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<p align="justify">21 April 1994<b><br><br>Doc. 7079</b></p>



<p align="justify">1403-19/4/94-10-E</p>

<p align="justify"><b>REPORT</b></p>

<p align="justify"><b>on the activities of the Office of the</b></p>

<p align="justify"><b>United Nations High Commissioner for Refugees (UNHCR)</b></p>

<p align="justify"><b>from 1990 to 1993</b></p>

<p align="justify"><b>(Rapporteur: Mr BRITO,</b></p>

<p align="justify"><b>Portugal, Socialist Group)</b></p>

<hr size="1">


<p align="justify"><i>Summary</i></p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The Office of the United Nations High Commissioner for Refugees (UNHCR) plays a unique and vital role in giving international protection and assistance to millions of refugees and displaced persons throughout the world.  This report describes the work of UNHCR over the years 1990 to 1993, covering its operations in the main geographical regions, some of its institutional features, its relations with governments and other international organisations, and above all its attempt to forge and implement a comprehensive policy encompassing prevention, international protection and assistance, temporary protection, emergency preparedness, and voluntary repatriation and resettlement.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Paying tribute to the High Commissioner, Mrs Sadako Ogata, and her staff for their often dangerous work, the report calls on governments to increase their political and financial support for UNHCR activities, to scrupulously observe the rules of international refugee law, to be more flexible in granting temporary protection to those in need, to combat negative attitudes towards refugees and asylum-seekers, to provide adequate training for those required to deal with them, and to support the work of the relevant non-governmental organisations.  Greater use should be made of the Council of Europe Social Development Fund and co-operation should be stepped up between UNHCR and the Council of Europe.  Moreover, more higher education courses in international refugee law should be provided.</p>

<p align="justify"><b>I. Draft resolution</b></p>

<p align="justify">1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Since the last report of the Assembly on the activities of the Office of the United Nations High Commissioner for Refugees (UNHCR) and<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Recommendation 1105"> Recommendation 1105</a> (1989), UNHCR has faced new challenges in regard to refugee situations arising from the increasing number of conflicts in the world, the scope of which often goes beyond the resources available to UNHCR to deal with them.</p>

<p align="justify">2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Assembly pays tribute to the work carried out by the United Nations High Commissioner for Refugees, Mrs Sadako Ogata, and her staff, who in often difficult and dangerous circumstances have worked ceaselessly on behalf of refugees and other persons in need of international protection.</p>

<p align="justify">3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Assembly welcomes the recent accessions, in particular of states in central and eastern Europe, to the 1951 Convention and the 1967 Protocol relating to the status of refugees, which brings the number of States Parties to both the Convention and Protocol to 117, and encourages states which have not already done so to accede as soon as possible to both of these instruments.</p>

<p align="justify">4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Assembly is concerned about the considerable increase in the number of refugees who have been forced to take flight to escape persecution and rising violence, and about their situation in general, especially the particularly difficult situation of refugee children and women.</p>

<p align="justify">5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Assembly stresses the need for increased support from all states for the work of UNHCR.</p>

<p align="justify">6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Assembly is particularly disturbed by the rise in intolerance with regard to foreigners, including asylum-seekers and refugees, in the host countries.</p>

<p align="justify">7.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Consequently, the Assembly attaches great importance to the Plan of Action to combat racism, xenophobia, anti-Semitism and intolerance, carried out by the Council of Europe, and to action taken by the member states in the framework of the plan.</p>

<p align="justify">8.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Assembly:</p>

<p align="justify">i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; invites the governments of the member states and those of other states concerned:</p>

<p align="justify"><i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;a.</i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; to increase their political and financial support for UNHCR activities and respond to the High Commissioner's appeal for comprehensive policy development;</p>

<p align="justify"><i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;b.</i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; to scrupulously observe the rules of international refugee law in dealing with asylum-seekers;</p>

<p align="justify"><i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;c.</i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; to be more flexible in granting temporary protection to those who request it;</p>

