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Recommendation 293 (1961) on the Right of Asylum

Recommendation 293 (1961) on the Right of Asylum

THE CONSULTATIVE ASSEMBLY OF THE COUNCIL OF EUROPE, ON 26 SEPTEMBER 1961

The Assembly,

Recalling its Recommendation 234 proposing the conclusion of a Second Protocol to the European Convention on Human Rights;

Considering the tradition which already obtains in member States of according asylum to political refugees and believing that it is now appropriate to give legal recognition to this practice more particularly as the enjoyment by political refugees of human rights and fundamental freedoms may depend on their being granted asylum;

Considering that it is desirable that member States should confer upon such persons a right to seek, receive and enjoy asylum to the extent compatible with safeguarding their own legitimate interest;

Having considered the Report of its Legal Committee (Doc. 1329),

Recommends to the Committee of Ministers:

Article 1

That it should instruct the Committee of Government Experts which has already been entrusted with the task of studying problems relating to the European Convention on Human Rights to include in the Second Protocol to the Convention an Article on the right of asylum based on the attached draft.

Article 2

That it should submit the draft Protocol prepared by the Committee of Experts to the Assembly for an opinion before signature by member Governments.