TNAG-1542-FCO40-2106-United-Nations-High-Commissioner-for-Refugees-(UNHCR)-Execut-1986 — Page 339

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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(g) Recognized that the existence of appropriate procedures determining refugee status and the rapid implementation of such procedures may serve to protect refugees from unjustified or unduly prolonged detention;

(h) Noted the relevance of Conclusion No 22 (XXXII) in so far as the detention of asylum-seekers in situations of large scale influx is concerned;

(i) Stressed that the conditions of detention of refugees and

asylum-seekers when resorted to should be humane.

In particular,

asylum-seekers should normally not be accommodated in prison with common

criminals and not be located in areas

where their physical safety

well-being are endangered;

and

(1) Recommended that refugees and asylum-seekers who find themselves in detention should be given the opportunity to take up contact with available national refugee assistance agencies and/or with the Office of the United Nations High Commissioner for Refugees which should have the possibility of intervening with the competent authorities in their behalf;

(k) Noted

Noted the relevance of Conclusion No. 7 (XXVII) of

7 (XXVII) of the Executive

Committee to custody or detention related to expulsion measures;

کیسا نام لکھ

(1) Reaffirmed that refugees are under an obligation to conform to the laws and regulations of the country in which they find themselves, and that they may be subjected to detention or imprisonment related to ordinary penal proceedings not based on illegal entry or presence;

(m) Stressed the importance for all refugees and asylum-seekers who find themselves in detention to be fully protected against refoulement and to enjoy

fundamental human rights;

(n) Recognized that the present Conclusions are

to without prejudice

definitions of the term "refugee", adopted in different regions, which are wider than that figuring in the 1951 Convention and the 1967 Protocol;

(o) Noted that the situation of persons whose application for asylum has been finally rejected is not the subject of the present Conclusions.

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