see The rights of the child, page XX or Street children, page XX). They can be studied in a country e.g. by looking at human rights problems in a guest teacher's country or looking the situation in Denmark. It is also a subject that can be used to encourage intercultural learning. E.g. the pupils can discuss culturally different perceptions of human rights and moral issues with the guest teacher (The role of women within the family page XX or human rights page XX or in the chapter on literature). Human rights can also be taught as a global theme for example through topics on the history of colonisation, the struggle against apartheid, the right to development and control over own resources, fair trade (see chapters: Colonisation, Development, Democracy). Finally human rights is also a very involving issue. It could be used in action oriented teaching where the pupils both learn to analyse and discuss a human rights problem, and take action and become part of solving the problem. Iva Iversen This article has been taken from the book ”The Global Guest Teacher” 1999, AFS Interkultur, Nordre Fasanvej 111, 2000 Frederiksberg, Denmark.

The Universal Declaration in over 300 languages at the Web site of the Office of the High Commissioner for Human Rights: http://www.unhchr.ch/udhr/

Universal Declaration of Human Rights General Assembly res. 217A (III), 10 December 1948 Preamble Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, Now, therefore, The General Assembly, Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. Article 1 All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

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Article 3 Everyone has the right to life, liberty and security of person. Article 4 No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Article 6 Everyone has the right to recognition everywhere as a person before the law. Article 7 All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. Article 9 No one shall be subjected to arbitrary arrest, detention or exile. Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. Article 11 1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. 2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12 No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

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Article 13 1. Everyone has the right to freedom of movement and residence within the borders of each State. 2. Everyone has the right to leave any country, including his own, and to return to his country. Article 14 1. Everyone has the right to seek and to enjoy in other countries asylum from persecution. 2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations. Article 15 1. Everyone has the right to a nationality. 2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. Article 16 1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. 2. Marriage shall be entered into only with the free and full consent of the intending spouses. 3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. Article 17 1. Everyone has the right to own property alone as well as in association with others. 2. No one shall be arbitrarily deprived of his property. Article 18 Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. Article 19 Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Article 20 1. Everyone has the right to freedom of peaceful assembly and association. 2. No one may be compelled to belong to an association. Article 21

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1 . Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. 2. Everyone has the right to equal access to public service in his country. 3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. Article 22 Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. Article 23 1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. 2. Everyone, without any discrimination, has the right to equal pay for equal work. 3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. 4. Everyone has the right to form and to join trade unions for the protection of his interests. Article 24 Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. Article 25 1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. 2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26 1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. 2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

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3. Parents have a prior right to choose the kind of education that shall be given to their children. Article 27 1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. 2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. Article 28 Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29 1. Everyone has duties to the community in which alone the free and full development of his personality is possible. 2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. 3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations. Article 30 Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

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International Covenant on Civil and Political Rights Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966 entry into force 23 March 1976, in accordance with Article 49 Preamble The States Parties to the present Covenant, Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Recognizing that these rights derive from the inherent dignity of the human person, Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights, Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms, Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant, Agree upon the following articles: PART I Article 1 1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. 2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence. 3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-SelfGoverning and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

PART II Article 2

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1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant. 3. Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted. Article 3 The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant. Article 4 1. In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin. 2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision. 3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation. Article 5 1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant. 2. There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent. PART III Article 6

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1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. 2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court. 3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide. 4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases. 5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women. 6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant. Article 7 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation. Article 8 1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited. 2. No one shall be held in servitude. 3. (a) No one shall be required to perform forced or compulsory labour; (b) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court; (c) For the purpose of this paragraph the term "forced or compulsory labour" shall not include: (i) Any work or service, not referred to in subparagraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention; (ii) Any service of a military character and, in countries where conscientious objection is recognized, any national service required by law of conscientious objectors; (iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community; (iv) Any work or service which forms part of normal civil obligations. Article 9 1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

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2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him. 3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement. 4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful. 5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

Article 10 1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. 2. (a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons; (b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication. 3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status. Article 11 No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation. Article 12 1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence. 2. Everyone shall be free to leave any country, including his own. 3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant. 4. No one shall be arbitrarily deprived of the right to enter his own country. Article 13 An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority. Article 14

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1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children. 2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. 3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; (c) To be tried without undue delay; (d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; (e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court; (g) Not to be compelled to testify against himself or to confess guilt. 4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. 5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law. 6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him. 7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country. Article 15 1 . No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby.

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2. Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations. Article 16 Everyone shall have the right to recognition everywhere as a person before the law. Article 17 1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. 2. Everyone has the right to the protection of the law against such interference or attacks. Article 18 1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching. 2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice. 3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others. 4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions. Article 19 1. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. 3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals. Article 20 1. Any propaganda for war shall be prohibited by law. 2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. Article 21 The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national

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security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. Article 22 1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests. 2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right. 3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention. Article 23 1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. 2. The right of men and women of marriageable age to marry and to found a family shall be recognized. 3. No marriage shall be entered into without the free and full consent of the intending spouses. 4. States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children. Article 24 1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State. 2. Every child shall be registered immediately after birth and shall have a name. 3. Every child has the right to acquire a nationality. Article 25 Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions: (a) To take part in the conduct of public affairs, directly or through freely chosen representatives; (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; (c) To have access, on general terms of equality, to public service in his country. Article 26

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All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Article 27 In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.

PART IV Article 28 1. There shall be established a Human Rights Committee (hereafter referred to in the present Covenant as the Committee). It shall consist of eighteen members and shall carry out the functions hereinafter provided. 2. The Committee shall be composed of nationals of the States Parties to the present Covenant who shall be persons of high moral character and recognized competence in the field of human rights, consideration being given to the usefulness of the participation of some persons having legal experience. 3. The members of the Committee shall be elected and shall serve in their personal capacity. Article 29 1. The members of the Committee shall be elected by secret ballot from a list of persons possessing the qualifications prescribed in article 28 and nominated for the purpose by the States Parties to the present Covenant. 2. Each State Party to the present Covenant may nominate not more than two persons. These persons shall be nationals of the nominating State. 3. A person shall be eligible for renomination. Article 30 1. The initial election shall be held no later than six months after the date of the entry into force of the present Covenant. 2. At least four months before the date of each election to the Committee, other than an election to fill a vacancy declared in accordance with article 34, the Secretary-General of the United Nations shall address a written invitation to the States Parties to the present Covenant to submit their nominations for membership of the Committee within three months. 3. The Secretary-General of the United Nations shall prepare a list in alphabetical order of all the persons thus nominated, with an indication of the States Parties which have nominated them, and shall submit it to the States Parties to the present Covenant no later than one month before the date of each election. 4. Elections of the members of the Committee shall be held at a meeting of the States Parties to the present Covenant convened by the Secretary General of the United Nations at the Headquarters of the United Nations. At that meeting, for which two thirds of the States Parties to the present Covenant shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.

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Article 31 1. The Committee may not include more than one national of the same State. 2. In the election of the Committee, consideration shall be given to equitable geographical distribution of membership and to the representation of the different forms of civilization and of the principal legal systems. Article 32 1. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. However, the terms of nine of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these nine members shall be chosen by lot by the Chairman of the meeting referred to in article 30, paragraph 4. 2. Elections at the expiry of office shall be held in accordance with the preceding articles of this part of the present Covenant.

Article 33 1. If, in the unanimous opinion of the other members, a member of the Committee has ceased to carry out his functions for any cause other than absence of a temporary character, the Chairman of the Committee shall notify the SecretaryGeneral of the United Nations, who shall then declare the seat of that member to be vacant. 2. In the event of the death or the resignation of a member of the Committee, the Chairman shall immediately notify the Secretary-General of the United Nations, who shall declare the seat vacant from the date of death or the date on which the resignation takes effect. Article 34 1. When a vacancy is declared in accordance with article 33 and if the term of office of the member to be replaced does not expire within six months of the declaration of the vacancy, the Secretary-General of the United Nations shall notify each of the States Parties to the present Covenant, which may within two months submit nominations in accordance with article 29 for the purpose of filling the vacancy. 2. The Secretary-General of the United Nations shall prepare a list in alphabetical order of the persons thus nominated and shall submit it to the States Parties to the present Covenant. The election to fill the vacancy shall then take place in accordance with the relevant provisions of this part of the present Covenant. 3. A member of the Committee elected to fill a vacancy declared in accordance with article 33 shall hold office for the remainder of the term of the member who vacated the seat on the Committee under the provisions of that article.

Article 35 The members of the Committee shall, with the approval of the General Assembly of the United Nations, receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide, having regard to the importance of the Committee's responsibilities. Article 36

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The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Covenant. Article 37 1. The Secretary-General of the United Nations shall convene the initial meeting of the Committee at the Headquarters of the United Nations. 2. After its initial meeting, the Committee shall meet at such times as shall be provided in its rules of procedure. 3. The Committee shall normally meet at the Headquarters of the United Nations or at the United Nations Office at Geneva.