<p align="justify"><i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;d.</i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; to continue campaigns to combat negative attitudes to asylum-seekers and refugees and to promote greater understanding on the part of their national communities;</p>

<p align="justify"><i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;e.</i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; to provide adequate training for those required to deal with asylum-seekers, refugees and displaced persons;</p>

<p align="justify"><i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;f.</i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; to recognise the important activities of non-governmental organisations (NGOs) on behalf of refugees and asylum-seekers;</p>

<p align="justify"><i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;g.</i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; to promote co-operation in these fields between governments and NGOs in western Europe and their counterparts in central and eastern Europe, to enable them to benefit from each others' experience;</p>

<p align="justify">ii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; encourages member states of the Social Development Fund of the Council of Europe to supply the emergency account, particularly with a view to facilitating reception of refugees and voluntary repatriation;</p>

<p align="justify">iii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; recommends that the states signatory to the European Cultural Convention urge the relevant bodies to examine the possibility of introducing university courses on international refugee law, in particular in central and eastern European countries; </p>

<p align="justify">iv.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; invites the other United Nations specialised agencies, other international organisations and the relevant NGOs to increase their co-operation and their presence in countries which need special assistance, particularly in so-called sensitive areas, to enable them to prevent mass population movements;</p>

<p align="justify">v.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; invites the Council of Europe and UNHCR to strengthen their co-operation, <i>inter alia</i>, by concluding an agreement giving the former access to the organisation's data base and providing for a greater exchange of information.</p>

<p align="justify"><b>II. Explanatory memorandum</b></p>

<p align="justify"><b>by Mr BRITO</b></p>

<p align="justify"><b>I.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Introduction</b></p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The Office of the United Nations High Commissioner for Refugees (UNHCR) was established on 1 January 1951 for three years, as an organisation responsible to the General Assembly of the United Nations.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;It soon became apparent that the refugee problem required special and continuing attention, as a result of which the General Assembly decided on a number of occasions to extend UNHCR's terms of reference.  At its 47th Session, the United Nations General Assembly adopted a resolution extending the terms of reference to 31&nbsp;December 1998.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;UNHCR is primarily concerned with providing protection and assistance to refugees and seeking lasting solutions to their problems, including voluntary repatriation, local integration and resettlement.  UNHCR thus plays a key role in the international protection of refugees and the co-ordination of international activities on their behalf throughout the world.  In certain circumstances, its activities include assistance to displaced persons.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In drawing up this report on the organisation's activities, which focuses particularly on the last three extremely turbulent years, the Rapporteur visited the headquarters of the Office of the United Nations High Commissioner for Refugees in Geneva, where he met the High Commissioner, Mrs Sadako Ogata, and various officials.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;He would like to pay tribute to the High Commissioner and her staff, who in often difficult and dangerous situations have worked ceaselessly on behalf of refugees and other persons in need of international protection.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Since the last report, in reply to the 25th report on the organisation's activities, and<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Recommendation 1105"> Recommendation 1105</a> (1989), there have been a number of accessions, particularly among the countries of central and eastern Europe, to the 1951 Convention and the 1967&nbsp;Protocol relating to the status of refugees, which the Rapporteur welcomes.  He takes this opportunity to encourage countries which have not already done so to accede to these instruments and apply their provisions, thus promoting still closer international co-operation in dealing with the increasingly critical refugee problem.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The Rapporteur wishes to acknowledge the constructive and realistic spirit in which UNHCR has faced up to the new challenges to emerge from the growing number of conflicts throughout the world and the ever increasing number of people in need of international protection as a result of these conflicts.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Today, forced mass movements of people are not only humanitarian issues, but may also affect the maintenance of international security and peace and the search for political solutions.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;UNHCR sets out to provide a comprehensive response to these problems in consultation with the international community.  Above all, this involves attacking the roots of the tensions and conflicts which force people to flee their homes and establishing a preventive policy.  It also has to be able to react to emergencies, by providing at short notice for the reception of and assistance to refugees and displaced persons.  This comprehensive response must be developed in the context of lasting solutions, including return when the situation allows, which will require, among other things, social and economic development in countries of origin.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The High Commissioner has been extremely concerned by the circumstances which have led to a large number of refugees and displaced persons in Europe.  The consequences of the crisis in the former Yugoslavia provide a terrifying illustration of the growing insecurity leading to people fleeing persecution and violence.  Furthermore, while the reduction in east-west tension has created new opportunities for international co-operation in settling differences, the majority of the newly independent states to emerge from the former Soviet Union are subject to tension, while other countries are imploding.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Europe, and more particularly the Council of Europe's member states, therefore face new and urgent challenges.  The Rapporteur recommends that refugee problems be examined in the context of an overall policy and that UNHCR and other relevant international organisations receive all the necessary political and financial support in providing effective protection and assistance.  In this connection, he hopes that co-operation between the Council of Europe and UNHCR will continue to develop.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Finally, it should be stressed that this report is not exhaustive, since it is mainly concerned with the most important issues which UNHCR has had to deal with since the last report.</p>

