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难民海员协议 AGREEMENT RELATING TO REFUGEE SEAMEN, THE HAGUE, NOVEMBER 23, 1957

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颁布日期:19571123

  PREAMBLE

  The Governments of the Kingdom of Belgium, the Kingdom of Denmark, theFrench Republic, the Federal Republic of Germany, the United Kingdom ofGreat Britain and Norway and Northern Ireland the Kingdom of theNetherlands the Kingdom of Norway and the Kingdom of Sweden.

  Being Governments of States Parties to the Convention of July 28,1951, relating to the Status of Refugees,

  Desirous of making further progress towards a solution of the problemof refugee seamen in the spirit of Article 11 and of maintainingco-operation with the United Nations High Commissioner for Refugees in thefulfilment of his functions, especially having regard to Article 35 of theabove-mentioned Convention.

  Having agreed as follows:

  CHAPTER I

  Article 1

  For the purposes of this Agreement:

  (a) the term “Convention” shall apply to the Convention relatingto the Status of Refugees of July 28, 1951;

  (b) the term “refugee seaman” shall apply to any person who, beinga refugee according to the definition in Article 1 of the Convention andthe declaration or notification made by the Contracting State concerned inaccordance with Section B of that Article, is serving as a seafarer inany capacity on a mercantile ship, or habitually earns his living as aseafarer on such a ship.

  CHAPTER II

  Article 2

  A refugee seaman who is not lawfully staying in the territory of anyState and who is not entitled to admission for the purpose of so stayingto the territory of any State, other than a State where he haswell-founded fear of being persecuted for reasons of race, religion,nationality, membership of a particular social group or politicalopinion, shall become entitled to be regarded, for the purpose of Article28 of the Convention, as lawfully staying in the territory——

  (a) of the Contracting Party under whose flag he, while a refugee,has served as a seafarer for a total of 600 days within the three yearspreceding the application of this Agreement to his case on ships callingat least twice a year at ports in that territory, provided that for thepurposes of this paragraph no account shall be taken of any serviceperformed while or before he had a residence established in the territoryof another State;

  or, if there is no such Contracting Party,

  (b) of the Contracting Party where he, while a refugee, has hadhis last lawful residence in the three years preceding the application ofthis Agreement to his case, provided that he has not, in the meantime,had a residence established in the territory of another State.

  Article 3

  A refugee seaman who on the date when this Agreement enters intoforce——

  (i) is not lawfully staying in the territory of any State and isnot entitled to admission for the purpose of so staying to the territoryof any State, other than a State where he has well-founded fear of beingpersecuted for reasons of race, religion, nationality, membership of aparticular social group or political opinion and

  (ii) is not in accordance with Article 2 of this Agreementregarded as lawfully staying in the territory of a Contracting Party

  shall become entitled to be regarded, for the purpose of Article 28 ofthe Convention, as lawfully staying in the territory——

  (a) of the Contracting Party which after December 31, 1945, andbefore the entry into force of this Agreement last issued to, or extendedor renewed for him, while a refugee, a travel document valid for return tothat territory whether or not that document is still in force; or, ifthere is no such Contracting Party.

  (b) of the Contracting Party where he, while a refugee, afterDecember 31, 1945, and before, the entry into force of this Agreement waslast lawfully staying; or, if there is no such Contracting Party.

  (c) of the Contracting Party under whose flag he, while a refugee,after December 31, 1945, and before the entry into force of thisAgreement last has served as a seafarer for a total of 600 days within anyperiod of three years on ships calling at least twice a year at ports inthat territory.

  Article 4

  Unless otherwise decided by the Contracting Party concerned, a refugeeseamen will cease to be regarded as lawfully staying in the territory of aContracting Party when he, after the date upon which he, in accordancewith Article 2 or 3 of this Agreement, last became entitled to be soregarded——

  (a) has established his residence in the territory of anotherState, or

  (b) within any period of six years following that date, has beenserving a total of 1 350 days on ships flying the flag of one other State,or

  (c) within any period of three years following that date, neitherhas served at least a total of 30 days as a seafarer on ships flying theflag of that Contracting Party and calling at least twice a year at portsin its territory nor has stayed for at least a total of ten days in theterritory of that Party.

  Article 5

  For the purpose of improving the position of the greatest possiblenumber of refugee seamen, a Contracting Party shall give sympatheticconsideration to extending the benefits of this Agreement to refugeeseamen who, according to its provisions, do not qualify for thosebenefits.

  CHAPTER III

  Article 6

  A Contracting Party shall grant to a refugee seaman in possession of atravel document issued by another Contracting Party and valid for returnto the territory of that Contracting Party the same treatment as regardsadmission to its territory in pursuance of a previous arrangement to serveon a ship, or for shore-leave, as is granted to seafarers who arenationals of the last mentioned Party, or at least treatment not lessfavourable than is granted to alien seafarers generally.

  Article 7

  A Contracting Party shall give sympathetic consideration to a requestfor temporary admission to its territory by a refugee seaman who holds atravel document valid for return to the territory of another ContractingParty with a view to facilitating his establishment in another State orfor other good reason.

  Article 8

  A Contracting Party shall endeavour to ensure that any refugee seamanwho serves under its flag and cannot obtain a valid travel document isprovided with identity papers.

  Article 9

  No refugee seaman shall be forced, as far as it is in the power of theContracting Parties, to stay on board a ship if his physical or mentalhealth would thereby be seriously endangered.

