Latest news feedAddendum to the Report of the United Nations High Commissioner for Refugees
United Nations
Addendum to the Report of the United Nations High
Commissioner for Refugees
General Assembly
Official Records: Fortieth Session
Supplement No.12A (A/40/12/Add.1)
United Nations, New York, 1986
REPORT OF THE EXECUTIVE COMMITTEE OF THE PROGRAMME OF THE
UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES ON THE WORK OF ITS
THIRTY-SIXTH SESSION[1]*
(Geneva, 7-18 October 1985)
I. INTRODUCTION
1. The Executive Committee of the programme of the United Nations High Commissioner for Refugees held its thirty-sixth session at the Palais des Nations at Geneva from 7 to 18 October 1985. The session was opened by the outgoing Chairman, Mr. F. Mebazaa of Tunisia, who reviewed in an introductory statement some of the major concerns of his tenure. He referred, in particular, to the recent emergency in Africa and endorsed the appeal of the High Commissioner for funds to meet urgent needs in that continent. He also referred to seminars, round tables and meetings of working groups in which the work of the Office of the United Nations High Commissioner for Refugees (UNHCR) had been discussed in depth.
2. The outgoing Chairman underlined the increasingly close links between UNHCR and the Executive Committee, with regular informal sessions, periodic letters from UNHCR Directors, and the inclusion of a report by the High Commissioner on action taken on the decisions of the Executive Committee, all of which had permitted greater rationalization of the activities of UNHCR. In his view, this co-operation offered the best prospect for ensuring continued improvements in the work of UNHCR. Mr. Mebazaa concluded by expressing his thanks to all those who had supported and facilitated his work as Chairman.
A. Election of officers
3. Under rule 10 of the rules of procedure, the Committee elected the following officers by acclamation;
B. Representation on the Committee
4. The following members of the Committee were represented at the Click here for table
5. The Governments of the following States were represented by observers:
The Sovereign Order of Malta was also represented by an observer.
6. The United Nations system was represented as follows: The United Nations Secretariat, Office of the United Nations Commissioner for Namibia, United Nations Office for Emergency operations in Africa, Office of the United Nations Disaster Relief Co-ordinator (UNDRO), United Nations Industrial Development Organization (UNIDO), United Nations Centre for Human Settlements (Habitat), United Nations Development Programme (UNDP), United Nations Volunteers (UNV), World Food Programme (WFP), International Labour Organisation (ILO), Food and Agricultural Organization of the United Nations (FAO), United Nations Educational, Scientific and Cultural Organization (UNESCO), World Health Organization (WHO) and the World Bank.
7. The following intergovernmental organizations were represented by observers: Commission of the European Communities, Council of Europe, Intergovernmental Committee for Migration, League of Arab States and Organization of African Unity.
8. A total of 88 non-governmental organizations were represented by observers including the International Council of Voluntary Agencies (ICVA), the International Committee of the Red Cross (ICRC) and the League of Red Cross and Red Crescent Societies.
9. The African National Congress of South Africa (ANC), the Pan-Africanist Congress of Azania (PAC) and the South West Africa People's Organization (SWAPO) were also represented at the meeting.
C. Adoption of the agenda
10. The Executive Committee decided to adopt the following agenda:
1. Opening of the session.
2. Election of officers.
3. Adoption of the agenda and other organizational matters.
4. General debate.
5. Action taken on decisions by the Executive Committee.
6. International protection.
7. Status of contributions and overall financial requirements for 1985 and 1986.
8. Refugee aid and development.
9. Field affairs.
10. Role of UNHCR in promoting durable solutions.
11. UNHCR assistance activities
12. Administrative and financial matters.
13. Amendment to the rules of procedure.
14. Additional conference resources for the Executive Committee.
15. Consideration of the provisional agenda of the thirty-seventh session of the Executive Committee.
16. Any other business.
17. Adoption of the draft report of the thirty-sixth session.
D. Opening statement by the Chairman of the Executive Committee
11. In taking the chair, the newly-elected Chairman, Mr. K. Chiba, expressed his profound Gratitude and his determination to do his utmost to respond to the trust placed in him. He also paid tribute to the outgoing Chairman, the High Commissioner and the Secretariat, as well as to the 1985 Nansen Medal laureate, Cardinal Paulo Evaristo Arns.
12. The Chairman drew the Committee's attention to the unprecedented financial crisis facing UNHCR and urged both donor and recipient countries to prepare for necessary action. Noting the possibility that further contributions would be announced during the session, he invited UNHCR to take steps to improve its management in order to overcome the difficult situation. He also praised the UNHCR Staff Council's initiative to give one day's salary towards the 1985 General Programmes.
13. Describing international protection as one of the pillars of the work of UNHCR, the Chairman commended the efforts to formulate new rules of conduct in respect of the irregular movements of refugees and asylum-seekers. He deplored the continuing military and armed attacks upon refugees in camps and settlements or at sea and expressed his support for the Rescue at Sea Resettlement Offers (RASRO) scheme. He urged Governments to co-operate with UNHCR in providing protection to refugees.
14. In respect of assistance, the Chairman felt that new methods were necessary to ensure the cost-effectiveness of assistance activities, with emphasis on implementing the most urgent programmes and on strengthening evaluation systems. In addition, the linkage between refugee aid and development and the promotion of durable solutions, particularly voluntary repatriation, had to be taken into account. The Chairman referred to the Committee's responsibility for proving the 1985 (revised) and 1986 (initial) programmes. The need for emergency preparedness and for paying special attention to vulnerable refugee groups was also stressed.
15. The Chairman concluded by commending the dedicated UNHCR staff in the field who were carrying out their humanitarian tasks, often under difficult conditions.
II. GENERAL DEBATE (Item 4 of the agenda)
16. Congratulations were extended by all speakers to members of the bureau upon their election. Appreciation was also expressed for the work of the outgoing bureau and, in particular, for the past leadership of the Chairman.
17. In responding to the opening statement of the High Commissioner, which is attached as annex I to the present report, speakers paid tribute to the progress, achieved under his guidance in refugee protection and. assistance during the preceding eight turbulent years. Representatives expressed warm appreciation of the contents of the statement and commended the humanitarian and personal qualities the High Commissioner had brought to his difficult tasks during his period of office. The dedication of both the High Commissioner and his staff to the refugee cause was widely praised.
18. A number of speakers referred to the mandate of the High Commissioner and, in particular, to its humanitarian and apolitical character, which they considered the cornerstone of the Office's activities. One speaker remarked that though UNHCR was a temporary organization, there was little doubt that the refugee problem would last a long time. He urged recognition of the fact that temporary refugee burdens could become long-term ones. The fortieth anniversary of the United Nations was recalled by many speakers, who stressed the importance of collective action to safeguard the principles UNHCR was established to promote. While one speaker described UNHCR as irreplaceable, some representatives expressed concern that the mandate of UNHCR was being over-extended. Recently, the Office had been judged by its capacity to extend assistance to persons who were not within its mandate; to contend with the needs of so many groups was more than could be expected of any single organization.
19. At the same time, many speakers commented on the need to tackle the root causes of mass exodus since an understanding of these causes could help reduce the impact of refugee problems. It was urged that efforts be pursued in appropriate forums to prevent, reduce or even reverse refugee flows, for it was important to view each intervention of the international community in a two-fold aspect, one political and the other humanitarian. One representative pointed out that apart from political factors and violations of human rights, harsh living conditions and socioeconomic factors also played a role in provoking refugee movements. These could be redressed in the countries of origin, which had a greater responsibility for ending the exodus than countries of asylum. Another speaker felt that UNHCR, through its humanitarian action, could play a role in bringing about a dialogue between the parties concerned and a process of conciliation. He suggested, for instance, the appointment of regional representatives or tripartite commissions.
20. Deep concern was unanimously expressed about the financial crisis facing UNHCR, which representatives saw as the single most important problem confronting the Executive Committee. Many speakers urged the international community to respond to the High Commissioner's appeals for funds to permit him to maintain the required levels of refugee assistance. They drew the attention of the Committee to the severe consequences for refugees, particularly those in developing countries, if these appeals were not heeded. Funds allocated for emergency relief could not compensate for shortfalls in General Programmes. A number of speakers emphasized that UNHCR assistance should not be confined to relief and should take medium-term and long-term needs into account. Others spoke of the need to review levels of material assistance and endorsed measures taken by the High Commissioner to revise the approved budgets for 1985. Those speakers felt that UNHCR had to improve management practices, which would result in increased efficiency and cost-effectiveness and could reduce the need for additional funds. One delegation was particularly concerned about structural budgetary problems revealed by the crisis and asked the High Commissioner to adapt his planning system to new realities; in appropriate cases, priorities could be set to guide the implementation of programmes. A number of delegations stressed the need to plan programmes in such a way so as to reflect the mandate of UNHCR, and some delegations indicated that they were ready to participate in such a process in an advisory role. One representative, however, pointed out that it was not enough for Governments to urge UNHCR to manage its programmes better; the provision of adequate assistance to refugees was part of the collective responsibility of Governments. Another mentioned that the total budget of UNHCR was less than the global amount spent in one hour on arms. Many speakers stated that, in making reductions in programmes, UNHCR had to maintain basic life-sustaining assistance, particularly in the areas of health, nutrition, water supply and basic education. Others found cuts in durable solutions programmes unacceptable. One delegation questioned the technical premises behind the budgetary cuts made in his country's programme; another stated that the correct solution to the problem was to raise more funds, not to reduce the level of programmes.
21. Several speakers declared that though the Executive Committee enjoyed the privilege of approving UNHCR programmes without any corresponding obligation to finance them, Governments had a duty to support the High Commissioner's efforts to resolve the financial crisis. A number of delegations pointed out that contributions for refugee assistance over the years had been remarkably generous. Many spoke of their Governments' continued support for UNHCR and several announced specific new contributions for UNHCR programmes, while others mentioned that such contributions were being favourably considered by their Governments. Some speakers urged UNHCR to explore new sources of funding, particularly in the private sector, by appeals through non-governmental organizations and the mass media. Efforts to broaden the donor base and enhance contributions from smaller donors were also advocated: around 80 per cent of the budget of the High Commissioner was at present financed by 9 or 10 donor countries and this had to chance. The view was expressed that Governments had to contend with considerable claims on their strained humanitarian aid budgets and that the unprecedented demands of the African emergency had been met with funds which might otherwise have been contributed to the General Programmes of UNHCR. One representative drew attention to the gap between what the international community expected UNHCR to do and the resources provided to it. Another speaker suggested that a stricter interpretation of the mandate of UNHCR, limiting assistance programmes and emphasizing the search for durable solutions would help avoid future financial crises. Others stressed the importance of earmarking funds for refugee assistance and for restructuring donor budgets better to meet refugee needs. The need for making early pledges and payments of contributions was emphasized; several delegations declared their intention of announcing larger contributions at the annual UNHCR pledging conference in New York and urged other donors to do likewise. Though some uncertainty was expressed about prospects for funding the 1986 programmes, one representative felt the target should be approved and a special session of the Executive Committee convened if necessary around April 1986 should funding problems arise.
