TNAG-1543-FCO40-2107-United-Nations-High-Commissioner-for-Refugees-(UNHCR)-Execut-1986 — Page 37

2.

Expresses the hope that by the fortieth anniversary of the adoption of the 1951 Convention relating to the Status of Refugees all Member States of the United Nations will have acceded to these instruments;

3.

Stresses that, in addition to accession, effective application of the principles and provisions of the 1951 Convention and the 1967 Protocol are of the utmost importance;

4.

Calls upon the Chairman and States Members of the Executive Committee to assist the High Commissioner in his efforts to promote further accessions to the 1951 Convention and the 1967 Protocol.

Conclusions on detention of refugees and asylum-seekers

128. The Executive Committee,

Recalling Article 31 of the 1951 Convention relating to the Status of Refugees,

Recalling further its 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, and is without prejudice to wider definitions applicable in different regions,

(a) Noted with deep concern that large numbers of refugees and asylum-seekers in different areas of the world are currently the subject of detention or similar restrictive measures by reason of their illegal entry or presence in search of asylum, pending resolution of their situation;

(b) Expressed the opinion that in view of the hardship which it involves, detention should normally be avoided. If necessary, detention may be resorted to only on grounds prescribed by law to verify identity; to determine the elements on which the claim to refugee status or asylum is based; to deal with cases where refugees or asylum-seekers have destroyed their travel and/or identity documents or have used fraudulent documents in order to mislead the authorities of the State in which they intend to claim asylum; or to protect national security or public order;

(c) Recognized the importance of fair and expeditious procedures for determining refugee status or granting asylum in protecting refugees and asylum-seekers from unjustified or unduly prolonged detention;

(a)

Stressed the importance for national legislation and/or administrative practice to make the necessary distinction between the situation of refugees and asylum-seekers, and that of other aliens;

(e) Recommended that detention measures taken in respect of refugees and asylum-seekers should be subject to judicial or administrative review;

(f)

Stressed that the conditions of detention of refugees and asylum-seekers must be humane. In particular, refugees and asylum-seekers shall, whenever

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