1995 (Executive Committee—46th Session) CONCLUSIONS ADOPTED BY THE EXECUTIVE COMMITTEE ON INTERNATIONAL PROTECTION OF REFUGEES 1 No. 77 (XLVI) GENERAL (1995) The Executive Committee, (a) Distressed at the continued suffering of refugees for whom a solution has yet to be found; reaffirms that respect for fundamental humanitarian principles, including safeguarding the right to seek and enjoy in other countries asylum from persecution, and full regard for the principle of non refoulement, is incumbent on all members of the international community; and urges the continued commitment of States to receive and host refugees and ensure their protection in accordance with accepted legal principles; (b) Notes that the search for solutions to refugee problems is an integral part of the High Commissioner’s mandate for international protection, and that identifying and implementing solutions to the problems of refugees requires the constant support of the international community in order that the will and capacity of individual States are reinforced in this common pursuit; (c) Emphasizes the primacy of the 1951 Convention relating to the Status of Refugees and its 1967 Protocol as forming the international legal basis for the protection of refugees; and underlines the value of regional instruments, as applicable, notably the OAU Convention, as well as the Cartagena and San José Declarations; (d) Welcomes the accession of Namibia, the Solomon Islands, Samoa, and Antigua and Barbuda to the 1951 Convention and/or the 1967 Protocol, bringing to 130 the number of States parties to one or both instruments, and urges States which are not yet party to accede to these instruments, and all States to implement them fully; (e) Reaffirms the competence of the High Commissioner in supervising the application of international instruments for the protection of refugees. Stresses the importance of their interpretation and application by States in a manner consistent with their spirit and purpose. Reminds States party to the 1951 Convention and/or the 1967 Protocol of the undertaking in Article 35 of the Convention, reiterated in Conclusion No. 57 of the fortieth session of the Executive Committee in 1989, to provide the High Commissioner with detailed information on the implementation of the Convention and urges those state parties who have not yet complied with this undertaking to do so; (f) Recalls its conclusion No. 74 (XLV), which encouraged the High Commissioner to engage in consultations and discussions concerning measures to ensure international protection to all who need it; and reiterates its support for UNHCR's role in exploring the development of guiding principles to this end, consistent with fundamental protection principles reflected in international instruments, and calls on UNHCR to organize informal consultations on this subject; (g) Calls upon the High Commissioner to support and promote efforts by States towards the development and implementation of criteria and guidelines on responses to persecution specifically aimed at women, by sharing information on States' initiatives to develop such criteria and guidelines, and by monitoring to ensure their fair and consistent application. In accordance with the principle that women's rights are human rights, these guidelines should recognize as refugees women whose claim to refugee status is based upon well-founded fear of persecution for reasons enumerated in the 1951 Convention and 1967 Protocol, including persecution through sexual violence or other gender-related persecution; (h) Condemns all forms of ethnic violence and intolerance, which are among the major causes of forced displacements as well as an impediment to durable solutions to refugee problems; and appeals to States to combat intolerance, racism and xenophobia and to foster empathy and understanding through public statements, appropriate legislation and social policies, especially with regard to the special situation of refugees and asylumseekers; 1 Contained in United Nations General Assembly Document No. 12A (A/50/12/Add.1) 111