<p align="justify"><b>II.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Activities in the various regions</b></p>

<p align="justify">1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Western Europe</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;UNHCR's activities in western Europe are essentially concerned with ensuring proper protection for those requiring it and seeking, in consultation with the countries concerned, solutions to problems relating to the admission and reception of asylum- seekers and procedures for determining their status.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;UNHCR closely follows efforts to harmonise asylum law and policy.  In connection with new international agreements such as the Treaty on European Union, the Schengen Agreement and the Dublin Convention, it welcomes their re-affirmation of national obligations highlighted by countries' accession to the 1951 Geneva Convention and the 1967 Protocol.  UNHCR is regularly consulted when new legislation is proposed and increasingly asked by national courts to advise on the compatibility of national legislation with the principles of international refugee law, including the conclusions adopted by its Executive Committee.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;UNHCR takes part, often as an observer, in the meetings of various European bodies concerned with migration issues in general, and refugees and asylum-seekers in particular.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;UNHCR hopes that a closer partnership can be developed with non-governmental organisations, reflecting inter alia their important role in a number of countries in caring for asylum-seekers.  It is also convinced that the activities of NGOs, like those of national parliaments, in promoting the cause of refugees, can contribute to the fight against xenophobia and racism.  Your Rapporteur fully concurs with this assessment of the importance of NGOs' activities in this field and the need for closer co-operation with them.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Turning more specifically to the humanitarian crisis caused by the conflicts in the former Yugoslavia, which has been the subject of a number of special debates in the Assembly, the United Nations Secretary-General has given UNHCR responsibility for co-ordinating the international relief effort in this region, where it acts as the lead agency.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;In this context, reference must be made to the welcome offered by European countries outside the immediately affected region, which have provided temporary protection to some 700 000 persons from the former Yugoslavia, including prisoners freed from detention camps, and to their leading role in providing assistance to refugees throughout the world.</p>

