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CONCLUSIONS ADOPTED BY THE EXECUTIVE ... - UNHCR

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The Executive Committee,<br />

1997 (Executive Committee—48 th Session)<br />

<strong>CONCLUSIONS</strong> <strong>ADOPTED</strong><br />

<strong>BY</strong> <strong>THE</strong> <strong>EXECUTIVE</strong> COMMITTEE<br />

ON INTERNATIONAL PROTECTION OF REFUGEES 1<br />

No. 81 (XLVII) GENERAL (1997)<br />

(a) Welcomes the fact that despite the increasing complexity of refugee crises, States in many parts of the<br />

world continue to grant asylum to refugees, both on an individual basis and in situations of mass influx;<br />

(b) Strongly deplores the serious and often brutal violations of the human rights of refugees, returnees and<br />

displaced persons during the past year, and remains particularly preoccupied with the situation of refugees,<br />

asylum-seekers, and displaced persons in central Africa;<br />

(c) Reiterates the fundamental importance of the international protection of refugees, as well as the<br />

mandated role of <strong>UNHCR</strong> in this regard, and acknowledges with appreciation the contribution made by the High<br />

Commissioner, in cooperation with States and concerned agencies, to promote the protection of refugees and to<br />

facilitate lasting solutions; acknowledges also the efforts of the High Commissioner, working together with<br />

other humanitarian and development organizations, as well as with States, to contribute to the resolution of<br />

refugee crises and to address their root causes;<br />

(d) Emphasizes that refugee protection is primarily the responsibility of States, and that <strong>UNHCR</strong>’s<br />

mandated role in this regard cannot substitute for effective action, political will, and full cooperation on the part<br />

of States, including host States and countries of origin, as well as other international organizations, and the<br />

international community as a whole;<br />

(e) Calls on States to take all necessary measures to ensure that refugees are effectively protected,<br />

including through national legislation, and in compliance with their obligations under international human rights<br />

and humanitarian law instruments bearing directly on refugee protection, as well as through full cooperation<br />

with <strong>UNHCR</strong> in the exercise of its international protection function and its role in supervising the application of<br />

international conventions for the protection of refugees;<br />

(f) Calls upon States to consider, including through competent organs of the United Nations and other<br />

relevant international organizations, steps that could be taken to assist the High Commissioner in strengthening<br />

implementation of the principles of international protection in situations, including, in particular, in complex<br />

emergencies, where refugee protection is threatened;<br />

(g) Stresses the importance of the role played by this Committee in providing guidance and forging<br />

consensus on vital protection policies and practices, and, in this connection, emphasizes the need for due regard<br />

to be paid to the Conclusions of the Executive Committee;<br />

(h) Reaffirms Conclusion No. 80 (XLVIII), and notes that a comprehensive approach to refugee protection<br />

comprises, inter alia, respect for all human rights; the principle of non-refoulement; access, consistent with the<br />

1951 Convention and the 1967 Protocol, of all asylum-seekers to fair and effective procedures for determining<br />

status and protection needs; no rejection at frontiers without the application of these procedures; asylum; the<br />

provision of any necessary material assistance; and the identification of durable solutions which recognize<br />

human dignity and worth;<br />

(i) Recognizes the fundamental importance of the principle of non-refoulement, which prohibits expulsion<br />

and return of refugees in any manner whatsoever to the frontiers of territories where their lives or freedom<br />

would be threatened on account of their race, religion, nationality, membership of a particular social group or<br />

political opinion, whether or not they have formally been granted refugee status, or of persons in respect of<br />

whom there are substantial grounds for believing that they would be in danger of being subjected to torture, as<br />

set forth in the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or<br />

Punishment;<br />

1 Contained in United Nations General Assembly Document No. 12A (A/52/12/Add.1)<br />

121

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