Law 1999 on the Accession of the Republic of Moldova to the Convention Relating to the Status of Refugees, as well as the Protocol Relating to the Status of Refugees | Lawyer Moldova

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Saturday, 26 January 2013

Law 1999 on the Accession of the Republic of Moldova to the Convention Relating to the Status of Refugees, as well as the Protocol Relating to the Status of Refugees

The Parliament of the Republic of Moldova adopts this organic law.

Art. 1 - The Republic of Moldova accedes to the UN Convention relating to the Status of Refugees adopted on 28 July, 1951 at Geneva (hereinafter referred to as Convention), considering itself bound by Article 1section B paragraph (1) letter B thereof, that is to say "events occurring in Europe or elsewhere before 1 January 1951", as well as the Protocol Relating to the Status of Refugees, adopted on 31 January, at New-York, with the following declarations and reservations:
1. According to the paragraph 1, article 40 of the Convention, the Republic of Moldova declares that, until the full restoration of the territorial integrity of the Republic of Moldova, the provisions of this Convention are applicable only in the territory where the jurisdiction of the Republic of Moldova is exercised.
2. The Republic of Moldova shall apply the provisions of this Convention with no discrimination generally not only as to race, religion or country of origin as stipulated in Article 3 of the Convention.
3. For the purposes of this Convention by the notion "residence" shall be understood the permanent and lawful domicile.
4. According to paragraph 1 of Article 42 of the Convention, the Republic of Moldova reserves the right that the provisions of the Convention, according to which refugees shall be accorded treatment not less favourable than that accorded aliens generally, are not interpreted as an obligation to offer refugees a regime similar to that accorded to the citizens of the states with which the Republic of Moldova has signed regional customs, economic, political and social security treaties.
5. According to paragraph 1 of Article 42 of the Convention, the Republic of Moldova reserves the right to consider the provisions of Article 13 as recommendations and not as obligations.
6. According to paragraph 1 of Article 42 of the Convention, the Republic of Moldova reserves the right to consider the provisions of Article 17 (2) as recommendations and not as obligations.
7. According to paragraph 1 of Article 42 of the Convention, the Republic of Moldova interprets the provisions of Article 21 of the Convention as not obliged to accord housing to refugees.
8. The Government of the Republic of Moldova reserves the right to apply the provisions of Article 24 so that they do not infringe upon the constitutional and domestic legislation provisions regarding the right to labour and social protection.
9. According to paragraph 1 of Article 42 of the Convention, in implementing Article 26 of this Convention, the Republic of Moldova reserves the right to establish the place or places of residence for certain refugees or groups of refugees in the interest of the state and society.
10. The Republic of Moldova shall apply the regulations of Article 42 of the Convention as of the date of the entry into force of the Law on Refugee Status 

Art.2 - The Ministry of Foreign Affairs shall ensure the delivery of the accession documents to depositary.

Art.3 - According to the Article 35 of the Convention, the Government of the Republic of Moldova shall hold consultations with United Nations High Commissioner of Refugees (UNHCR) regarding the participation of the latter in the process of refugee status determination, identification of necessary means for the implementation of the provisions of this Convention, especially for the adoption of some financial programs of material assistance to refugees on the part of UNHCR: (temporary shelter, food, medical assistance, education, integration related costs and provision of other services) that would permit bearing the necessary expenses for the application of the Convention in good order.

Speaker of the Parliament
Eugenia Ostapciuc
Chisinau, 23 November 2001 No. 677-XV

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