Article 38 Every member of the Committee shall, before taking up his duties, make a solemn declaration in open committee that he will perform his functions impartially and conscientiously. Article 39 1. The Committee shall elect its officers for a term of two years. They may be re-elected. 2. The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia, that: (a) Twelve members shall constitute a quorum; (b) Decisions of the Committee shall be made by a majority vote of the members present. Article 40 1. The States Parties to the present Covenant undertake to submit reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made in the enjoyment of those rights: (a) Within one year of the entry into force of the present Covenant for the States Parties concerned; (b) Thereafter whenever the Committee so requests. 2. All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit them to the Committee for consideration. Reports shall indicate the factors and difficulties, if any, affecting the implementation of the present Covenant. 3. The Secretary-General of the United Nations may, after consultation with the Committee, transmit to the specialized agencies concerned copies of such parts of the reports as may fall within their field of competence. 4. The Committee shall study the reports submitted by the States Parties to the present Covenant. It shall transmit its reports, and such general comments as it may consider appropriate, to the States Parties. The Committee may also transmit to the Economic and Social Council these comments along with the copies of the reports it has received from States Parties to the present Covenant. 5. The States Parties to the present Covenant may submit to the Committee observations on any comments that may be made in accordance with paragraph 4 of this article. Article 41

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1. A State Party to the present Covenant may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the present Covenant. Communications under this article may be received and considered only if submitted by a State Party which has made a declaration recognizing in regard to itself the competence of the Committee. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration. Communications received under this article shall be dealt with in accordance with the following procedure: (a) If a State Party to the present Covenant considers that another State Party is not giving effect to the provisions of the present Covenant, it may, by written communication, bring the matter to the attention of that State Party. Within three months after the receipt of the communication the receiving State shall afford the State which sent the communication an explanation, or any other statement in writing clarifying the matter which should include, to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending, or available in the matter; (b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter to the Committee, by notice given to the Committee and to the other State; (c) The Committee shall deal with a matter referred to it only after it has ascertained that all available domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of international law. This shall not be the rule where the application of the remedies is unreasonably prolonged; (d) The Committee shall hold closed meetings when examining communications under this article; (e) Subject to the provisions of subparagraph (c), the Committee shall make available its good offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of respect for human rights and fundamental freedoms as recognized in the present Covenant; (f) In any matter referred to it, the Committee may call upon the States Parties concerned, referred to in subparagraph (b), to supply any relevant information; (g) The States Parties concerned, referred to in subparagraph (b), shall have the right to be represented when the matter is being considered in the Committee and to make submissions orally and/or in writing; (h) The Committee shall, within twelve months after the date of receipt of notice under subparagraph (b), submit a report: (i) If a solution within the terms of subparagraph (e) is reached, the Committee shall confine its report to a brief statement of the facts and of the solution reached; (ii) If a solution within the terms of subparagraph (e) is not reached, the Committee shall confine its report to a brief statement of the facts; the written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report. In every matter, the report shall be communicated to the States Parties concerned. 2. The provisions of this article shall come into force when ten States Parties to the present Covenant have made declarations under paragraph I of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by any State Party shall be received after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party concerned has made a new declaration. Article 42 1. (a) If a matter referred to the Committee in accordance with article 41 is not resolved to the satisfaction of the States Parties concerned, the Committee may, with the prior consent of the States Parties concerned, appoint an ad hoc

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Conciliation Commission (hereinafter referred to as the Commission). The good offices of the Commission shall be made available to the States Parties concerned with a view to an amicable solution of the matter on the basis of respect for the present Covenant; (b) The Commission shall consist of five persons acceptable to the States Parties concerned. If the States Parties concerned fail to reach agreement within three months on all or part of the composition of the Commission, the members of the Commission concerning whom no agreement has been reached shall be elected by secret ballot by a two-thirds majority vote of the Committee from among its members. 2. The members of the Commission shall serve in their personal capacity. They shall not be nationals of the States Parties concerned, or of a State not Party to the present Covenant, or of a State Party which has not made a declaration under article 41. 3. The Commission shall elect its own Chairman and adopt its own rules of procedure. 4. The meetings of the Commission shall normally be held at the Headquarters of the United Nations or at the United Nations Office at Geneva. However, they may be held at such other convenient places as the Commission may determine in consultation with the Secretary-General of the United Nations and the States Parties concerned. 5. The secretariat provided in accordance with article 36 shall also service the commissions appointed under this article. 6. The information received and collated by the Committee shall be made available to the Commission and the Commission may call upon the States Parties concerned to supply any other relevant information. 7. When the Commission has fully considered the matter, but in any event not later than twelve months after having been seized of the matter, it shall submit to the Chairman of the Committee a report for communication to the States Parties concerned: (a) If the Commission is unable to complete its consideration of the matter within twelve months, it shall confine its report to a brief statement of the status of its consideration of the matter; (b) If an amicable solution to the matter on tie basis of respect for human rights as recognized in the present Covenant is reached, the Commission shall confine its report to a brief statement of the facts and of the solution reached; (c) If a solution within the terms of subparagraph (b) is not reached, the Commission's report shall embody its findings on all questions of fact relevant to the issues between the States Parties concerned, and its views on the possibilities of an amicable solution of the matter. This report shall also contain the written submissions and a record of the oral submissions made by the States Parties concerned; (d) If the Commission's report is submitted under subparagraph (c), the States Parties concerned shall, within three months of the receipt of the report, notify the Chairman of the Committee whether or not they accept the contents of the report of the Commission. 8. The provisions of this article are without prejudice to the responsibilities of the Committee under article 41. 9. The States Parties concerned shall share equally all the expenses of the members of the Commission in accordance with estimates to be provided by the Secretary-General of the United Nations. 10. The Secretary-General of the United Nations shall be empowered to pay the expenses of the members of the Commission, if necessary, before reimbursement by the States Parties concerned, in accordance with paragraph 9 of this article. Article 43 The members of the Committee, and of the ad hoc conciliation commissions which may be appointed under article 42, shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

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Article 44 The provisions for the implementation of the present Covenant shall apply without prejudice to the procedures prescribed in the field of human rights by or under the constituent instruments and the conventions of the United Nations and of the specialized agencies and shall not prevent the States Parties to the present Covenant from having recourse to other procedures for settling a dispute in accordance with general or special international agreements in force between them. Article 45 The Committee shall submit to the General Assembly of the United Nations, through the Economic and Social Council, an annual report on its activities. PART V Article 46 Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present Covenant. Article 47 Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources. PART VI Article 48 1. The present Covenant is open for signature by any State Member of the United Nations or member of any of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and by any other State which has been invited by the General Assembly of the United Nations to become a Party to the present Covenant. 2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with the SecretaryGeneral of the United Nations. 3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this article. 4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. 5. The Secretary-General of the United Nations shall inform all States which have signed this Covenant or acceded to it of the deposit of each instrument of ratification or accession. Article 49 1. The present Covenant shall enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of accession. 2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth instrument of ratification or instrument of accession, the present Covenant shall enter into force three months after the date of the deposit of its own instrument of ratification or instrument of accession.

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Article 50 The provisions of the present Covenant shall extend to all parts of federal States without any limitations or exceptions. Article 51 1. Any State Party to the present Covenant may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General of the United Nations shall thereupon communicate any proposed amendments to the States Parties to the present Covenant with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that at least one third of the States Parties favours such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval. 2. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant in accordance with their respective constitutional processes. 3. When amendments come into force, they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of the present Covenant and any earlier amendment which they have accepted. Article 52 Irrespective of the notifications made under article 48, paragraph 5, the Secretary-General of the United Nations shall inform all States referred to in paragraph I of the same article of the following particulars: (a) Signatures, ratifications and accessions under article 48; (b) The date of the entry into force of the present Covenant under article 49 and the date of the entry into force of any amendments under article 51. Article 53 1. The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations. 2. The Secretary-General of the United Nations shall transmit certified copies of the present Covenant to all States referred to in article 48.

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International Covenant on Economic, Social and Cultural Rights Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966 entry into force 3 January 1976, in accordance with article 27 Preamble The States Parties to the present Covenant, Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Recognizing that these rights derive from the inherent dignity of the human person, Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his economic, social and cultural rights, as well as his civil and political rights, Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms, Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant, Agree upon the following articles: PART I Article 1 1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. 2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence. 3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-SelfGoverning and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

PART II Article 2

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1. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures. 2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 3. Developing countries, with due regard to human rights and their national economy, may determine to what extent they would guarantee the economic rights recognized in the present Covenant to non-nationals. Article 3 The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant. Article 4 The States Parties to the present Covenant recognize that, in the enjoyment of those rights provided by the State in conformity with the present Covenant, the State may subject such rights only to such limitations as are determined by law only in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society. Article 5 1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights or freedoms recognized herein, or at their limitation to a greater extent than is provided for in the present Covenant. 2. No restriction upon or derogation from any of the fundamental human rights recognized or existing in any country in virtue of law, conventions, regulations or custom shall be admitted on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent. PART III Article 6 1. The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right. 2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of this right shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual. Article 7 The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular: (a) Remuneration which provides all workers, as a minimum, with:

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(i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work; (ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant; (b) Safe and healthy working conditions; (c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence; (d ) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays Article 8 1. The States Parties to the present Covenant undertake to ensure: (a) The right of everyone to form trade unions and join the trade union of his choice, subject only to the rules of the organization concerned, for the promotion and protection of his economic and social interests. No restrictions may be placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others; (b) The right of trade unions to establish national federations or confederations and the right of the latter to form or join international trade-union organizations; (c) The right of trade unions to function freely subject to no limitations other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others; (d) The right to strike, provided that it is exercised in conformity with the laws of the particular country. 2. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces or of the police or of the administration of the State. 3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or apply the law in such a manner as would prejudice, the guarantees provided for in that Convention.

Article 9 The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance. Article 10 The States Parties to the present Covenant recognize that: 1. The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free consent of the intending spouses. 2. Special protection should be accorded to mothers during a reasonable period before and after childbirth. During such period working mothers should be accorded paid leave or leave with adequate social security benefits.

