Global Compact for Refugees (UN Refugee Compact)
Adopted by the UN General Assembly on 17 December 2018 by 181 of the 193 member states
Like the UN migration pact, the agreement is not legally binding. The USA and Hungary voted against the agreement, while the Dominican Republic, Eritrea and Libya abstained.
German text of the pact on the UNHCR website – with comprehensive further information
Global Compact for Safe, Orderly and Regular Migration (UN Migration Pact)
Adopted on 19 December 2018 by the UN General Assembly with 152 votes in favour, 12 abstentions, 5 against (Israel, Poland, Czech Republic, Hungary, USA)
24 member states did not take part in the vote.
The migration pact was developed by the UN member states and 23 goals for safe, orderly and regular migration were set for the draft pact. The pact is not legally binding, but is described as politically binding.
German text of the migration pact on the UN website un.org
New York Declaration for Refugees and Migrants
Declaration adopted by 193 UN member states on 19 September 2016
The New York Declaration launched the process for the UN Global Compact on Migration – to be drawn up by the UN member states – and the UNHCR Global Compact for Refugees.
German text of the declaration on the UNHCR website – with comprehensive further information
Declaration on the human rights of persons who are not nationals of the country in which they live
Adopted on 13 December 1985 at the 40th session of the UN General Assembly (1985/40)
Link to the Convention on the UN website (AE/RES/40/144)
Convention relating to the Status of Stateless Persons
Adopted by resolution of the UN General Assembly, 28 September 1954, entered into force on 6 June 1960
Convention on the Reduction of Statelessness
Adopted by resolution of the UN General Assembly, 30 August 1961, entered into force on 13 December 1975
Text (in German) of the conventions on the website of the UN Refugee Agency
Geneva Refugee Convention (GRC) – Convention relating to the Status of Refugees
Adopted on 28 July 1951, entered into force in 1954
After the end of the Second World War, the GRC was initially primarily intended to protect the rights of European refugees. It was adopted at a special UN conference in Geneva. Germany was one of the first six signatory states. The Convention is the recognised basis for the work of UNHCR (the UN High Commissioner for Refugees) and is indispensable. It is described by UNHCR as the “ best basis for refugee protection “: “As long as people are persecuted,” says the UNHCR website, “the Geneva Convention cannot be dispensed with.” On 31 January 1967, the scope of the Refugee Convention was extended by a “Protocol Relating to the Status of Refugees”, which adapted its effectiveness temporally and geographically to the changing conditions of refugees worldwide.
Website on the Refugee Convention of the “Netzwerk Menschenrechte” with comprehensive information
Basic Law (GG) of the Federal Republic of Germany
Entered into force on 23 May 1949
Since German reunification in 1989, the constitution of the Federal Republic of Germany has been drawn up on the basis of negotiations and the draft of the Parliamentary Council.
Full text of the Basic Law on the website of the Federal Ministry of Justice and Consumer Protection
The fundamental rights (Articles 1-19)
Art. 16a
(1) Politically persecuted persons shall enjoy the right of asylum.
(2) Paragraph 1 may not be invoked by persons travelling from a Member State of the European Communities or from another third country in which the application of the Convention relating to the Status of Refugees and the Convention for the Protection of Human Rights and Fundamental Freedoms is ensured. The states outside the European Communities to which the requirements of the first sentence apply shall be determined by law subject to the approval of the Bundesrat. In the cases referred to in sentence 1, measures terminating residence may be enforced irrespective of any appeal lodged against them.
(3) States may be designated by law, subject to the approval of the Bundesrat, in which, on the basis of the legal situation, the application of the law and the general political circumstances, it appears to be guaranteed that neither political persecution nor inhuman or degrading punishment or treatment takes place there. It shall be presumed that a foreigner from such a state is not being persecuted as long as he does not present facts which justify the assumption that he is being politically persecuted contrary to this presumption.
(4) The execution of measures terminating residence shall be suspended by the court in the cases referred to in subsection (3) and in other cases which are manifestly unfounded or deemed to be manifestly unfounded only if there are serious doubts as to the legality of the measure; the scope of the examination may be restricted and belated submissions may be disregarded. The details are to be determined by law.