22. Many speakers expressed their appreciation of the appeal of the UNHCR Staff Council to all staff to donate one day's salary to the General Programmes of UNHCR. They stated that this gesture reflected the dedication and commitment of UNHCR staff to the work of the Office.
23. Referring to recent developments in refugee assistance, speakers focused largely on the emergency situation in Africa and the severe additional burdens this had placed on UNHCR and the international community as well as the setback it represented in the search for durable solutions. The mass movements of large numbers of refugees and displaced persons had been complicated by what one speaker described as the worst drought to have hit the region in the last 50 years. While many speakers paid tribute to the achievements of UNHCR and other United Nations agencies and non-governmental organizations in saving lives in Africa, much remained to be done; durable solutions had not yet been possible for some old groups of refugees even as new groups continued to arrive. Some speakers warned of the risk of new refugee flows from South Africa; in this connection, two representatives called for increased pressure on South Africa to withdraw from Namibia. The refugee situation in Central America had also worsened. On the other hand, representatives saw a certain stabilization in the programmes for Afghan refugees in South-West Asia and for Indo-Chinese refugees in South-East Asia, though both situations continued to cause concern. The need for durable solutions to each of these problems, in particular through voluntary repatriation and resettlement in appropriate cases, was also mentioned by several speakers.
24. Several delegations whose countries hosted significant refugee populations reported in some detail. on the specific influxes affecting their countries and the social, economic, environmental, political and security problems these had created. Reference was made to the "developmental crisis" in the midst of which certain countries, particularly in Africa, were coping with refugee emergencies. A number of representatives recalled the principles f international solidarity and burden-sharing which have animated the work of the High Commissioner and urged States to assist countries of first asylum in meeting their considerable obligations. The role of these asylum States was warmly commended and two speakers suggested that the definition of the term "donor" should be broadened to include the countries of asylum which had donated land, resources and services. One speaker felt that, since nearly half the world's refugees were in Africa, that continent should play a larger role in refugee affairs.
25. All speakers referred to the importance of attaining durable solutions to the plight of refugees and commended UNHCR for bearing this objective in mind even in the midst of emergency action. The increasing percentage of UNHCR resources allocated to durable solutions was widely welcomed. In this context, a number of delegations highlighted the need to promote voluntary repatriation as the most desirable solution to refugee problems. They were encouraged by the deliberations of the round table on that subject held at San Remo,, Italy, which provided a framework for the active pursuit of voluntary repatriation. Some speakers mentioned their appreciation of local income-generating and integration activities, such as those benefiting Afghan refugees in Pakistan. However, one representative pointed out that this kind of activity reflected his country's moral commitment to the refugees rather than its capacity to absorb them. In the view of one representative, regional solutions were preferable to the movement of asylum-seekers outside their region; another stated that asylum countries deserved all possible support to provide durable solutions as near as possible to the country of origin. One speaker was, however, of the view that since refugee problems were largely in developing countries, resettlement remained a necessary and feasible solution. Tribute was paid by many speakers to the efforts made over the years to resettle Indo-Chinese refugees. One speaker urged that resettlement processes should be speeded up in order to minimize problems for refugees and countries of first asylum. One delegation announced a new number of resettlement places for Vietnamese refugees from Hong Kong and urged other countries to follow this initiative by also taking additional numbers of Vietnamese refugees from Hong Kong. Some delegations representing countries of resettlement, while stressing the limits to their absorption capacity and the need to balance resettlement with other durable solutions, reiterated their Governments' willingness to continue accepting refugees for resettlement, particularly those who were most in need of this solution and in the context of family reunification. Special concern was also expressed for unaccompanied minors, handicapped refugees and long-stayers in the camps. At the same time delegations cautioned against what they saw as unrealistic expectations regarding the resettlement capacity of a small group of traditional immigration countries. Where no durable solution was immediately evident, speakers pointed to the need to promote self-sufficiency in refugee camps. One speaker stressed that the international community should not only provide for the most urgent needs of refugees by finding ad hoc remedies, but should also review, on a world-wide scale, its policies and programmes, especially in protracted refugee situations.
26. The link between refugee aid and development was touched upon by many speakers, who referred in particular to the first and second International Conference on Assistance to Refugees in Africa which had marked the shift of emphasis from emergency aid to development assistance and had introduced the concept of additionality in refugee aid to developing countries. There was widespread recognition of the fact that the contemporary refugee burden had fallen with particular weight on countries confronted with their own problems of development, who were themselves victims of the global economic crisis and who needed the help of the international community to cope with the additional responsibilities. In a number of countries, UNHCR assistance needed to co beyond basic relief to structural assistance. In this context, one representative mentioned the importance of social and economic infrastructure in managing refugee programmes and the problems created in this area when UNHCR withdrew from refugee settlements. He suggested that when settlements were handed over to host Governments, their inhabitants were still refugees and UNHCR should not abandon its responsibilities towards theme it should rather share its role and responsibilities with the Government until the refugees eventually were repatriated or became citizens of the country concerned. Some speakers urged that local inhabitants as well as refugees be fully integrated into refugee projects funded by UNHCR and non-governmental organizations; the needs of local populations, who were often deprived of services which were available to the refugees, had to be taken into account. UNHCR co-operation with other international organizations in this field was praised and particularly its collaboration with the World Bank in a project benefiting Afghan refugees in Pakistan. One speaker commended the High Commissioner personally for his role in forging the link between refugee aid and development during his tenure.
27. All speakers alluded to the crucial importance of international protection in the activities of the High Commissioner's Office. Several pointed out that a number of serious protection problems remained unsolved. Particular concern was expressed about the physical safety of refugees in the face of military attacks, piracy, refoulement, policies of "humane deterrence", detention, attacks on women and the continuing reluctance to rescue refugees at sea.
28. The issue of military attacks on refugee camps was raised by many speakers, both in regard to the unresolved discussions in the Sub-Committee of the Whole on International Protection and the Working Group on the subject, whose efforts were commended, as well as in regard to specific incidents, notably the raids on refugees and civilians in Angola and Botswana and the incidents at the Colomoncagua refugee camp in Honduras and on the Thai-Kampuchean frontier, in all of which refugee lives were lost. Speakers deplored such attacks and hoped that it would be possible for agreement to be reached during this session of the Executive Committee on an appropriate resolution on the subject especially since the General Assembly in its resolution 39/140 of 14 December 1984 had already pronounced itself in a manner which could serve as a useful guideline. Several speakers stated that with greater goodwill on all sides an agreement need not prove elusive on this important subject, on which work had begun as long ago as September 1981. A number of speakers stressed that the essential task was to condemn such attacks whenever and wherever they occurred; a number of others rejected this approach, stating that the responsibilities of refugees and asylum States had also to be taken into account. One representative stated that there was a need to protect the rights of refugees and to prevent military attacks on refugee camps and settlements and at the same time to impose corresponding obligations on the refugees, among which was the need to conduct themselves peacefully and without recourse to arms with respect to both the country of origin and the country of asylum. One representative stated that in this respect the principles anchored in the 1969 OAU (Organization of African 'Unity) Convention Governing the Specific Aspects of Refugee Problems in Africa [2] should be applied to refugee camps all over the world. Another representative suggested that the issue should be resolved in other forums, in order not to embroil UNHCR in political conflict. In the same context, some representatives called for UNHCR, in co-operation with the United Nations Border Relief Operation (UNBRO) and the International Committee of the Red Cross (ICRC), to explore all possibilities of extending protection to the vulnerable groups on the Kampuchean frontier, without prejudice to their eventual return. In respect of the Colomoncagua incident, one representative wished to dispel what he saw as a misrepresentation of the incident, which in his view was not a military attack.
29. In relation to the Israeli raid on Tunisia, several delegations considered that this air raid was aggression, and some speakers described it as an act of state terrorism, contrary to all the rules and norms of international law as well as the Charter of the United Nations. They added that it would seriously aggravate the situation of exiles and-refugees in the world at a time when the international community was making all efforts to provide the necessary protection to refugees and asylum-seekers whoever and wherever they were. The Tunisian delegation refuted allegations regarding the nature of the Palestinian civilian installations, denying categorically the existence of an alleged extra-territorial enclave in the country and underlining the exclusively civilian character of the agglomeration of Hamman-Chatt which was bombarded by Israel. In this respect, the representative of Israel stressed that the air raid on the operational headquarters of the Palestine Liberation Organization (PLO) had nothing to do with refugees or with refugee matters, since it was aimed exclusively against terrorists. He also stated that the raid was not aimed against Tunisian sovereignty, but since the Tunisian Government would not - or could not - assume its duties in conformity with international law and practice, Israel had to make use of its inherent right to self-defence.
30. The issue of the irregular movements of refugees was also commented upon by several speakers, who feared that the phenomenon could have a negative impact upon the traditional practice of asylum. Some referred to the fact that many of the asylum-seekers concerned lacked documentation, had falsified it or had destroyed or disposed of it upon arrival. Appreciation was expressed for the report of the consultant which had provided a useful basis for the discussions of the Sub-Committee on this subject. One representative felt that there was no single solution to the problem; rather, a number of existing conclusions and decisions of the Executive Committee had to be applied more vigorously. Several representatives expressed doubt as to the bona fide nature of many of the asylum-seekers involved in these movements. They felt that if the matter was not tackled, there was the risk of an adverse reaction from the public at large which would have negative consequences for genuine refugees. Several representatives, while recognizing that manifestly unfounded or abusive asylum applications were unacceptable, recalled that such applications constituted the minority as shown by the consultant's study on irregular movements. They expressed concern that such applications could be used as a pretext for a negative approach which could have adverse consequences for the institution of asylum. One speaker stressed the importance of adequate protection and assistance measures in the countries of first asylum. The consultations on the arrivals of asylum-seekers and refugees in Europe convened by the High Commissioner in May 1985 were mentioned in this context and several speakers felt that the High Commissioner's summation on that occasion could serve as a point of departure for follow-up action on the matter.
31. A number of speakers welcomed the special attention being paid to the protection problems of refugee women, who in their view were a particularly vulnerable group and subject not only to violations of their physical and moral integrity but to discrimination as well. One speaker urged the High Commissioner actively to follow up the decisions of the World Conference to Review and Appraise the Achievements of the United Nations Decade for Women: Equality, Development and Peace [3] and also to include refugee women in projects that would involve them in community leadership and self-reliance activities. Several representatives noted that women and children represented the majority of refugees and that the totality of their needs should be taken into account when planning and implementing assistance programmes. These speakers urged UNHCR to focus on vocational and other training programmes as well as income-generating activities aimed at ensuring the self-reliance 'of refugee women and their families. Some speakers encouraged the strengthening of a focal point within UNHCR for women's programmes and called for increased collaboration with other agencies concerned with the special needs of women.
