DRAFT REPORT OF THE WORKING GROUP OF THE SUB-COMMITTEE
OF THE WHOLE ON INTERNATIONAL PROTECTION
ON THE DETENTION OF Refugees and ASYLUM-SEEKERS
V
1.
The Sub-Committee of the Whole on International Protection decided
on 1 October 1986 to establish an open-ended working group on the
detention of refugees and asylum-seekers. The working group was charged
with the task of identifying points of agreement and difference, and if
possible to agree on a set of conclusions for submission to the Executive
Committee; it met on 00 occasions on 3, 6 and 00 October 1986. The
working group was unable to arrive at a consensus on a definition of the
word 'detention', but drafted the following conclusions.
2.
The Executive Committee,
Recalling Article 31 of the 1951 Convention relating to the Status
of Refugees,
Recalling further its Own Conclusion No. 22 (XXXII) on the
treatment of asylum-seekers in situations of large-scale influx, as well as Conclusion No. 7 (XXVIII), paragraph (e), on the question of custody or detention in relation to the expulsion of refugees
lawfully in a country, and Conclusion No. 8 (XXVIII), paragraph
(e), on the determination of refugee status,
Noting that the term "refugee" in the present Conclusions has the same meaning as that in the 1951 Convention and the 1967 Protocol relating to the Status of Refugees, but is without prejudice to
wider definitions applicable in different regions,
Noting that the situation of persons whose applications for asylum
have been [finally] rejected is not covered by the present Conclusions, and that these Conclusions do not relate to detention
pursuant to purely criminal proceedings,
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