AUD UUA FƏ AND ADILUM-SEEKERS
Draft reformulation 3b
Note: blank paragraph letters indicate deletions or rearangement of parts of the earlier draft.
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The Executive Committee,
Recalling Article 31 of the 1951 Convention relating to the Status of Refugees, its conclusion No. 22 (XXXII) on the treatment of asylum-seekers in situations of large-scale influx, as well as Conclusion No. 7 on the question of custody or detention in relation to expulsion.
Acknowledging that the present Conclusions are without prejudice to definitions of the term "refugee", adopted in different regions, which are wider than that in the 1951 Convention and the 1967 Protocol, and that the situation of persons whose application for asylum has been finally rejected is not the subject of the said Conclusions,
(a)
Noted with concern that large numbers of refugees and asylum-seekers in different areas in the world are currently the subject of detention or similar restrictive measures;
(b)
Expressed the opinion that in view of the hardship which it necessarily involves, detention should normally be avoided and should be resorted to only on grounds prescribed by law to protect national security or public order, to verify identity, for example, where refugees or asylum-seekers destroy their travel and/or identity documents or use fraudulent documents in order to mislead the authorities of the State in which they intend to claim asylum, or to establish the basis of the claim to refugee status or asylum;
(c)
(d)
Stressed the importance for national legislation and/or administrative practice to make the necessary distinction between the situation of refugees and asylum-seekers, and that of other aliens;