International co-operation to avert new flows of refugees/Right of return – GA resolution

IV. Resolutions adopted on the reports of the Special Political Committee

36/148. International co-operation to avert new flows of refugees

The General Assembly,

Recalling its resolution 35/124 of 11 December 1980 on international co-operation to avert new massive flows of refugees,

Having examined the report of the Secretary-General, /23

Taking note of the comments and suggestions submitted by Member States, organs of the United Nations and specialized agencies in response to General Assembly resolution 35/124,

Gravely concerned about the continuing massive flows of refugees in many parts of the world and the human suffering affecting millions of men, women and children who flee or are forcibly expelled from their homelands,

Reaffirming the strong condemnation of policies and practices of oppressive and racist regimes, as well as aggression, colonialism, apartheid, alien domination, foreign intervention and occupation, which are among the root causes of new massive flows of refugees throughout the world resulting in great human suffering,

Taking into account the importance of socio-economic factors in the creation of refugee situations,

Reaffirming the inviolability of the provisions of the Charter of the United Nations and the Universal Declaration of Human Rights /24 and of other existing international instruments, norms and principles relevant, inter alia, to responsibilities of States with regard to averting new massive flows of refugees, as well as to the status and the protection of refugees, and also reaffirming the framework of competences of existing international organizations and institutions,

Stressing that massive flows of refugees may not only affect the domestic order and stability of receiving States but also jeopardize the political and social stability and the economic development of entire regions and thus endanger international peace and security,

Noting that, in addition to creating individual human misery, massive flows of refugees can impose great political, economic and social burdens upon the international community as a whole, with dire effects on developing countries, particularly those with limited resources of their own,

Convinced that averting new massive flows of refugees is, therefore, a matter of urgent concern for the international community as a whole.

Reaffirming its resolution 2625 (XXV) of 24 October 1970, by which it approved the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations,

Commending the United Nations High Commissioner for Refugees and his staff for their untiring humanitarian and social efforts, for which the Office of the High Commissioner has twice been awarded the Nobel Peace Prize,

Commending also for their contributions all Governments, organs of the United Nations, specialized agencies and intergovernmental and non-governmental organizations which have provided aid, and stressing the importance of their efforts in this field,

Conscious of the importance of developing, in order to avert new massive flows of refugees, appropriate means of international co-operation in accordance with the principles of the Charter of the United Nations and, in particular with the principle of non-intervention in the internal affairs of sovereign States and also with the principle that nothing in the Charter shall authorize the United Nations to intervene in matters that are essentially within the domestic jurisdiction of any State,

Takes note of the report of the Secretary-General;

Welcomes the comments and suggestions submitted in response to General Assembly resolution 35/124 by Member States, organs of the United Nations and specialized agencies on international co-operation to avert new massive flows of refugees and on facilitating the return of those refugees who wish to return;

Emphasizes the right of refugees to return to their homes in their homelands and reaffirms the right, as contained in its previous resolutions, of those who do not wish to return to receive adequate compensation;

Decides to establish a group of governmental experts of seventeen members who shall be appointed by the Secretary-General, upon nomination by the Member States concerned after appropriate consultation with the regional groups and with due regard to equitable geographical distribution, and whose expenses as a rule shall be borne by each nominating State for its expert;

Requests the Group of Governmental Experts on International Co-operation to Avert New Flows of Refugees, in the light of the existing relevant international instruments, norms and principles and with due regard to the rights mentioned in paragraph 3 above, to undertake as soon as possible, in order to improve international co-operation to avert new massive flows of refugees, a comprehensive review of the problem in all its aspects, with a view to developing recommendations on appropriate means of international co-operation in this field, having due regard to the principle of non-intervention in the internal affairs of sovereign States;

Requests the Group of Governmental Experts to be mindful of the importance of reaching general agreement whenever that has significance for the outcome of its work;

Calls upon the Group of Governmental Experts to take into account the comments and suggestions submitted to the Secretary-General in response to resolution 35/ 124 and any further comments and suggestions from Member States, organs and organizations of the United Nations and specialized agencies, as well as the views expressed during the debate on this item at the thirty-sixth session of the General Assembly and also the study to be submitted to the Commission on Human Rights at its thirty-eighth session by the special rapporteur, pursuant to its resolution 29 (XXXVII) of 11 March 1981, /25 and furthermore the deliberations on this study by the Commission;

Calls upon Member States that have not yet submitted to the Secretary-General their comments and suggestions on this item to do so as soon as possible;

Requests the Secretary-General to prepare a further compilation of the replies received in accordance with paragraph 8 above and to provide the Group of Governmental Experts with all necessary assistance and facilities for the completion of its task;

Calls upon the Group of Governmental Experts to submit a report to the Secretary-General in time for deliberation by the General Assembly at its thirty-seventh session;

Decides to include in the provisional agenda of its thirty-seventh session the item entitled "International co-operation to avert new flows of refugees".

100th plenary meeting

16 December 1981

/23 A/36/582 and Corr. 1 and Add.1

/24 Resolution 217 A (III)

/25 Official Records of the Economic and Social Council, 1981, Supplement No. 5 (E/1991/25 and Corr.1), chap. XXVIII, sect. A

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