Large-scale influxes frequently create serious problems for States, with the result that certain States, although committed to obtaining durable solutions, have only found it possible to admit asylum-seekers without undertaking at the time of admission to provide permanent settlement of such persons within their
borders.
39. It is therefore imperative to ensure that asylum-seekers are fully protected in large scale influx situations, to reaffirm the basic minimum standards for their treatment pending arrangements for a durable solution, and to establish effective arrangements in the context of international solidarity and burden sharing for assisting countries which receive large numbers of asylum seekers.
II.
PROTECTION OF ASYLUM-SEEKERS IN SITUATIONS OF LARGE-SCALE INFLUX
40. A. Admission and non-refoulement
(i)
In situations of large-scale influx, asylum-seekers should be admitted to the State in which they first seek refuge and if that State is unable to accord them asylum on a durable basis, it should at least grant them asylum on a temporary basis. They should be admitted without any discrimination as to
race, religion, nationality, political opinion or physical incapacity.
(ii) In all cases the fundamental principle of non-refoulement non-rejection at the frontier - must be scrupulously observed.
-
including
41.
(i)
B.
Treatment of asylum-seekers who have been temporarily admitted to a country pending arrangements for a durable solution.
Article 31 of the 1951 United Nations Convention relating to the Status
of Refugees contains provisions regarding the treatment of refugees who have entered a country without authorization and whose situation in that country
has not yet been regularised. The standards defined in this Article do not,
however, cover all aspects of the treatment of asylum-seekers in large-scale
influx situations;