<p align="justify">2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Central and eastern Europe</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The Rapporteur is pleased to report that many countries of central and eastern Europe have acceded to the 1951 Convention and the 1967 Protocol relating to the status of refugees.  He would encourage the others, as well as countries which have not yet signed the 1967 Protocol, to recognise these international instruments for the protection of refugees, which are fully consistent with the Council of Europe's humanitarian traditions.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;UNHCR's policy in central and eastern Europe is to establish close co-operation with the countries concerned in order to deal effectively with the challenges posed by refugees and asylum-seekers within their frontiers.  This involves the establishment of reception facilities and arrangements for providing protection and assistance.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;UNHCR is represented in the majority of the countries of the region.  It offers advice on legislation and the application of specific measures relating to refugees and asylum-seekers, including asylum procedures.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Most of these countries have in common an absence of expertise and experience in this field.  To become a country of asylum or transit poses a considerable challenge and calls for a great deal of know-how.  UNHCR has therefore organised a series of seminars.  It has also responded to some of the institutional problems created by encouraging close co-operation, at both the national level and within international organisations, between the emerging NGOs and their western counterparts.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Your Rapporteur supports UNHCR's approach.  It is important to establish the necessary institutions for dealing with refugees and asylum-seekers.  In this connection, operational relations should be further strengthened between western and eastern European governments.  Encouragement should also be given to twinning arrangements between western and eastern NGOs to enable the latter to benefit from western experience and expertise, as well as material support.  It is to be hoped that the countries of central and eastern Europe will facilitate the development of NGOs and encourage co-operation with their western counterparts.  The Rapporteur also agrees with UNHCR that co-operation between international agencies is crucial for ensuring that the limited resources available are used efficiently and effectively.  He hopes that the already existing co-operation between UNHCR and the Council of Europe will increase, for example in the organisation of seminars, and that the Council of Europe's Social Development Fund will be used to support both the reception of refugees and their voluntary return.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The national and international response to the tensions in the countries of the former Soviet Union represents both a present and a future challenge.  UNHCR must make its contribution, within the constraints of its terms of reference and subject to the international community's agreement.  Its comprehensive approach, taking into account underlying causes, prevention, emergency measures and long-term solutions, will be of critical importance here.</p>

<p align="justify">3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; South-East Asia, North Africa and the Middle East</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Having completed its task of repatriating and resettling more than one and a half million Iraqi Kurdish refugees from Iran and Turkey, UNHCR was able to disengage from Northern Iraq in 1992, leaving other relevant agencies and organisations with responsibility for assisting in the region's rehabilitation.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;In the same year, UNHCR faced a new emergency with the arrival in Yemen of tens of thousands of Somalian sea-borne refugees.  This required the organisation of a programme of assistance and the establishment of a camp in the Aden region.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The greatest deterioration since 1992 has been in Tadjikistan, where more than a thousand Tadjiks have been killed.  A good offices visit took place in November 1992 to assess needs and meet those involved in the crisis.  UNHCR has sent a mobile team to monitor respect for human rights and initiate efforts to rehabilitate the region.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Temporary assistance to Tadjikistan involves mainly food and other forms of non-food aid.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;UNHCR's emergency programme has had two elements: the first involved the flying-in of emergency aid drawn from UNHCR stocks in Pakistan and Turkey while the second consisted of the supply of building materials to aid the reconstruction of approximately 17&nbsp;000 homes.  UNHCR will be required to prolong its presence in Tadjikistan since it must continue to monitor respect for human rights and ensure that those returning do so in safety.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Afghanistan is still a constant source of concern for the organisation.  The repatriation process continues but the numbers involved are subject to security conditions and the economic capacity of the principal receiving areas.  UNHCR aid has primarily involved the construction of shelters and projects to supply provisions in exchange for work.  It should be noted that since December 1992, and above all in the first quarter of 1993, Afghanistan became a country of asylum following an influx of Tadjik refugees.  At the end of March 1993, UNHCR was assisting approximately 50&nbsp;000 refugees, in conjunction with the local authorities, other United Nations bodies and international NGOs.</p>

<p align="justify">4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Asia and Oceania</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The most important operation undertaken by UNHCR has been the repatriation of Cambodian refugees from Thailand - 370 000 in one year.  Following the signing of a memorandum of agreement between UNHCR and the Government of Myanmar, the UNHCR will commence a voluntary repatriation programme for refugees in April 1994.  The memorandum, which covers registration on arrival and the issuing of identity documents, comprises three aspects.  The first involves the deployment of staff, starting in February 1994, the second will focus on aid (repatriation allowances and the distribution of two months' worth of food supplies) and the last will be concerned largely with assistance with resettlement and integration.  UNHCR assists approximately 25&nbsp;000&nbsp;Afghans in India, mainly in New Delhi.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;UNHCR will lend its good offices in providing passive monitoring in case of the return of unsuccessful Sri Lankan asylum-seekers living in Switzerland, under an agreement signed by Switzerland and Sri Lanka on 12 January 1994.  UNHCR is about to initiate discussions on the precise role which it will be required to play and which will be a completely new one since it will be concerned with persons who are not considered to be refugees within the meaning of the 1951 Convention.  This role will be performed in the country of origin together with the Swiss Embassy in Colombo and will require them together to ensure that the Sri Lankans concerned do not encounter any problems when they return.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;UNHCR has also made significant progress in the implementation of the comprehensive action plan for Indo-Chinese refugees (PAG) and the systematic programme of departures for Vietnamese refugees (CPA).  The refugee status determination procedure should be completed in 1994 and more than 60 000 persons have returned voluntarily to Vietnam.</p>

