Refugees and Stateless Persons: France, USA: Draft resolution

A/C.3/L.29

A/C.3/L.29 13 November 1949 Refugees and Stateless Persons: France, USA: Draft resolution

THE GENERAL ASSEMBLY,

CONSIDERING that the problem of refugees is international in scope and nature and that its final solution can only be provided by the voluntary repatriation of the refugees or their assimilation within new national communities;

HAVING EXAMINED resolution 248 (IX) A of the Economic and Social Council dated 6 August 1949; the report of the Secretary-General of 26 October 1949 (A/C.3/527); and the communications dated 11 July (E/1392) and 20 October 1949 (A/C.3/528) from the General Council of the International Refugee Organization;

CONSIDERING that in its aforesaid resolution the Economic and Social Council requested the Governments of States Members of the United Nations and of other States, to provide the necessary legal protection for refugees who have been the concern of the IRO, and recommended to the General Assembly at its Fourth Session that it should decide the functions and organizational arrangements within the framework of the United Nations necessary for the international protection of refugees after the IRO terminates its activities;

1. DECIDES to establish as of 1 January 1951 a High Commissioner's Office for Refugees in accordance with the provisions of the annex to the present resolution;

2. REQUESTS the Secretary-General

(a) to prepare detailed draft provisions for the implementation of this resolution and the annex attached thereto, to circulate these draft provisions to Governments for comment, and to submit them to the Economic and Social Council at its eleventh session together with such comments thereon as may have been received from Governments;

(b) to prepare, in consultation with the Advisory Committee on Administrative and Budgetary Questions, a draft budget for the operation of the Office in 1951;

3. REQUESTS the Economic and Social Council

(a) to prepare at its eleventh session a draft resolution embodying provisions for the establishment of the Office of High Commissioner and to submit it to the General Assembly for consideration at its Fifth regular Session;

((France) (b) to transmit to the General Assembly at its Fifth regular Session such recommendations as the Council may deem appropriate regarding the definitions of the term "refugee" to be applied by the High Commissioner;

((USA) (b) to transmit to the General Assembly at its Fifth regular Session such recommendations as the Council may deem appropriate as to categories of refugees not defined in the constitution of the IRO which should become the concern of the Office of High Commissioner;)

4. DECIDES to review, not later than at its Eighth regular Session, the arrangements for the Office of High Commissioner with a view to determining whether the Office should be continued beyond 31 December 1953.

ANNEX

1. The Office of High Commissioner for Refugees should:

2. Means should be provided whereby interested Governments Non-members of the Untied Nations may be associated with the work of the Office of High Commissioner.

((France)

3. Pending the adoption by the General Assembly of new definitions for the term "refugee", the definitions contained in annex I of the constitution of the IRO should provisionally be applied by the High Commissioner.)

((USA)3, Persons falling under the competence of the Office of High Commissioner for Refugees should be refugees and displaced persons defined in annex I of the constitution of the IRO and such others as the General Assembly may from time to time determine.)

4. The High Commissioner, in order to promote, stimulate and facilitate the execution of the most suitable solution to the problems with which he is entrusted, should provide for the protection of refugees and displace persons falling under the competence of the Office by

(a) promoting the conclusion and ratification of international conventions providing for the protection of refugee, supervising the application of the provisions of such conventions, and proposing any necessary amendments thereto;

(b) promoting through special agreements with Governments the execution of any measures calculated to improve the situation of refugees and to reduce the numbers of refugees requesting protection;

(c) assisting Governments and private organizations in their efforts to promote voluntary repatriation of refugees or their assimilation within new national communities;

(d) facilitating the co-ordination of the efforts of voluntary agencies concerned with the welfare of refugees;

((France) (e) distributing among private and, as appropriate, official agencies which he deems best qualified to administer such assistance any funds, public or private, which he may receive for this purpose. The accounts relating to these funds should be periodically verified by the auditors of the United Nations. For the information of the General Assembly, the High Commissioner should include in his annual report a statement of his activities in this field.)

5. The High Commissioner should report to the General Assembly annually on his work through the Economic and Social Council and to Council at such other times as the Council may request.

6. The High Commissioner's work should be of an entirely non-political character and relate as a rule to groups and categories of refugees. In the performance of his duties, he should:

(a) keep in close touch with the Governments and inter-governmental organizations concerned and invite the assistance of the various specialized agencies ;

(b) establish contact in such manner as he may think best with private organizations dealing with refugee questions.

7. The High Commissioner should be ((France) elected by the Economic and Social Council on the nomination of the Secretary-General) ((USA) appointed by the Secretary-General) for a term of three years from 1 January 1951.

8. The High Commissioner should appoint for a period of three years a Deputy High Commissioner, who should not have the same nationality as the High Commissioner. He should also appoint under the regulations of the United Nations a small staff of persons devoted to the purposes of the Office to assist him.

9. The High Commissioner should consult the Government of the countries of residence of refugees as to the need for appointing representatives therein. In any country recognizing such need, he may appoint a representative approved by the Government of that country. Subject to the foregoing, the same representative may serve in more than one country.

10. The Office of High Commissioner should be located in Geneva.