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3. Special measures of protection and assistance should be taken on behalf of all children and young persons without any discrimination for reasons of parentage or other conditions. Children and young persons should be protected from economic and social exploitation. Their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be punishable by law. States should also set age limits below which the paid employment of child labour should be prohibited and punishable by law. Article 11 1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent. 2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international co-operation, the measures, including specific programmes, which are needed: (a) To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources; (b) Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need. Article 12 1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. 2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: (a) The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy development of the child; (b) The improvement of all aspects of environmental and industrial hygiene; (c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases; (d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness. Article 13 1. The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace. 2. The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right: (a) Primary education shall be compulsory and available free to all;

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(b) Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education; (c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education; (d) Fundamental education shall be encouraged or intensified as far as possible for those persons who have not received or completed the whole period of their primary education; (e) The development of a system of schools at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously improved. 3. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to choose for their children schools, other than those established by the public authorities, which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions. 4. No part of this article shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principles set forth in paragraph I of this article and to the requirement that the education given in such institutions shall conform to such minimum standards as may be laid down by the State. Article 14 Each State Party to the present Covenant which, at the time of becoming a Party, has not been able to secure in its metropolitan territory or other territories under its jurisdiction compulsory primary education, free of charge, undertakes, within two years, to work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the principle of compulsory education free of charge for all. Article 15 1. The States Parties to the present Covenant recognize the right of everyone: (a) To take part in cultural life; (b) To enjoy the benefits of scientific progress and its applications; (c) To benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. 2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for the conservation, the development and the diffusion of science and culture. 3. The States Parties to the present Covenant undertake to respect the freedom indispensable for scientific research and creative activity. 4. The States Parties to the present Covenant recognize the benefits to be derived from the encouragement and development of international contacts and co-operation in the scientific and cultural fields. PART IV

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Article 16 1. The States Parties to the present Covenant undertake to submit in conformity with this part of the Covenant reports on the measures which they have adopted and the progress made in achieving the observance of the rights recognized herein. 2. (a) All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit copies to the Economic and Social Council for consideration in accordance with the provisions of the present Covenant; (b) The Secretary-General of the United Nations shall also transmit to the specialized agencies copies of the reports, or any relevant parts therefrom, from States Parties to the present Covenant which are also members of these specialized agencies in so far as these reports, or parts therefrom, relate to any matters which fall within the responsibilities of the said agencies in accordance with their constitutional instruments. Article 17 1. The States Parties to the present Covenant shall furnish their reports in stages, in accordance with a programme to be established by the Economic and Social Council within one year of the entry into force of the present Covenant after consultation with the States Parties and the specialized agencies concerned. 2. Reports may indicate factors and difficulties affecting the degree of fulfilment of obligations under the present Covenant. 3. Where relevant information has previously been furnished to the United Nations or to any specialized agency by any State Party to the present Covenant, it will not be necessary to reproduce that information, but a precise reference to the information so furnished will suffice. Article 18 Pursuant to its responsibilities under the Charter of the United Nations in the field of human rights and fundamental freedoms, the Economic and Social Council may make arrangements with the specialized agencies in respect of their reporting to it on the progress made in achieving the observance of the provisions of the present Covenant falling within the scope of their activities. These reports may include particulars of decisions and recommendations on such implementation adopted by their competent organs. Article 19 The Economic and Social Council may transmit to the Commission on Human Rights for study and general recommendation or, as appropriate, for information the reports concerning human rights submitted by States in accordance with articles 16 and 17, and those concerning human rights submitted by the specialized agencies in accordance with article 18. Article 20 The States Parties to the present Covenant and the specialized agencies concerned may submit comments to the Economic and Social Council on any general recommendation under article 19 or reference to such general recommendation in any report of the Commission on Human Rights or any documentation referred to therein. Article 21 The Economic and Social Council may submit from time to time to the General Assembly reports with recommendations of a general nature and a summary of the information received from the States Parties to the present Covenant and the

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specialized agencies on the measures taken and the progress made in achieving general observance of the rights recognized in the present Covenant. Article 22 The Economic and Social Council may bring to the attention of other organs of the United Nations, their subsidiary organs and specialized agencies concerned with furnishing technical assistance any matters arising out of the reports referred to in this part of the present Covenant which may assist such bodies in deciding, each within its field of competence, on the advisability of international measures likely to contribute to the effective progressive implementation of the present Covenant. Article 23 The States Parties to the present Covenant agree that international action for the achievement of the rights recognized in the present Covenant includes such methods as the conclusion of conventions, the adoption of recommendations, the furnishing of technical assistance and the holding of regional meetings and technical meetings for the purpose of consultation and study organized in conjunction with the Governments concerned. Article 24 Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present Covenant. Article 25 Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources. PART V Article 26 1. The present Covenant is open for signature by any State Member of the United Nations or member of any of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and by any other State which has been invited by the General Assembly of the United Nations to become a party to the present Covenant. 2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with the SecretaryGeneral of the United Nations. 3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this article. 4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. 5. The Secretary-General of the United Nations shall inform all States which have signed the present Covenant or acceded to it of the deposit of each instrument of ratification or accession. Article 27 1. The present Covenant shall enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of accession.

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2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth instrument of ratification or instrument of accession, the present Covenant shall enter into force three months after the date of the deposit of its own instrument of ratification or instrument of accession. Article 28 The provisions of the present Covenant shall extend to all parts of federal States without any limitations or exceptions. Article 29 1. Any State Party to the present Covenant may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate any proposed amendments to the States Parties to the present Covenant with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that at least one third of the States Parties favours such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval. 2. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant in accordance with their respective constitutional processes. 3. When amendments come into force they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of the present Covenant and any earlier amendment which they have accepted. Article 30 Irrespective of the notifications made under article 26, paragraph 5, the Secretary-General of the United Nations shall inform all States referred to in paragraph I of the same article of the following particulars: (a) Signatures, ratifications and accessions under article 26; (b) The date of the entry into force of the present Covenant under article 27 and the date of the entry into force of any amendments under article 29. Article 31 1. The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations. 2. The Secretary-General of the United Nations shall transmit certified copies of the present Covenant to all States referred to in article 26.

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Human Rights: International Protection, Monitoring, Enforcement Notes by Eva Iversen

Main source: Symonides, Janusz: Human Rights: International Protection, Monitoring, Enforcement, UNESCO Publishing, 2003.

Policy making: United Nations General Assembly: • draft and adopts all international human rights documents Declaration: • statement of intent, not legally binding Treaty, Convention, Covenant: • legally binding, should be ratified by each state and constitutes national law. States can make reservations to parts of the documents The most important Declaration: • Universal Declaration on Human Rights The 6 most important Conventions: • International Covenant on Civil and Political Rights (ICCPR), 1966 • International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966 • International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 1965 • International Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979 • International Convention against Torture, and Other Cruel, Inhuman or Degrading Treatment and Punishment (ICAT), 1984 • International Convention on the Rights of the Child (ICRC), 1989

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Monitoring and protection: The UN Commission on Human Rights: • Has 53 expert members and meets once a year for 6 weeks in Geneva • Examines thematic issues and country specific issues. It plays an important role in investigating and analysing human rights issues, and it also plays an important political role in putting public pressure on states, who violate human rights • Examines communications from states and individuals complaining about human rights violations by states. This procedure is applicable to all states (not optional), and treats all categories of human rights violations – but only situations of consistent patterns of gross human rights violations The UN High Commissioner: • Was established in 1993 and is based in Geneva • The mandate of the High Commissioner is to act for prevention, education and reaction to serious human rights problems The committees: • The 6 most important UN Conventions have a committee attached to oversee if states comply with the Convention. • This monitoring mechanism is optional, which means that the state can choose if it wishes to participate. • The committees consist of experts elected by the states. However they do not represent their state, but act as individual experts. The committees meet usually 2 – 4 times per year. • The main procedure for monitoring is that the state reports to the committee, and the committee comments on the report • Another important procedure is communications, which are complaints about a states violation of rights. This procedure exists only for 4 of the conventions (not for the ICESCR and the ICRC). Communications can be submitted by individuals/groups, and by states (however no state ever did this). The communication must not be anonymous, and all national and regional remedies should be exhausted. The procedure for handling the communication is confidential, and the result of the process is that the commission expresses its view on the communication, which is made public. Problems/challenges: • most of the monitoring systems are voluntary for the states • lack of reporting by states • insufficient funds, which leads to long delays in reviewing reports and communications • no means to enforce decisions on violations • overlapping and complicated structures and procedures

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Enforcement: Sanctions: • According to the UN Charter (chapter 6 and 7) the Security Council can determine if a conflict constitutes a threat to international peace and security • The Security Council can impose economic/diplomatic sanctions, such as: Trade embargo, arms embargo, travel bans, exclusion from cultural and sports events Intervention: • The UN Security council can also decide to use military means to end a situation of conflict. This has only been the case in a few recent situations: • 1991 in Irak: the UN determines a situation of threat to international security, and the USA, UK and France undertakes a military intervention • 1992 in Bosnia: The UN authorises the use of ‘all necessary means’, but no interventions takes place (only placement of peacekeeping forces) • 1992 in Somalia: The UN authorises the use of ‘all necessary means’, and the USA undertakes a military intervention, later to be replaced by a UN force • 1994 in Rwanda: The UN authorises the use of ‘all necessary means’, and France undertakes a military intervention UN war tribunals • The Nuremberg Trial of the Major War Criminals, 1945 • The International Criminal Tribunal for the Former Yugoslavia, 1993 • The International Criminal Tribunal for Rwanda, 1994 UN International Criminal Court (ICC) • Established in 1998, tries individuals accused of crimes against humanity, genocide and war crimes Regional systems: • • • •

European Convention on the Protection of Human Rights and Fundamental Freedoms, 1950 - European Court of Human Rights American Convention on Human Rights, 1969 - Inter-American Court of Human Rights African Charter on Human and Peoples Rights, 1986 - Court on Human and People’s Rights Arab Charter on Human Rights, 1994

The role of NGOs: • • • •

Agenda setting, drafting legislation Fact-finding, information gathering, analysis, dissemination Support to human rights defenders Human rights education, advocacy and lobby

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Convention relating to the Status of Refugees Adopted on 28 July 1951 by the United Nations Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons convened under General Assembly resolution 429 (V) of 14 December 1950 entry into force 22 April 1954, in accordance with article 43 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: CHAPTER I GENERAL PROVISIONS 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,

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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 I January 1951" in article 1, section A, shall be understood to mean either (a) "events occurring in Europe before I January 1951"; or (b) "events occurring in Europe or elsewhere before I 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 (I) 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 (I) 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.

