CONCLUSIONS ADOPTED BY THE EXECUTIVE ... - UNHCR

The Executive Committee,
1988 (Executive Committee—39 th Session)
No. 53 (XXXIX) STOWAWAY ASYLUM-SEEKERS ∗ (1988)
Recognizing that stowaway asylum-seekers often find themselves in a particularly vulnerable situation in
need of international protection and durable solutions;
Recalling its Conclusion No. 15 (XXX) on Refugees without an Asylum Country adopted at the thirtieth
session of the Executive Committee;
Reaffirming the necessity of giving proper attention to the needs of stowaway asylum-seekers including
arranging for their disembarkation, determining their refugee status and, whenever required, providing them
with a durable solution;
Noting that there are at present no general and internationally recognized rules dealing specifically with
stowaway asylum-seekers and at the same time recognizing that asylum-seekers should be given the special
consideration that their situation demands;
Recommended that States and UNHCR take into account the following guidelines when dealing with actual
cases of stowaway asylum-seekers:
1. Like other asylum-seekers, stowaway asylum-seekers must be protected against forcible return to their
country of origin.
2. Without prejudice to any responsibilities of the flag State, stowaway asylum-seekers should, whenever
possible, be allowed to disembark at the first port of call and given the opportunity of having their refugee status
determined by the authorities, provided that this does not necessarily imply durable solution in the country of
the port of disembarkation.
3. Normally UNHCR would be requested to assist in finding a durable solution for those found to be
refugees, based on all relevant aspects of the case.
∗ 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
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