1 GA Res. 428 (V), Annex: Statute of the Office of the United Nations High Commissioner for Refugees, 5 UN GAOR Supp. (No. 20) at 46, UN Doc. A/1775 (1950).

2 Id., para. 2. See also Note on International Protection, submitted by the High Commissioner to the 34th session of the Executive Committee, UN Doc. A/AC.96/623, at 5, para. 22 (1983).

3 See paragraph 7(c) of the Statute, supra note 1, which provides that the competence of the High Commissioner shall not extend to a person “[w]ho continues to receive from other organs or agencies of the United Nations protection or assistance.” Since Palestinian refugees are assisted by the United Nations Relief and Works Agency (UNRWA) (see note 4 infra), the UNHCR has considered itself precluded from protecting or assisting them.

4 See General Assembly Resolution 302 (IV) of Dec. 8, 1949, establishing the United Nations Relief and Works Agency for Palestine Refugees in the Near East. It should be noted, however, that the UNRWA has been providing only assistance to Palestinian refugees, mostly in such areas as health, nutrition, education and housing. See, e.g., Report of the of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, 1 July 1981–30 June 1982, 37 GAOR Supp. (No. 13), UN Doc. A/37/13 (1982). It has been given no mandate in the protection field. Thus, there is a lacuna that remains to be filled. In view of this lacuna, it may be argued that the UNHCR does indeed have the mandate to protect Palestinian refugees.

5 See Martin, , Large-Scale Migrations of Asylum Seekers, 76 AJIL 598, 602 (1982)CrossRefGoogle Scholar.

6 UN Doc. E/CN.4/1503 (1981).

7 In a letter dated Sept. 24, 1980, addressed to the Secretary–General, the Vice Chancellor and Minister for Foreign Affairs of the Federal Republic of Germany requested the inclusion in the agenda of the 35th session of the General Assembly of an additional item entitled “International co-operation to avert new flows of refugees.” UN Doc. A/35/242 (1980). On Oct. 2, the General Assembly decided to include the item in its agenda and allocate it to the Special Political Committee. The latter on Dec. 5 recommended to the General Assembly by a vote of 93 to 15, with 9 abstentions, the adoption of a draft resolution, UN Doc. A/SPC/35/L.21/Rev.1, as amended (1980). The operative part of the resolution, as subsequently adopted by the General Assembly on Dec. 11 by 105 votes to 16, with 14 abstentions, reads:

1. Strongly condemns all policies and practices of oppressive and racist régimes as well as aggression, alien domination and foreign occupation, which are primarily responsible for the massive flows of refugees throughout the world and which result in inhuman suffering;

2. Invites all Member States to convey to the Secretary-General their comments and suggestions on international co-operation to avert new flows of refugees and to facilitate the return of those refugees who wish to return;

3. Requests the Secretary-General to report to the General Assembly at its thirty-sixth session, for its further examination and thorough study, the views, comments and suggestions expressed by Member States, together with those expressed on the item at its thirty-fifth session, including all additional contributions pertaining to the matter which he may receive from other United Nations organs;

4. Decides to include in the provisional agenda of its thirty-sixth session the item entitled “international co-operation to avert hew flows of refugees”.

GA Res. 35/124 (1980).

8 Paragraph 4 of the operative part of Resolution 36/148 (1981).

9 Of the 25 members, one each was nominated by Afghanistan, Australia, Austria, Bulgaria, Cuba, Czechoslovakia, Djibouti, Ethiopia, France, the Federal Republic of Germany, Honduras, Japan, Lebanon, Mexico, Nicaragua, Pakistan, Senegal, Somalia, Sudan, Thailand, Togo, the USSR, the United States and Vietnam. The 25th seat was to be rotated among the Latin American, African and Asian regions. Haiti occupied this seat in 1983, and it is expected that it will be allocated to an African country in 1984.

10 GA Res. 37/121, para. 9 (1982).

11 GA Res. 36/148, supra note 8, para. 3.

12 Id.

13 Id., para. 5.

14 Id.

15 Id., para. 7. Of particular significance are the observations of the Federal Republic of Germany, which contain ten-point “Guide-lines for the Conduct of States” and outline practical preventive measures. See Report of the Secretary-General: International Co-operation to Avert New Flows of Refugees, 36 UN GAOR (Agenda Item 66) at 18–27, UN Doc. A/36/582 (1981).

For observations received from other governments and United Nations organs and specialized agencies, see id. at 2–18, 27–49; and UN Docs. A/36/582/Add.1 (1981); A/37/416 (1982); A/37/416/Add.1 (1982); and A/38/274 (1983).

15a UN Doc. A/38/273, Annex, para. 16 (1983).

16 Id., para. 19. By Resolution 38/84, adopted in December 1983, the General Assembly extended the mandate of the group and approved the holding of two 2-week sessions in 1984, which have been scheduled for March 26–April 6 and June 11–22, both in New York. It directed the group to submit a report to the Secretary-General in time for deliberation by the General Assembly at its 39th session, beginning in September 1984.

17 Note 15a supra, sec. IV–A.

18 Emphasis supplied.

19 Notes 11 and 12 supra.