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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. 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. 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. 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. 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.

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.

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.

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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. 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. 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. 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. 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. CHAPTER II JURIDICAL STATUS 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

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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. 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. 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. 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.

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.

CHAPTER III GAINFUL EMPLOYMENT 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:

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(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. 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. 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. CHAPTER IV WELFARE 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. 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. 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. Article 23. Public relief

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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. 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 home 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. CHAPTER V ADMINISTRATIVE MEASURES 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 I 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.

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5. The provisions of this article shall be without prejudice to articles 27 and 28. 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. 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. 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.

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. 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. 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.

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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. 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. 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. CHAPTER VI EXECUTORY AND TRANSITORY PROVISIONS 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. 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.

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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. CHAPTER VII FINAL CLAUSES 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. 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.

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. Article 41. Federal clause In the case of a Federal or non-unitary State, the following provisions shall apply:

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(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. 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 I 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. 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. Article 44. Denunciation 1. Any Contracting State may denounce this Convention at any time by a notification addressed to the SecretaryGeneral 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. 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. 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:

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(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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Protocol relating to the Status of Refugees The Protocol was taken note of with approval by the Economic and Social Council in resolution 1186 (XLI) of 18 November 1966 and was taken note of by the General Assembly in resolution 2198 (XXI) of 16 December 1966. In the same resolution the General Assembly requested the Secretary-General to transmit the text of the Protocol to the States mentioned in article V thereof, with a view to enabling them to accede to the Protocol

entry into force 4 October 1967, in accordance with article VIII The States Parties to the present Protocol, Considering that the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 (hereinafter referred to as the Convention) covers only those persons who have become refugees as a result of events occurring before I January 1951, Considering that new refugee situations have arisen since the Convention was adopted and that the refugees concerned may therefore not fall within the scope of the Convention, Considering that it is desirable that equal status should be enjoyed by all refugees covered by the definition in the Convention irrespective of the dateline I January 1951, Have agreed as follows: Article 1. General provision 1. The States Parties to the present Protocol undertake to apply articles 2 to 34 inclusive of the Convention to refugees as hereinafter defined. 2. For the purpose of the present Protocol, the term "refugee" shall, except as regards the application of paragraph 3 of this article, mean any person within the definition of article I of the Convention as if the words "As a result of events occurring before 1 January 1951 and..." and the words "...as a result of such events", in article 1 A (2) were omitted. 3. The present Protocol shall be applied by the States Parties hereto without any geographic limitation, save that existing declarations made by States already Parties to the Convention in accordance with article I B (I) (a) of the Convention, shall, unless extended under article I B (2) thereof, apply also under the present Protocol. Article 2. Co-operation of the national authorities with the United Nations 1. The States Parties to the present Protocol 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 the present Protocol. 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 States Parties to the present Protocol undertake to provide them with the information and statistical data requested, in the appropriate form, concerning: (a) The condition of refugees; (b) The implementation of the present Protocol; (c) Laws, regulations and decrees which are, or may hereafter be, in force relating to refugees. Article 3. Information on national legislation

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The States Parties to the present Protocol shall communicate to the Secretary-General of the United Nations the laws and regulations which they may adopt to ensure the application of the present Protocol. Article 4. Settlement of disputes Any dispute between States Parties to the present Protocol which relates to its interpretation or application and 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 5. Accession The present Protocol shall be open for accession on behalf of all States Parties to the Convention and of any other State Member of the United Nations or member of any of the specialized agencies or to which an invitation to accede may have been addressed by the General Assembly of the United Nations. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. Article 6. Federal clause In the case of a Federal or non-unitary State, the following provisions shall apply: (a) With respect to those articles of the Convention to be applied in accordance with article I, paragraph 1, of the present Protocol 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 States Parties which are not Federal States; (b) With respect to those articles of the Convention to be applied in accordance with article I, paragraph 1, of the present Protocol 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 the present Protocol shall, at the request of any other State Party hereto 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 to be applied in accordance with article I, paragraph 1, of the present Protocol, showing the extent to which effect has been given to that provision by legislative or other action.

Article VII. Reservations and declarations 1. At the time of accession, any State may make reservations in respect of article IV of the present Protocol and in respect of the application in accordance with article I of the present Protocol of any provisions of the Convention other than those contained in articles 1, 3, 4, 16(1) and 33 thereof, provided that in the case of a State Party to the Convention reservations made under this article shall not extend to refugees in respect of whom the Convention applies. 2. Reservations made by States Parties to the Convention in accordance with article 42 thereof shall, unless withdrawn, be applicable in relation to their obligations under the present Protocol. 3. Any State making a reservation in accordance with paragraph I of this article may at any time withdraw such reservation by a communication to that effect addressed to the Secretary-General of the United Nations. 4. Declarations made under article 40, paragraphs I and 2, of the Convention by a State Party thereto which accedes to the present Protocol shall be deemed to apply in respect of the present Protocol, unless upon accession a notification to the contrary is addressed by the State Party concerned to the Secretary-General of the United Nations. The provisions

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of article 40, paragraphs 2 and 3, and of article 44, paragraph 3, of the Convention shall be deemed to apply muratis mutandis to the present Protocol. Article 8. Entry into Protocol 1. The present Protocol shall come into force on the day of deposit of the sixth instrument of accession. 2. For each State acceding to the Protocol after the deposit of the sixth instrument of accession, the Protocol shall come into force on the date of deposit by such State of its instrument of accession. Article 9. Denunciation 1. Any State Party hereto may denounce this Protocol at any time by a notification addressed to the Secretary-General of the United Nations. 2. Such denunciation shall take effect for the State Party concerned one year from the date on which it is received by the Secretary-General of the United Nations. Article 10. Notifications by the Secretary-General of the United Nations The Secretary-General of the United Nations shall inform the States referred to in article V above of the date of entry into force, accessions, reservations and withdrawals of reservations to and denunciations of the present Protocol, and of declarations and notifications relating hereto . Article 11. Deposit in the archives of the Secretariat of the United Nations A copy of the present Protocol, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, signed by the President of the General Assembly and by the Secretary-General of the United Nations, shall be deposited in the archives of the Secretariat of the United Nations. The Secretary-General will transmit certified copies thereof to all States Members of the United Nations and to the other States referred to in article 5 above.

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Protocol relating to the Status of Refugees Protocol relating to the Status of Refugees The Protocol was taken note of with approval by the Economic and Social Council in resolution 1186 (XLI) of 18 November 1966 and was taken note of by the General Assembly in resolution 2198 (XXI) of 16 December 1966. In the same resolution the General Assembly requested the Secretary-General to transmit the text of the Protocol to the States mentioned in article V thereof, with a view to enabling them to accede to the Protocol entry into force 4 October 1967, in accordance with article VIII

The States Parties to the present Protocol, Considering that the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 (hereinafter referred to as the Convention) covers only those persons who have become refugees as a result of events occurring before I January 1951, Considering that new refugee situations have arisen since the Convention was adopted and that the refugees concerned may therefore not fall within the scope of the Convention, Considering that it is desirable that equal status should be enjoyed by all refugees covered by the definition in the Convention irrespective of the dateline I January 1951, Have agreed as follows: Article 1. General provision 1. The States Parties to the present Protocol undertake to apply articles 2 to 34 inclusive of the Convention to refugees as hereinafter defined. 2. For the purpose of the present Protocol, the term "refugee" shall, except as regards the application of paragraph 3 of this article, mean any person within the definition of article I of the Convention as if the words "As a result of events occurring before 1 January 1951 and..." and the words "...as a result of such events", in article 1 A (2) were omitted. 3. The present Protocol shall be applied by the States Parties hereto without any geographic limitation, save that existing declarations made by States already Parties to the Convention in accordance with article I B (I) (a) of the Convention, shall, unless extended under article I B (2) thereof, apply also under the present Protocol. Article 2. Co-operation of the national authorities with the United Nations 1. The States Parties to the present Protocol 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 the present Protocol. 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 States Parties to the present Protocol undertake to provide them with the information and statistical data requested, in the appropriate form, concerning: (a) The condition of refugees; (b) The implementation of the present Protocol; (c) Laws, regulations and decrees which are, or may hereafter be, in force relating to refugees. Article 3. Information on national legislation

