Office of the United Nations High Commissioner for Refugees: resolution / adopted by the General Assembly

A/RES/44/137

The General Assembly,

Having considered the report of the United Nations High Commissioner for Refugees on the activities of his Office, as well as the report of the Executive Committee of the Programme of the High Commissioner on the work of its fortieth session, and having heard the statements made by the Officer-in-Charge of the Office of the High Commissioner on 15 and 17 November 1989,

Recalling its resolution 43/117 of 8 December 1988,

Reaffirming the purely humanitarian and non-political character of the activities of the Office of the High Commissioner, as well as the fundamental importance of the High Commissioner's protection function and the need for States to co-operate with the High Commissioner in the exercise of this primary and essential function,

Noting with satisfaction that, following recent accessions, one hundred and six States are now parties to the 1951 Convention and the 1967 Protocol relating to the Status of Refugees,

Noting with concern that, despite developments that offer hope for solutions to refugee problems, refugees and displaced persons of concern to the Office of the High Commissioner continue to face, in certain situations, distressingly serious problems, including problems of protection as a result of expulsion and refoulement of refugees, their unjustified detention and measures that do not recognize their special situation,

Particularly concerned that in various regions the safety and welfare of refugees and asylum-seekers are seriously undermined on account of military or armed attacks, forced recruitment of refugees into armed forces and other forms of violence, and noting that further efforts should be made to ensure rescue and disembarkation of asylum-seekers in distress at sea and, in this context, noting also the problems relating to stowaway asylum-seekers,

Noting the efforts of the Office of the High Commissioner to continue to address the special problems and needs of refugee and displaced women and children, who in many cases are exposed to a variety of difficult situations affecting their physical and legal protection as well as their psychological and material well-being,

Emphasizing the need for States to assist, on as wide a basis as possible, the efforts of the Office of the High Commissioner in its search for durable and timely solutions to the problems of refugees based on new approaches that meet current realities and at the same time respect the basic principles and concerns of protection,

Realizing in this context that voluntary repatriation or return remains the most desirable solution to the problems facing refugees and displaced persons of concern to the Office of the High Commissioner, and welcoming the fact that it has been possible for significant numbers of them to return voluntarily to their country of origin,

Recognizing that the promotion of fundamental human rights is essential to the achievement of self-sufficiency and family security for refugees, as well as to the process of re-establishing the dignity of the human person and realizing durable solutions to refugee problems,

Deeply concerned about the unprecedented financial crisis that the Office of the High Commissioner is currently facing,

Aware that the application of the principle of international solidarity and the search for durable solutions imply a better sharing of responsibilities and arrangements among all the agencies of the United Nations system and other concerned organizations, both governmental and non-governmental for the implementation and the financing of related activities,

Recognizing that durable solutions for refugees in developing countries can, in many cases, be achieved through a development-oriented approach and that the heavy burden placed on a host country as a result of growing influxes of refugees requires sufficient resources to redress the negative impact and the strain on its socio-economic infrastructure in rural and urban areas, and emphasizing the need to ensure the compatibility of refugee aid and national development plans of developing asylum countries,

Welcoming the conclusions and decisions on refugee aid and development adopted by the Executive Committee of the Programme of the High Commissioner at its fortieth session, in particular the request to the Office of the High Commissioner to continue its catalytic role in the area of refugee aid and development,

Commending those States which, despite severe economic and development problems of their own, continue to admit large numbers of refugees and displaced persons of concern to the Office of the High Commissioner into their territories, and emphasizing the need to share the burden of these States to the maximum extent possible through international assistance,

Emphasizing the need for close co-operation between the Office of the High Commissioner and relevant agencies of the United Nations system and other international organizations, both intergovernmental and non-governmental, in devising and implementing specific elements of development assistance for solving problems of refugees, returnees and areas hosting them,

Stressing the need for the international community to continue to provide adequate resettlement opportunities for those refugees for whom no other durable solution may be in sight, with particular attention being paid to those refugees who have spent an inordinately long period of time in camps and to individuals facing urgent or emergency protection situations,

Welcoming the valuable support extended by Governments to the Office of the High Commissioner in the performance of its humanitarian tasks, and recognizing the need for continuing and increasing co-operation between the Office of the High Commissioner and other bodies of the United Nations system and with intergovernmental and non-governmental organizations,

Noting the efforts of the Office of the High Commissioner, in co-operation with the Executive Committee of the Programme of the High Commissioner, including the establishment of a Working Group, to improve the efficiency and effectiveness of the Office, and the need to further strengthen field activities and responsibilities,

Commending the Office of the High Commissioner and its staff for the dedicated manner in which they discharge their responsibilities, and paying tribute to those staff members who have endangered their lives in the course of their duties,

1. Strongly reaffirms the fundamental nature of the function of the United Nations High Commissioner for Refugees to provide international protection and the need for States to co-operate fully with his Office in the fulfilment of this function, in particular by acceding to and fully and effectively implementing the relevant international and regional refugee instruments;

2. Endorses the conclusions on the implementation of the 1951 Convention and the 1967 Protocol relating to the Status of Refugees, adopted by the Executive Committee of the Programme of the High Commissioner at its fortieth session;

3. Calls upon all States to refrain from measures that jeopardize the institution of asylum, in particular the return or expulsion of refugees and asylum-seekers contrary to fundamental prohibitions against these practices, and urges States to continue to admit and receive refugees pending identification of their status and of appropriate solutions to their plight;

4. Urges all States to establish quick and effective procedures for determining refugee status and granting asylum in accordance with internationally accepted criteria and appropriate legal guarantees, in order to deal expeditiously with manifestly unfounded claims and to protect refugees and asylum-seekers from unjustified or unduly prolonged detention or stay in camps;