32. A number of speakers expressed their support for the continuation of the Anti-Piracy Arrangement established by the Government of Thailand and welcomed reports of the declining percentage of attacks on refugees at sea. Some representatives urged further action, including the prosecution of offenders. One delegation pointed out that the suppression of piracy was not easy, and that like other crimes it could only be contained or deterred. The launching of the RASRO scheme to facilitate resettlement of refugees rescued at sea was welcomed by many delegations one speaker welcomed the improving rates of rescue at sea and indicated that his Government would favourably consider the scheme's further extension. A few speakers, while welcoming the above programmes, cautioned that there were no grounds for complacency: vessels still continued to bypass refugees and pirates still attacked them. Support was also expressed for the Orderly Departure Programme from Viet Nam.
33. As regards general principles, many speakers emphasized the importance of asylum. Some representatives of host countries affirmed that, despite the problems posed by large influxes of refugees, including that of military attacks upon these refugees, they would continue their asylum policies. Others recalled the provision in article II of the 1969 OAU Convention that the granting of asylum was a peaceful and humanitarian act which was not directed against any other State. Several speakers referred to problems that had arisen as the result of too strict an application of the "classic" refugee definition. Many delegations expressed concern at restrictions on the granting of refugee status to asylum-seekers, recently introduced in some countries, and felt that this undermined the principle of burden-sharing. Several speakers hailed the Cartagena Declaration on Refugees and stated that their Governments fully subscribed to its principles. A number of representatives welcomed accessions in recent years to the 1951 United Nations Convention relating to the Status of Refugees [4] and the 1967 Protocol [5] and the removal by certain States of the geographical limitation therefrom. They hoped that these international instruments would soon be universally adhered to. The same hope was expressed by one delegation in relation to the two 1977 Protocols additional to the Geneva Conventions of 1949,[6] which enhance the legal protection of the civilian population, including refugees, in times of armed conflict. Several speakers expressed appreciation of the deliberations of various meetings and seminars on the question of protection, such as the Addis Ababa seminar on refugees from South Africa and the San Remo meeting on voluntary repatriation, which had contributed to the development of international refugee law.
34. Several delegations congratulated the winner of the Nansen Medal for 1985, Cardinal Paulo Evaristo Arns. One speaker described the award as a symbol of the recognition of the efforts of the Catholic Church to help refugees in Latin America.
35. In the context of the funding crisis, a number of delegations referred to constructive criticisms and proposals which had been made, particularly in the Sub-Committee on Administrative and Financial Matters, regarding programme management and delivery. The strict application of financial and budgetary controls by UNHCR and its implementing partners as well as a better transparency of information relating to management was specifically mentioned by several speakers; however, one speaker cautioned against a duplication of auditing and inspection measures while another suggested that this question should be referred to United Nations Headquarters in New York for consideration. A few delegations were concerned by the imposition of conditions by recipient countries, particularly in the form of unfavourable exchange rates, import duties and procurement restrictions. They stressed that it was essential for UNHCR to be given the most favourable and non-discriminatory treatment. In this context, one representative explained his country's exchange rate policies and stressed that nothing should be allowed to prejudice refugee assistance. Some speakers questioned whether UNHCR had reacted quickly enough to the impending financial crisis; had it done so earlier, the later drastic cuts might have proved unnecessary. Certain representatives suggested that while the Executive Committee could not se priorities for UNHCR, this had to be done by the Office itself; others felt strongly that the establishment of such priorities among UNHCR programmes would not be appropriate.
36. Some representatives stressed the need to strengthen emergency preparedness of UNHCR and particularly its initial response capacity 'which they felt had bee sorely tested in the recent African crisis. High standards of cost-effective management were required and in the view of one representative the crucial question was no longer whether UNHCR should be operational, but how well its operations were directed. Several speakers expressed support for improvements in the evaluation system. One representative stated that while the system was welcome, it should be based on defined criteria which could also guide implementing agencies and supervisors.
37. Welcoming progress in various areas of UNHCR management, a number of speakers emphasized the importance of the field establishment and urged greater redeployment and decentralization as well as a predictable and equitable policy of rotation. Some representatives pointed to suggestions in this respect which had been made in the recent report of the Joint Inspection Unit (see A/40/135). Other speakers commended the statement of the Chairman of the Staff Council in which he indicated that some useful ideas had not yet been fully implemented and expressed the hope that further attention would be paid to problems mentioned by the Council. Some representatives expressed the Committee's readiness to advise the High Commissioner further in the area of administration and management. One representative pointed to the inadequacies of salary scales in field duty stations but admitted that this problem could not be resolved by the Executive Committee. The under-representation of women professionals in UNHCR, particularly in senior management, was criticized and increased efforts to recruit women were urged. One delegation called for a gradual rectification of the geographical imbalance when new appointments were made to senior posts in UNHCR. The recent opening of new UNHCR offices was welcomed by certain delegations.
38. One representative again welcomed the appointment of the Director of Field Affairs and looked forward to his report on his activities in the course of the year. Another speaker expressed the view that the Director had a major role to play in ensuring greater delegation of authority to the field.
39. A large number of speakers expressed their support for greater co-ordination of activities between UNHCR and other agencies of the United Nations system, other international organizations and non-governmental organizations. UNHCR co-operation with the Office for Emergency Operations in Africa was referred to by several speakers in this context one representative hoped that inter-agency co-ordination would be enhanced now that the African emergency had entered a consolidation phase. Another speaker regretted the lack of information about such co-ordination. One representative felt that a number of problems could have been avoided through better and earlier co-ordination; UNHCR is not the only agency in the field when a crisis strikes. Several representatives stressed the importance of public opinion in the work of UNHCR and urged the Office to take steps to keep the public aware of important refugee issues, through the mass media as well as through non-governmental organizations, who were among the most important partners of UNHCR. Many delegations paid tribute to the work of non-governmental organizations in their own countries and abroad. One speaker announced a new contribution from a non-governmental organization in his country to permit the publication of the December issue of the UNHCR magazine "Refugees", which had originally been cancelled in view of the financial crisis. Another called for closer co-operation between UNHCR and governmental agencies in host countries.
40. Several speakers congratulated the Secretariat for the comprehensiveness and clarity of the documentation provided for the session. The increased scope of the document entitled "Action taken on decisions of the Executive Committee" (A/AC.96/665) was welcomed by one representative. The provision of documentation in additional languages this year was appreciated by some speakers.
41. A number of delegations expressed their conviction that the spirit of dedication and co-operation would continue to characterize the work of the Executive Committee, which was humanitarian and non-political, and that the session would produce viable solutions to pressing problems. At a time of crisis, the Committee had to rise to the challenge to enable the High Commissioner to fulfil his mandate effectively. One speaker wished to enhance the role of the Executive Committee in the Office's work and felt it would be beneficial not only to both parties but also to refugees, as had already been seen in the work of the Sub-Committee on International Protection.
42. A statement was made by the observer of OAU, who spoke of the ever-rising tide of refugees on his continent whose distress had been further complicated by drought and natural disaster. A number of refugee groups had settled spontaneously and constituted cases of disguised poverty, placing added strains on nations among the least developed in the world, who were none the less making sacrifices in a spirit of international solidarity and burden-sharing. The unexpected dimensions of the problems of millions of people displaced as a result of drought and famine had disrupted the projects approved at the Second International Conference on Assistance to Refugees in Africa; 6 yet the emergency conditions only underscored the necessity for these projects to be implemented effectively. in addition, the observer described the suffering caused by the policies and military attacks of the apartheid régime of South Africa. He then outlined the measures undertaken collectively by African Governments to tackle the refugee situation in Africa. The OAU Council of Ministers had also examined the root causes of African refugee flows and appealed to member States to promote racial, ethnic, religious and political harmony. It had also called upon the international community to redouble its assistance to countries of asylum as well as to countries of origin in order to promote the rehabilitation of returnees. Another speaker called upon OAU member States to ratify both the 1969 OAU Convention on refugees and the African Charter on Human and Peoples' Rights.
43. The observer representing the Council of Europe addressed the meeting, which the Council was attending after several years absence. He commented on the financial crisis facing UNHCR and mentioned that the parliamentary assembly of the Council had frequently urged-Governments and parliaments to maintain and if possible increase their contributions to UNHCR. Referring to the growing complexity of world refugee problems, he stressed the vital importance of human rights and described the progress made by institutions of the Council in formulating new and far-reaching legal standards in this area.
44. The observers of three national liberation movements, ANC, PAC and SWAPO, made statements expressing their appreciation of the support given to assistance projects for refugees associated with their respective movements. They described their pressing needs and called upon the High Commissioner and the international community to provide more humanitarian material assistance. Serious concern was expressed by all three observers at the continued military attacks by South Africa against refugee camps and settlements.
45. Observers from the Office for Emergency Operations in Africa and the United Nations Volunteers, as well as those representing four non-governmental organizations - ICVA, ICRC, the League of Red Cross and Red Crescent Societies and the World Muslim Congress - described their activities in the refugee field and their co-operation with UNHCR.
46. The Deputy High Commissioner addressed the meeting on the subject of the Second International Conference on Assistance to Refugees in Africa, in view of concerns expressed on the funding of projects approved at the Conference. He mentioned that the Steering Committee of the Conference continued to function and that responsibility for the secretariat of the Steering Committee had been assumed by the United Nations Development Programme (UNDP) in New York. He informed representatives that projects approved at the Conference under paragraphs 5 (b) and 5 (c) of General Assembly resolution 37/197 of 18 December 1982 were still being implemented, though the needs of the African emergency had delayed implementation. He appealed for the funding and fulfilment of commitments and plans of the Conference as an important element linking refugee aid and development.
