CONCLUSIONS ADOPTED BY THE EXECUTIVE ... - UNHCR

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The Executive Committee, 1980 (Executive Committee—31 st Session) No. 17 (XXXI) PROBLEMS OF EXTRADITION AFFECTING REFUGEES ∗ (1980) (a) Considered that cases in which the extradition of a refugee or of a person who may qualify as a refugee is requested may give rise to special problems; (b) Reaffirmed the fundamental character of the generally recognized principle of non-refoulement; (c) Recognized that refugees should be protected in regard to extradition to a country where they have well-founded reasons to fear persecution on the grounds enumerated in Article 1(A)(2) of the 1951 United Nations Convention relating to the Status of Refugees; (d) Called upon States to ensure that the principle of non-refoulement is duly taken into account in treaties relating to extradition and as appropriate in national legislation on the subject; (e) Expressed the hope that due regard be had to the principle of non-refoulement in the application of existing treaties relating to extradition; (f) Stressed that nothing in the present conclusions should be considered as affecting the necessity for States to ensure, on the basis of national legislation and international instruments, punishment for serious offenses, such as the unlawful seizure of aircraft, the taking of hostages and murder; (g) Stressed that protection in regard to extradition applies to persons who fulfil the criteria of the refugee definition and who are not excluded from refugee status by virtue of Article 1(F)(b) of the 1951 United Nations Convention relating to the Status of Refugees. ∗ CONCLUSION ENDORSED BY THE EXECUTIVE COMMITTEE OF THE HIGH COMMISSIONER’S PROGRAMME UPON THE RECOMMENDATION OF THE SUB-COMMITTEE OF THE WHOLE ON INTERNATIONAL PROTECTION OF REFUGEES 22
The Executive Committee, 1980 (Executive Committee—31 st Session) No. 18 (XXXI) VOLUNTARY REPATRIATION ∗ (1980) (a) Recognized that voluntary repatriation constitutes generally, and in particular when a country accedes to independence, the most appropriate solution for refugee problems; (b) Stressed that the essentially voluntary character of repatriation should always be respected; (c) Recognized the desirability of appropriate arrangements to establish the voluntary character of repatriation, both as regards the repatriation of individual refugees and in the case of large-scale repatriation movements, and for UNHCR, whenever necessary, to be associated with such arrangements; (d) Considered that when refugees express the wish to repatriate, both the government of their country of origin and the government of their country of asylum should, within the framework of their national legislation and, whenever necessary, in co-operation with UNHCR take all requisite steps to assist them to do so; (e) Recognized the importance of refugees being provided with the necessary information regarding conditions in their country of origin in order to facilitate their decision to repatriate; recognized further that visits by individual refugees or refugee representatives to their country of origin to inform themselves of the situation there–without such visits automatically involving loss of refugee status–could also be of assistance in this regard; (f) Called upon governments of countries of origin to provide formal guarantees for the safety of returning refugees and stressed the importance of such guarantees being fully respected and of returning refugees not being penalized for having left their country of origin for reasons giving rise to refugee situations; (g) Recommended that arrangements be adopted in countries of asylum for ensuring that the terms of guarantees provided by countries of origin and relevant information regarding conditions prevailing there are duly communicated to refugees, that such arrangements could be facilitated by the authorities of countries of asylum and that UNHCR should as appropriate be associated with such arrangements; (h) Considered that UNHCR could appropriately be called upon-with the agreement of the parties concerned-to monitor the situation of returning refugees with particular regard to any guarantees provided by the governments of countries of origin; (i) Called upon the governments concerned to provide repatriating refugees with the necessary travel documents, visas, entry permits and transportation facilities and, if refugees have lost their nationality, to arrange for such nationality to be restored in accordance with national legislation; (j) Recognized that it may be necessary in certain situations to make appropriate arrangements in cooperation with UNHCR for the reception of returning refugees and/or to establish projects for their reintegration in their country of origin. ∗ CONCLUSION ENDORSED BY THE EXECUTIVE COMMITTEE OF THE HIGH COMMISSIONER’S PROGRAMME UPON THE RECOMMENDATION OF THE SUB-COMMITTEE OF THE WHOLE ON INTERNATIONAL PROTECTION OF REFUGEES 23
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CONCLUSIONS ADOPTED BY THE EXECUTIVE ... - UNHCR

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