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Key Provisions of 1995 Treaty Between China and the UNHCR1
- Agreement provides basic conditions under which UNHCR shall, within its mandate,
- cooperate with China
- upgrade its mission to a branch office
- perform the function of international protection and humanitarian assistance in the interest of refugees in China [Art II].
- UNCHR and China’s cooperation in field of international protection of humanitarian assistance to refugees shall be carried out on basis of:
- Statute of UNHCR
- Relevant UN resolutions and decisions
- Article 35 of the 1951 Convention Relating to Status of Refugees
- Article 2 of the 1967 Protocol Relating to Status of Refugees [Art III,1]
- "In consultation and cooperation with the Government, UNCHR personnel may at all times have unimpeded access to refugees and to the sites of UNHCR projects in order to monitor all phases of their implementation." [Art III,5]
- China welcomes the upgrade "for the purpose of providing international protection and humanitarian assistance to refugees in the host country [China]" [Art IV,1]
- UNHCR office shall fulfill its functions in accordance with UNHCR’s mandate. [Art IV,2]
- UNCHR office will exercise functions as assigned by the High Commissioner in relation to her mandate for refugees. [Art IV,4].
- "Any disputes between the Government and the UNHCR arising out of or relating to this Agreement shall be settled amicably by negotiation or other agreed mode of settlement. If this fails, such dispute shall be submitted to arbitration at the request of either Party. In that case, each Party shall appoint one arbitrator, and the two arbitrators so appointed shall appoint a third, who shall be the chairman. If within thirty days of the request for arbitration neither Party has appointed an arbitrator or if within fifteen days of the appointment of two arbitrators the third arbitrator has not been appointed, either Party may request the President of the International Court of Justice to appoint an arbitrator. All decisions of the arbitrators shall require a vote of two of them. The procedure of the arbitration shall be fixed by the arbitrators. The arbitral award shall contain a statement of the reasons on which it is based and shall be accepted by the Parties as the final adjudication of the dispute." [Art XVI]
- "Any other matters not covered by this Agreement shall be settled by the Parties in keeping with the relevant resolutions and decisions of the appropriate organs of the United Nations. Each Party shall give full and sympathetic consideration to any proposal advanced by the other Party under this paragraph." [Art XVII]
1 "UNITED NATIONS (UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES and CHINA Agreement on the upgrading of the UNHCR Mission in the People's Republic of China to UNHCR branch office in the People's Republic of China." Signed at Geneva on 1 December 1995. UN Treaty Series, Vol. 1898/1899, I-32371, pages 61-71.
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