47. In closing the general debate, the High Commissioner thanked the Executive Committee for its clear reaffirmation of support to the humanitarian work of his Office. He had listened closely to all 55 interventions and had found the debate most inspiring and helpful. The High Commissioner expressed his gratitude to donor countries for their further commitments to help UNHCR overcome its financial crisis; to host countries for keeping their doors open in spite of their own enormous difficulties and which in many cases had borne the largest share of the burden; and to intergovernmental and non-governmental organizations which had addressed the meeting as observers and which were valuable partners in the efforts of UNHCR. He welcomed the reaffirmation of the basic principles of UNHCR and the suggestions that these be further strengthened. Some representatives had expressed concern that in responding to the various problems that confronted it, UNHCR should not lose sight of the fundamental tasks of the Office; he hoped indeed that it had not. The High Commissioner noted comments made by representatives in support of voluntary repatriation, anti-piracy activities, special protection and assistance for refugee women, and the promotion of refugee law. He shared the abhorrence of many representatives for military attacks on refugee camps. He underlined the link between refugee aid and development and particularly stressed the importance of co-operation with other United Nations agencies in this context. He attached importance to the results of the Second International Conference on Assistance to Refugees in Africa and the valuable concept of additionality, and shared the hope that the momentum of the Conference would not be disrupted by the emergency situation in Africa. He appreciated the concern that had been expressed regarding improved management and financial control measures and assured representatives that UNHCR also regarded these questions with utmost seriousness. Its reforms in these areas were part of an ongoing, dynamic process and efforts were also being made to ensure that implementing partners maintained tight controls and high reporting standards. The High Commissioner concluded his comments with a word of thanks for the kind and generous remarks which had been addressed to him personally. He could only repeat his earlier statement that he considered it a privilege to work for refugees and with the Executive Committee. He was sure that, in the course of the later discussions, all those present would draw inspiration from their common commitment to humanitarian ideals.
Decisions of the Committee
48. The Executive Committee:
(a) Congratulated members of the Bureau on their election and paid tribute to the outgoing Chairman for his stewardship of the Committee during the past year;
(b) Thanked the High Commissioner for his introductory statement in which he had, inter alia, reviewed the developments and accomplishments of his eight years in office;
(c) Expressed deep appreciation for the services of the High Commissioner to the refugee cause during his two terms of office and particularly for the considerable personal and humanitarian qualities which he had brought to the performance of his functions
(d) Took note with deep concern of the grave financial crisis confronting UNHCR and urged Governments, intergovernmental and non-governmental organizations and other donors to provide continued support for the work of the Office at an adequate level through monetary and other contributions;
(e) Commended the High Commissioner on steps already taken to improve the management of UNHCR activities, particularly in the areas of financial administration and control, and urged him to continue to take the necessary action in order to offset the funding shortfalls, in co-operation with implementing partners;
(f) Reaffirmed the importance of ensuring that due priority was accorded to the objectives of durable solutions and essential care and maintenance needs of refugees, and encouraged further improvements in cost-effective implementation of such assistance activities;
(g) Noted with appreciation the significant contributions made by countries of asylum in accepting, often despite serious difficulties of their own, large numbers of refugees, and urged other Governments, in a spirit of international solidarity and equitable burden-sharing, to assist in providing appropriate solutions for refugees;
(h) Also expressed appreciation for the generosity of all donors who had contributed to the 1985 programmes of UNHCR both in terms of the General Programmes and of Special Programmes such as those regarding the African emergency;
(i) Expressed deep concern at the serious dimensions of the recent emergency in Africa, where drought and famine had affected both refugees and local populations, involving great hardship as well as tragic loss of life, and commended the High Commissioner for his efforts to alleviate the problem which had added significantly to the work-load of his Office;
(j) Regretted that the emergency situation had represented a severe set-back for durable solutions, programmes and infrastructure projects in Africa, including those submitted at the Second International Conference on Assistance to Refugees in Africa, and urged that the vital importance of these, as well as the principle of additionality, not be overlooked by the international community);
(k) Expressed concern about the continuing severity of the refugee situations in South-East and South-West Asia and reiterated the need for durable solutions to those problems;
(l) Also expressed concern at the difficult refugee situation in Central America and called for further efforts to meet refugee needs in that area;
(m) Emphasized the importance of tackling the root causes of refugee problems in the appropriate forums and urged continuing efforts in that regard;
(n) Reaffirmed the purely humanitarian and non-political character of the High Commissioner's activities as the necessary condition for the effective fulfilment of his mandate to protect and assist refugees and displaced persons of concern to his Office, including in refugee camps and settlements, and called for the reinforcement of the humanitarian principles underlying his work; encouraged, in this context, further accessions to the international refugee instruments and the removal of reservations;
(o) Welcomed the increasing proportion of budgetary resources allocated to durable solutions and urged the unremitting pursuit of such solutions, with particular emphasis firstly on voluntary repatriation and, when that was not possible, on local integration or, failing that, the provision of adequate resettlement opportunities;
(p) Noted with deep concern the persistent serious violations of refugee rights, in particular through military and armed attacks on refugee camps and settlements, and regretted the lack of agreement on principles relating to such attacks; and further urged Governments to co-operate fully with the High Commissioner to facilitate the effective exercise of the vital responsibility under his mandate to extend international protection to refugees;
(q) Commended the High Commissioner for drawing attention to the special needs of refugee women in the field of protection and further urged him to take account of the totality of these needs, including self-sufficiency, within the assistance programmes; and encouraged the efforts of the High Commissioner to strengthen the focal point for refugee women within UNHCR relating both to protection and assistance activities;
(r) Welcomed the increased close co-operation between members of the Executive Committee and the Office, including the improvements in information flow and in the quantity and quality of documentation made available to the Executive Committee before, during and between its sessions, and urged the strengthening of that co-operation;
(s) Registered appreciation for the continued important contribution made by the Sub-Committee on International Protection and the Sub-Committee on Administrative and Financial Matters and of the constructive role played by them in advancing the work of the Executive Committee and of UNHCR;
(t) Urged the High Commissioner to continue his efforts to improve the administration of his Office, particularly through improved training, greater decentralization and delegation of authority to the field, further redeployment of posts, and the continuous refinement of the policy of rotations;
(u) Requested the High Commissioner to pursue a recruitment policy based on the principles of competence, integrity and motivation, paying due attention to the Geographical balance at all levels, and urged him to increase the recruitment and advancement of women in UNHCR, including at the senior management level;
(v) Requested the High Commissioner to continue to co-ordinate closely the efforts of his Office with those of other bodies in the United Nations system and appropriate intergovernmental and non-governmental organizations, and encouraged those agencies to continue their support to the High Commissioner in the execution of his functions;
(w) Commended the High Commissioner and the staff of UNHCR for the invaluable work performed by the Office on behalf of refugees in often difficult conditions throughout the worlds and further commended the gesture of the UNHCR staff in contributing one day's salary to the 1985 General Programmes, an action testifying to their commitment to the work of the Office.
III. ACTION TAKEN ON DECISIONS OF THE EXECUTIVE COMMITTEE (Item 5 of the agenda)
49. Introducing this item, the Secretary of the Executive Committee referred to document A/AC.96/665, the object of which was to enable representatives to follow more easily the action that had been undertaken by the secretariat in respect of the Committee's decisions. To facilitate perusal, the conclusions and decisions had been arranged by subject rather than in chronological order. The Secretary of the Executive Committee pointed out that certain decisions of the Committee, such as those relating to durable solutions, were reiterations of statutory obligations of the High Commissioner and were likely to be repeated in later years, while others related to specific one-time action required by the Executive Committee and would not recur.
50. The Secretary stated that the document had been placed before the Committee for reference rather than for substantive discussion, which could more appropriately be reserved for the relevant items on the agenda. He none the less invited comments from members of the Committee on its usefulness.
51. Three speakers commended the secretariat for the document, which they found a useful presentation of developments, expressed the hope that it would be repeated in future sessions. All three representatives indicated that they would return to substantive questions raised in the document under later items of the agenda; however, all wished to note specific points raised in the document. One representative drew attention to paragraph 22 relating to formal training programmes to strengthen the ability of implementing agencies to administer UNHCR programmes paragraphs 33 and 34 on recruitment, particularly of women in the professional category, and paragraphs 37 and 38 regarding the delegation of authority from headquarters to the field. Another speaker referred to paragraphs 18 to 20 of the document and indicated that only one part of the decisions recorded therein, namely, that relating to the provision of humanitarian assistance in the Tindouf region of Algeria, had been implemented, while no information was provided regarding the other part of the decisions, namely, the implementation of durable solutions, in particular, voluntary repatriation, as especially mentioned in the above decisions. A third representative referred to the same paragraph and complimented the secretariat on the clarity of the document) she noted that a detailed report on durable solutions (A/AC.96/653), the conditions and possibilities of their implementation, as well as the action of UNHCR in this field, had been presented to the Committee. Both delegations raising this issue reserved their right to return to the question under the discussion on durable solutions (item 10 of the agenda).
Decision of the Committee
52. The Executive Committee: Commended the secretariat for its report on action taken on decisions of the Executive Committee and requested that a similar document continue to be presented at future sessions of the Committee.
IV. INTERNATIONAL PROTECTION (Item 6 of the agenda)
53. At the request of the Chairman of the Executive Committee, the Chairman of the Sub-Committee of the Whole on International Protection, Mr. F. Mebazaa (Tunisia), introduced the report of the Sub-Committee on its tenth meeting (A/AC.96/671) (see annex II to the present report). The Sub-Committee had dealt with five subjects which were often highly complex. It had devoted particular attention to the question of refugee women and had recommended conclusions that highlighted difficulties facing refugee women and had proposed appropriate action. In regard to problems relating to the rescue of asylum-seekers in distress at sea, the Sub-Committee had been encouraged by the increase in the rescue rate in 1985. Further support of UNHCR efforts in this area was, however, still necessary and this was reflected in the recommended conclusions. The Sub-Committee had also proposed conclusions on the subject of voluntary repatriation which reiterated the importance of this solution and the need to approach it in a dynamic manner. The Sub-Committee greatly valued the preparatory work on this subject that had been carried out by the Round Table in San Remo, Italy, in July 1985.
54. The Sub-Committee had also considered the question of the irregular movements of asylum-seekers and refugees. Discussion on this extremely complex issue was greatly assisted by the study of Mr. Gilbert Jaeqer, the consultant appointed by the High Commissioner. The draft conclusions were believed to be well balanced. Although they contained-a reservation by one country, it was hoped that this matter could be resolved during the course of the discussions. In regard to military attacks on refugee camps and settlements, the working croup established under the chairmanship of Mr. Hegner (Switzerland) had not yet been able to arrive at a consensus.
55. In conclusion, the Chairman stated that the results of the Sub-Committee's work reflected a real desire on the part of Governments to find solutions to various complex problems of international protection and a sincere wish to arrive at meaningful compromises in a true humanitarian spirit.
56. In response to a request by the Chairman, Mr. Hegner informed the Committee of the results of the consultations he had undertaken regarding the draft conclusions relating to military and armed attacks on refugee camps and settlements. These consultations had been undertaken within the framework of a working group open to all members of the Sub-Committee.
57. In spite of some agreement on several peripheral aspects, disagreement regarding the substantial elements of the draft had, unfortunately, prevented the working group from reaching a consensus. There was divergence of view between those countries wishing to see a clear condemnation of military attacks and those asking for a definition of the respective responsibilities of all parties involved.
