TNAG-1542-FCO40-2106-United-Nations-High-Commissioner-for-Refugees-(UNHCR)-Execut-1986 — Page 329

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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