<p align="justify">5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Americas and the Caribbean</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;In relation to Central America, UNHCR would like to stress that despite progress being made to establish lasting peace and democracy, the situation in the region remains extremely fragile owing to poverty-induced social conflict.  UNHCR thus endeavours to contribute to the prevention of conflict in Central America through its ongoing humanitarian activities.  These are based on ensuring respect for international protection and human rights principles and on facilitating durable solutions either through local integration of refugees in countries of asylum or voluntary repatriation and reintegration<b> </b>of returnees in countries of origin.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The continued diplomatic and economic support of the European Union thus remains indispensable, not only to continue the process of peace consolidation but, in the specific case of Guatemala, to ensure the successful conclusion of a peace agreement<b>.</b>  The recent accord between the parties in Guatemala on vital human rights aspects provides hope that a final peace agreement will be concluded by the end of 1994.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Concerning the Caribbean, the efforts spearheaded by the United Nations and the Organization of American States (OAS) to find a solution to the Haitian crisis have not yet succeeded.  Political violence and the generalised climate of insecurity thus continues to prevail in Haiti with no obvious solution in sight.</p>

<p align="justify">6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Africa</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;UNHCR considers it very important to maintain the bonds which link Africa and Europe.  The democratisation process in Africa must take account of the local situation. Moreover, a transition which works in Europe will not necessarily do so in Africa.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The Rapporteur very much hopes that the Council of Europe's member states, particularly those of western Europe, will continue to support Africa's transition to democracy.  If Africa remains subject to economic recession and conflict, western Europe will very soon be faced with a massive influx of refugees and asylum-seekers.</p>

<p align="justify">7.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Centre for Documentation on Refugees</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;In the course of his contacts with UNHCR officials, the Rapporteur visited the Centre for Documentation on Refugees, which holds computerised information on refugees from the time of their flight, through their period of exile, to their eventual resettlement or reintegration.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The centre also houses UNHCR publications and documents.  Its legal databases contain bibliographical references and the full text of appropriate documents such as national legislation, international conventions and relevant case law.  The centre also includes a database on individual countries, which is constantly updated.  This information is essential for assessing countries' policies and practices relating to refugees, with a view to providing more effective protection and assistance.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;UNHCR is to be congratulated on the centre's very full documentation; support should be given to the UNHCR proposal that the Council of Europe and UNHCR agree a programme of co-operation which will offer both organisations access to information on judicial decisions and amendments to national legislation on refugees, as well as more general political and economic information on the different countries concerned.</p>

<p align="justify">8.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Relations with other organisations</p>

  <blockquote><p align="justify"><i>a.</i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Co-operation between UNHCR and other United Nations bodies</p>

</blockquote><p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;In recent years, UNHCR has co-operated with the United Nations institutions and NGOs in support of their efforts to promote the integration of refugees and the reintegration of repatriated persons and those displaced within national boundaries.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;In response to the dramatic situation in the former Yugoslavia, UNHCR, acting as the United Nations lead organisation for humanitarian aid, has proposed a comprehensive response to the humanitarian crisis and has performed a co-ordination function for the relief effort of the United Nations system and the international community as a whole.  UNHCR, Unicef, the World Food Programme (WFP), and WHO have combined efforts with the International Committee of the Red Cross, IOM and NGOs, in order to meet the needs of those affected by the crisis.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Such co-operation with other United Nations bodies takes place worldwide, specific reference being made to the above-mentioned activities in Bangladesh, the Horn of Africa, the Central Asian republics and Nepal.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The Rapporteur supports UNHCR's calls for increased involvement by international organisations providing the assistance required for establishing development programmes in countries of origin.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;In this context, the Governing Council of UNDP, at its 39th session, stressed the need to progress from relief to development and to establish reintegration programmes.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Finally, UNHCR has played an active part in major meetings, conferences and other events organised by the United Nations and its different agencies.</p>