58. Mr. Hegner felt that instead of attempting to reach a compromise, the countries represented in the working group had in certain respects hardened their attitudes. He did not, for the time being, see the possibility of any solution and expressed his doubts as to whether the Committee should continue discussing this subject, especially in light of the fact that the General Assembly had already addressed the issue in its resolution 39/140 of 14 December 1984. This would not preclude the matter being taken up at a later stage should the circumstances change. Under the present circumstances, Mr. Hegner wished to be relieved of his functions as Chairman of the working group.
59. Introducing the item, the Director of International Protection, Mr. Moussalli, said that the main problems encountered by UNHCR in the field of international protection were outlined in the note on that subject (A/AC.96/660). He proceeded to describe some of the more fundamental trends threatening the whole concept of international protection and to analyse possible courses of action to remedy them.
60. The nature of the protection activities of UNHCR had taken on dimensions not envisaged when the Office was established in 1951. Initially, the protection problems were more of a legal nature, concerning, as they did, the reception, integration and resettlement of refugees from Eastern Europe in Western industrialized countries. From the 1960s, the emphasis on refugee movements shifted to the third world with the wars of independence fought against colonial régimes. With the support of the international community and the High Commissioner, hundreds of thousands of refugees who were welcomed in neighbouring countries were provided with shelter and assistance until a political settlement was reached which permitted them to voluntarily return to their newly independent country. The new protection problems during these years were mainly to locate the refugee camps at a safe distance from the border and to ensure the purely civilian and humanitarian character of the camps.
61. The late 1960s and early 1970s witnessed increasingly complex refugee movements, with large members of asylum-seekers moving en masse across borders into developing countries with limited resources. Despite the economic and political problems, however, these situations were still manageable. Regional solutions of local integration and voluntary repatriation were found and protection principles were generally upheld and, in some instances, even strengthened. There was considerable development in the formulation of the principles of international protection, through international instruments, resolutions and declarations at the universal and regional levels.
62. From the mid-1970s to the present time, however, the world had seen a succession of major crises resulting in the massive transfrontier flows of populations. Crises like those in Indo-China, Afghanistan and latterly in Africa had created problems of a dimension and complexity previously unknown. So too had the phenomena of violations of the physical integrity and safety of refugees and the movements of large numbers of refugees from developing to developed countries. The turning point was the crisis in Indo-China, which led to one of the most prolonged large-scale movements in recent times and for which the only available solution was resettlement due to the general unwillingness of countries in the area to accept these refugees on a durable basis. Although countries reacted generously by offering resettlement places in the initial period, the crisis proved costly to refugees and to some of the basic concepts of international protection.
63. Fearing that such situations could only be solved by resettlement and that the continuous presence in their territories of sizeable alien populations might endanger their vital national interests, States reacted either by drastically restricting their resettlement criteria or introducing so-called deterrent measures: borders were closed, temporary asylum was denied and asylum-seekers were either returned to their country of origin or not allowed to enter.
64. Parallel to the unprecedented crises described above, new forms of brutality and physical attacks against refugees were witnessed during this period. UNHCR had limited means to counter these actions. The presence of UNHCR officers was the best method of ensuring the safety of refugees in camps, alone flight routes and in border areas. UNHCR also continued to recommend that refugee camps and settlements should, in principle, be located at a safe distance from the border. The movement of refugees to such locations must not, of course, entail any physical violence against them. In the field of the physical protection of refugees and asylum-seekers, it was also necessary to mention the maintenance and strengthening of the anti-piracy programme and rescue at sea initiatives.
65. This latest period had also seen the phenomenon of large numbers of refugees moving, for various reasons, from developing to industrialized countries, flooding the asylum procedures. The authorities of some countries had said that while they fully accepted their obligations under the 1951 United Nations Convention relating to the Status of Refugees, they were not prepared, or able, to receive the victims of civil wars or man-made disasters which occurred outside their regions. Those countries had started to introduce practices to limit or discourage the arrivals of asylum-seekers and had questioned the applicability of the protection role of UNHCR in those cases.
66. The Director of International Protection believed that it was possible to overcome the above-mentioned crises and difficulties and to maintain and strengthen the standards of international protection that had been so patiently developed over the years. That required an understanding of the new refugee situations and the finding of a balance that would permit respect for humanitarian principles and the human rights of refugees while also taking into account the legitimate concerns of States for the welfare of their populations and the preservation of their national interest. That could only be achieved if all parties concerned, in particular States, UNHCR and humanitarian non-governmental agencies, met their respective responsibilities.
67. The mandate of UNHCR required that it actively seek permanent solutions. Here the emphasis had changed from the assimilation efforts of the 1950s to the voluntary repatriation needs for the bulk of the refugee population of today. UNHCR had a responsibility, whenever the circumstances permitted, to assist in the preparation and implementation of voluntary repatriation. To that end, UNHCR had actively promoted the adoption of principles relating to voluntary repatriation in, for example, the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, the 1980 Conclusions of the Executive Committee,7 the 1981 Guidelines concerning the international protection of refugees and displaced persons in Asia adopted by a Working Group appointed pursuant to the Manila Round Table on the same subject held in April 1980, the Contadora Act on Peace and Co-operation in Central America (A/39/562-5/16775, annex), the Cartagena Declaration on Refugees and, most recently, the report of the Working Group on Voluntary Repatriation organized in July 1985 by UNHCR in co-operation with the International Institute of Humanitarian Law of San Remo. This latter Working Group attempted, in an imaginative manner, to suggest ways and means to the High Commissioner and to States to overcome some of the problems in the field of voluntary repatriation.
68. While UNHCR believed that voluntary repatriation was the best solution for refugee situations, it was aware that the danger existed that UNHCR and the refugees could become pawns in a political game. The confidence and support of States were necessary so that this could be successfully resisted. It was evident that an essential condition for voluntary repatriation to be successful was the political will of States directly concerned, normally the country of origin and the country of asylum.
69. In South-East Asia, while the solution of voluntary repatriation had not been possible on a large scale, a working mechanism to allow for the voluntary return of Lao from Thailand had been established due to the positive attitude of both Thailand and the Lao People's Democratic Republic. Further, with the assistance of the International Institute of Humanitarian Law of San Remo, Italy, UNHCR was able to have a useful exchange of views with representatives, at a high political level, of the Indo-Chinese countries and to discuss with them the situation of Indo-Chinese refugees in South-East Asia. The matter must be pursued with caution, patience and above all with the goodwill of those concerned. The necessary conditions in South-East Asia must be created in order to facilitate, in an exclusively humanitarian context, the voluntary repatriation of refugees or the return in safety and dignity of those persons determined to have left their country for purely economic reasons.
70. Experience had shown that the establishment of tripartite commissions, involving the country of origin, the country of asylum and UNHCR, could be a useful mechanism in promoting and facilitating voluntary repatriation. It was hoped that such tripartite commissions could be established for voluntary repatriation in various refugee situations in Africa and Central America.
71. It was evident that voluntary repatriation was not possible in all situations. where it was not, a comprehensive global approach was necessary, in a true spirit of international solidarity and burden-sharing. The Director of International Protection believed that an important function of the Office was to promote and to facilitate a constructive dialogue with all concerned parties. An example of such an approach was the convening of the European Consultations in May 1985 on the problems created by the arrivals of asylum-seekers and refugees in Europe. These consultations and the suggested follow-up demonstrated that solutions to current problems could be found and the humanitarian framework maintained if all parties had the political will to meet their responsibilities and to co-operate in sharing the burden. He stressed that the role of non-governmental agencies was crucial in this process, especially given their importance in the area of public information. They should be included in deliberations concerning the fate of refugees with whom they were so closely associated. The Director of International Protection concluded his remarks by stressing that UNHCR could not solve the root causes of refugee movements. The most UNHCR could do was to attempt to create a favourable climate which might reduce tensions and permit time for a political settlement to the problems. UNHCR could, with the support and confidence of States, carry out its mandate in this regard. It must be noted, however, that timely solutions to these problems were necessary.
72. In the ensuing discussion and in the general debate, there was unanimous recognition of the crucial importance of the High Commissioner's international protection function. It was also recognized that the effective discharge of this function depended on the full support of Governments and the provision of appropriate durable solutions for refugees was a vital factor in that regard.
73. A number of representatives expressed satisfaction at the progress achieved in defining and consolidating internationally recognized standards for the treatment of refugees. The fact that a very large number of States had now acceded to the 1951 United Nations Convention relating to the Status of Refugees and the 1967 Protocol was Generally welcomed and the hope was expressed that more States would accede in the near future, thereby enhancing the universal character of those instruments. One representative referred to the geographical limitation still being maintained by certain States in respect of their obligations under the international refugee instruments. That limitation was in his view anachronistic and contrary to current developments in humanitarian law. He believed that the Executive Committee should appropriately address an appeal to those States that still maintained the geographical limitation to consider its withdrawal.
74. A number of representatives expressed concern that internationally recognized standards for the treatment of refugees were frequently disregarded in practice, a matter to which attention had been drawn in the note on international protection (A/AC.96/660). Reference was made to breaches of the principle of non-refoulement, the serious incidence of acts of piracy and other acts of violence perpetrated against refugees and asylum-seekers and of measures of arbitrary detention.
75. Several speakers mentioned the growing problem of persons who left their country of origin due to serious upheavals or armed conflicts. The view was expressed by some representatives that persons in that situation did not fall within the refugee concept but could be granted humanitarian treatment on the basis of national legislation and that it was, therefore, not necessary to broaden the refugee definition in order to take account of their needs. Such a broadening of the refugee concept involved the danger of eroding international support for refugees. This question was the subject of comment by the Director of International Protection when responding to the debate.
76. Several representatives, while reaffirming their countries' commitment to the principles of asylum, nevertheless pointed out that they were exposed to large-scale arrival of persons who were clearly not refugees and who sought to take advantage of asylum procedures for migratory motives. That phenomenon exposed those countries to severe strain and eroded public support for genuine refugees. One representative stated the preoccupation of his country with some asylum-seekers who were seeking refuge from prosecution and with some refugees who engaged in activities contrary to the public order of the country of asylum or against the interests of their country of origin.
77. A number of representatives also made reference to the growing phenomenon of refugees who moved in an irregular manner from one State in which they had already found protection to other States. There was general agreement that such irregular movements also undermined public support for measures adopted by States to protect and assist refugees and tended to destabilize structured international efforts to provide refugees with appropriate solutions. Reference was also made to the growing phenomenon of asylum-seekers who travelled with false documents or who willfully destroyed or disposed of their documentation in order to mislead the authorities of their country of arrival.
78. Several representatives paid tribute to the study undertaken by the consultant appointed by the High Commissioner on the subject of irregular movements of asylum-seekers and refugees. All speakers expressed appreciation for the preparatory work undertaken in the Working Group on Irregular Movements and the Sub-Committee of the Whole on International Protection.
