TNAG-1542-FCO40-2106-United-Nations-High-Commissioner-for-Refugees-(UNHCR)-Execut-1986 — Page 340

Orijuña! Original draft

DETENTION OF REFUGEES AND ASYLUM-SEEKERS

The Executive Committee,

(a) Noted with concern that large numbers of refugees and asylum-seekers

in different areas in the world are currently the subject of detention or

similar measures;

(b) Expressed the opinion that in view of the hardship which measures of

detention necessarily involve, such measures should be applied only on grounds

prescribed by law and when a genuine necessity exists; and, if taken, should

not be unduly prolonged;

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(c) Recognized that in the case of asylum-seekers arriving directly from a country where they may be exposed to persecution, detention measures based on illegal entry or presence should be justified by the need to verify identity or to establish the basis of the refugee/asylum claim and thereafter

by considerations of national security or public order:

(d) Stressed the importance in the context of detention for national legislation to make the necessary distinction between refugees and ordinary aliens and for national legislations and/or administrative measures to reflect

the principles defined in Article 31 of the 1951 Convention;

(e) Noted the recent phenomenon of some asylum-seekers of destroying their travel and/or identity documents or of using fraudulent documents in order to mislead the authorities of the State in which they intend to submit their asylum requests and recognized that such practices may justify the adoption of detention measures pending the clarification of their case;

(f) Noted that in view of the seriousness of measures of detention taken in respect of refugees it is desirable that such measures should be the subject of judicial or administrative appeal in order to obtain review of the

legality and the necessity of detention;

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