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UNHCR EXCOM CONCLUSIONS No. 22



UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES (UNHCR)
EXECUTIVE COMMITTEE (EXCOM) 
 
Conclusions - No. 22 (XXXII) - 1981 
 
 
PROTECTION OF ASYLUM-SEEKERS IN SITUATIONS OF LARGE-SCALE
INFLUX
 
 
The Executive Committee,
 
Noting with appreciation the report of the Group of Experts on
temporary refuge in situations of large-scale influx, which
met in Geneva from 21-24 April 1981, adopted the following
conclusions in regard to the protection of asylum seekers in
situations of large-scale influx.
 
 
I. General
 
1.   The refugee problem has become particularly acute due to
the increasing number of large-scale influx situations in
different areas of the world and especially in developing
countries. The asylum seekers forming part of these large-
scale influxes include persons who are refugees within the
meaning of the 1951 United Nations Convention and the 1967
Protocol relating to the Status of Refugees or who, owing to
external aggression, occupation, foreign domination or events
seriously disturbing public order in either part of, or the
whole of their country of origin or nationality are compelled
to seek refuge outside that country.
 
2.   Asylum seekers forming part of such large-scale influx
situations are often confronted with difficulties in finding
durable solutions by way of voluntary repatriation, local
settlement or resettlement in a third country. Large-scale
influxes frequently create serious problems for States, with
the result that certain States, although committed to
obtaining durable solutions, have only found it possible to
admit asylum seekers without undertaking at the time of
admission to provide permanent settlement of such persons
within their borders.
 
3.   It is therefore imperative to ensure that asylum seekers
are fully protected in large-scale influx situations, to
reaffirm the basic minimum standards for their treatment
pending arrangements for a durable solution, and to establish
effective arrangements in the context of international
solidarity and burden-sharing for assisting countries which
receive large numbers of asylum seekers.
 
 
II Measures of protection
 
A.   Admission and non-refoulement
 
1.   In situations of large-scale influx, asylum seekers
should be admitted to the State in which they first seek
refuge and if that State is unable to admit them on a durable
basis, it should always admit them at least on a temporary
basis and provide them with protection according to the
principles set out below. They should be admitted without any
discrimination as to race, religion, political opinion,
nationality, country of origin or physical incapacity.
 
2.   In all cases the fundamental principle of non-refoulement
including non-rejection at the frontier must be scrupulously
observed.
 
 
B.   Treatment of asylum seekers who have been temporarily
admitted to country pending arrangements for a durable
solution
 
1.   Article 31 of the 1951 United Nations Convention relating
to the Status of Refugees contains provisions regarding the
treatment of refugees who have entered a country without
authorization and whose situation in that country has not yet
been regularized.  The standards defined in this Article do
not, however, cover all aspects of the treatment of asylum
seekers in large-scale influx situations.
 
2.   It is therefore essential that asylum seekers who have
been temporarily admitted pending arrangements for a durable
solution should be treated in accordance with the following
minimum basic human standards:
 
(a)  they should not be penalized or exposed to any
unfavourable treatment solely on the ground that their
presence in the country is considered unlawful; they should
not be subjected to restrictions on their movements other than
those which are necessary in the interest of public health and
public order;
 
(b)  they should enjoy the fundamental civil rights
internationally recognized, in particular those set out in the
Universal Declaration of Human Rights;
 
(c)  they should receive all necessary assistance and be
provided with the basic necessities of life including food,
shelter and basic sanitary and health facilities; in this
respect the international community should conform with the
principles of international solidarity and burden-sharing;
 
(d)  they should be treated as persons whose tragic plight
requires special understanding and sympathy.  They should not
be subjected to cruel, inhuman or degrading treatment;
 
(e)  there should be no discrimination on the grounds of race,
religion, political opinion, nationality, country of origin or
physical incapacity;
(f)  they are to be considered as persons before the law,
enjoying free access to courts of law and other competent
administrative authorities;
 
(g)  the location of asylum seekers should be determined by
their safety and well-being as well as by the security needs
of the receiving State. Asylum seekers should, as far as
possible, be located at a reasonable distance from the
frontier of their country of origin.  They should not become
involved in subversive activities against their country of
origin or any other State;
 
(h)  family unity should be respected;
 
(i)  all possible assistance should be given for the tracing
of relatives;
 
(j)  adequate provision should be made for the protection of
minors and unaccompanied children;
 
(k)  the sending and receiving of mail should be allowed;
 
(l)  material assistance from friends or relatives should be
permitted;
 
(m)  appropriate arrangements should be made, where possible,
for the registration of births, deaths and marriages;
 
(n)  they should be granted all the necessary facilities to
enable them to obtain a satisfactory durable solution;
 
(o)  they should be permitted to transfer assets which they
have brought into a territory to the country where the durable
solution is obtained; and
 
(p)  all steps should be taken to facilitate voluntary
repatriation.
 
 
 
III. Co-operation with the Office of the United Nations High
Commissioner for Refugees
 
Asylum seekers shall be entitled to contact the Office of
UNHCR. UNHCR shall be given access to asylum seekers.  UNHCR
shall also be given the possibility of exercising its function
of international protection and shall be allowed to supervise
the well-being of persons entering reception or other refugee
centres.
 
 
IV.  International solidarity, burden-sharing and duties of
States
 
(1)  A mass influx may place unduly heavy burdens on certain
countries; a satisfactory solution of a problem, international
in scope and nature, cannot be achieved without international
co-operation.  States shall, within the framework of
international solidarity and burden-sharing, take all
necessary measures to assist, at their request, States which
have admitted asylum seekers in large-scale influx situations.
 
(2)  Such action should be taken bilaterally or multilaterally
at the regional or at the universal levels and in co-operation
with UNHCR, as appropriate.  Primary consideration should be
given to the possibility of finding suitable solutions within
the regional context.
 
(3)  Action with a view to burden-sharing should be directed
towards facilitating voluntary repatriation, promoting local
settlement in the receiving country, providing resettlement
possibilities in third countries, as appropriate.
 
(4)  The measures to be taken within the context of such
burden-sharing arrangements should be adapted to the
particular situation.  They should include, as necessary,
emergency, financial and technical assistance, assistance in
kind and advance pledging of further financial or other
assistance beyond the emergency phase until durable solutions
are found, and where voluntary repatriation or local
settlement cannot be envisaged, the provision for asylum
seekers of resettlement possibilities in a cultural
environment appropriate for their well-being.
 
(5)  Consideration should be given to the strengthening of
existing mechanisms and, if appropriate, the setting up of new
arrangements, if possible on a permanent basis, to ensure that
the necessary funds and other material and technical
assistance are immediately made available.
 
(6)  In a spirit of international solidarity, Governments
should also seek to ensure that the causes leading to
large-scale influxes of asylum seekers are as far as possible
removed and, where such influxes have occurred, that
conditions favourable to voluntary repatriation are
established.