Resource information
(4th edition).....
"This compilation consists of selected paragraphs of the Conclusions of UNHCR’s
Executive Committee grouped by subject. It seeks to show the progressive development of
Executive Committee deliberations on a given topic over time, and to add a reference tool
to the chronological arrangement of Executive Committee Conclusions already published
by UNHCR.
The first edition of this compilation was published in 2001 to mark the 50th anniversary of
the 1951 Convention relating to the Status of Refugees. This 2nd edition includes Executive
Committee conclusions from 1975, when they were first adopted, to 2004.
The compilation is separated into 66 major chapters, arranged alphabetically. Many of the
chapters are then divided into several subchapters, which are also arranged alphabetically.
The conclusions are in chronological order within each subchapter, or within the chapter if
there are no subchapters...TABLE OF CONTENTS:
KEY TO USING THE COMPILATION. 2
TABLE OF CONTENTS 3
ACCESS 9
Access by UNHCR and Others 9
Access to Asylum Procedures 10
Denial of Access 11
Rejection at Frontiers 12
Safe Country of Origin 13
Safe Third Country 13
States’ Readiness to Admit / Receive 14
ACCESSION – SEE CONVENTION OF 1951 AND 1967 PROTOCOL
AGE, GENDER AND DIVERSITY MAINSTREAMING 15
AGENDA FOR PROTECTION – SEE GLOBAL CONSULTATIONS /
AGENDA FOR PROTECTION
ASYLUM 17
Conclusions Specific to Asylum 17
Declaration on Territorial Asylum 21
Draft Convention on Territorial Asylum 21
First Country of Asylum 21
Institution / Character of Asylum 22
Liberal Asylum Practices 26
Restrictive Asylum Practices 27
Right to Seek Asylum 28
ASYLUM SEEKERS AT SEA – RESCUE AT SEA 30
BURDEN AND RESPONSIBILITY SHARING / INTERNATIONAL
COOPERATION OF STATES 37
Access / Asylum 37
Burden of (First) Countries of Asylum / Mass Influx 38
International Initiatives and Cooperation 47
Irregular Movement of Refugees and Asylum Seekers From a Country in
Which They Had Already Found Protection 53
Prevention / Causes / Solutions 53
Resettlement Opportunities 56
CAPACITY BUILDING 59
CAUSES OF POPULATION DISPLACEMENTS 61
Actual Causes 61
Comprehensive Approach 63
Irregular Movement of Refugees and Asylum Seekers from a Country in
Which They Had Already Found Protection 66
Mass Influx 67
Prevention / Causes / Solutions 68
CESSATION OF REFUGEE STATUS 70
CHILDREN 72
Conclusions Specific to Children 72
Special Protection Needs 78
Unaccompanied Minors / Separated Children 82
UNHCR Policy and Guidelines 83
Violations of Rights (Forced Recruitment, Sexual Abuse, etc) 84
COMPLEMENTARY FORMS OF PROTECTION 87
COMPREHENSIVE APPROACH 88
Conclusion Specific to Comprehensive Approach 88
Nature of Comprehensive Approach 90
Need for Comprehensive Approach 94
CONVENTION OF 1951 AND 1967 PROTOCOL 96
Accession 96
Conclusions Specific to the Convention and Protocol 100
Implementation 102
Significance of Convention and Protocol 107
State Reporting 110
UNHCR’s Supervisory Role 111
CONVENTION PLUS 112
DETENTION 114
DISABLED REFUGEES 118
DISCRIMINATION 119
DOCUMENTATION 121
Conclusions Specific to Documentation 121
Confidentiality 123
Destruction of Documents / Fraudulent Documents 124
Identity Documents / Certificates of Refugee Status / Personal
Documentation 125
Registration 129
Travel Documents 133
DURABLE SOLUTIONS 135
DUTIES OF REFUGEES AND ASYLUM SEEKERS 148
EDUCATION 150
EMPLOYMENT / SELF-SUFFICENCY / SELF-RELIANCE 154
ENVIRONMENT 156
EXCLUSION 157
EXECUTIVE COMMITTEE CONCLUSIONS 159
Conclusions 159
Sub-Committee of the Whole on International Protection 159
EXPULSION 162
EXTRADITION 165
FAMILY UNITY AND REUNIFICATION 166
FORCED RECRUITMENT 171GLOBAL CONSULTATIONS / AGENDA FOR PROTECTION 174
HUMANITARIAN LAW 179
HUMAN RIGHTS 183
Basic Standards of Treatment 183
Child Rights / Convention on the Rights of the Child 187
Comprehensive Approach 190
Convention Against Torture 191
International Covenant on Civil and Political Rights 192
Link Between Human Rights and Refugee Issues 192
Responsibilities of States 196
Role of the High Commissioner for Refugees 199
Sexual Violence 200
Universal Declaration of Human Rights 203
Violations of Human Rights 204
Women’s Rights 206
ILLEGAL ENTRY 208
IMPLEMENTATION – SEE CONVENTION OF 1951 AND 1967
PROTOCOL
INTERCEPTION 209
INTERNALLY DISPLACED PERSONS 212