79. A number of representatives emphasized the importance of addressing the problem of irregular movements at its source. One representative underlined the importance of solutions to refugee problems being sought by the international community as a whole based on principles of international solidarity and burden-sharing. He felt that all countries, including countries of transit and first asylum, should strictly apply the principle of non-refoulement. That would however, only be possible if it was also clear that the international community at large supported such measures and was willing to ensure that the host country concerned did not have to face the burden of receiving refugees alone. That burden was not merely of a material but also of a social and political nature. The strict observance of the principle of non-refoulement undoubtedly required sacrifices since the countries involved were giving priority to humanitarian considerations, rather than to material and political interests. To pursue this path, those countries had to be persuaded that sacrifices were collective and constituted a part of a global effort based on an equitable burden-sharing which this humanitarian endeavour required. He also pointed out that recent practices by States in adopting a series of restrictive measures such as rejection at borders, refusal of asylum, return of refugees and asylum-seekers to countries through which they had merely transited and lengthy as well as restrictive procedures of selection of asylum-seekers and refugees for purposes of admission and resettlement were not conducive to the establishment of an appropriate climate for the protection of refugees.
80. A number of speakers invited UNHCR to play a more operational role in situations involving irregular movements of refugees and asylum-seekers. Such a role would involve a search for durable solutions in countries of first asylum and promoting those solutions with States concerned. It was recognized by these speakers, as by several others, that protection problems of refugees could only be overcome with the necessary attention being paid to the root causes of refugee movements. One speaker underlined the significance of finding solutions to refugee problems in regions where they first occurred. He stated that his Government had been following that principle for many years and was of the opinion that the regional approach was best suited to solving refugee problems in the long term.
81. Several speakers also pointed out that the draft conclusions contained in document A/AC.96/671 rightly placed the emphasis on the need to address the problem of irregular movements at its source through action by concerned States to provide, appropriate durable solutions. One speaker, while voicing support for the conclusions in their present form, urged the High Commissioner to take every necessary measure to ensure that the standards reflected in those conclusions would also be applied in concrete refugee situations. One representative indicated that the conclusions provided a necessary framework which would need to be supplemented by practical measures. Another representative stated that it was the intention of his Government to study further the applicability of the conclusions in his country. One representative expressed the view that the conclusions did not fully reflect the situation existing in his region where refugees proceeded to first asylum countries with the clear intention of leaving for other countries. Referring to the willful destruction or disposal of travel and other identity documents and to the conclusion adopted by the Sub-Committee to the effect that States should take appropriate measures to deal with this problem, one representative stressed that such measures should not be of a nature to create so-called orbit situations.
82. There was general agreement that the draft conclusions on this subject were adequate and well-balanced and reflected the legitimate interests of refugees and concerned States. One representative stated, however, that his Government could not join the consensus with respect to the conclusions and it was therefore agreed that the matter be deferred.
83. During the discussion on international protection and during the general debate, a majority of the speakers noted with concern that UNHCR was increasingly called upon to concern itself with the physical safety of refugees and asylum-seekers in many areas of the world.
84. Concern was expressed at continuing acts of piracy against asylum-seekers in South-East Asia, although satisfaction was expressed that the rate of pirate attacks appeared to have diminished. In this connection, many speakers welcomed the results of the Anti-Piracy Arrangement entered into by UNHCR with the Royal Thai Government for which they pledged their continuing support. They also expressed the hope that UNHCR would report on the results of the Arrangement.
85. A number of speakers noted with satisfaction that efforts to combat pirate attacks had been complemented by parallel efforts undertaken by the Office to encourage rescue of asylum-seekers in distress at sea. Many speakers welcomed the continuation of the Disembarkation Resettlement Offers (DISERO) scheme and the Commencement of the Rescue at Sea Resettlement Offers (RASRO) scheme as from May 1985. These two schemes appeared to have contributed to an increase in the number of rescues reported in the past several months. Concern was, however, expressed that there were still cases in which asylum-seekers were reportedly not being rescued by passing ships. Both in the discussion on this item and during the general debate, a number of speakers expressed the willingness of their Governments to continue to provide resettlement places under the RASRO scheme as long as the need existed. One speaker, similarly indicating his Government's support for RASRO, considered that the scheme should be the subject of technical review from time to time. He also pointed out that, in his country, rescued asylum-seekers were permitted to disembark without any resettlement guarantee. Another speaker, while fully supporting efforts to promote rescue at sea, nevertheless believed that any arrangement to promote rescue at sea should not be seen as an encouragement for persons to leave their country of origin to seek resettlement possibilities abroad.
86. There was unanimous support for the conclusions recommended by the Sub-Committee regarding rescue of asylum-seekers at sea.
87. All speakers paid tribute to Mr. Hegner for the considerable efforts he had exerted over the past year in an effort to arrive at consensus, conclusions for adoption by the Executive Committee on the subject of military or armed attacks on refugee camps and settlements. They equally expressed regret that despite Mr. Hegner's efforts, it had not been possible to arrive at a consensus. Several speakers stated their general agreement with the two sets of draft conclusions elaborated by Mr. Hegner and circulated to the members of the Executive Committee during its present session.
88. Several speakers stated that the draft conclusions struck the right balance between the need to condemn military and armed attacks on refugee camps and settlements and the need to ensure that such camps and settlements were used for strictly civilian and humanitarian purposes. Several speakers considered that it was essential to ensure the exclusively civilian and humanitarian character of refugee camps and settlements. One speaker declared that that was necessary both to comply with the mandate of UNHCR and to establish conditions which were most likely to prevent military or armed attacks. The protected status of refugee camps and settlements under international law should not, however, be abused or jeopardized by the introduction of activities or elements inconsistent with their civilian and humanitarian nature. Some speakers mentioned the importance they attached to the role of UNHCR and the need for UNHCR to have access to such refugee camps and settlements and one speaker said that these should be located away from the border with the country of origin.
89. Several other speakers, however, voiced their strong reservations with respect to the draft conclusions that had been submitted by Mr. Hegner. These speakers reiterated the need for military or armed attacks on refugee camps and settlements to be clearly and unequivocally condemned. In their view, such attacks could not be justified under any circumstances. It was felt by those speakers that no conclusions could be acceptable to them unless they correctly addressed those key issues. Some speakers stated that such attacks were contrary to international law in so far as they violated the rights and safety of refugees, were directed against unarmed civilians and were an act of aggression against the host country.
90. The same speakers recognized the need for all refugee camps and settlements to be used for civilian and humanitarian purposes only and for UNHCR to have access to such camps and settlements for verification. They stressed, however, the importance of reflecting those requirements in the conclusions in such a manner as not to provide any excuse or pretext for attacks. It was also stated that the formulation of the principle of UNHCR access to refugee camps and settlements should be such as to reflect the need for UNHCR to co-operate and consult with the host Government and not to act in a manner inconsistent with the sovereignty of the State concerned.
91. One speaker sought clarification as to the possible response of the international community in instances where all measures to ensure the strictly civilian and humanitarian character of refugee camps and settlements had been taken, but a country nevertheless harboured suspicions that a particular camp or settlement was also used for other purposes. Such a situation would clearly call for further investigation but could never justify a military or armed attack. That speaker said it was therefore particularly regrettable that the draft conclusions condemned only those attacks which were against international law, and that would wrongly presuppose that some attacks were not against international law and might therefore be permissible.
92. Several speakers expressed the opinion that since the Executive Committee had been unable to arrive at a consensus and since attacks on refugee camps and settlements had already been dealt with by the General Assembly in resolution 39/140, the matter should be allowed to rest for the time being. Efforts could then be renewed at a later stage when conditions for arriving at a consensus were more propitious.
93. A number of speakers, however, made specific references to such recent attacks in Angola, Botswana, Honduras, Pakistan, Thailand and Tunisia. In view of the increasing seriousness of such attacks and the resultant loss of life, those speakers felt that no effort should be spared to adopt a conclusion condemning them. They were, therefore, in favour of a continuation of efforts to reach a consensus on the subject. The view was also expressed that failure to do so could even be seen as an incentive for further attacks. One speaker expressed the view that the difficulties experienced so far were due to the absence of sufficient political will on the part of States.
94. Some speakers proposed that paragraph 3 of General Assembly resolution 39/140 be reaffirmed by the Executive Committee. Other speakers, however, felt that that resolution, because of its wording, was open to the same objections as the draft conclusions discussed by the Executive Committee during the present session.
95. Many speakers welcomed the initiative of the High Commissioner in bringing the subject of the protection of refugee women before the Executive Committee. Tribute was also paid to the High Commissioner for having organized the Round Table on Refugee Women held at Geneva in April 1985. One representative believed that the consideration of the special situation of refugee women in these various forums was an important contribution to the United Nations Decade for Women.
96. There was general recognition that refugee women were frequently confronted by particular difficulties in the protection field owing to the simple fact that they were women. Appreciation was expressed for the action already taken by UNHCR to ensure that refugee women were provided with adequate protection. One representative pointed out that the Anti-Piracy Arrangement appeared to have been particularly effective in protecting refugee women. There was, however, an urgent need for further measures to ensure that refugee women were protected from violence or threats to their physical integrity and safety and also to ensure their equality of treatment. The view was also expressed by one representative that existing UNHCR programmes should be redesigned to take into account the special situation of refugee women and, in particular, to ensure their physical integrity and safety.
97. In the opinion of one representative, special attention should be paid to refugee women who were heads of family and those who otherwise found themselves in a vulnerable situation. Another representative believed that special emphasis should be placed on making refugee women, who have a unique role in the family unit, self-sufficient. That should be done through education, health and employment programmes. One representative stated that while refugee women were particularly vulnerable with-respect to legal and physical protection, they should not simply be classified with the handicapped and children as a vulnerable group for the purposes of assistance programmes but should benefit from active programmes designed to ensure that they became self-sufficient and that they were treated equally. The same representative expressed the view that refugee women should participate in the formulation and implementation of these programmes.
98. A number of representatives requested that UNHCR report regularly on the situation of refugee women and on specific action taken and proposed to improve the international protection they receive. One representative believed that the subject should be placed on the agenda of the Executive Committee next year.
99. All speakers endorsed the conclusions on refugee women that had been recommended for adoption by the Sub-Committee of the Whole on International Protection. One representative stated that, while all the conclusions were important, conclusions (d) and (e) were of particular significance. Concerning conclusion (k), one representative stated that the interpretation of the refugee definition was within the competence of the national authorities responsible for determining refugee status and no commitment could, therefore, be made by his Government regarding that conclusion. He also believed that the matter required more thought and that a study of the definition itself, and the term "particular social group", might be appropriate. Another representative expressed regret that the wording of conclusion (k) had been amended, since previous drafts had, in his view, been more precise in their language. One representative stressed that the Executive Committee should support all UNHCR efforts on behalf of refugee women and should also help to create a climate of understanding for their special problems.
