Recommendation 773 (1976): Treatment Of De Facto Refugees In Council Of Europe Member States.pdf

The Parliamentary Assembly of the Council of Europe recognizes a significant number of individuals in its member states who, despite not being officially recognized as refugees under the 1951 Convention relating to the Status of Refugees, face political, racial, religious, or other valid reasons preventing their return to their home countries. These "de facto refugees" encounter challenges related to residence permits, employment, and other rights.

The Assembly recommends that:

1. The Committee of Ministers instructs a committee of government experts to draft an agreement on de facto refugees, addressing:
- Residence and work permits.
- Extending provisions from the 1951 Refugee Convention, including articles on wage-earning employment, public relief, labor legislation, social security, and protection against expulsion.
- Ensuring access to adequate housing.
- Recognizing professional qualifications, especially in liberal professions.
- Providing language and vocational training, as well as financial aid for students.
- Issuing travel documents to de facto refugees without valid papers, exempting them from visa charges.

2. Member governments are invited to:
- Liberally apply the definition of "refugee" as per the 1951 Convention and its 1967 Protocol.
- Avoid expelling de facto refugees unless they can be admitted by another country.
- Grant residence to those who have found protection elsewhere, unless they will be admitted by another nation.
- Respect de facto refugees' political activities, except for strict national political rights dependent on citizenship.