Refugees and Stateless Persons: United States of America: Draft Resolution

A/C.3/L.28

The General Assembly

Having examined resolution No. 248 (IX), part 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;

1. Decides to establish by 1 January 1951 the Office of High Commissioner for Refugees;

2. Decides that the Office of High Commissioner for Refugees shall

(a) be so organized within the framework of the United Nations as to possess the degree of independence and the prestige required for the effective performance of the High Commissioner's duties;

(b) function until 31 December 1953, unless otherwise decided by the General Assembly before that date;

(c) be financed under budget of the United Nations;

and

(d) receive policy directions from the General Assembly and the Economic and Social Council;

3. Considers that means should be provided whereby interested Governments non-members of the United Nations may be associated with the work of the Office of the High Commissioner;

4. Decides that the persons falling under the competence of the Office of the High Commissioner for Refugees shall be those defined in annex I of the Constitution of the International Refugee Organization;

5. Decides that the High Commissioner's duties shall be as follows:

(a) to provide for the protection of refugees and displaced persons falling under the competence of the Office;

(b) to promote the conclusion and ratification of international conventions providing for the protection of refugees and to supervise the application of the provisions of such conventions, and to propose any necessary amendments thereto;

(c) to promote through special agreements with Governments the execution of any measures calculated to improve the situation of refugees and to reduce the numbers of refugees requiring protection;

(d) to assist Government and private organizations in their efforts to promote voluntary repatriation of refugees or their assimilation in national communities;

(e) to facilitate the co-ordination of the efforts of voluntary agencies concerned with the welfare of refugees;

6. Decides that the High Commissioner shall report to the General Assembly annually on his work through the Economic and Social Council and at such other times as the Economic and Social Council may request;

7. Decides that the High Commissioner in the performance of his duties.

(a) shall keep in close touch with the Governments concerned and the competent official bodies;

(b) shall establish contact in such manner as he may think best with private organizations dealing with refugee question;

8. Decides that

(a) the High Commissioner shall be appointed by the Secretary-General of the United Nations for three years from 1 January 1951;

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

(c) the High Commissioner shall consult the Governments of the principal countries of refuge as to the need for appointing representatives therein. Should they agree, he may appoint to those countries representatives approved by them;

(d) the Office of High Commissioner shall be located in Geneva, Switzerland;

9. Requests the Secretary-General

(a) to prepare a detailed draft resolution for the establishment of this Office describing its functions and organization in accordance with the provisions of this resolution;

(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;

(c) to circulate this draft resolution together with such explanations as he may deem appropriate to Governments by 15 February 1951, for comment;

(d) to submit to the Economic and Social Council at its eleventh session the draft resolution with such amendments thereto as he may deem appropriate together with such comments thereon as may have been received from Governments;

10. Requests the Economic and Social Council

(a) at its eleventh session to prepare a final draft of this resolution and to submit this draft to the General Assembly for consideration at its fifth regular session;

(b) to transmit to the General Assembly at its fifth regular session such recommendations as the Council may deem appropriate as to additional categories of refugees not defined in the Constitution of the International Refugee Organization which should become the concern of the Office of the High Commissioner for Refugees.