100. On the subject of voluntary repatriation, most of the speakers expressed their agreement that that was the most desirable solution to all refugee problems and welcomed the initiative of the High Commissioner in focusing attention on the subject. They also expressed their appreciation for the work of the San Remo Round Table and indicated their general support for its conclusions.
101. A number of speakers stressed the need to bear the possibility of voluntary repatriation constantly in mind. One speaker expressed the wish that the subject be again put before the Sub-Committee at its next meeting. Another speaker believed that an entire Sub-Committee session could appropriately be devoted to examining one of the conclusions on voluntary repatriation adopted by the Sub-Committee calling for the elaboration of a multilateral instrument on the subject. He hoped that the Sub-Committee would then be able to adopt a draft text for submission to Governments for their approval.
102. Several speakers stressed the need for the High Commissioner to be actively involved in programmes designed to help returnees. One speaker mentioned the situation in South-East Asia where there were still many refugees for whom resettlement no longer appeared to be feasible and for whom voluntary repatriation would be the only possible solution. He expressed his Government's continuing support for the High Commissioner's programme for assisting returnees in the Lao People's Democratic Republic and its willingness to support future returnee programmes.
103. A number of speakers emphasized the fundamental right of refugees to return to their places of origin. Several others stressed, however, that voluntary repatriation should be undertaken only when circumstances permitted, and, in this connection, stressed the importance of the removal of root causes of refugee movements. The observer of ICVA considered that, in certain circumstances, efforts to promote voluntary repatriation might be seen by refugees as coercion unless the circumstances which had led to their flight had changed. It was therefore essential that no voluntary repatriation efforts be undertaken until that condition was met and refugees should be involved, and their view reflected, in any discussions or decisions taken. He also believed that there was no need for a multilateral instrument on the subject and that a declaration by the Sub-Committee would be sufficient.
104. One speaker regretted that the conclusions of the Sub-Committee did not incorporate the recommendation of the San Remo Round Table that the High Commissioner, in promoting voluntary repatriation, be enabled to deal with any entity irrespective of its legal status.
105. Two speakers expressed their hope that the High Commissioner would consider favourably the appointment of a special representative or a regional Co-ordinator to promote voluntary repatriation and other solutions in South-East Asia. One of these speakers recalled that a recommendation to this effect had been included in a recent report of the Joint Inspection Unit (see A/40/135).
106. All speakers supported the conclusions proposed by the Sub-Committee on this item. A number of them felt that the conclusions would provide a good framework for the Office to play an active role in promoting voluntary repatriation and for it to have greater freedom of action, particularly as to the appointment of ad hoc consultative groups and the funding of returnee programmes.
107. In the discussions of the item on international protection and also in the general debate, emphasis was placed on the importance of the Office's efforts to promote and further strengthen international refugee law and the progress achieved in this field was welcomed. Some speakers expressed concern that, in its efforts to economize, UNHCR was proposing to reduce its budget in this vital area of its activity. The observer of ICVA expressed the concern of the voluntary agencies that in the proposed budget for 1986 a 25 per cent reduction was envisaged in the area of international protection. Mention was made with appreciation of various seminars of government officials and others concerned with refugees and organized by the Office in different parts of the world. This included the Colloquium on the International Protection of Refugees in Central America, Panama and Mexico, which was held under the auspices of the Government of Colombia at Cartagena, Colombia, in November 1984. Mention was also made of the valuable role played by the International Institute of Humanitarian Law in San Remo, Italy, in promoting the further development of international refugee law.
108. The importance of the work of the Sub-Committee of the Whole on International Protection in promoting standards and principles of the treatment of refugees was also underlined by a number of speakers. In the decade following its creation in 1975, the Sub-Committee had dealt with a wide range of problems concerning the protection of refugees and through its conclusions adopted on a variety of subjects had played a vital role in the elaboration of international standards for the protection of refugees. The observer of ICVA expressed the wish that non-governmental organizations be given the possibility of participating in the deliberations of the Sub-Committee.
109. In responding to the debate, the Director of International Protection thanked the representatives for their broad support of the conclusions recommended by the Sub-Committee for adoption by the Executive Committee on the subjects of refugee women, rescue at sea and voluntary repatriation. He also thanked representatives for the general support they had given to the various protection activities of the High Commissioner and felt that that support was essential in order to carry on the difficult task of international protection in the present atmosphere of restrictive attitudes on the part of a number of Governments towards accommodating refugees in their territories. The Office was guided by the universally accepted principles of international protection and made no distinction between countries in different parts of the world when seeking to protect refugees and asylum-seekers. It as essential for the office to maintain an objective attitude so that it could not be accused of having different standards for different countries.
110. On the subject of irregular movements, he felt that there was a broad consensus on the conclusions of the Sub-Committee on the matter and hoped that the reservation of one delegation on two points in the conclusions would be overcome in time and that the conclusions would be adopted as a whole at the end of the session.
111. On the subject of military attacks, the High Commissioner had always denounced such attacks on refugee camps and settlements assisted by UNHCR wherever they occurred and would continue to do so. It was the constant endeavour of the Office to maintain the civilian and humanitarian character of all refugee camps and settlements and to that end it was important to ensure access of UNHCR to them.
112. On the question of definition of the term "refugee", on which a number of representatives had expressed opinions, the Director of International Protection stated that UNHCR had never taken the view that persons who would be in serious danger if they were to return to their country of origin because of serious internal upheavals or armed conflict should have the same status as refugees within the meaning of the 1951 Convention and the 1967 Protocol. The Office's position was that such persons should be protected against forcible return and given an appropriate legal status corresponding to their particular situation and needs. This had been made clear in paragraph 6 of the note on international protection (A/AC.96/660).
113. Commenting on another point raised during the debate, the Director of International Protection stated that there was no doubt that the principle of non-refoulement was applicable not only to refugees as defined by the 1951 Convention and the 1967 Protocol but also to the broader categories which fell under the High Commissioner's extended mandate. This was evident from various General Assembly resolutions, the 1969 OAU Refugee Convention, the practice of States and Conclusion No. 22 (XXXII) adopted by the Executive Committee at its thirty-second session.
114. At the close of the discussion, the Executive Committee adopted the following conclusions which included those recommended by the Sub-Committee of the Whole on International Protection.
115. Conclusions of the Committee:
(1) General
The Executive Committee:
(a) Recognized the crucial importance of the High Commissioner's international protection function, the exercise of which had become increasingly difficult owing to the growing complexity of present-day refugee problems;
(b) Reiterated that the High Commissioner's international protection function can only be effectively carried out with the full support of Governments; of particular importance is the provision of durable solutions by Governments in co-operation with the High Commissioner;
(c) Noted with satisfaction the progress achieved in the further development of international refugee law and the strengthening of internationally recognized standards for the treatment of refugees;
(d) Welcomed the fact that a large number of States had now acceded to the 1951 United Nations Convention relating to the Status of Refugees and the 1967 Protocol and expressed the hope that additional States would accede to those instruments in the near future, thereby strengthening the framework of international solidarity and burden-sharing of which those instruments are an integral part;
(e) Welcomed the fact that one country had recently withdrawn the geographical limitation in respect of its obligations under the 1951 Refugee Convention and that the question of such withdrawal was being given favourable consideration by another country; recommended consideration of the withdrawal of the geographical limitation by those States that still maintained it;
(f) Noted with serious concern that despite the development and further strengthening of established standards for the treatment of refugees, the basic rights of refugees in different areas of the world had continued to be disregarded and that in particular refugees were being exposed to pirate attacks, other acts of violence, military and armed attacks, arbitrary detention and refoulement;
(g) Noted that the General Assembly had by consensus adopted resolution 39/140, of which paragraph 3 related to military and armed attacks on refugee camps and settlements;
(h) Stressed the importance of the question of military and Armed attacks on refugee camps and settlements being kept under constant review by the Executive Committee and requested the Chairman to continue consultations on the matter;
(i) Welcomed the fact that States in many parts of the world, including States confronted with economic and developmental difficulties, continued to grant asylum to large numbers of refugees;
(j) Noted with concern the growing phenomenon of refugees and asylum-seekers who, having found protection in one country, moved in an irregular manner to another country, and expressed the hope that the problem that that represented could be mitigated through the adoption of global solutions in a spirit of international co-operation and burden-sharing, and requested the High Commissioner to continue consultations with a view to reaching agreement on the matter;
(k) Welcomed the convening by the High Commissioner in May 1985 of the Consultations on the Arrivals of Asylum-Seekers and Refugees in Europe;
(l) Reaffirmed the importance of creating a deeper understanding in the public mind of the special plight of refugees in order to facilitate the exercise of the High Commissioner's international protection function;
(m) Reiterated the importance of the Office's continued efforts to promote the development and strengthening of international refugee law, in particular through its co-operation with the International Institute of Humanitarian Law in San Remo, Italy.
(2) Central American refugees and the Cartagena Declaration on Refugees:
The Executive Committee
(a) Recognized the complexity and gravity of the refugee situation in the Central American region, which had recently received special attention)
(b) Acknowledged the provisions relating to refugees in the Contadora Act for Peace and Co-operation in Central America;
(c) Noted with interest the Cartagena Declaration on Refugees, embodying the conclusions of the Colloquium entitled "International Protection of Refugees in Central America, Mexico and Panama: Juridical and Humanitarian Problems", held at Cartagena, Colombia, from 19 to 22 November 1984, under the auspices of the Government of Colombia;
(d) Welcomed the use of regional approaches in resolving refugee problems of regional scope, as amply demonstrated by the Colloquium.
(3) Rescue of asylum-seekers in distress at sea
The Executive Committee:
(a) Reaffirmed the fundamental obligation under international law for shipmasters to rescue all persons, including asylum-seekers, in distress at sea;
(b) Recalled the conclusions adopted by the Executive Committee at previous sessions recognizing the need to promote measures to facilitate the rescue of asylum-seekers in distress at sea;
(c) Expressed satisfaction that the rescue of asylum-seekers in distress at sea had increased significantly in 1985, but at the same time expressed concern that many ships continued to ignore asylum-seekers in distress at sea;
(d) Welcomed the fact that the provision of an appropriate number of resettlement places had made it possible for the Rescue at Sea Resettlement Offers (RASRO) scheme to commence on a trial basis as from may 1985;
(e) Welcomed the wide-ranging initiatives undertaken by UNHCR to promote the rescue of asylum-seekers in distress at sea and the support given to these initiatives by States; (f) Strongly recommended that States maintain their support of UNHCR action in this area and, in particular, that they:
(i) Join or renew contributions to the DISERO (Disembarkation Resettlement Offers) and to the RASRO schemes, or to either of them, as soon as Possible;
(ii) Request shipowners to inform all shipmasters in the South China Sea of their responsibility to rescue all asylum-seekers in distress at sea.