(5) Paragraphs 1 to 4 shall not preclude international treaties between Member States of the European Communities and with third countries which, in compliance with the obligations arising from the Convention relating to the Status of Refugees and the Convention for the Protection of Human Rights and Fundamental Freedoms, the application of which must be ensured in the Contracting States, lay down rules on responsibility for the examination of applications for asylum, including the mutual recognition of asylum decisions.
Asylum Act (AsylG) of the Federal Republic of Germany
§ 3 Recognition of refugee status
(1) A foreigner is a refugee within the meaning of the Convention of 28 July 1951 relating to the Status of Refugees (BGBl. 1953 II p. 559 , 560) if he or she
- for well-founded fear of persecution on grounds of race, religion, nationality, political opinion or membership of a particular social group
- outside the country (country of origin)
- a) whose nationality he possesses and whose protection he cannot claim or does not wish to claim because of this fear, or
- b) in which he had his previous habitual residence as a stateless person and to which he cannot return or does not wish to return because of this fear.
(2) A foreigner is not a refugee pursuant to paragraph 1 if there are serious grounds for assuming that he or she
1. has committed a crime against peace, a war crime or a crime against humanity within the meaning of the international treaties that have been drawn up to make provision for these crimes,
- has committed a serious non-political offence outside the territory of the Federal Republic of Germany before being accepted as a refugee, in particular a cruel act, even if it was ostensibly for political purposes, or
3 .has acted contrary to the purposes and principles of the United Nations.
Sentence 1 also applies to foreigners who have incited others to commit the offences or acts mentioned therein or have participated in them in any other way.
(3) A foreigner shall also not be a refugee pursuant to paragraph 1 if he or she enjoys the protection or assistance of a United Nations organisation or agency with the exception of the United Nations High Commissioner for Refugees pursuant to Article 1 Section D of the Convention relating to the Status of Refugees. If such protection or assistance is no longer afforded without a final determination of the situation of the person concerned in accordance with the relevant resolutions of the United Nations General Assembly, paragraphs 1 and 2 shall apply.
(4) A foreigner who is a refugee pursuant to subsection (1) shall be recognised as a refugee unless he or she fulfils the requirements of Section 60 (8) sentence 1 of the Residence Act or the Federal Office has waived the application of Section 60 (1) of the Residence Act pursuant to Section 60 (8) sentence 3 of the Residence Act.
Version based on the Act on the Facilitated Expulsion of Foreigners with Criminal Offences and on the Extended Exclusion of Refugee Recognition for Asylum Seekers with Criminal Offences of 11.03.2016 ( Federal Law Gazette I p. 394 ), entered into force on 17.03.2016
§ Section 3a Acts of persecution
(1) Persecution within the meaning of Section 3 (1) shall be deemed to be acts which
- are so serious by their nature or repetition that they constitute a serious violation of fundamental human rights, in particular the rights from which no derogation is permitted under Article 15 (2) of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (Federal Law Gazette 1952 II p. 685 , 953), or
- consist of an accumulation of different measures, including a violation of human rights, which is so serious that a person is affected in a similar way to that described in number 1.
(2. Persecution within the meaning of paragraph 1 may include, inter alia, the following acts:
- the use of physical or psychological violence, including sexual violence,
- legal, administrative, police or judicial measures which are in themselves discriminatory or are applied in a discriminatory manner,
- disproportionate or discriminatory prosecution or punishment,
- denial of judicial protection resulting in disproportionate or discriminatory punishment,
- prosecution or punishment for refusal to perform military service in a conflict where military service would involve offences or acts falling within the exclusion clauses of section 3 (2),
- acts based on gender or directed against children.
(3) There must be a link between the grounds for persecution referred to in Section 3 (1)(1) in conjunction with the grounds for persecution referred to in Section 3b and the acts categorised as persecution in paragraphs 1 and 2 or the lack of protection from such acts.
Provision inserted by the Act on the Implementation of Directive 2011/95/EU of 28 August 2013 ( Federal Law Gazette I p. 3474 ), entered into force on 1 December 2013; subsequent paragraphs ibid.