The States Parties to the present Protocol shall communicate to the Secretary-General of the United Nations the laws and regulations which they may adopt to ensure the application of the present Protocol. Article 4. Settlement of disputes Any dispute between States Parties to the present Protocol which relates to its interpretation or application and 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 5. Accession The present Protocol shall be open for accession on behalf of all States Parties to the Convention and of any other State Member of the United Nations or member of any of the specialized agencies or to which an invitation to accede may have been addressed by the General Assembly of the United Nations. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. Article 6. Federal clause In the case of a Federal or non-unitary State, the following provisions shall apply: (a) With respect to those articles of the Convention to be applied in accordance with article I, paragraph 1, of the present Protocol 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 States Parties which are not Federal States; (b) With respect to those articles of the Convention to be applied in accordance with article I, paragraph 1, of the present Protocol 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 the present Protocol shall, at the request of any other State Party hereto 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 to be applied in accordance with article I, paragraph 1, of the present Protocol, showing the extent to which effect has been given to that provision by legislative or other action. Article VII. Reservations and declarations 1. At the time of accession, any State may make reservations in respect of article IV of the present Protocol and in respect of the application in accordance with article I of the present Protocol of any provisions of the Convention other than those contained in articles 1, 3, 4, 16(1) and 33 thereof, provided that in the case of a State Party to the Convention reservations made under this article shall not extend to refugees in respect of whom the Convention applies. 2. Reservations made by States Parties to the Convention in accordance with article 42 thereof shall, unless withdrawn, be applicable in relation to their obligations under the present Protocol. 3. Any State making a reservation in accordance with paragraph I of this article may at any time withdraw such reservation by a communication to that effect addressed to the Secretary-General of the United Nations. 4. Declarations made under article 40, paragraphs I and 2, of the Convention by a State Party thereto which accedes to the present Protocol shall be deemed to apply in respect of the present Protocol, unless upon accession a notification to the contrary is addressed by the State Party concerned to the Secretary-General of the United Nations. The provisions of article 40, paragraphs 2 and 3, and of article 44, paragraph 3, of the Convention shall be deemed to apply muratis mutandis to the present Protocol. Article 8. Entry into Protocol 1. The present Protocol shall come into force on the day of deposit of the sixth instrument of accession.

2. For each State acceding to the Protocol after the deposit of the sixth instrument of accession, the Protocol shall come into force on the date of deposit by such State of its instrument of accession. Article 9. Denunciation 1. Any State Party hereto may denounce this Protocol at any time by a notification addressed to the Secretary-General of the United Nations. 2. Such denunciation shall take effect for the State Party concerned one year from the date on which it is received by the SecretaryGeneral of the United Nations. Article 10. Notifications by the Secretary-General of the United Nations The Secretary-General of the United Nations shall inform the States referred to in article V above of the date of entry into force, accessions, reservations and withdrawals of reservations to and denunciations of the present Protocol, and of declarations and notifications relating hereto . Article 11. Deposit in the archives of the Secretariat of the United Nations A copy of the present Protocol, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, signed by the President of the General Assembly and by the Secretary-General of the United Nations, shall be deposited in the archives of the Secretariat of the United Nations. The Secretary-General will transmit certified copies thereof to all States Members of the United Nations and to the other States referred to in article 5 above.

The 1951 Refugee Convention - Q & A

Copyright 2001-2006 UNHCR. All Rights Reserved.

The Convention's History The process of developing a body of international law, conventions and guidelines to protect refugees began in the early part of the 20th century under the League of Nations, the predecessor of the United Nations. It culminated on 28 July 1951, when a special U.N. conference approved the Convention relating to the Status of Refugees. The Convention clearly spells out who is a refugee and the kind of legal protection, other assistance and social rights he or she should receive from states parties to the document. Equally, it defines a refugee's obligations to host governments and certain categories of persons, such as war criminals, who do not qualify for refugee status. Several months before the Convention's passage, the fledgling United Nations High Commissioner for Refugees had begun its work on 1 January 1951. In the subsequent decades, the document has been the foundation of the agency's efforts to help and protect an estimated 50 million refugees. This first instrument was limited to protecting mainly European refugees in the aftermath of World War II, but a 1967 Protocol expanded the scope of the Convention as the problem of displacement spread around the world. The original document also inspired regional instruments such as the 1969 Africa Refugee Convention and the 1984 Latin American Cartagena Declaration. On December 4, 1952 Denmark became the first state to ratify the Convention. Since then, a total of 145 states have acceded to one or both of the U.N. instruments. But as the pattern of global migration changed and the number of people on the move increased dramatically in recent years, the relevance of the 1951 Convention has been called into question, especially in Europe, ironically its very birthplace. UNHCR currently helps 19.2 million people and the Convention, which has proved to be remarkably flexible in rapidly changing times, continues to be the cornerstone of refugee protection. Following are some of the most common questions about the Convention. Who is a refugee? Article 1 of the Convention defines a refugee as "A person who is outside his/her country of nationality or habitual residence; has a well-founded fear of persecution because of his/her race, religion, nationality, membership in a particular social group or political opinion; and is unable or unwilling to avail himself/herself of the protection of that country, or to return there, for fear of persecution."

Why is the Convention important? It was the first truly international agreement covering the most fundamental aspects of a refugee's life. It spelled out a set of basic human rights which should be at least equivalent to freedoms enjoyed by foreign 1

nationals living legally in a given country and in many cases those of citizens of that state. It recognized the international scope of refugee crises and the necessity of international cooperation, including burden-sharing among states, in tackling the problem. What is contained in the 1951 Convention? It defines what the term 'refugee' means. It outlines a refugee's rights including such things as freedom of religion and movement, the right to work, education and accessibility to travel documents, but it also underscores a refugee's obligations to a host government. A key provision stipulates that refugees should not be returned, or refouled, to a country where he or she fears persecution. It also spells out people or groups of people who are not covered by the Convention. What is contained in the 1967 Protocol? It removes the geographical and time limitations written into the original Convention under which mainly Europeans involved in events occurring before 1 January 1951, could apply for refugee status. What is protection? Governments are responsible for enforcing a country's laws. When they are unable or unwilling to do so, often during a conflict or civil unrest, people whose basic human rights are threatened flee their homes, often to another country, where they may be classed as refugees and be guaranteed basic rights. Who protects refugees? Host governments are primarily responsible for protecting refugees and the 143 parties to the Convention and/or the Protocol are obliged to carry out its provisions. UNHCR maintains a 'watching brief', intervening if necessary to ensure bona fide refugees are granted asylum and are not forcibly returned to countries where their lives may be in danger. The agency seeks ways to help refugees restart their lives, either through local integration, voluntary return to their homeland or, if that is not possible, through resettlement in 'third' countries. Is the Convention still relevant for the new millennium? Yes. It was originally adopted to deal with the aftermath of World War II in Europe and growing East-West political tensions. But though the nature of conflict and migration patterns have changed in the intervening decades, the Convention has proved remarkably resilient in helping to protect an estimated 50 million people in all types of situations. As long as persecution of individuals and groups persists, there will be a need for the Convention. Is the Convention meant to regulate migratory movements? No. Millions of 'economic' and other migrants have taken advantage of improved communications in the last few decades to seek new lives in other, mainly western, countries. However, they should not be confused, as they sometimes are, with bona fide refugees who are fleeing life-threatening persecution and not merely economic hardship. Modern migratory patterns can be extremely complex and contain a mix of economic migrants, genuine refugees and others. Governments face a daunting task in separating the various groupings and treating genuine refugees in the appropriate manner through established and fair asylum procedures. How are refugees and economic migrants different?

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An economic migrant normally leaves a country voluntarily to seek a better life. Should he or she elect to return home they would continue to receive the protection of their government. Refugees flee because of the threat of persecution and cannot return safely to their homes in the circumstances then prevailing. Does the Convention cover internally displaced persons? Not specifically. Refugees are people who have crossed an international border into a second country seeking sanctuary. Internally displaced persons (IDPs) may have fled for similar reasons, but remain within their own territory and thus are still subject to the laws of that state. In specific crises, UNHCR assists several million, but not all, of the estimated 20-25 million IDPs worldwide. There is widespread international debate currently underway on how this group of uprooted people can be better protected and by whom. Can the Convention resolve refugee problems? People become refugees, either on an individual basis or as part of a mass exodus, because of political, religious, military and other problems in their home country. The Convention was not designed to tackle these root causes, but rather to alleviate their consequences by offering victims a degree of international legal protection and other assistance and eventually to help them begin their lives anew. Protection can contribute to an overall solution, but as the number of refugees increased dramatically in recent decades, it has become clear that humanitarian work cannot act as a substitute for political action in avoiding or solving future crises. What obligations does a refugee have? Refugees are required to respect the laws and regulations of their country of asylum. Is a Convention signatory required to give permanent asylum to all refugees? The Convention does not provide automatic or permanent protection. There will be situations where refugees will integrate permanently in their country of asylum, but alternatively a person may cease to be a refugee when the basis for his or her refugee status ceases to exist. Voluntary repatriation of refugees to their country of origin is UNHCR's 'preferred' solution, but only when conditions in that state permit their safe return. Can non-Convention countries refuse to admit would-be refugees? The principle of non-refoulement (refoulement is the forcible return of people to countries where they face persecution) is part of customary international law and is binding on all states. Therefore no government should expel a person in those circumstances. Who is not covered by the Convention? Persons who have committed crimes against peace, a war crime, crimes against humanity or a serious nonpolitical crime outside the country of refuge. Who or what is an 'agent of persecution'? This refers to a person or organization (governments, rebels or other groups ) which force people to flee their homes. The origin of the persecution, however, should not be decisive in determining whether a person is eligible for refugee status. What is important is whether a person deserves international protection because it is not available in the country of origin. What is 'temporary protection'? 3

