was, however, whether a new concept was necessary, or whether the problems arising in large-scale influx situations could not be resolved by the application and amplification of existing concepts.
Temporary Refuge in the Context of Asylum (Point 2 of the Agenda)
11. Introducing the subject, the Chairman stressed that it was most important that refugees find asylum on a permanent basis and in the shortest possible time. In cases of large-scale influx, however, it was recognized that it might only be possible to grant asylum on a temporary basis. The question was whether this should be termed "temporary refuge" and whether any legal consequences could be drawn from such a notion.
12. During the discussion, it was noted that whatever the term used to denote
the nature of the temporary stay of asylum-seekers in a situation of
mass-influx, protection against refoulement, as well as protection of the
physical integrity of asylum-seekers and their basic human rights, including appropriate food and shelter, should always be safeguarded. A humanitarian approach remained necessary.
13. It was, however, also stated that although according to the classical
doctrine, the granting of asylum was a prerogative of States, an individual
right to asylum had already taken on specific form in a number of States.
Moreover, it was now generally recognized that where life was in danger, States should give at least temporary asylum. One expert said that this was
an important step towards the universal recognition of an individual right to
asylum.
14. Another expert gave the example of the "Front-Line States" in Africa
where, often for certain categories of refugees, no proper solution could be found and where subsequent placement in other African countries was resorted
to. To refer to such a practice as "temporary refuge" or "temporary
residence" would only be appropriate if there was some certainty that refugees
would be able to proceed to another country.
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