AG/RES. 1336 (XXV-O/95)

SITUATION OF REFUGEES, RETURNEES, AND DISPLACED PERSONS IN THE AMERICAN HEMISPHERE

(Resolution adopted at the ninth plenary session, held on June 9, 1995)

THE GENERAL ASSEMBLY,

CONSIDERING:

That, through resolutions AG/RES. 774 (XV-O/85), AG/RES. 838 (XVI-O/86), AG/RES. 891 (XVII-O/87), AG/RES. 951 (XVIII-O/88), AG/RES. 1021 (XIX-O/89), AG/RES. 1039 (XX-O/90), AG/RES. 1040 (XX-O/90), AG/RES. 1103 (XXI-O/91), AG/RES. 1170 (XXII-O/92), AG/RES. 1214 (XXIII-O/93), and AG/RES. 1273 (XXIV-O/94), the General Assembly expressed its concern for those who, as refugees, returnees, or displaced persons, are in need of protection and humanitarian assistance in the Americas;

That, to celebrate the tenth anniversary of the 1984 Cartagena Declaration on Refugees, an international colloquium was held in San Jos?, co-organized by the Office of the United Nations High Commissioner for Refugees (UNHCR) and the Inter-American Institute of Human Rights, under the auspices of the Costa Rican Government, which resulted in the "San Jos? Declaration on Refugees and Displaced Persons";

That the aforementioned San Jos? Declaration contains important principles on the treatment to be afforded to refugees, internally displaced persons, and other categories of uprooted persons, principles that complement those embodied in the 1984 Cartagena Declaration;

That, fortunately, and despite their economic and social difficulties, solidarity among the American states has made it possible to provide the necessary protection and assistance to the affected persons, with UNHCR collaboration when necessary;

That the positive events in the Republic of Haiti, with the reinstatement of democratically-elected President Jean-Bertrand Aristide, have allowed the return to that country of thousands of citizens who had left in search of security and protection;

That the clear political commitment of the Government of Guatemala to the repatriation process is an encouraging sign of firm progress in the negotiations for an agreement on a firm and lasting peace and of the effectiveness of the international verification mechanisms established for said repatriation process;

That the process of democratic consolidation in various countries in the Americas which, in the past, had been affected by internal conflicts has continued to evolve positively, enabling the effective reinsertion of uprooted persons, although various dramatic cases of internal displacement remain;

That efforts to reach a solution to social, economic, and political problems need to be increased; and

That 1995 has been proclaimed the International Year of Tolerance by the United Nations Secretary-General,

RESOLVES:

  1. To take note of the principles embodied in the conclusions and recommendations of the 1994 San Jos? Declaration on Refugees and Displaced Persons and to urge member states that deem it appropriate to consider those principles with a view to incorporating them into their respective legislations.

  2. Consequently to urge member states to consider the possibility of promoting a process of legal harmonization on refugee matters, taking into account the principles embodied in such instruments as the 1951 Convention on the Status of Refugees, the 1967 Protocol thereto, the American Convention on Human Rights, the 1984 Cartagena Declaration, and the 1994 San Jos? Declaration.

  3. To call upon those states that have not yet done so to consider the possibility of acceding to the international instruments on the status of refugees.

  4. To emphasize the solidarity and humanitarian concern demonstrated by the countries in the region in receiving and providing assistance to those persons in need.

  5. To encourage member states to search for adequate regional mechanisms to face situations generated by massive migratory flows as well as to eradicate their causes. To this end, to emphasize that these mechanisms must guarantee identification of those individuals or groups of individuals in need of international protection, and to promote the search for, and implementation of, adequate solutions, with full respect for the pertinent international standards and in keeping with domestic regulations.

  6. To urge all member states to pay special attention to the Declaration of Montrouis in regard to all migrant workers and their families and to recognize the importance of maintaining support for the integration of returnees to their countries of origin by promoting development projects aimed at eliminating extreme poverty and social exclusion.

  7. To highlight the urgent need to undertake, with support from the international community when appropriate and at the request of the states concerned, programs of assistance and human rights protection for internally displaced persons in their countries so as to achieve an adequate humanitarian solution to their plight.

  8. To urge member states, within the framework of the International Year of Tolerance, to adopt measures to eradicate xenophobic attitudes, especially against those persons who have been forced to leave their countries of origin.

  9. To reaffirm the importance, within the framework of the Cooperation Agreement between the Secretariat of the United Nations and the General Secretariat of the Organization of American States, to reinforce mechanisms of coordination and collaboration between the General Secretariat of the OAS and UNHCR in the area of promotion of refugee rights.

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