Office of the UN High Commissioner for Refugees, G.A. res. 50/152, U.N. Doc. A/RES/50/152 (1995)


 
      The General Assembly,
 
      Having considered the report of the United Nations High Commissioner for
Refugees on the activities of her Office and the report of the Executive
Committee of the Programme of the High Commissioner on the work of its forty-
sixth session,
 
      Recalling its resolution 49/169 of 23 December 1994,
 
      Reaffirming the importance of the 1951 Convention and the 1967 Protocol
relating to the Status of Refugees as the cornerstone of the international
system for the protection of refugees, and noting with satisfaction that one
hundred and thirty States are now parties to one or both instruments,
 
      Reaffirming also the purely humanitarian and non-political character of
the activities of the Office of the High Commissioner, as well as the crucial
importance of the High Commissioner's functions of providing international
protection to refugees and seeking solutions to refugee problems,
 
      Commending the High Commissioner and her staff for the competent,
courageous and dedicated manner in which they discharge their
responsibilities, paying tribute to those staff members who have endangered or
lost their lives in the course of their duties, and emphasizing the urgent
need for effective measures to ensure the security of staff engaged in
humanitarian operations,
 
      Distressed at the continued suffering of refugees, for whom a solution
has yet to be found, and noting with deep concern that refugee protection
continues to be jeopardized in many situations as a result of denial of
admission, unlawful expulsion, refoulement, unjustified detention, other
threats to their physical security, dignity and well-being and failure to
respect and ensure their fundamental freedoms and human rights,
 
      Welcoming the continuing strong commitment of States to providing
protection and assistance to refugees and the valuable support extended by
Governments to the High Commissioner in carrying out her humanitarian tasks,
and commending those States, particularly the least developed and those
hosting millions of refugees over long periods of time, which, despite severe
economic, development and environmental challenges of their own, continue to
admit large numbers of refugees into their territories,
 
      Recognizing that, in certain regions, misuse by individuals of asylum
procedures jeopardizes the institution of asylum and adversely affects the
prompt and effective protection of refugees,
 
      Concerned that statelessness, including the inability to establish one's
nationality, may result in displacement, and stressing, in this regard, that
the prevention and reduction of statelessness and the protection of stateless
persons are important also in the prevention of potential refugee situations,
 
      1.    Strongly reaffirms the fundamental importance and the purely
humanitarian and non-political character of the function of the Office of the
United Nations High Commissioner for Refugees of providing international
protection to refugees and seeking solutions to refugee problems, and the need
for States to cooperate fully with the Office in order to facilitate the
effective exercise of that function;
 
      2.    Calls upon all States which have not yet done so to accede to and
implement fully the 1951 Convention and the 1967 Protocol relating to the
Status of Refugees and relevant regional refugee instruments, as applicable,
for the protection of refugees;
 
      3.    Also calls upon all States to uphold asylum as an indispensable
instrument for the protection of refugees, to ensure respect for the
principles of refugee protection, including the fundamental principle of
non-refoulement, as well as the humane treatment of asylum-seekers and
refugees in accordance with internationally recognized human rights and
humanitarian norms;
 
      4.    Reaffirms that everyone, without distinction of any kind, is
entitled to the right to seek and enjoy in other countries asylum from
persecution;
 
      5.    Reiterates the importance of ensuring access, for all persons
seeking international protection, to fair and efficient procedures for the
determination of refugee status or, as appropriate, to other mechanisms to
ensure that persons in need of international protection are identified and
granted such protection, while not diminishing the protection afforded to
refugees under the terms of the 1951 Convention, the 1967 Protocol and
relevant regional instruments;
 
      6.    Reaffirms the continued importance of resettlement as an
instrument of protection;
 
      7.    Reiterates its support for the role of the Office of the High
Commissioner in exploring further measures to ensure international protection
to all who need it, consistent with fundamental protection principles
reflected in international instruments, and looks forward to the informal
consultations of the Office of the High Commissioner on the subject;
 
      8.    Calls for a more concerted response by the international community
to the needs of internally displaced persons and, in accordance with its
resolution 49/169, reaffirms its support for the High Commissioner's efforts,
on the basis of specific requests from the Secretary-General or the competent
principal organs of the United Nations and with the consent of the State
concerned, and taking into account the complementarities of the mandates and
expertise of other relevant organizations, to provide humanitarian assistance
and protection to such persons, emphasizing that activities on behalf of
internally displaced persons must not undermine the institution of asylum,
including the right to seek and enjoy in other countries asylum from
persecution;
 
      9.    Reiterates the relationship between safeguarding human rights and
preventing refugee situations, recognizes that the effective promotion and
protection of human rights and fundamental freedoms, including through
institutions that sustain the rule of law, justice and accountability, are
essential for States to address some of the causes of refugee movements and
for States to fulfil their humanitarian responsibilities in reintegrating
returning refugees and, in this connection, calls upon the Office of the
United Nations High Commissioner for Refugees, within its mandate and at the
request of the Government concerned, to strengthen its support of national
efforts at legal and judicial capacity-building, where necessary, in
cooperation with the United Nations High Commissioner for Human Rights;
 
      10.   Also reiterates that development and rehabilitation assistance is
essential in addressing some of the causes of refugee situations, as well as
in the context of the development of prevention strategies;
 
      11.   Condemns all forms of ethnic violence and intolerance, which are
among the major causes of forced displacements, as well as an impediment to
durable solutions to refugee problems, and appeals to States to combat
intolerance, racism and xenophobia and to foster empathy and understanding
through public statements, appropriate legislation and social policies,
especially with regard to the special situation of refugees and
asylum-seekers;
 
