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1995 Treaty Between
the UNHCR and China1



Role of UNHCR Office in China

  • The UNHCR office is to perform the function of international protection and humanitarian assistance to refugees in China. [Art. II, and Art III,1]. China welcomes this function. [Art. IV,1].
  • The UNHCR office will also exercise functions assigned to it by the High Commissioner in relation to his mandate for refugees. [Art. IV,4].

Primacy of the UNHCR Mandate

  • The UNHCR office shall fulfill all of its functions in accordance with the UNHCR mandate. [Art. II, Art. IV,2, and Art. IV,4].

Cooperation Between UNHCR and China

  • The Agreement is entered in the spirit of conducting friendly cooperation. [last paragraph before numbered clauses].
  • The Agreement provides for the basic conditions under which UNHCR shall, within its mandate, cooperate with the Government. [Art. II].
  • Cooperation regarding international protection of and humanitarian assistance to refugees shall be carried out on the basis of:
    • Statute of the UNHCR,
    • Relevant UN resolutions and decisions,
    • Article 35 of the 1951 Convention Relating to the Status of Refugees, and
    • Article 2 of the 1967 Protocol Relating to the Status of Refugees. [Art. III,1].

UNHCR's Right to Unimpeded Access

  • "In consultation and cooperation with the Government, UNHCR 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].

Resolving Disputes

  • The UNHCR has the right to submit an unresolved dispute with China that arises out of or relates to this Agreement to binding arbitration. Each party is given 30 days to appoint an arbitrator, and the two arbitrators are given 15 days to appoint a third, who shall be the chairman. If arbitrators have not been appointed within this time, either party may ask the President of the International Court of Justice to appoint one. All decisions shall require a vote of two of them. The arbitral award shall be accepted by the Parties as the final adjudication of the dispute. [Art. XVI].

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.