Nations at times offer 'temporary protection' when they face a sudden mass influx of people, as happened during the conflict in the former Yugoslavia in the early 1990s, and their regular asylum systems would be overwhelmed. In such circumstances people can be speedily admitted to safe countries, but without any guarantee of permanent asylum. Thus 'temporary protection' can work to the advantage of both governments and asylum seekers in specific circumstances. But it only complements and does not substitute for the wider protection measures, including refugee asylum, offered by the Convention. Can a soldier be a refugee? A refugee is a civilian. Former soldiers may qualify, for instance, but a person who continues to take part in military activities cannot be considered for asylum. Are some countries, such as those in Europe, being swamped by asylum seekers? Countries around the world, including some in Europe, believe they are being overwhelmed by asylum seekers. And while it is true that numbers have increased inexorably in the last few decades in many areas, the concerns of individual states are all relative. The bottom line is that some nations in Africa and Asia (states with far fewer economic resources than industrialized countries) sometimes host larger numbers of refugees for far longer periods of time. But does the very fact of accession to the Convention provide a 'pull' factor for increasing numbers of asylum seekers? No. Some states hosting the largest refugee populations are not parties to refugee instruments. Geopolitical considerations or family links play a more crucial role as far as 'attractiveness' of destination is concerned. Does accession infringe upon state sovereignty? Sovereignty is never absolute. International relations imply a reasonable and acceptable level of compromise. The refugee instruments reconcile state interests with protection. The granting of asylum, for instance, has not been incorporated into the refugee instruments and continues to be at the discretion of individual governments. Can any country be declared 'safe' in the sense that it cannot produce refugees? No. Even in states where there is generally no serious risk of persecution, claims by nationals must still be considered. These may be channelled through an 'accelerated procedure' provided that the asylum seeker is given a fair hearing. How can accession be presented to a concerned government or local population? Some domestic concerns are linked to a misreading or misconception. The Convention and Protocol are nothing more than a general legal framework on which states can build their refugee policy and obligations imposed on governments are not as constraining as often suggested. To tolerate refugees instead of giving them legal existence might create a 'grey zone' which could fester and turn into a serious security or political problem.

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Refugees have rights - Questions & Answers

© Copyright Amnesty International

Who is a refugee? More than 140 governments have now signed the 1951 UN Convention relating to the Status of Refugees (the Refugee Convention). This Convention includes an internationally agreed definition of who is a refugee. A refugee is a person who is outside her country of origin and genuinely risks serious human rights abuses because of who she is or what she believes. She cannot or will not return because her government cannot or will not protect her. Because of the persecution she would face, a refugee is entitled to be protected against forcible return to her country of origin. Even if she is not a refugee, Amnesty International (AI) would also oppose the forcible return of anyone to a country where she can reasonably be expected to be in danger of torture, execution or “disappearance”. Likewise, AI opposes return to a country where a person faces the death penalty. What are her rights? Like anyone else, refugees have human rights. They also have rights because they are refugees. These rights include: • • • • • • •

Protection against discrimination Freedom of religion Identity and travel documents Work rights Housing, education and relief Protection against penalties for illegal entry Freedom of movement

Refugees should have access to a durable solution, which may be local integration in her country of asylum, resettlement to another country, or voluntary repatriation to her country of origin. Voluntary return should be safe and dignified and with full respect for human rights because history has shown that if a situation in a country is not stable, this will lead to people being forced to leave their homes again. Who is an asylum seeker? An asylum-seeker is a person who is seeking protection as a refugee even though she may not have been formally recognised as one. It normally applies to a person who is still waiting for the government to decide whether she is a refugee. The lack of a formal recognition does not make her any less entitled to protection of international refugee law. To ensure that refugees are able to access their rights, AI works to ensure that asylum-seekers • • •

are not prohibited from entering a country to seek asylum; have access to fair procedures for determining whether they are refugees; are not detained (unless they have been charged with a recognizably criminal offence);

Human Rights and Democracy course - Danish Red Cross Culture House - Spring 2006

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can contact family, friends, lawyers, interpreters and organisations that can help them (UN High Commissioner for Refugees - UNHCR); have access to basic economic, social and cultural rights, for example work, education, and social assistance.

Do asylum seekers have rights? Yes - The Universal Declaration of Human Rights (UDHR) sets out everyone’s basic human rights. Article 14 (1) says that “Everyone has the right to seek and enjoy in other countries asylum from persecution”. Because they may in fact be refugees, asylum-seekers should enjoy the same rights as refugees unless they are found not to be refugees. They therefore have rights under the Refugee Convention. AI does not oppose return of rejected asylum seekers if they have had access to a fair and satisfactory asylum procedure and their return can take place in safety, dignity and with full respect for human rights. Who is a migrant? A migrant is simply a person who moves from one place to another. They may be forced to leave because they are afraid, starving, or desperate for the safety and security of their family. They may move voluntarily. They may leave for a whole mixture of reasons. Do migrants have rights? Yes - Migrants are human beings, so they have human rights like the right to life, to freedom from arbitrary detention, freedom from torture, and to an adequate standard of living. There are some international legal standards which are specific to the rights of migrant workers, like Conventions of the International Labour Organization. AI welcomes that the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families entered into force on 1 July 2003. This is an important recognition that migrants’ rights must also be respected and protected. Who is an Internally Displaced Person (IDP)? An internally displaced person is a person who has had to flee one part of a country to another. The main difference between an IDP and a refugee is that a refugee has crossed an international border. Like refugees, IDPs leave because of problems like war, ethnic cleansing, religious persecution, or famine. Sometimes IDPs go on to ask for refugee status in another country because they could not find safety in their own. Do internally displaced persons have rights? Yes - Internally displaced persons are human beings, so they have human rights. Although their government is obliged to protect their human rights, one of the problems that IDPs have is that their government cannot or will not protect them. To make it clear that IDPs have rights, and to remind governments of their obligations to protect IDPs, the UN developed Guiding Principles on Internal Displacement. Although they are not binding in the same way that a treaty is, they draw on human rights law, humanitarian law (the law of war), and refugee law. Facts and figures Current estimates are that there are 175 million migrants in the world, which is roughly 2.8% of the world’s population, currently estimated to be 6.3 billion. There is an estimated 10.6 million refugees in the world, or roughly 0.17% of the world’s population. And numbers of internally displaced persons are currently estimated to be around 25.8 million, 0.4% of the world’s population. Human Rights and Democracy course - Danish Red Cross Culture House - Spring 2006

Study material: Refugees have rights page 2

The majority of refugees and IDPs are in Asia and Africa, which between them host a total of 9.2 million refugees and 18.1 million IDPs. What does Amnesty International do to protect the rights of refugees, asylum-seekers, migrants and IDPs? AI does research and advocacy for the protection and promotion of the human rights of refugees, asylum seekers, migrants and IDPs. We work towards securing their fundamental rights and to improving and maintaining the quality of protection of people who are entitled to it. We do this by exposing human rights abuses and protection failures, advocating policy and legal changes, and sometimes through taking action on individual cases or issues. AI has a global network of Refugee Coordinators in more than 50 countries who take action on some individual cases or issues, lobby their own governments for changes in laws and policies and work with other nongovernment organisations to promote the protection of the rights of asylum seekers, refugees, migrants and IDPs. The staff at the International Secretariat in London and Geneva work towards influencing international policy and standard setting, as well as advocating for the effective implementation of international standards, policies and guidelines in a way that respects the human rights of asylum-seekers, refugees, migrants and IDPs. Refugee Coordinators, the International Secretariat as well as UN offices in Geneva, New York and an EU office in Bruxelles work towards an overall strengthening of the international protection framework. This includes calling on states to share responsibility for protecting refugees. Amnesty International does not represent individual asylum-seekers or refugees, but sometimes takes action in individual cases. If Amnesty International does not actively support a particular case it does not necessarily mean that the organisation believes that the person or persons concerned is not deserving of protection as a refugee. Asylum-seekers, lawyers, and decision-makers often use country information and analysis from AI reports during asylum procedures.

