35.
In the ensuing discussion, as well as in the general debate, there was unanimous recognition of the crucial importance of the High Commissioner's international protection function. The effective discharge of this function depended on the full support of Governments and the provision of appropriate durable solutions. In this regard, a number of speakers underlined the interdependence of protection and solutions.
36.
Several speakers expressed satisfaction with recent accessions to the 1951 United Nations Convention and the 1967 Protocol and urged that further States accede. Some speakers referred to the geographical limitation and called upon States which still maintained it to consider its withdrawal. A number of speakers emphasized the need for the provisions of the international refugee instruments to be effectively implemented.
37.
There was unanimous support for the Conclusions on this item as well as for the Geneva Declaration on the 1951 United Nations Convention and the 1967 Protocol Relating to the Status of Refugees.
38.
A number of speakers referred to the issue of detention which had been examined by the Sub-Committee. All speakers considered that the detention of refugees and asylum-seekers should only be applied exceptionally. It was also stated that entry in search of asylum should not be regarded as an unlawful act. Several speakers expressed the view that fair and speedy procedures for determining refugee status and asylum applications would help to avoid unjustified or unduly prolonged detention. Reference was also made to the need for national legislation and/or administrative practices to make the necessary distinction between refugees and asylum-seekers and ordinary aliens.
39.
There was consensus on the Draft Conclusions submitted by the Working Group on the detention of refugees and asylum-seekers which left open the definition of the term "detention". At the time of adoption, the delegate of the Federal Republic of Germany stated that "the restrictions on freedom of movement of asylum-seekers to the district of the competent aliens' office or accommodation in communal housing facilities based on the relevant legal provisions of the Federal Republic of Germany are not inconsistent with these conclusions". An observer expressed the hope that when dealing with the subject of detention, States would take into account the special needs of refugee women and children. He also hoped that the conclusions would be applied in a liberal spirit, having regard to the first sentence of paragraph (b), and that States which already followed liberal practices in regard to detention would continue to do so.
40. Several speakers referred to the problem of irregular movements of refugees and asylum-seekers. Many of these speakers felt that in order to uphold the willingness by receiving States to accept and resettle refugees who cannot return to their country of origin and who are not integrated into countries of first asylum, it was necessary to identify appropriate mechanisms for orderly onward movements. In their view, it was important to elaborate guidelines for the treatment of persons who were now moving in an irregular manner. At the same time, these speakers expressed support for the High Commissioner's initiative to seek practical solutions in relation to such movements.
41.
Other speakers laid particular stress on the need for strict adherence to the principles of international solidarity and burden-sharing and expressed concern at the restrictive measures adopted by some States. One speaker stressed that the difficulties of some asylum countries and the fact that there had been instances of
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