5. Notes with deep concern, in this context, that large numbers of refugees and asylum-seekers in different areas of the world are currently subject to detention or similar restrictive measures by reason of their illegal entry or presence in search of asylum, pending resolution of their situation, and reiterates the conclusions on detention adopted by the Executive Committee of the Programme of the High Commissioner at its thirty-seventh session, which set out the grounds for detention of such persons;

6. Condemns violations of the rights and safety of refugees and asylum-seekers, in particular those perpetrated by military or armed attacks against refugee camps and settlements, forced recruitment into armed forces and other forms of violence;

7. Notes the accomplishments of the Office of the High Commissioner in the promotion and dissemination of refugee law, including, in particular, the organization of training courses on protection directed towards government and other concerned officials, and urges the Office to pursue its activities in this regard, making every effort to ensure that such protection training courses continue on a significant scale;

8. Endorses the conclusions on refugee children adopted by the Executive Committee of the Programme of the High Commissioner at its fortieth session, in particular on the development and dissemination of the "Guidelines on Refugee Children" and the implementation of a work plan concerning refugee children that requires the active co-operation and collaboration of Governments, United Nations bodies, among them the United Nations Children's Fund, and non-governmental organizations with the Office of the High Commissioner;

9. Endorses the conclusions on refugee women adopted by the Executive Committee of the Programme of the High Commissioner at its fortieth session, in which, in particular, the Executive Committee recognized the need to facilitate the participatory role of refugee women and the need for a policy framework and organizational work plan for the implementation of the next stages of bringing issues concerning refugee women into the mainstream of the activities of the Office of the High Commissioner;

10. Endorses the conclusions on durable solutions and refugee protection adopted by the Executive Committee of the Programme of the High Commissioner at its fortieth session, in which the Executive Committee recognized the need for the active promotion of solutions by the international community and by countries of origin, asylum and resettlement, in accordance with their respective obligations and responsibilities and the desirability of prevention through, inter alia, the observance of human rights, as the best solution;

11. Recognizes the importance of attaining durable solutions to refugee problems and, in particular, the need to address in this process the root causes of refugee movements in order to avert new flows of refugees and to facilitate the solution of existing problems;

12. Approves the decision entitled, "Sharing of responsibilities for operational activities relating to refugees", adopted by the Executive Committee of the Programme of the High Commissioner at its fortieth session and invites the agencies of the United Nations system as well as all other relevant international organizations, both governmental and non-governmental, to establish as soon as possible specific mechanisms of co-operation to assure an agreed division of responsibilities and arrangements for the financing of these activities, while preserving the specific mandate of the High Commissioner to provide protection;

13. Urges the member States of relevant bodies to ensure that their delegates to such bodies as the Development Assistance Committee of the Organisation for Economic Co-operation and Development, the World Bank and regional development banks and multilateral agencies such as the United Nations Development Programme and the International Fund for Agricultural Development are made aware of the refugee-related conclusions of the Executive Committee of the Programme of the High Commissioner at its fortieth session and urges them to use their good offices to ensure the adoption of policies and the establishment of mechanisms, both institutional and financial, that will provide for co-ordinated and expeditious implementation of development initiatives related to refugees and returnees;

14. Notes with appreciation the ongoing work being done by the Office of the High Commissioner to put into practice the concept of development-oriented assistance to refugees and returnees, as initiated at the Second International Conference on Assistance to Refugees in Africa and reaffirmed in the Oslo Declaration and Plan of Action adopted by the International Conference on the Plight of Refugees, Returnees and Displaced Persons in Southern Africa, as well as in the Declaration and Concerted Plan of Action in favour of Central American Refugees, Repatriates and Displaced Persons adopted by the International Conference on Central American Refugees, held at Guatemala City from 29 to 31 May 1989, urges the Office to continue that process wherever appropriate, in full co-operation with appropriate international agencies, and urges Governments to support these efforts, being fully aware of the catalytic role of the Office of the High Commissioner;

15. Recognizes the importance of the International Conference on Indo-Chinese Refugees, held at Geneva on 13 and 14 June 1989 and the Comprehensive Plan of Action adopted at that Conference, as well as the International Conference on Central American Refugees, and the Concerted Plan of Action in favour of Central American Refugees, Repatriates and Displaced Persons;

16. Urges all States to support the Office of the High Commissioner in its search for durable solutions to the problem of refugees and displaced persons of concern to the Office, primarily through voluntary repatriation or return with assistance to returnees as appropriate, and, wherever appropriate, through integration into countries of asylum or through resettlement in third countries;

17. Expresses its deep appreciation for the valuable material and humanitarian response of receiving countries, in particular those developing countries which, despite limited resources, continue to admit, on a permanent or temporary basis, large numbers of refugees and asylum-seekers;

18. Urges the international community, in accordance with the principle of international solidarity and in the spirit of burden-sharing, to assist the countries referred to in paragraph 17 of the present resolution in order to enable them to cope with the additional burden that the care for refugees and asylum-seekers represents;

19. Endorses the conclusions and decisions on assistance activities adopted by the Executive Committee of the Programme of the High Commissioner at its fortieth session, which reflect the gravity of the financial crisis that the Office of the High Commissioner is facing at present;

20. Calls upon all Governments to contribute to the High Commissioner's programmes and, taking into account the need to achieve greater burden-sharing among donors, to assist the High Commissioner in securing additional income from traditional governmental sources, other Governments and the private sector in order to ensure that the needs of refugees, returnees and displaced persons of concern to the Office of the High Commissioner are met.