Page:United States Statutes at Large Volume 62 Part 3.djvu/440

 62 STAT.] MULTILATERAI-INT. REFUGEE ORGANIZATION-DEC. 16, 1946 3049 refugee or displaced person i: deprived of such assistance ai it may be in a position to offer (g) The Organization shoulc endeavour to carry out iti functions in such a way as t( avoid disturbing friendly rela tions between nations. In th( pursuit of this objective, the Organization should exercise special care in cases in whict the re-establishment or re-settle- ment of refugees or displaced persons might be contemplated, either in countries contiguous to their respective countries ol origin or in non-self-governing countries. The Organization should give due weight, among other factors, to any evidence of genuine apprehension and concern felt in regard to such plans, in the former case, by the country of origin of the persons involved, or, in the latter case, by the indigenous population of the non-self-gov- erning country in question. 2. To ensure the impartial and equitable application of the above principles and of the terms of the definition which follows, some special system of semi-judicial machinery should be created, with appropriate constitution, proce- dure and terms of reference. PART I Refugees and displaced per- sons within the meaning of the resolution adopted by the Eco- nomic and Social Council of the United Nationson 16 February 1946. SECTION A-DEFINITION OF REFUGEES 1. Subject to the provisions of sections C and D and of Part II s of this Annex, the term "refugee" s applies to a person who has left, . or who is outside of, his country I of nationality or of former ha- s bitual residence, and who, whether or not he had retained his nation- - ality, belongs to one of the follow- e ing categories: (a) victims of the nazi or fascist regimes or of regimes which took part on their side in the second world war, or of the quisling or similar regimes which assisted them against the United Nations, whether enjoy- ing international status as refu- gees or not; (b) Spanish Republicans and other victims of the Falangist regime in Spain, whether enjoy- ing international status as refu- gees or not; (c) persons who were con- sidered refugees before the out- break of the second world war, for reasons of race, religion, nationality or political opinion. 2. Subject to the provisions of sections C and D and of Part II of this Annex regarding the exclu- sion of certain categories of per- sons, including war criminals, quis- lings and traitors, from the benefits of the Organization, the term "refugee" also applies to a person, other than a displaced person as defined in section B of this Annex, who is outside of his country of nationality or former habitual residence, and who, as a result of events subsequent to the outbreak of the second world war, is unable or unwilling to avail himself of the protection of the Government of his country of nationality or former nationality. 3. Subject to the provisions of section D and of Part II of this Annex, the term "refugee" also Post, pp. 3050, 3051. Post, pp. 3050, 3051.

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