<p align="justify"><i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;b.</i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Relations with other intergovernmental organisations</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;UNHCR has also strengthened its links with intergovernmental organisations and extended its contacts with multilateral development agencies and financial institutions.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The Rapporteur welcomes UNHCR co-operation with organisations such as OECD, IPU, the International Organization for Migration (IOM) and the Council of Europe, based on mutual respect for their respective mandates and the complementarity of their activities.</p>

<p align="justify"><b>III.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Specific activities and new challenges</b></p>

<p align="justify">1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Prevention</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;It became clear from meetings with UNHCR officials that one of the main challenges implicit in the UNHCR's comprehensive approach to refugees and immigration problems is the issue of prevention, which means addressing the underlying causes of conflicts and ensuring respect for human rights.  Human rights violations are a key factor in the flight of refugees and respect for human rights is one of the best ways of preventing such flights or of promoting a safe return.  However, such underlying causes are often complex and difficult to identify.  Prevention may also involve helping and persuading public authorities to respect individuals' rights and security.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;It goes without saying that the human rights apparatus in general forms part of the preventive approach.  International organisations and NGOs can play a particularly important role.  Their presence on the ground and the networks which they have established over the years enable these organisations to be the first to identify any human rights violations.  This makes them key partners since their eyewitness accounts, if listened to, can help to eliminate the reasons for population movement and flight.  </p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Specific preventive activities which UNHCR may undertake, particularly in its role of catalyst, include preparation for emergencies, preventive diplomacy, promotion of human rights, assistance, and protection of displaced persons.  Inter-agency co-operation is very important and involves taking account of the complementary nature of the relevant organisations' precise role and expertise and co-ordinating the different approaches.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;An effective preventive policy also requires the establishment of an early warning system so that situations which might lead to mass movements can be identified and appropriate measures taken at both national and international levels.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;When movements actually take place, the preventive policy may also set out to minimise their effects by protecting and assisting those who have been forced to leave their homes.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Accession to international agreements on human rights and refugees may itself have a preventive effect.  UNHCR therefore encourages countries to sign the 1951 Geneva Convention and the 1967 Protocol and supports efforts to establish national machinery for their application.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The preventive principle is by no means clearly defined and the effects of preventive measures in specific situations must be properly assessed.  A preventive policy will also require an increased effort from governments and international organisations, particularly in terms of human and financial resources.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The Rapporteur agrees with UNHCR that the main problem is one of political awareness of what is happening and what needs to be done.  This is why the identification of problems and prevention represent the first step towards a solution.</p>

