MINISTERIAL
MEETING OF STATES PARTIES Distr.
TO
THE 1951 CONVENTION RESTRICTED
AND/OR
ITS 1967 PROTOCOL
RELATING
TO THE STATUS OF REFUGEES
EC/GC/01/Track
1/PS/04/Rev. 6
21
September 2001
Original:
ENGLISH
20-21
September 2001
Draft
Declaration
We,
representatives of States Parties to the 1951 Convention relating to the Status
of Refugees and/or its 1967 Protocol, assembled in the first meeting of States
Parties in Geneva on 12 and 13 December 2001 at the invitation of the
Government of Switzerland and the United Nations High Commissioner for Refugees
(UNHCR),
1. Cognizant
of the fact that the year 2001 marks the 50th anniversary of the
1951 Geneva Convention relating to the Status of Refugees,
2. Recognizing
the enduring importance of the 1951 Convention, as the primary refugee
protection instrument which, as amended by its 1967 Protocol, sets out rights,
including human rights, and minimum standards of treatment that apply to
persons falling within its scope,
3. Recognizing the importance of other
human rights and regional refugee protection instruments, including the 1969
OAU Convention governing the Specific Aspects of the Refugee Problem in Africa
and the 1984 Cartagena Declaration, and recognizing also the importance of the
common European asylum system developed since the 1999 Tampere European Council
Conclusions, as well as the significance to refugee protection of the 1996
Programme of Action for the CIS countries.
4. Acknowledging
the continuing relevance and resilience of this international regime of rights
and principles, including at its core the principle of non-refoulement, whose
applicability is embedded in customary international law,
5. Commending
the positive and constructive role played by refugee-hosting countries and
recognizing at the same time the heavy burden borne by some, particularly
developing countries and countries with economies in transition, as well as the
protracted nature of many refugee situations and the absence of timely and safe
solutions,
6. Taking
note of complex features of the evolving environment in which refugee
protection has to be provided, including the nature of armed conflict, ongoing
violations of human rights and international humanitarian law, current patterns
of displacement, mixed population flows, the high costs of hosting large
numbers of refugees and asylum-seekers and of maintaining asylum systems, the
growth of associated trafficking and smuggling of persons, the problems of
safeguarding asylum systems against abuse and of excluding and returning those
not entitled to or in need of international protection, as well as the lack of
resolution of long-standing refugee situations,
7. Reaffirming
that the 1951 Convention, as amended by the 1967 Protocol, has a central place
in the international refugee protection regime, and believing also that this
regime should be developed further, as appropriate, in a way that complements
and strengthens the 1951 Convention and its Protocol,
8. Stressing
that respect by States for their protection responsibilities towards refugees
is strengthened by international solidarity involving all members of the
international community and that the refugee protection regime is enhanced
through committed international cooperation in a spirit of solidarity and
effective responsibility and burden-sharing among all States,
Operative Paragraphs
1. Solemnly
reaffirm our commitment to implement
our obligations under the 1951 Convention and/or its 1967 Protocol fully
and effectively in accordance with the object and purpose of these instruments;
2. Reaffirm
our continued commitment, in recognition of the social and humanitarian nature
of the problem of refugees, to upholding the values and principles embodied in
these instruments, which are consistent with Article 14 of the Universal
Declaration of Human Rights, and which require respect for the rights and
freedoms of refugees, international cooperation to resolve their plight, and
action to address the causes of refugee movements, as well as to prevent them, inter
alia,
through the promotion of peace, stability and dialogue, from becoming a source
of tension between States;
3. Recognize the
importance of promoting universal adherence to the 1951 Convention and/or its
1967 Protocol, while acknowledging that there are countries of asylum which
have not yet acceded to these instruments and which do continue generously to
host large numbers of refugees;
4. Encourage
all States that have not yet done so to accede to the 1951 Convention and/or its
1967 Protocol, as far as possible without reservation;
5. Also
encourage States Parties maintaining the geographical limitation or other
reservations to consider withdrawing them;
6. Call upon all States, consistent with applicable
international standards, to take or continue to take measures to strengthen
asylum and render protection more effectiveincluding through the adoption and
implementation of national refugee legislation and procedures for the
determination of refugee status and for the treatment of asylum-seekers and
refugees, giving special attention to vulnerable groups and individuals with
special needs, including women, children and the elderly;
7. Call
upon States to continue their efforts aimed at ensuring the integrity of the
asylum institution, inter alia, by means of carefully applying Articles 1F
and 33 (2) of the 1951 Convention, in particular in light of new threats and
challenges;
8. Reaffirm the fundamental importance of UNHCR as the
multilateral institution with the mandate to provide international protection
to refugees and to promote durable solutions, and recall our obligations as
State Parties to cooperate with UNHCR in the exercise of its functions;
9. Urge all States
to consider ways that may be required to strengthen the implementation of the
1951 Convention and/or 1967Protocol and to ensure closer cooperation between
States parties and UNHCR to facilitate UNHCR's duty of supervising the
application of the provisions of these instruments;
10. Urge all States to respond
promptly, predictably and adequately to funding appeals issued by UNHCR so as
to ensure that the needs of persons under the mandate of the Office of the High
Commissioner are fully met;
11. Recognize the valuable
contributions made by many non-governmental organizations to the well-being of
asylum-seekers and refugees in their reception, counselling and care, in
finding durable solutions based on full respect of refugees, and in assisting
States and UNHCR to maintain the integrity of the international refugee
protection regime, notably through advocacy, as well as public awareness and
information activities aimed at combating racism, racial discrimination,
xenophobia and related intolerance, and gaining public support for refugees;
12. Commit ourselves to providing, within the
framework of international solidarity and burden-sharing, better refugee
protection through comprehensive strategies, notably regionally and
internationally, in order to build capacity, in particular in developing countries and countries with
economies in transition, especially those which are hosting large-scale
influxes or protracted refugee situations, and to strengthening response
mechanisms, so as to ensure that refugees have access to safer and better
conditions of stay and timely solutions to their problems;
13. Recognize
that prevention is the best way to avoid refugee situations and emphasize that the ultimate goal of
international protection is to achieve a durable solution for refugees,
consistent with the principle of non-refoulement, and commend States that continue to
facilitate these solutions, notably voluntary repatriation and, where
appropriate and feasible, local integration and resettlement, while recognizing
that voluntary repatriation in conditions of safety and dignity remains the
preferred solution for refugees;
14. Extend our gratitude to the
Government and people of Switzerland for generously hosting the Ministerial
Meeting of States Parties to the 1951 Convention and/or its 1967 Protocol
relating to the Status of Refugees.