CONCLUSIONS ADOPTED BY THE EXECUTIVE ... - UNHCR
CONCLUSIONS ADOPTED BY THE EXECUTIVE ... - UNHCR
CONCLUSIONS ADOPTED BY THE EXECUTIVE ... - UNHCR
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1987 (Executive Committee—38 th Session)<br />
NO. 48 (XXXVIII) MILITARY OR ARMED ATTACKS ON REFUGEE CAMPS ANS<br />
SETTLEMENTS ∗ (1987)<br />
The Executive Committee,<br />
Remained gravely preoccupied with the continuing incidence of unlawful attacks on refugees and asylumseekers<br />
in different areas of the world, including military or armed attacks on refugee camps and settlements<br />
and, in view of the tragic and indiscriminate consequences of these attacks, resulting in untold human misery for<br />
the refugees and asylum-seekers, believed it was necessary and timely at this session to express its humanitarian<br />
concern and condemnation in the strongest terms;<br />
Noted with appreciation those Resolutions of the General Assembly of the United Nations, adopted by<br />
consensus, in particular General Assembly Resolution 39/140 (1984), which condemned all violations of the<br />
rights and safety of refugees and asylum-seekers, in particular those perpetrated by military or armed attacks<br />
against refugee camps and settlements;<br />
Predicating this Conclusion on the assumption, inter alia, that refugee camps and settlements have an<br />
exclusively civilian and humanitarian character and on the principle that the grant of asylum or refuge is a<br />
peaceful and humanitarian act that is not to be regarded as unfriendly by another State; hoping to assist in<br />
guaranteeing the safety of refugees and asylum-seekers, as well as to reinforce their rights, obligations and<br />
responsibilities and those of States and international organizations pursuant to relevant rules and principles of<br />
international law; and underlining that the rights and responsibilities of States pursuant to the Charter of the<br />
United Nations and relevant rules and principles of international law, including international humanitarian law,<br />
remained unaltered;<br />
1. Condemns all violations of the rights and safety of refugees and asylum-seekers and in particular<br />
military or armed attacks on refugee camps and settlements.<br />
2. Strongly urges States to abstain from these violations, which are against the principles of international<br />
law and, therefore, cannot be justified.<br />
3. Calls upon States and competent international organizations, in accordance with the principle of<br />
international solidarity and in order to alleviate the burden of the country of refuge, to provide, according to<br />
their means, all necessary assistance to relieve the plight of the victims of such military and armed attacks on<br />
refugee camps and settlements if ever they occur.<br />
4. Urges States and other parties to be guided by the following considerations in promoting measures to<br />
enhance the protection of refugee camps and settlements;<br />
(a) Refugees in camps and settlements have, together with the basic rights they enjoy, duties deriving from<br />
the refuge and protection granted or afforded to them by the country of refuge. In particular, they have duties to<br />
conform to the laws and regulations of the State of refuge including lawful measures taken for the maintenance<br />
of public order and to abstain from any activity likely to detract from the exclusively civilian and humanitarian<br />
character of the camps and settlements.<br />
(b) It is essential that States of refuge do all within their capacity to ensure that the civilian and<br />
humanitarian character of such camps and settlements is maintained. All other States are called upon to assist<br />
them in this regard. To this end relevant organs of the United Nations, within their respective terms of reference,<br />
are also called upon to co-operate with all States in providing assistance whenever necessary.<br />
(c) <strong>UNHCR</strong> and other concerned organs of the United Nations should make every effort, within their<br />
respective terms of reference and in keeping with the principles of the United Nations Charter, to promote<br />
conditions which ensure the safety of refugees in camps and settlements. For <strong>UNHCR</strong> this may include<br />
maintaining close contact with the Secretary-General of the United Nations and providing liaison, as<br />
appropriate, with all the parties concerned. It may also involve making appropriate arrangements with States of<br />
refuge on methods of protecting such refugee camps and settlements including, whenever possible, their<br />
location at a reasonable distance from the frontier of the country of origin.<br />
∗ CONCLUSION ENDORSED <strong>BY</strong> <strong>THE</strong> <strong>EXECUTIVE</strong> COMMITTEE OF <strong>THE</strong> HIGH COMMISSIONER’S<br />
PROGRAMME UPON <strong>THE</strong> RECOMMENDATION OF <strong>THE</strong> SUB-COMMITTEE OF <strong>THE</strong> WHOLE ON<br />
INTERNATIONAL PROTECTION OF REFUGEES<br />
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