§ Section 3b Grounds for persecution
(1) The following shall be taken into account when examining the grounds for persecution under Section 3 (1)(1):
- the concept of race includes in particular the aspects of skin colour, origin and membership of a particular ethnic group;
- the concept of religion includes in particular theistic, non-theistic and atheistic beliefs, participation or non-participation in religious rites in the private or public sphere, alone or in community with others, other religious activities or expressions of opinion and behaviour of individuals or a community which are based on or prescribed by a religious belief;
- the concept of nationality is not limited to nationality or lack thereof, but also refers in particular to membership of a group defined by its cultural, ethnic or linguistic identity, common geographical or political origin or its relationship with the population of another State;
- In particular, a group is considered to be a particular social group if
- (a) the members of that group have in common innate characteristics or a common background which cannot be changed, or share characteristics or beliefs which are so significant to identity or conscience that the person concerned should not be compelled to renounce them; and
- b) the group has a clearly defined identity in the country concerned, as it is regarded as different by the surrounding society;
a particular social group may also be considered to be a group based on the common characteristic of sexual orientation; acts that are considered punishable under German law are not included; persecution on the grounds of membership of a particular social group may also exist if it is linked solely to gender or gender identity;
- the term “political opinion” means in particular that the foreigner holds an opinion, attitude or conviction in a matter concerning the potential persecutors referred to in Section 3c and their policies or procedures, whereby it is irrelevant whether he has acted on the basis of this opinion, attitude or conviction.
(2) In assessing whether an alien’s fear of persecution is well-founded, it shall be irrelevant whether he actually has the racial, religious, national, social or political characteristics that give rise to persecution, provided that these characteristics are attributed to him by his persecutor.
§ Section 3c Actors from whom persecution may emanate
Persecution may emanate from
- the state,
- parties or organisations controlling the State or a substantial part of the territory of the State, or
- non-state actors, insofar as the actors mentioned in numbers 1 and 2, including international organisations, are demonstrably unable or unwilling to offer protection from persecution within the meaning of Section 3d , regardless of whether or not there is state authority in the country.
§ 3d Actors who can offer protection
(1) Protection from persecution can only be offered to
- by the state or
- by parties or organisations, including international organisations, which control the State or a substantial part of the territory of the State,
provided that they are willing and able to offer protection in accordance with paragraph 2.
(2) Protection from persecution must be effective and not merely temporary. In general, such protection shall be ensured if the actors referred to in paragraph 1 take appropriate steps to prevent persecution, for example through effective legislation to investigate, prosecute and penalise acts constituting persecution, and if the alien has access to such protection.
(3. In assessing whether an international organisation controls a State or a substantial part of its territory and provides the protection referred to in paragraph 2, any guidelines laid down in relevant legal acts of the European Union shall be taken into account.
§ 3e Internal protection
(1) The foreigner shall not be recognised as a refugee if he/she
- does not have a well-founded fear of persecution or access to protection from persecution pursuant to Section 3d in a part of his or her country of origin and
- can travel safely and legally to this part of the country, is accepted there and can reasonably be expected to settle there.
(2) When examining whether a part of the country of origin fulfils the conditions set out in paragraph 1, the general circumstances there and the personal circumstances of the foreigner in accordance with Article 4 of Directive 2011/95/EU at the time of the decision on the application shall be taken into account. For this purpose, accurate and up-to-date information shall be obtained from relevant sources, such as information from the United Nations High Commissioner for Refugees or the European Asylum Support Office.
§ 4 Subsidiary protection
(1) A foreigner is a beneficiary of subsidiary protection if he or she has provided valid reasons for believing that he or she is at risk of serious harm in his or her country of origin. Serious harm is deemed to be
- the imposition or execution of the death penalty,
- torture or inhuman or degrading treatment or punishment or
- a serious individual threat to the life or integrity of a civilian as a result of indiscriminate violence in the context of an international or internal armed conflict.
(2) A foreigner shall not be granted subsidiary protection in accordance with paragraph 1 if there are serious grounds for believing that he or she
- has committed a crime against peace, a war crime or a crime against humanity within the meaning of international treaties that have been drawn up to establish provisions relating to these crimes,
- has committed a serious criminal offence,
- has been guilty of acts contrary to the purposes and principles of the United Nations as set forth in the Preamble and Articles 1 and 2 of the Charter of the United Nations (Federal Law Gazette 1973 II p. 430 , 431), or
- represents a danger to the general public or to the security of the Federal Republic of Germany.
These grounds for exclusion also apply to foreign nationals who incite others to commit the offences or acts mentioned or participate in them in any other way.
(3) Sections 3c to 3e shall apply accordingly. Persecution, protection from persecution or a well-founded fear of persecution shall be replaced by the risk of serious harm, protection from serious harm or the actual risk of serious harm; refugee status shall be replaced by subsidiary protection.
