Doc. 8215

1 October 1998

Temporary protection of persons forced to flee their
countries

Interim reply to Recommendation 1348 (1997)

from the Committee of Ministers adopted at the 641^st meeting of the Ministers’ Deputies (15 and 18 September 1998)

The Committee of Ministers has carefully examined Recommendation 1348 (1997) of the Parliamentary Assembly on the temporary protection of persons forced to flee their country and wishes to give the following interim reply.

The protection of persons who have been forced to flee their country for reasons not necessarily covered by the 1951 Convention Relating to the Status of Refugees has, indeed, as paragraph 8 of the Recommendation of the Assembly considers, become the focus of attention.

The issues raised by paragraphs 9.i. to 9.iv. of the Recommendation of the Assembly are complex.

Before adopting a decision on the possible drafting of guiding principles in the field of temporary protection, the Committee of Ministers has asked the competent Committee of experts to study in detail the various aspects of the Assembly’s Recommendation and its consequences for the protection of the persons concerned. In this context, the experts are also invited to take due account of the relevant conclusions of the Second Summit of Heads of State and Government of the Council of Europe as well as the work carried out by the UNHCR and the European Union (see paragraph 9.i).

A consultation mechanism for the governments of receiving countries, in case of a risk of a massive influx of persons, has been negotiated intensively since the beginning of the crisis in some of the countries of the former Yugoslavia. A series of informal meetings on temporary protection were held under the auspices of the UNHCR and detailed discussions were also held on this subject at recent meetings of the Executive Committee (EXCOM) of the UNHCR's Programme (see paragraph 9.ii).

Most of the proposals listed under paragraphs 9.iv.a. to 9.iv.l. will be subject to detailed discussions in the framework of the CAHAR in order to see whether, and on which of these questions, it would be possible to come to joint conclusions amongst member States in the field of temporary protection.

After having received the opinion of the CAHAR, the Committee of Ministers will inform the Assembly about the measures taken in this respect.