Human Rights and Democracy course - Danish Red Cross Culture House - Spring 2006

Study material: Refugees have rights page 3

Democracy is found at many levels and it is important to be aware that democracy doesn't only involve those debates, which you find in parliament. Democracy is also ordinary peoples' engagement in everyday questions through participating in school committees or being a member of a local sports association or the church council. One important question is however, whether or not people have a duty to participate in democracy. From a purely legal point of view no one could ever say that someone had a duty to use their democratic rights. On the other hand there are a number of people who think that people have a moral duty to participate actively in the democratic debates, which take place around them. Competition Another important component of democracy is competition. Can you talk about democracy if you can only vote for one party or one candidate to a position of trust? It is very doubtful. Democracy requires that each individual has a number of possibilities to vote for because only through having many possibilities can an individual's freedom be secured and coercion avoided. But around the world there are a number of places where citizens don't have a real choice when they go to the ballot box. This can be due to a number of things like a lack of tradition of participating in a country's governance for example, among other things, because of corruption, peer pressure or respect for elders' authority. South Africa and many other African states are examples of how it can be difficult to combine a tradition of respect for authority with the wish for democratisation. Civil and political rights The last fundamental element in democracy is the so-called civil and political rights, which ensure that democracy can function. The civil and political rights are human rights, which all people must have in order to live life in dignity. To be counted among the civil and political rights are freedom of speech, freedom of assembly, freedom to organise, the right to vote and the right to participate in the governance of ones country. Many people will ask whether or not democracy is also a human right. In fact, it is not. The Universal Declaration of Human Rights and the big international Human Rights Covenants actually only proscribe a number of political and civil rights which are important conditions for democracy to function. Democracy in an intercultural perspective Democracy is often seen as a European or North American phenomenon. It is not everywhere in the world that people think that democracy is the fairest way to govern a society. In some places people think that there can be other systems of government, which can be just as good. In this connection one can mention a village council composed of the village elders or there can be forms of government where the priest, or similar, have the authority in the community. Because there are so many opinions about who is the legitimate authority in a society democracy is not inserted in the international documents on Human Rights. But nonetheless there are more and more places in the world where changes are happening, which benefit a greater degree of democratisation. Democracy can have many faces and many forms and democratic government and traditions are developing constantly. Some countries change very quickly from being non-democracies to suddenly being democratic. The process of going from a nondemocracy to a democracy is called a process of democratisation. Many African, Asian, Latin American and eastern European countries have gone through -or are going through - processes of democratisation. Democracy is also about tradition and it is impossible to introduce democratic rules and decision-making processes from one day to the next. It takes a long time to develop a democratic society. In Denmark for example, it has taken 150 years to develop the democratic society, which we have today. No system of government is perfect and it is fruitful for all people to understand and know about the forms of government in other cultures. The need for education in democracy It is important not to loose sight of the fact that democracy is about respect and dialogue. It deals with tolerance and understanding other people, their attitudes and their view of life - both in the immediate environment -and also at the international level. A democracy has to be defended. It must be protected and it should develop. One should not take democracy for granted but instead try to train and educate people to use their democratic rights. Democracy is not a Human Right and democratic rights can be lost. To have a vital democracy therefore requires debate, education, participation and the possibility of having an impact on the decisionmaking processes. Henriette Christiansen This article has been taken from the book ”The Global Guest Teacher” 1999, AFS Interkultur, Nordre Fasanvej 111, 2000 Frederiksberg, Denmark.

Constitution Introduction The cornerstone of the Danish constitution is Danmarks Riges Grundlov (The Constitutional Act of the Kingdom of Denmark) of 5 June 1953. This is the result of developments in constitutional law that began in 1849 with the introduction of a bicameral parliament and with human rights guaranteed by the Constitution. Today Denmark has a unicameral system, a system of parliamentary government and a queen who has only formal and ceremonial functions. The Constitution has not been changed since 1953, but by way of legislation and treaties farreaching changes have been made in the constitutional legal structure, not least as a result of Danish membership of the EU. The Government until 1849 The Constitution of 1849 brought an end to the system of government that had obtained since the introduction of absolutism in 1660-1661. Under the absolute monarchy, the king had an unusually powerful position according to European reckoning. Not only did he head the government and administration, but he also formally held the presidency of the country’s highest court, the Supreme Court, which was established in 1661. Neither the nobility, clergy or citizenry had any formal check on the king’s power. During the 18th century profound changes took place in the organisation of the state. Under the influence of French political philosophy the independence of the courts in relation to the king and the rest of the executive power was acknowledged; the king did not take part in the work of the Supreme Court; the nobility and the citizens took part in the administration of the state. The first steps towards a democratic representation were taken 1834, when the king established the Advisory Provincial Assemblies. Discussion here acted as a preparation for the constitutional system that was introduced 1848-1849 by the National Constitutional Assembly. The fact that on 5 June 1849 Denmark was given a new Constitution replacing the absolute monarchical system was due in part to contemporary developments in Europe and in part to internal problems in the Danish monarchy. The Constitution The Constitution of 1849 is based on the principle of distribution of power, putting the legislative power in the joint hands of the king and Parliament, and the judicial power with the independent courts. The Parliament (the Rigsdag) consisted of two chambers, the Landsting and the Folketing. Every man of 30 and above had the right to vote in elections to the Folketing; exceptions were servants, those in receipt of charitable relief, those with criminal convictions and bankrupts. Although suffrage was universal according to the standards of that time, only about 13-14% of the adult population were in fact entitled to vote. All those with a right to vote in Folketing elections could also vote in Landsting elections, but the election of members of the Landsting was carried out indirectly, by electors, and eligibility was restricted to those aged 40 or more with a sizeable income.

Rights Ensured by the Constitution In stipulating that anyone arrested should be brought before a judge within 24 hours, the 1849 Constitution established the right to freedom of the individual; it also ensured the inviolability of one’s dwelling and the right of property. At the

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same time freedom of expression, freedom to form associations, and freedom of assembly were guaranteed. The Constitution ensured everyone the right to public assistance and free schooling. The king’s powers were strictly limited, but the monarchy retained certain prerogatives. The royal assent was necessary for bills passed by both chambers of the Rigsdag. The king himself chose his ministers, and he represented the nation in relation to other countries. The courts achieved independence in their functions, but the judges were still appointed by the king. The Constitution promised the introduction of juries in major criminal and political cases, a promise that was not fulfilled until the 1916 Administration of Justice Act. Changes to the Constitution 1866-1915 Denmark’s relations with its southern neigbours, particularly Prussia, has played a decisive role for constitutional developments. In 1866 a new Constitution was adopted for the radically reduced area of Denmark left after the Danish defeat at the hands of Prussia in 1864. The 1866 Constitution included strict limits on the almost universal male suffrage that had been recognised by the 1849 Constitution. In 1915, during the First World War, broad agreement was reached on constitutional reform. Universal suffrage was introduced, so that women and servants were also given the right to vote. While since 1849 there had been elections by majority vote in single constituencies, in 1918 an electoral system was introduced combining proportional representation with elections in individual constituencies. Although since the beginning of the century there had been a desire to introduce referenda, partly by the Social Democrats and partly the Social Liberals, which were in power during the war, the 1915 Constitution only contained provision for referenda in connection with constitutional change. The Constitutional Reform of 1920 A constitutional reform in 1920 adapted the 1915 Constitution to the expanded Danish territory following the return of Southern Jutland to Denmark. In 1939 the Rigsdag passed a new Constitution, but it did not receive sufficient support in the referendum, and the 1915/20 Constitution thus remained in force during the Second World War. During the German occupation considerable departures from the provisions of the Constitution were necessary; thus decrees replaced certain laws after the resignation of the government on 29 August 1943. These decrees were issued by the civil servant heads of departments. On 5 June 1915, about 15,000 women marched through Copenhagen to Amalienborg Palace Square to celebrate the coming into force of the Constitution giving them full political rights. King Frederik IX signs the new constitution, the Constitution of 5th June 1953. The Prime Minister Erik Eriksen was present. The voters' interest in reform was muted, but the associated Act of Succession, xhich ensured Princess Margrethe the right of accession, led to the then necessary 45% of voters turning out and voting in favor. The Constitution of 1953 After the end of the Second World War work began on reforming the Constitution, but only in 1953 was a result achieved that could gain sufficient political support. The Constitution of 5 June 1953 abolished the Landsting and confirmed the parliamentary principle for the composition of the government. Since 1901 the Danish king had accepted that he could not appoint a government that would lack the confidence of the majority in the Folketing; however, it was only in the 1953 Constitution that it was expressly stated that the Folketing can declare its lack of confidence in a government, which in that case must either resign or call an election.

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The 1953 Constitution maintains and expands the protection of human rights. Defence of personal freedom was extended to intensified control by the courts of administrative deprival of freedom, e.g. in the case of insanity. And the experiences of the war formed the background of an express prohibition of deprivation of freedom on account of descent, religious or political convictions. The 1953 Constitution applies also to the Faeroe Islands and Greenland. On the basis of special legislation these two areas have achieved a relatively high degree of self-government, the so-called home rule government (the Faeroe Islands in 1948, Greenland in 1979). Female Succession to the Throne Linked to the Constitution of 1953 there is a special Act of Succession, according to which women also have the right of succession to the Danish throne, but only secondarily. On the death of King Frederik IX in 1972 his eldest daughter acceded to the throne as Queen Margrethe II. As head of state the Queen represents Denmark abroad and heads the government, but has no political power. The Folketing The most important political organs are the Folketing and the Government. The Folketing consists of 179 members, two of whom are elected in Greenland and two in the Faeroe Islands. The remaining 175 members are elected in Denmark. The nominated candidates are elected on the basis of proportional representation, but the candidates run in individual single constituencies, and so most of those elected have a local connection reminiscent of those elected by majority voting in individual constituencies. 135 of the 175 members of the Folketing are elected on the basis of the votes cast for them in the local constituencies, while the remaining 40 members are chosen with a view to ensuring an overall proportional representation of the parties to which the candidates are linked. It is possible to run without belonging to the political parties, but only in once instance (1994) has a candidate succeeded in gaining election in this manner. The voting age is not specified in the Constitution, but is decided in a special Act that must be approved by referendum. The voting age since 1978 has been 18. Immigrants without Danish nationality do not have the right to vote for the Folketing, but since 1989 they have been able to vote and had the right of election in local elections.

The Government The Government is appointed by the Queen and consists of the Prime Minister and the other ministers each with their own Department; individual ministers can be without a specific Department (i.e. without portfolio). The choice of Prime Minister and other ministers is determined by the party composition in the Folketing. The government appointed may not have a majority of the Folketing against it. A newly appointed government begins working without necessarily having achieved a positive vote of confidence from the Folketing. Legislation The Folketing and the government co-operate in legislation. Bills are laid before the Folketing, where they are read three times. Bills contain not only the proposed legal text, but also the proposer’s motives for the proposal. These motives, together with minutes of discussions in the Folketing and its committees can be of significance in a subsequent interpretation of the act when passed.

