[Tanzania] Proposal of a Draft Resolution to the Global Assembly

[Lunakz]

Wizara ya Mambo ya Nje na Ushirikiano wa Afrika Mashariki
Ministry of Foreign Affairs and East African Cooperation​

---

To: Secretary-General of Legal Affairs, Global Assembly Dutchy

From: George Mwakyembe, Minister of Foreign Affairs and East African Cooperation

Subject: Submission of Draft Resolution regarding the Convention on the Status and Protection of Refugees

Dear Secretary-General,

On behalf of the Government of the United Republic of Tanzania, I am writing to you to submit for your consideration the enclosed Draft Resolution entitled Establishment of an International Convention on the Status and Protection of Refugees.

This resolution is submitted with the intention of initiating formal consideration by the Global Assembly for the adoption of a legally binding international instrument governing the rights and protection of refugees.

The proposed Convention is designed to address the urgent and growing challenges posed by global displacement, and aims to:

• Establish a clear legal definition of “refugee”, based on a well-founded fear of persecution on recognised grounds;
• Enshrine the right to seek and to enjoy asylum from persecution as a foundational human entitlement;
• Affirm the principles of non-discrimination, non-refoulement, and equality before the law;
• Provide a legal framework for the social, economic and civil rights of refugees in host states;
• Propose the creation of an international body under the Global Assembly to supervise implementation and assist Member States.

This Convention incorporates core humanitarian principles to ensure that refugees are treated with dignity, protected from abuse, and provided with a fair opportunity to rebuild their lives.

Tanzania submits this proposal not only as a host nation to displaced persons in its own region, but as a committed member of the international community seeking to enshrine the principles of humanity, solidarity, and justice into international law.

We respectfully request that this be circulated to Member States for consideration, and initiate the necessary consultations toward the convening of the Global Assembly.

Please find the full text of the resolution and proposed Convention attached.

Yours Sincerely,

George Mwakyembe

Minister of Foreign Affairs and East African Cooperation
United Republic of Tanzania

This message and its contents is has been encrypted and marked as 'classified'​

---

---

Establishment of an International Convention on the Status and Protection of Refugees​

The Global Assembly,

Recognising the displacement of millions of persons worldwide due to armed conflict, persecution, and other grave human suffering,

Concerned that no binding international legal framework currently guarantees the rights or protection of persons compelled to flee their countries,

Affirming the fundamental dignity and equal worth of every human being, and the right of all persons to live free from persecution, arbitrary detention, or inhuman treatment,

Emphasising the right of individuals to seek and enjoy asylum in other countries from persecution,

Mindful of the particular responsibilities borne by states that border conflict-affected regions and host large refugee populations,

Determined to establish a global legal framework that reflects humanitarian principles, international solidarity, and the rule of law,


Preamble
The Contracting States,

• Considering that the Charter of the Global Assembly affirms faith in the dignity and worth of the human person,
• Recognising the necessity of providing protection to those compelled to flee persecution,
• Acknowledging the principle that all persons have the right to seek and enjoy asylum in other countries,
• Determined to ensure that refugees enjoy fundamental civil, political, social and economic rights without discrimination,

Have agreed as follows:


Chapter I – General Provisions

Article 1 – Definition of a Refugee
A refugee is any person who:

Owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is:

a) outside the country of their nationality and is unable or, owing to such fear, is unwilling to avail themselves of the protection of that country; or​

b) who, not having a nationality and being outside the country of their former habitual residence, is unable or, owing to such fear, is unwilling to return to it.​

This Convention shall not apply to persons who:

• Have committed crimes against peace, war crimes, or crimes against humanity;
• Have committed serious non-political crimes outside the country of refuge;
• Have been guilty of acts contrary to the purposes and principles of the Global Assembly.
• Have voluntarily returned to their country of nationality or the country of their former habitual residence.

Article 2 – Right to Seek and Enjoy Asylum
All persons shall have the right to seek and to enjoy asylum from persecution in other countries.
States shall not impose penalties on refugees on account of their illegal entry or presence, provided they present themselves without delay and show good cause.

Article 3 – Non-Discrimination
The provisions of this Convention shall be applied to refugees without discrimination as to race, religion, gender, sexuality, nationality, or country of origin.


Chapter II – Rights and Legal Status

Article 4 – Right to Life and Security
No refugee shall be subjected to arbitrary arrest, detention, or punishment. Refugees shall enjoy the right to life and security of person in accordance with international humanitarian norms.

Article 5 – Freedom from Torture or Inhuman Treatment
No refugee shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.

Article 6 – Equality Before the Law
Refugees shall be recognised as persons before the law and shall enjoy equal protection under the law in all host states.


Chapter III – Civil, Social and Economic Rights

Article 7 – Wage-earning Employment
States shall accord refugees lawfully staying in their territory the most favourable treatment possible for access to wage-earning or self-employment.

Article 8 – Housing
Refugees shall receive treatment as favourable as possible with regard to housing.

Article 9 – Public Education
Refugees shall be accorded the same treatment as nationals with respect to elementary education and reasonable access to higher education.


Chapter IV – Administrative and Territorial Protection

Article 10 – Freedom of Movement
Refugees lawfully within the territory shall enjoy freedom of movement and the right to choose their place of residence.

Article 11 – Travel Documents
Refugees shall be issued travel documents to enable lawful international movement unless compelling national security concerns prevent it.

Article 12 – Prohibition of Refoulement
No refugee shall be expelled or returned (“refouled”) to the frontiers of a territory where their life or freedom would be threatened on account of their race, religion, nationality, membership of a particular social group or political opinion.

Article 13 – Naturalisation and Long-term Integration
States shall facilitate the naturalisation and long-term integration of refugees, including through residence rights and access to citizenship where appropriate.


Chapter V – Implementation and Supervision

Article 14 – Supervision of Implementation
A body shall be established under the Global Assembly system to supervise the application of this Convention and support States in meeting their obligations, including coordination of international assistance and durable solutions.