(4) Refugee women and international protection
The Executive Committee:
(a) Welcomed the initiative of the Office in organizing the Round Table on Refugee Women, held at Geneva in April 1985;
(b) Welcomed also the recommendations regarding the situation of refugee and displaced women adopted by the World Conference to Review and Appraise the Achievements of the United Nations Decade for Women: Equality, Development and Peace, held at Nairobi from 15 to 26 July 1985;
(c) Noted that refugee women and girls constituted the majority of the world refugee population and that many of them were exposed to special problems in the international protection field;
(d) Recognized that those problems resulted from their vulnerable situation which frequently exposed them to physical violence, sexual abuse and discrimination;
(e) Stressed the need for such problems to receive the urgent attention of Governments and of UNHCR and for all appropriate measures to be taken to guarantee that refugee women and girls were protected from violence or threats to their physical safety or exposure to sexual abuse or harassment;
(f) Noted with satisfaction the measures already undertaken by UNHCR to address the protection problems of refugee women and to ensure that they were adequately protected;
(g) Called upon States to continue to support UNHCR programmes established with a view to securing protection for refugee women and UNHCR assistance programmes for refugee women, especially those aimed at helping refugee women become self-sufficient through educational and income-generating projects;
(h) Recommended that States, individually, jointly and in co-operation with UNHCR, redefine and reorient existing programmes and, where necessary, establish new programmes to meet the specific problems of refugee women, in particular to ensure the safeguard of their physical integrity and safety and their equality of treatment. Women refugees should participate in the formulation and implementation of such programmes;
(i) Stressed the importance of a more detailed knowledge and understanding of the special needs and problems of refugee women in the international protection field and of gathering statistical, sociological and other data concerning refugee women and girls in order to identify and implement appropriate mechanisms to ensure their effective protection;
(j) Requested the High Commissioner to report regularly to members of the Executive Committee on the needs of refugee women and on existing and proposed programmes for their benefit;
(k) Recognized that States, in the exercise of their sovereignty, were free to adopt the interpretation that women asylum-seekers who faced harsh or inhuman treatment due to their having transgressed the social mores of the society in which they lived may be considered as a 'particular social group" within the meaning of article 1 A, paragraph 2, of the 1951 United Nations Convention relating to the Status of Refugees.
(5) Voluntary repatriation
The Executive Committee, reaffirming the significance of its 1980 conclusion on voluntary repatriation [7] as reflecting basic principles of international law and practice, adopted the following further conclusions on this matter:
(a) The basic rights of persons to return voluntarily to the country of origin is reaffirmed and it is urged that international co-operation be aimed at achieving this solution and should be further developed;
(b) The repatriation of refugees should only take place at their freely expressed wish; the voluntary and individual character of repatriation of refugees and the need for it to be carried out under conditions of absolute safety, preferably to the place of residence of the refugee in his country of origin, should always be respected;
(c) The aspect of causes is critical to the issue of solution and international efforts should also be directed to the removal of the causes of refugee movements. Further attention should be given to the causes and prevention of such movements, including the co-ordination of efforts currently being pursued by the international community and, in particular, within the United Nations. An essential condition for the prevention of refugee flows is sufficient political will by the States directly concerned to address the causes which are at the origin of refugee movements;
(d) The responsibilities of States towards their nationals and the obligations of other States to promote voluntary repatriation must be upheld by the international community. International action in favour of voluntary repatriation, whether at the universal or regional level, should receive the full support and co-operation of all States directly concerned. Promotion of voluntary repatriation as a solution to refugee problems similarly requires the political will of States directly concerned to create conditions conducive to this solution. This is the primary responsibility of States;
(e) The existing mandate of the High Commissioner is sufficient to allow him to promote voluntary repatriation by taking initiatives to this end, promoting dialogue between all the main parties, facilitating communication between them, and acting as an intermediary or channel of communication. It is important that he establish, whenever possible, contact with all the main parties and acquaint himself with their points of view. From the outset of a refugee situation, the High Commissioner should at all times keep the possibility of voluntary repatriation for all or for part of a group under active review and the High Commissioner, whenever he deems that the prevailing circumstances are appropriate, should actively pursue the promotion of this solution;
(f) The humanitarian concerns of the High Commissioner should be recognized and respected by all parties and he should receive full support in his efforts to carry out his humanitarian mandate in providing international protection to refugees and in seeking a solution to refugee problems; (g) On all occasions the High Commissioner should be fully involved from the outset in assessing the feasibility and, thereafter, in both the planning and implementation stages of repatriation;
(h) The importance of spontaneous return to the country of origin is recognized and it is considered that action to promote organized voluntary repatriation should not create obstacles to the spontaneous return of refugees. Interested States should make all efforts, including the provision of assistance in the country of origin, to encourage this movement whenever it is deemed to be in the interests of the refugees concerned;
(i) When, in the opinion of the High Commissioner, a serious problem exists in the promotion of voluntary repatriation of a particular refugee group, he may consider for that particular problem the establishment of an informal ad hoc consultative group which would be appointed by him in consultation with the Chairman and the other members of the bureau of his Executive Committee. Such a group may, if necessary, include States that are not members of the Executive Committee and should in principle include the countries directly concerned. The High Commissioner may also consider invoking the assistance of other competent United Nations bodies;
(j) The practice of establishing tripartite commissions is well adapted to facilitating voluntary repatriation. The tripartite commission, which should consist of the countries of origin and of asylum and UNHCR, could concern itself with both the joint planning and the implementation of a repatriation programme. It is also an effective means of securing consultations between the main parties concerned on any problems that might subsequently arise;
(k) International action to promote voluntary repatriation requires consideration of the situation within the country of origin as well as within the receiving country. Assistance for the reintegration of returnees provided by the international community in the country of origin is recognized as an important factor in promoting repatriation. To this end, UNHCR and other United Nations agencies as appropriate should have funds readily available to assist returnees in the various stages of their integration and rehabilitation in their country of origin;
(l) The High Commissioner should be recognized as having a legitimate concern for the consequences of return, particularly where such return has been brought about as a result of an-amnesty or other form of guarantee. The High Commissioner must be regarded as entitled to insist on his legitimate concern over the outcome of any return that he has assisted. Within the framework of close consultations with the State concerned, he should be given direct and unhindered access to returnees so that he is in a position to monitor fulfilment of the amnesties guarantees or assurances on the basis of which the refugees have returned. This should be considered as inherent in his mandate;
(m) Consideration should be given to the further elaboration of an instrument reflecting all existing principles and guidelines relating to voluntary repatriation for acceptance by the international community as a whole.
V. STATUS OF CONTRIBUTIONS AND OVERALL FINANCIAL REQUIREMENTS FOR 1985 AND 1986 (Item 7 of the agenda)
116. The Director of External Affairs introduced the item by referring to the discussion of the financial crisis of the General Programmes which had taken place in the Sub-Committee on Administrative and Financial Matters. It had been fully agreed that all concerned must act together in pursuit of economy and cost-effectiveness and to find the funding required.
117. The Director pointed out that UNHCR had alerted the Executive Committee in October 1984 to the growing problem of funding the General Programmes. However, it was important to emphasize that the present crisis was not caused by lack of goodwill towards refugees. Total 1985 contributions for all UNHCR programmes were, in fact, 24 per cent higher than at the same time in 1984. Donor response in overall terms in 1985 had been very generous. The problem was one of limited resources trying to meet massive unforeseen needs. In that situation, UNHCR General Programmes - which were the first priority of UNHCR and of the Executive Committee - had been overshadowed and the necessity to finance them had been obscured by emergency needs. Taking into account all income, including contributions announced at the current session of the Executive Committee, total funds available on 11 October 1985 for the 1985 General Programmes amounted to $279 million leaving a shortfall of $40 million. UNHCR hoped that, with further additional contributions and savings generated from the current programme review, it would be possible to continue the 1985 General Programmes at a reasonable level. The Executive Committee would be kept informed of the situation.
118. If present circumstances continued, the 1986 General Programmes would be in an even worse position than the 1985 programmes. There would be little or no funds to carry over into 1986 to begin the new General Programmes on 1 January 1986. The 1986 General Programmes requirement of $330 million would, moreover, need to be funded almost exclusively by contributions in 1986 since other sources of income were drying up and would be minimal in 1986.
119. It was necessary to try to establish a more secure base of financing for UNHCR General Programmes, which were the absolute first priority of UNHCR in terms of fulfilment of its mandate.
120. UNHCR and implementing partners would try to achieve greater economy and cost-effectiveness. UNHCR was already attempting to develop new sources of contributions. However, the annual Pledging Conference produced only one third of the General Programmes requirements in any given year. The balance of General Programmes contributions (usually some $200 million) had to be negotiated in the course of the year, from budgets which were not specifically reserved for UNHCR and which were vulnerable to diversion or reduction. Such tenuous arrangements should not form the basis of the bulk of General Programmes financing.
121. The Director, therefore, appealed to donors to reserve, from the start of the fiscal year, higher levels of contributions to UNHCR General Programmes to give those programmes the secure funding base they required because of their priority importance.
122. The Director hoped that UNHCR could struggle through the rest of 1985. He appealed strongly for greatly increased contributions and early payments to be announced to UNHCR General Programmes at the Pledging Conference to be held in New York on 15 November 1985.
123. Without the funds required for the General Programmes, UNHCR could not be expected to fulfil its mandate.
Decisions of the Committee
124. The Executive Committee:
(a) Took note of the report submitted by the High Commissioner on the status of contributions to UNHCR voluntary funds and the overall financial requirements for 1985 and 1986 (A/AC.96/659 and Corr.1) and of the detailed discussion by the Sub-Committee on Administrative and Financial Matters of the financial crisis concerning the UNHCR General Programmes;
(b) Expressed great appreciation for the generosity of all donors who had contributed to the 1985 programmes of UNHCR, both in terms of the General Programmes and of Special Programmes such as the African emergency;
(c) Expressed its deep concern at the critical funding situation affecting the General Programmes both in 1985 and in the foreseeable future;
(d) Reaffirmed the primary importance of the General Programmes for the fulfilment by UNHCR of its mandate;
(e) Urged UNHCR, asylum countries and implementing agencies to strengthen their efforts in pursuit of economy and cost-effectiveness;
(f) Requested and encouraged UNHCR to pursue all appropriate means such as appeals and the negotiation of contributions from both governmental and private sectors to obtain the necessary resources to ensure full financing of the programmes;
(g) Urged donors, especially Governments, to recognize the primary importance of the General Programmes and to allocate or reserve, as a matter of priority, higher levels of contributions specifically for the UNHCR General Programmes in order to create a more secure base of financing for those programmes;
(h) Recognized that implementation of the 1986 General Programmes would depend almost entirely on income from contributions and that a substantial proportion of the funds required, which amounted to $330,410,000, should be available to UNHCR at the beginning of the programme year in January 1986 and, to that end, urg