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When a bill has been passed by the Folketing it must be approved by the Queen and the government. The Queen does not adopt an independent stance, but follows the advice of the government. Elections Elections to the Folketing take place at least every four years, but the Prime Minister has the right to dissolve the Folketing and thus force an election. This right plays an important part, as the Prime Minister and the Government have, over the years, often been in a weak position in relation to the Folketing. Most governments since the Second World War have been minority governments without any firm agreements on Cooperation, and the government has therefore had to carry out its programme by means of compromise from one matter to another with parties outside the government. The threat of a dissolution of the Folketing has occasionally motivated parties that could foresee a poor election result to enter into a compromise with the government. Foreign Policy The government has a number of other powers that are directly provided for in the Constitution. It is thus the Government that leads the country’s foreign policy, but the Folketing controls the government’s activities. In major foreign policy decisions the government must consult a special parliamentary committee, the Foreign Policy Committee. Before entering into treaties, the approval of the Folketing can be legally necessary. Of particular significance is the co-operation developing within the EU. In accordance with the Constitution, accession to the EU (then the EC) took place on the basis of section 20 of the Constitution, which deals with co-operation in the field of foreign policy implying the surrender of constitutional powers to so-called supranational organisations. According to section 20 the establishment of this intense kind of international co-operation demands that there must be a majority in the Folketing of at least 5/6 of the members; if this is not the case a referendum must be held. Such a referendum was held in October 1972, demonstrating that a significant majority of the people was in favour of Denmark’s joining the EC. Furthermore, the co-operation within the EU has led to five referenda: in 1986 on the Single European Act, in 1992 on the Maastricht Treaty, in 1993 on the Edinburgh Agreement, in 1998 on the Amsterdam Treaty, and in 2000 on Denmark’s joining the Single European Currency, the euro. Referendum: When the Folketing has passed a bill, a minority of 1/3 of the members can demand a referendum according to the terms of section 42 of the Constitution. A minority in the Folketing thus has the possibility of ensuring that the majority that has just passed a bill also has a corresponding majority of the people behind it. If it emerges in the referendum that this is not the case, the bill is lost. Public Administration The state administration is in the hands of the individual ministers who in accordance with the law issue orders more closely regulating individual areas. Part of the state administration is accorded functional independence of the government and the individual minister. This applies in particular to committees requiring special expert knowledge or with representatives of organisations or political groupings as members. Public administration is not the province solely of the state. Local authority independence is established in section 82 of the Constitution, and many of the administrative powers are delegated to the 13 counties and the 271 local authorities into which Denmark is divided (2004). The passing of the Constitution of 1953 allowed for the introduction of a special check on the administration, the Folketing Ombudsman, who took up his duties in 1954. The Ombudsman is chosen by the Folketing and on the basis of complaints or on his own initiative he examines questions of mistakes or negligence in the public administration.

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Courts The independent courts constitute part of the distribution of power. Cases are generally dealt with in the first instance by a local or city court, and appeals against the judgements of the city courts can be made to one of the two High Courts. A few big cases and cases touching on administrative matters and certain other categories are dealt with by one of the two High Courts in the first instance. The highest court is the Supreme Court (Højesteret), which only deals with cases that have already been dealt with by one of the two High Courts. In the Danish court system there is no provision for special procedures or court organisation for administrative cases. These are dealt with by the ordinary courts. Nor is there a constitutional court. Constitutional questions must be decided by the court that is otherwise dealing with the case, and in the final instance the question can be decided by the Supreme Court. Danish courts have been very reluctant to have recourse to the Constitution, and it was not until 1999 tbat the Supreme Court rejected a politically important Act as being contrary to the Constitution. The judges are appointed by the Queen. The independence of the judges in carrying out their duties is ensured by section 64 of the Constitution, according to which in the performance of their duties judges shall be governed solely by the law. In contrast to other state appointed employees, judges cannot be dismissed administratively; they can only be dismissed by a court judgement. In 1999 the administration of the courts was transferred to an independent state institution, the Court Administration. An independent comittee has been established which recommends the Ministry of Justice to appoint judges. These recommendations have so far been complied with. An independent comittee has been established which recommends the Ministry of Justice to appoint judges. These recommendations have so far been complied with. The Courts and the Human Rights Enshrined in the Constitution The courts have an essential function in protecting the human rights enshrined in the Constitution. To a great extent the central element in this protection consists in access to checks by the courts. The checks can be obligatory as with arrest of over 24 hours (cf. section 71 of the Constitution), or they can result from informal applications on the part of interested parties as in the case of checks on administrative imprisonment according to section 71, subsection 6, introduced in 1953. Court supervision can also be precursive as with checks on searches and breaches of the secrecy of communications (section 72). Political freedom encompasses especially the freedom of expression, section 77, freedom of assembly, section 79, and the freedom to form associations, section 78. These provisions, however, are not limited to political expressions, assemblies and associations, but also apply to financial, cultural, religious and other activities. Constitutional Changes It is difficult to change the Constitution. The procedure is spelt out in section 88 of the Constitution. A change or addition to the Constitution must first be passed by the Folketing; this approval must then be repeated after a general election; there is the further demand that a referendum shall be held on the constitutional proposal in which a majority of the votes cast must be in favour of the proposal, and this majority shall be of at least 40% of all those entitled to vote. It is especially this last condition which might be difficult to fulfil. Denmark’s membership of the EU since 1973 has radically changed the conditions for parliamentary supervision of the production of regulations. A significant proportion of the regulations obtaining in Denmark have come from EU institutions or have been approved at national level for implementing EU directives. To strengthen parliamentary control a special Folketing committee has been established, the European Committee, chosen by and from the members of the Folketing. The Government consults the committee, which authorises the Government to assert its various standpoints. The European Committee has therefore a basis to exert a very tight control of the Government.

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The enormous volume of matters to be dealt with, however, makes it difficult to exercise the controls effectively, and preparation in the European Committee does not ensure a public discussion of the matters under review. A Danish Supreme Court judgement confirmed in 1998 that Denmark’s membership of EU as regulated by the Maastricht Treaty is not a contravention of the Danish Constitution. Consideration is regularly given to the question of whether the 1953 Constitution ought to be revised. Some politicians, for instance, would like to strengthen the Folketing by limiting the Government’s right to dissolve it and call an election, and by making possible an independent judicial assessment of bills. Other politicians see a great need to strengthen the government, which, for instance in a minority situation, is often in a weak position. The European Convention of Human Rights In 1953 Denmark ratified the European Convention on Human Rights. Before ratification certain minor changes were carried out in Danish law, so that Danish law was assumed to be in agreement with the Convention. The Convention’s provisions could not be directly applicable to Danish law, because it would be necessary to start from the dualistic concept of the relationship between Danish law and international law as two separate judicial areas. With the expansive interpretation which the Court of Human Rights practises, it was a problem that the Convention does not constitute part of Danish law, and in an Act from 1992 it was determined that the Convention is to be considered part of Danish law. The Convention’s protection of human rights applies, however, only as a parliamentary act and is not at a level with the protection of human rights contained in the Constitution. Nevertheless, the courts have used the Convention more than the Constitution as the basis for criticising legislation. Denmark in the EU Together with Great Britain, Norway and Ireland, Denmark applied for membership of the EC in 1961 and 1967, but on each occasion de Gaulle vetoed British membership, and Denmark did not wish to enter the Community without Great Britain. Negotiations for admission were resumed after the summit meeting in the Hague in 1969, and from 1st January 1973 Denmark became a member together with Ireland and Great Britain. This was preceded by a binding referendum in which 63.3% voted in favour and 36.7% against membership. In the Council of Ministers, the decisions are normally passed by simple majority, but certain matters demand a qualified majority with weighted voting. Denmark has 3 votes out of 87. Of the Commission's 20 members, Denmark has 1 Commissioner, currently Poul Nielson with responsibility for development and humanitarian aid. The EU Parliament has 626 members, of whom 16 are Danes, and is elected for periods of 5 years. The first direct election was in 1979, and the numbers voting in European elections in Denmark have varied between 46% and 53% of the electorate. Since 1973 more areas of policy have been brought under the influence of the Community, and six new countries have been admitted (Greece, Portugal, Spain, Sweden, Finland and Austria). Denmark has held severalreferenda on EU policy: In 1986 56.2% voted for and 43.8% against the Single European Act. In 1992 49.3% voted for and 50.7% against the Maastricht Treaty. In 1993 56.8% voted in favour and 43.2% against the Maastricht Treaty with the opt-outs agreed in Edinburgh. The opt-outs encompassed defence policy, the third phase of EMU and a common currency, union citizenship, the judicial field and finally stipulated that the objectives of the Union should not apply to these four areas. In 1998 55.1% voted for and 44.9% against the Amsterdam Treaty, and in 2000 53.1% voted against and 46.9% for Denmark’s joining the Single European Currency, the euro.

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Denmark's attitude to membership changed character in the mid- 1980s. In the first period EU policy was strongly influenced by the fact that the Social Democrats were divided on the issue, and for this reason special emphasis was placed on furthering economic and monetary co-operation. Since the 1986 referendum, which marked the culmination of domestic political disagreements, Denmark has been more active, for instance seeking to improve environmental policy in order to create greater openness in the EU and to encourage a broad intake of East European countries. There is, however, still widespread scepticism in the population as regards integration and the further renunciation of sovereignty. Mogens Rüdiger, Gyldendal Leksikon. Source: www.denmark.dk

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