  Article 10

  No refugee seaman shall be forced, as far as it is in the power of theContracting Parties, to stay on board a ship which is bound for a port,or is due to sail through waters, where he has well-founded fear ofpersecution for reasons of race, religion, nationality, membership of aparticular social group or political opinion.

  Article 11

  The Contracting Party in the territory of which a refugee seaman islawfully staying or, in accordance with this Agreement, is for the purposeof Article 28 of the Convention regarded as lawfully staying, shall admithim to its territory if so requested by the Contracting Party in whoseterritory that seaman finds himself.

  Article 12

  Nothing in this Agreement shall be deemed to impair any rights orbenefits granted by a Contracting Party to refugee seamen apart from thisAgreement.

  Article 13

  (1) A Contracting Party may, for compelling reasons of nationalsecurity or public order, consider itself released from the obligationsincumbent on it under this Agreement with regard to a refugee seaman. Therefugee seaman in question shall be allowed such period as may bereasonable in the circumstances to submit to the competent authorityevidence to clear himself, except where there are reasonable grounds forregarding the refugee seaman in question as a danger to the security ofthe country where he is.

  (2) A decision made in accordance with paragraph 1 of this Articledoes not, however, release the Contracting Party in question from itsobligations under Article 11 of this Agreement with respect to a refugeeseaman to whom it has issued a travel document, unless the request foradmission to its territory is presented to that Party by anotherContracting Party more than 120 days after the expiration of that traveldocument.

  CHAPTER IV

  Article 14

  Any dispute between the Contracting Parties relating to theinterpretation on application of this Agreement. which cannot be settledby other means. shall be referred to the International Court of Justice atthe request of any one of the parties to the dispute.

  Article 15

  This Agreement shall be subject to ratification. Instruments ofratification shall be deposited with the Government of the Kingdom of theNetherlands.

  Article 16

  This Agreement shall come into force on the 90th day following the dayof deposit of the eight instrument of ratification.①

  [ ① The Agreement entered into force on December 27, 1961.]

  Article 17

  (1) Any Government which undertakes obligations with respect torefugee seamen under Article 28 of the Convention or obligationscorresponding thereto may accede to this Agreement.

  (2) Instruments of accession shall be deposited with the Government ofthe Kingdom of the Netherlands.

  (3) This Agreement shall come into force with respect to each accedingGovernment on the 90th day following the day upon which its instrument ofaccession was deposited, but not before the date of entry into force asdefined in Article 16.

  Article 18

  (1) Any Government may, at the time of ratification or accession or atany time thereafter, declare that this Agreement shall extend to anyterritory or territories for the international relations of which it isresponsible. provided that it has undertaken in relation thereto suchobligations as are mentioned in paragraph (1) of Article 17.

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

  (3) The extension shall take effect on the 90th day following the dayupon which the notification was received by the Government of the Kingdomof the Netherlands, but not before the date of entry into force as definedin Article 16.

  Article 19

  (1) A Contracting Party may denounce this Agreement at any time by anotification addressed to the Government of the Kingdom of theNetherlands.

  (2) The denunciation shall take effect one year from the date uponwhich the notification was received by the Government of the Kingdom ofthe Netherlands, provided that where the Agreement has been denounced by aContracting Party, any other Contracting Party after consulting theremaining Parties, may denounce the Agreement with effect from the samedate, so however that not less than six months' notice is given.

  Article 20

  (1) A Contracting Party which has made a notification under Article 18may, at any time thereafter, by a notification addressed to the Governmentof the Kingdom of the Netherlands, declare that the Agreement shall ceaseto apply to the territory or territories specified in the notification.

  (2) The Agreement shall cease to apply to the territory concerned oneyear from the date upon which the notification was received by theGovernment of the Kingdom of the Netherlands.

  Article 21

  The Government of the Kingdom of the Netherlands shall inform theGovernments mentioned in the Preamble and all acceding Governments ofdeposits and notifications made in accordance with Articles 15, 17, 18, 19and 20.

  IN WITNESS WHEREOF, the undersigned, duly authorised to that effect,have signed this Agreement.

  DONE AT THE HAGUE, this twenty-third day of November 1957, in theEnglish and French languages, both texts being equally authoritative, in asingle copy which shall remain deposited in the archives of the Governmentof the Kingdom of the Netherlands, which shall transmit certified truecopies thereof to the Governments mentioned in the Preamble and allacceding Governments.

  Signatories: Belgium, Denmark, France, Federal Republic of Germany,United Kingdom of Great Britain and Northern Ireland, Netherlands, Norway,Sweden.

  Ratifications: United Kingdom of Great Britain and Northern Ireland,August 9, 1958; Belgium, May 16, 1960; Denmark, September 2, 1959;France, June 20, 1960; Federal Republic of Germany, September 28, 1961;Netherlands August 27, 1959; Norway, May 28, 1959; Sweden, May 28, 1959.

  Accessions: Monaco, April 11, 1960; Morocco, May 20, 1959.

  Extensions: Jersey, Guernsey and the Isle of Man, October 14, 1959;British Honduras, British Solomon Islands, Protectorate, Dominica,Falkland Islands, Fiji, Gambia, Gilbert and Ellice Islands, Grenada,Jamaica, Mauritius, St. Helena, St. Vincent, Seychelles, all July 21,1961

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