<p align="justify">2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; International protection and temporary protection</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;International protection encompasses respect for refugees' fundamental rights including the right to security and right of entry and decent treatment.  This implies that host countries will provide guarantees of security and non-discrimination, by offering refugees the same civil and economic rights as their citizens and not forcing them to return to a country where their life or liberty are at risk.  These protective activities form the very basis of UNHCR's responsibilities to refugees in countries of exile.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The Rapporteur has been extremely concerned to note that in certain regions those seeking protection have been refused admission, in contravention of the principle of <i>non-refoulement</i> and of the most elementary humanitarian considerations.  This generally takes the form of a refusal to allow asylum-seekers entry at frontiers and their forced repatriation without any prior examination of their application.  We can therefore only support the action of UNHCR, which has frequently intervened with the relevant authorities to ensure the admission of the individuals concerned and which has played an active role in intergovernmental consultations aimed at harmonising the relevant national legislation and procedures.  The High Commissioner has also requested governments, particularly following the conflict and the human rights violations in the former Yugoslavia, to provide sufficient temporary protection to satisfy the protection needs of the refugees.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;In this context, it is important to stress UNHCR's training activities for government officials responsible for refugees, to increase awareness of and strengthen the principles governing protection.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;In connection with the conflicts in the former Yugoslavia, the High Commissioner has called upon states to grant temporary protection to those in need of it.  Such temporary protection includes admission to safety, non-refoulement and treatment in conformity with international humanitarian standards, and does not necessitate simultaneous access to individual refugee status determination procedures.  It is part of a comprehensive response and anticipates, the situation allowing, return of the persons concerned.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;As a result, European states outside the immediately affected region host some 700&nbsp;000 persons from the former Yugoslavia.  The notion of temporary protection developed differently in the various states.  UNHCR's recent Survey on Implementation of Temporary Protection shows that some states introduced temporary protection in their legislation and others apply it as a flexible policy measure.  Temporary protection undoubtedly raises a large number of issues which require further consideration, such as the length of stay and the treatment involved.  Another issue is that of the differences in recognising people fleeing the former Yugoslavia as refugees according to the refugee definition of the 1951 Convention.  Where their status has been determined in individual procedures, recognition rates vary from 0% to 80% from one country to the other.  Other questions relate to the applicability of temporary protection in case of major forced population movements, elsewhere in Europe.  The Rapporteur believes, however, that temporary protection is one essential aspect of policy towards refugees.</p>

<p align="justify">3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Emergency situations</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Emergency humanitarian aid is primarily designed to re-establish public order and acceptable living conditions.  If such emergency operations are planned at a sufficiently early stage they can contribute to preventing population movements and encourage the return of refugees and displaced persons.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;As the case of Bosnia-Herzegovina shows, UNHCR's capacity to deal with emergency situations has undoubtedly been severely tested.  For the refugees concerned, these are all life or death situations.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Following the emergency in the Persian Gulf, UNHCR enhanced its emergency preparedness and response capabilities.  UNHCR is able to provide the first emergency response anywhere in the world within seventy-two hours.  This capacity for rapid response is based on a system which includes on a standby basis specially trained staff, transport and communication facilities, a permanent stock-pile of emergency materials and equipment and contingency planning.  The necessary facilities are made available under standby agreements between UNHCR and governments and the relevant NGOs.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The new system has already been activated in crises in several parts of the world &#8212; in the Persian Gulf, the former Yugoslavia, several republics of the former Soviet Union and Africa.  The unit's deployment is often followed by the establishment of regular programmes of assistance and protection.  Its operations depend to a large extent on co-operation with the local community and with governments and NGOs, who provide material and human resources.</p>

<p align="justify">4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Voluntary repatriation and resettlement</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;UNHCR's success in securing the return of refugees, often in difficult circumstances, is to be welcomed.  One example is the voluntary repatriation programme for Cambodia, another the memorandum of understanding with the Government of Bangladesh on the organisation's role in the voluntary repatriation of Burmese refugees to Myanmar and the voluntary and safe return of refugees to Bangladesh.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Assistance with voluntary repatriation mainly involves short-term food aid, the payment of a travel allowance in cash, construction materials, basic agricultural tools and household articles.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Voluntary repatriation is both desirable and necessary but is often very complex.  There is a close link between a political settlement and economic recovery.  If the repatriation takes place in properly planned circumstances it will almost certainly create the conditions for longer-term economic and social development.  However, many refugees return to devastated regions where uncertainty and insecurity reign, thus putting at risk the long-term prospects for repatriation and reintegration.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;UNHCR has also undertaken an information campaign to enable refugees to reach a decision regarding repatriation.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Some 2,4 million refugees returned home in 1992, but at a cost of 228,9 million US dollars.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;It should be stressed that experience with voluntary repatriation in Central America, Cambodia, Afghanistan, Mozambique, Sri Lanka, Ethiopia and other countries has shown that its success depends on the extent to which it is combined with political solutions and economic regeneration.  The industrialised countries therefore have a very important role to play, particularly in meeting the cost of reintegrating the returnees in their countries of origin.</p>

