TNAG-1800-FCO40-2560-Hong-Kong-Vietnamese-refugees-principle-of-first-asylum-1988 — Page 52

EC/SCP/16

Pam 11

31. One participant pointed out that there were nevertheless certain limits to the remedies which legal texts could provide. While the Expert Group should certainly emphasize that the application of international solidarity

was of paramount importance in mass-influx situations, the solution remained

of a political nature. Other speakers felt, however, that the technique of using an "emergency fund" should be further developed. The Chairman explained

the mechanism of, and the limits to, the present UNHCR Emergency Fund, and indicated that it would be difficult to obtain improvements in this particular direction. The suggestion was then made that, in order to overcome the

problem of financial ceilings, use could be made of an improved method of

pledging.

32. It was again emphasized by a number of experts that it was very important

to work towards an elimination, on the part of countries of origin, of the causes of displacement. Such a duty on States should be put on a par with the

obligation to observe the principle of non-refoulement.

33. In conclusion, the Chairman remarked that the various suggestions made for reinforcing present international aid mechanisms had been useful. The political content should, however, be kept in mind, and also the limits of

moral pressure and dissuasion on countries of origin to remove the causes for

the outflow of populations. The admission of such aylum-seekers to temporary asylum should not be linked to the granting of international assistance and the relationship between the regional and universal remedies was important. It was, however, necessary to maintain a flexible approach.

34. During the discussion of the Draft Conclusions, a number of further considerations were specifically mentioned. When referring to the obligation of States to respect the principle of non-refoulement, one expert stated that this protection always remained subject to the obligations assumed by States under extradition treaties. In this connection, mention was made of the full discussion of the question at the fifth meeting of the Subcommittee of the

Whole on International Protection.

#