30.
The Sub-Committee had also considered the question of detention of refugees and asylum-seekers. The problem was acknowledged by all as being of a serious and urgent nature. In the time available, it had not been possible for the Sub-Committee to deal with all of the aspects of this question and a Working Group had been set up to examine the matter in detail with a view to seeking a consensus. The Chairman took the floor later in the session to present the Draft Conclusions of the Working Group.
31.
Finally, the Sub-Commitee had considered the question of military and armed attacks on refugee camps and settlements. A set of procedural Draft Conclusions had been drawn up reflecting the importance attached by the Sub-Committee to this subject and regretting that after years of efforts, it had not been possible to arrive at a common position. The Draft Conclusions called upon the Chairman of the Executive Committee and the High Commissioner to continue consultations on the matter, review developments and submit a detailed report to the thirty-eighth session of the Executive Committee.
32.
The Director of the Division of Refugee Law and Doctrine then introduced the note on international protection (A/AC.96/680) and described some of the more fundamental trends in the area of international protection. There was an increased level of violence and violations of human rights giving rise in many parts of the world to large movements of persons seeking refuge and asylum. This constituted a serious humanitarian problem with which the international community had to concern itself. Such persons had to be protected from forceful return to areas where their life or physical integrity are threatened and should receive humane treatment until circumstances allowed for a return to their country of origin.
33.
A second noteworthy phenomenon was the large number of persons involved in current refugee movements and the fact that for the great majority of these persons there was no durable solution in sight. There was also the relatively recent phenomenon of refugees and asylum-seekers moving from countries in the developing world to industrialized States. The interregional movements gave rise to a variety of problems, since they were perceived by many as being to a large extent economic in character.
34.
The search for durable solutions therefore constituted an integral part of providing international protection. The absence of durable solutions gave rise to restrictive practices which in turn led to a weakening of established principles of international protection. Conversely, the existence of such solutions facilitated the maintenance of these same principles. On its part, in all refugee situations UNHCR must, of course, undertake a simultaneous search for the three traditional solutions - voluntary repatriation, local integration and resettlement - in order to identify the most practicable course of action. The best durable solution was voluntary repatriation to which UNHCR accorded special emphasis. The Conclusions on voluntary repatriation adopted by the Executive Committee at its thirty-sixth session provided a valuable framework. It goes without saying that repatriation had always to be voluntary. The Director also pointed out that some industrialized countries were facing particular problems due in a large measure to an unequal distribution of refugees and asylum-seekers within their regions, which pointed to the need for more equitable burden-sharing arrangements. In conclusion, he stressed the importance of maintaining the principles of international protection which formed part of a now long-standing humanitarian tradition.
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