Version based on the law implementing Directive 2011/95/EU of 28/08/2013 (Federal Law Gazette I p. 3474 ), entered into force on 01/12/2013
“Residence Act in the version published on 25 February 2008 (Federal Law Gazette I, p. 162), as amended by Article 4 of the Act of 22 December 2016 (Federal Law Gazette I , p. 3155)”
Status: Revised by promulgation of 25 February 2008 I 162; last amended by Art. 2 para. 3 G of 4 November 2016 I 2460
Note: Amendment by Art. 4 G of 22 December 2016 I 3155 (No. 65) textually verified, documentary not yet finalised
§ Section 60 Prohibition of deportation
(1) In application of the Convention of 28 July 1951 relating to the Status of Refugees (Federal Law Gazette 1953 II p. 559), a foreigner may not be deported to a state in which his life or freedom is threatened because of his race, religion, nationality, membership of a particular social group or because of his political convictions. This also applies to persons entitled to asylum and foreigners who have been granted refugee status without appeal or who enjoy the legal status of foreign refugees in the federal territory for another reason or who are recognised as foreign refugees outside the federal territory in accordance with the Convention relating to the Status of Refugees. If the foreigner invokes the prohibition of deportation under this paragraph, the Federal Office for Migration and Refugees shall, except in the cases of sentence 2, determine in an asylum procedure whether the requirements of sentence 1 are met and whether the foreigner is to be recognised as a refugee. The decision of the Federal Office can only be contested in accordance with the provisions of the Asylum Act.
(2) A foreigner may not be deported to a state in which he or she is threatened with serious harm as defined in Section 4 (1) of the Asylum Act. Paragraph 1 sentences 3 and 4 shall apply accordingly.
(3) If a foreigner may not be deported to a state because that state is seeking the foreigner for a criminal offence and there is a risk of the imposition or execution of the death penalty, the provisions on extradition shall apply mutatis mutandis.
(4) If there is a formal request for extradition or a request for arrest combined with the announcement of a request for extradition from another state, the foreigner may only be deported to that state pending a decision on extradition with the consent of the authority responsible for authorising extradition in accordance with section 74 of the Act on International Mutual Assistance in Criminal Matters.
(5) A foreigner may not be deported if the application of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (Federal Law Gazette 1952 II p. 685) indicates that deportation is inadmissible.
(6) The general danger that a foreigner may be threatened with prosecution and punishment in another state and, unless otherwise stated in paragraphs 2 to 5, the specific danger of punishment in accordance with the legal system of another state shall not prevent deportation.
(7) The deportation of a foreigner to another state shall be refrained from if there is a considerable concrete danger to life, limb or freedom for this foreigner there. A considerable concrete danger for health reasons only exists in the case of life-threatening or serious illnesses that would be significantly worsened by the deportation. It is not necessary that the medical care in the destination country is equivalent to the care in the Federal Republic of Germany. As a rule, sufficient medical care is also provided if this is only guaranteed in one part of the country of destination. Dangers pursuant to sentence 1 to which the population or the population group to which the foreigner belongs is generally exposed shall be taken into account when issuing orders pursuant to Section 60a (1) sentence 1.
(8) Paragraph 1 shall not apply if the foreigner is to be regarded as a danger to the security of the Federal Republic of Germany for serious reasons or represents a danger to the general public because he or she has been sentenced to a prison term of at least three years for a crime or particularly serious offence. The same applies if the foreigner fulfils the requirements of Section 3 (2) of the Asylum Act. Paragraph 1 may be waived if the foreigner represents a danger to the general public because he or she has been sentenced to at least one year’s imprisonment or a juvenile sentence for one or more intentional offences against life, physical integrity, sexual self-determination or property or for resisting law enforcement officers, provided that the offence was committed with violence, with the use of threats of danger to life or limb or with cunning or is an offence under Section 177 of the Criminal Code.
(9) In the cases referred to in paragraph 8, a foreigner who has applied for asylum may be threatened with deportation, notwithstanding the provisions of the Asylum Act, and this deportation may be carried out. Paragraphs 2 to 7 shall remain unaffected.
(10) If a foreigner who fulfils the requirements of subsection 1 is to be deported, the threat of deportation and the setting of a reasonable deadline for departure may not be waived. The threat shall specify the countries to which the foreigner may not be deported.