Causes of Displacement 212
Conclusion Specific to Internally Displaced Persons 212
High Commissioner’s Role and Mandate 214
New Approaches 216
INTERNATIONAL PROTECTION 218
IRREGULAR MOVEMENT OF REFUGEES AND ASYLUM SEEKERS
FROM A COUNTRY IN WHICH THEY HAD ALREADY FOUND
PROTECTION 223
LOCAL INTEGRATION 226
MASS MOVEMENTS 230
Asylum / Non-Refoulement 230
Conclusions Specific to Mass Influx 231
Durable Solutions 235
General 236
Protracted Refugee Situations 237
Responses to Mass-Influx / Temporary Protection / Responsibility and
Burden-Sharing 240
MIGRATION 247
MILITARY OR ARMED ATTACKS ON REFUGEE CAMPS AND
SETTLEMENTS / CIVILIAN AND HUMANITARIAN
CHARACTER OF ASYLUM 249
Character and Location of Camps 249
Children and Adolescents 251
Conclusions Specific to Military or Armed Attacks on Refugee Camps and
Settlements 252
Duties of Refugees 256
Maintaining the Civilian and Humanitarian Character of Asylum 256
Protection and Assistance 260Responsibilities of States 262
Violations of Refugee and Asylum Seeker’s Rights / Personal Security 263
NON-GOVERNMENTAL ORGANIZATIONS 268
Family Reunification 268
Internally Displaced Persons 268
Personal Security of Refugees and Asylum Seekers 268
Prevention 269
Promotion of Refugee Law / Public Awareness 269
Reception 271
Resettlement 271
Role in International Protection 272
Women / Children 272
NON-REFOULEMENT 275
Appeal to States 275
Comprehensive Approach 278
Definition / Character of Principle 279
Disregard of Principle / Violations of Rights / Personal Security 282
OLDER REFUGEES 285
PALESTINIANS 287
PARTICIPATION / COMMUNITY DEVELOPMENT APPROACH /
EMPOWERMENT 289
PERSECUTION 291
Asylum / Non-Refoulement 291
Cessation of Refugee Status 292
Extradition 293
Fear of Persecution in Country of Asylum 293
Gender-Related Persecution / Sexual Violence 294
Reasons for Persecution 295
War / Armed Conflict 296
PERSONAL SECURITY / PHYSICAL VIOLENCE 298
Appeals to States, UNHCR and Others 298
Conclusions Specific to Personal Security / Physical Violence 302
Violations of Basic Rights and Personal / Physical Security 303
PREVENTION 308
Development / Rehabilitation Assistance 308
Exploration of New Options / Strategies 308
Inter-Relationship Between Protection and Solutions 310
Stateless Persons / Internally Displaced Persons 311
Women 312
PROMOTION OF REFUGEE LAW 313
Conclusions Specific to the Promotion of Refugee Law 313
Importance of Promotion / Methods of Promotion of Refugee Law 314
Statelessness 318
Women / Children 319
PUBLIC OPINION / PUBLIC AWARENESS 321
RECEPTION OF ASYLUM-SEEKERS 324
REFUGEE STATUS DETERMINATION 326
Conclusions Specific to Refugee Status Determination 326
Detention 330
Family Members / Women / Children 330
Identifying Country Responsible for Examining an Asylum Request 331
Manifestly Unfounded or Abusive Claims 333
Others in Need of International Protection 334
Procedures 336
Refugee Definition 343
REFUGEES WITHOUT AN ASYLUM COUNTRY 344
Conclusions Specific to Refugees Without an Asylum Country 344
General 346
Stowaways 346
REGIONAL APPROACHES 348
Conclusions Specific to Regional Approaches 348
Regional Initiatives 351
Regional Instruments 353
RESETTLEMENT 356
RETURN OF PERSONS FOUND NOT TO BE IN NEED OF
INTERNATIONAL PROTECTION 362
RIGHT TO RETURN 367
SEXUAL VIOLENCE 370
SMUGGLING AND TRAFFICKING 381
STATELESSNESS 383
STATUTE OF THE OFFICE OF UNHCR / MANDATE 389
STOWAWAY ASYLUM SEEKERS – SEE REFUGEES WITHOUT AN
ASYLUM COUNTRY
TEMPORARY PROTECTION 391
TORTURE 395
TRAVEL DOCUMENTS – SEE DOCUMENTATION
UNHCR STAFF 398
Code of Conduct 398
Needs of Refugee Women and Children / Need for Female Staff 398
Provision of Necessary Staff / Competence of Staff 400
Safety of Staff 402
Training 403
VOLUNTARY REPATRIATION 406
Conclusions Specific to Voluntary Repatriation / General 406
Obstacles to Voluntary Repatriation / Land Mines 415
Promotion of Voluntary Repatriation / Creation of Conditions Favourable
to Repatriation 416
Voluntary Character of Repatriation in, and to Conditions of Safety and
Dignity 421WOMEN 426
Conclusions Specific to Women 426
Gender-Related Persecution / Sexual Violence 430
Obstacles to the Protection of Refugee Women 435
Promotion of Rights of Refugee Women / International Agenda 435
Special Protection Needs 436
UNHCR Guidelines on Refugee Women / Policy on Refugee Women 439
CHRONOLOGICAL LIST OF CONCLUSIONS 442