      12.   Welcomes the Platform for Action adopted at the Fourth World
Conference on Women, held at Beijing from 4 to 15 September 1995, particularly
the strong commitment made by States in the Platform to refugee women and
other displaced women in need of international protection, and calls upon the
United Nations High Commissioner for Refugees to support and promote efforts
by States towards the development and implementation of criteria and
guidelines on responses to persecution, including persecution through sexual
violence or other gender-related persecution, specifically aimed at women for
reasons enumerated in the 1951 Convention and 1967 Protocol, by sharing
information on States' initiatives to develop such criteria and guidelines and
by monitoring to ensure their fair and consistent application by the States
concerned;
 
      13.   Reiterates that, the grant of asylum or refuge being a peaceful
and humanitarian act, refugee camps and settlements must maintain their
exclusively civilian and humanitarian character and all parties are obliged to
abstain from any activity likely to undermine this, condemns all acts which
pose a threat to the personal security of refugees and asylum-seekers, and
also those that may endanger the safety and stability of States, calls upon
States of refuge to take all necessary measures to ensure that the civilian
and humanitarian character of refugee camps and settlements is maintained, and
further calls upon States of refuge to take effective measures to prevent the
infiltration of armed elements, to provide effective physical protection to
refugees and asylum-seekers and to afford the Office of the High Commissioner
and other appropriate humanitarian organizations prompt and unhindered access
to them; 
 
      14.   Encourages the High Commissioner to continue her activities on
behalf of stateless persons, as part of her statutory function of providing
international protection and of seeking preventive action, as well as her
responsibilities under General Assembly resolutions 3274 (XXIV) of 10 December
1974 and 31/36 of 30 November 1976;
 
      15.   Requests the Office of the High Commissioner, in view of the
limited number of States party to these instruments, actively to promote
accession to the 1954 Convention relating to the Status of Stateless Persons
and the 1961 Convention on the reduction of statelessness, as well as to
provide relevant technical and advisory services pertaining to the preparation
and implementation of nationality legislation to interested States;
 
      16.   Calls upon States to adopt nationality legislation with a view to
reducing statelessness, consistent with the fundamental principles of
international law, in particular by preventing arbitrary deprivation of
nationality and by eliminating provisions that permit the renunciation of a
nationality without the prior possession or acquisition of another
nationality, while at the same time recognizing the right of States to
establish laws governing the acquisition, renunciation or loss of nationality;
 
      17.   Reaffirms that voluntary repatriation, when it is feasible, is the
ideal solution to refugee problems, and calls upon countries of origin,
countries of asylum, the Office of the High Commissioner and the international
community as a whole to do everything possible to enable refugees to exercise
their right to return home in safety and dignity;
 
      18.   Reiterates the right of all persons to return to their country,
and emphasizes in this regard the prime responsibility of countries of origin
for establishing conditions that allow voluntary repatriation of refugees in
safety and with dignity and, in recognition of the obligation of all States to
accept the return of their nationals, calls upon all States to facilitate the
return of their nationals who are not recognized as refugees;
 
      19.   Calls upon all States to promote conditions conducive to the
return of refugees and to support their sustainable reintegration by providing
countries of origin with necessary rehabilitation and development assistance
in conjunction, as appropriate, with the Office of the High Commissioner and
relevant development agencies;
 
      20.   Recalls Economic and Social Council resolution 1995/56 of 29 July
1995 on the strengthening of the coordination of emergency humanitarian
assistance of the United Nations, and welcomes the decision of the Executive
Committee of the Programme of the United Nations High Commissioner for
Refugees to review, in the course of 1996, aspects of that resolution relevant
to the work of the Office of the High Commissioner;
 
      21.   Notes with appreciation the programme policies established by the
Executive Committee of the Programme of the High Commissioner, and underscores
the importance of their implementation by the Office of the High Commissioner,
implementing partners and other relevant organizations in order to ensure the
provision of effective protection and humanitarian assistance to refugees;
 
      22.   Reaffirms the importance of incorporating environmental
considerations into the programmes of the Office of the High Commissioner,
especially in the least developed and developing countries which have hosted
refugees over long periods of time, welcomes efforts by the Office of the High
Commissioner to make a more focused contribution to resolving refugee-related
environmental problems, and calls upon the High Commissioner to promote and
enhance coordination and collaboration with host Governments, donors, relevant
United Nations organizations, intergovernmental organizations,
non-governmental organizations and other actors concerned to address
refugee-related environmental problems in a more integrated and effective
manner;
 
      23.   Recognizes the importance of the introduction of Russian as an
official language of the Executive Committee of the Programme of the High
Commissioner in facilitating the work of the High Commissioner and the
implementation of the provisions of the 1951 Convention relating to the Status
of Refugees, notably in the countries of the Commonwealth of Independent
States;
 
      24.   Calls upon all Governments and other donors to demonstrate their
international solidarity and burden-sharing with countries of asylum through
efforts aimed at continuing to alleviate the burden borne by States which have
received large numbers of refugees, in particular those with limited
resources, and to contribute to the programmes of the Office of the High
Commissioner and, taking into account the effect on countries of asylum of the
increasing requirements of large refugee populations and the need to widen the
donor base and to achieve greater burden-sharing among donors, to assist the
High Commissioner in securing additional and timely income from traditional
governmental sources, other Governments and the private sector in order to
ensure that the needs of refugees, returnees and other displaced persons of
concern to the Office of the High Commissioner are met.
      

 

 



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