CONFIDENTIAL
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7.
The present predicament of the refugees and displaced persons in South-East Asia derives from the fact that conditions for promoting the traditional solutions have not yet been fully met. First, except for a limited number, voluntary repatriation has not provided the answer. Second, the development of self-sufficiency has been hindered by the scale and complexity of the problem and the continuing influx. Third, resettlement elsewhere the only solution which could quickly and dramatically ease the difficulties in countries of first asylum - has not kept pace with' the growing dimensions of the problem. Taken together these circumstances have affected asylum practice.
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8. It is the High Commissioner's view that the forthcoming consultations must address these problems so that solutions can be devised and action taken on the widest possible basis and with the widest understanding.
9. It must be stressed that, ultimately, it is in the power of governments, not of UNHCR, to create the fundamental conditions in which existing problems can be resolved, and fresh problems avoided. The efforts of UNHCR cannot substitute for the will and determination of governments to achieve durable solutions. Indeed, the choice and achievement of such solutions does not, in the final analysis, depend on UNHCR alone, or on the individual refugee, but on the decisions of governments. It is for these reasons that the present consultations are most timely.
II. ASYLUM
10. It is obvious that unless at least temporary asylum is granted, not only is UNHCR unable to promote durable solutions but tragic loss of life can occur.
11.
Various important principles relating to asylum have found expression in international instruments, notably the Universal Declaration of Human Rights of 1948, the Final Act of the Conference of Plenipotentiaries which adopted the 1951 Convention relating to the Status of Refugees, the Convention itself and the 1967 Protocol on this subject, the United Nations Declaration on Territorial Asylum of 1967 and various resolutions of the United Nations General Assembly. Some of these principles have, additionally, been incorporated in resolutions and recommendations adopted within the framework of regional organizations. principles include the right to seek and enjoy asylum; the fundamental principle of non-refoulement; the principle that the granting of asylum is a peaceful and humanitarian act and that as such it cannot be regarded as unfriendly by any other State; and the particularly relevant principle that where the granting of asylum gives rise to difficulty, other States should consider, in a spirit of international solidarity, appropriate measures to lighten the burden on the
State concerned.
These
12. There is, therefore, a strong humanitarian tradition in favour of admitting asylum seekers to the territory of States where asylum is sought. Indeed, it is in this spirit that the governments of States in South East Asia have generally adopted liberal practices as regards the granting of at least temporary asylum. The attitude of States in the region is clearly affected by a variety of important factors including the prospects for durable solutions outside their territories. The question of temporary asylum cannot, therefore, be considered in isolation. However, it is especially important, in view of the increasing numbers seeking asylum, that humanitarian principles should be uniformly followed and that practice should be in harmony.
CONFIDENTIAL
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