<p align="justify"><b>IV.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Conclusions</b></p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;UNHCR plays a key role in providing security and assistance to those in need of international protection.  It operates independently or in close co-operation with national governments, international organisations and NGOs.  The international community often asks it to play a leading role and act as a co-ordinator.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Your Rapporteur has been able to observe the progress achieved in resolving the refugee situation, particularly within the framework of voluntary repatriation programmes.  Many challenges remain.  New refugee problems are arising throughout the world, including Europe, and the number of displaced persons within national frontiers is continuing to rise.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Politically, UNHCR has responded by calling for the development of a comprehensive strategy including prevention, protection and long-term solutions.  In the meantime, it must continue to act, often in difficult circumstances.  Having regard to its specific terms of reference and its limited resources, UNHCR seeks to establish partnerships with governments, international organisations and NGOs.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The international community must give full political and material support to UNHCR to enable it to fulfil its responsibilities towards those in need of international protection.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Regarding UNHCR's relationships with the Council of Europe, contacts must be developed and strengthened at both the parliamentary and intergovernmental levels.  UNHCR and the Council of Europe clearly have complementary roles in terms of experience, prevention and respect for international instruments, particularly in central and eastern Europe.  Further consideration should be given to making Social Development Fund resources available for promoting co-operation between UNHCR and national governments to facilitate the reception of refugees and their repatriation, if circumstances permit.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;In conclusion, your Rapporteur welcomes the close collaboration between UNHCR representatives and the Committee on Migration, Refugees and Demography.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Reporting committee: Committee on Migration, Refugees and Demography.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Budgetary implications for the Assembly: none.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Origin:<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Recommendation 1105"> Recommendation 1105</a> (1989) of 9 May 1989.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Draft resolution unanimously adopted by the committee on 12 April 1994.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Members of the committee: MM. <i>Flückiger</i> <i>(Chairman)</i>, <i>Cucó</i>, Sir <i>John Hunt</i> <i>(Vice-Chairmen)</i>, Mrs <i>Aguiar</i>, Mr <i>Akselsen</i>, Mrs Arnold, Mrs <i>Astgeirsdottir</i>, MM.&nbsp;Attard Montalto, Biefnot, <i>Billing</i>, <i>Böhm</i>, Branger, Mrs <i>Brasseur</i>, MM. Brennan <i>(Alternate: Mulvihill)</i>, <i>Brito</i>, Ehrmann <i>(Alternate: Schreiner)</i>, Eisma, Fava <i>(Alternate: Mesoraca)</i>, <i>Foschi</i>, <i>Fuhrmann</i>, Galanos <i>(Alternate: Hadjidemetriou)</i>, Ghesquière, Golu, <i>Gotzev</i>, Mrs&nbsp;<i>Hacklin</i>, MM. de Hoop Scheffer, <i>Iuliano</i>, <i>Iwinski</i>, <i>Kalus</i>, Kapsis <i>(Alternate: Koulouris)</i>, Karcsay, <i>Kiliç</i>, Kiratlioglu, Lord Kirkhill <i>(Alternate:</i> Baroness <i>Gould of Potternewton)</i>, MM. <i>Laanoja</i>, <i>Lupták</i>, Mrs <i>Mascher</i>, MM. <i>Pastuszka</i>, Pavlides, Mrs <i>Robert</i>, MM.&nbsp;<i>Saudargas</i>, <i>Skolc</i>, Stoilov, Miss Szelényi, Mr <i>Trojan</i>, Mrs Uusmann, Mr <i>Vázquez</i>.</p>

<p align="justify"><i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;N.B. The names of those members present at the meeting are printed in italics. </i></p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Secretaries to the committee: MM. Newman and Sich.</p>


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