2008 (Executive Committee—59th Session) No. 108 (LIX) - GENERAL CONCLUSION ON INTERNATIONAL PROTECTION (2008) The Executive Committee, Reiterating, in the 60th anniversary year of the Universal Declaration of Human Rights, the enduring importance of freedom of movement and residence within the borders of each State, of the right to seek and enjoy asylum in other countries from persecution and of the right to a nationality, enshrined in Articles 13, 14 and 15 of the Declaration; and recognizing the importance of the rights in the Declaration to all persons of concern to UNHCR, Urging UNHCR and its partners to continue to draw appropriately upon relevant international humanitarian and human rights law and, in cooperation with States, to adopt a rights- and community-based approach in engaging constructively with individual persons of concern and their communities in their work, including through partnership with relevant international and national human rights, humanitarian and development organizations and the active and inclusive participation of persons of concern, Welcoming the succession of Montenegro to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, and appealing to States which have not yet acceded to these instruments to consider doing so, and to States which have made reservations to consider lifting them, Deeply preoccupied by current and persistent protection problems of persons of concern, including the rejection of refugees and asylum-seekers at frontiers without examination of claims for asylum or safeguards to prevent refoulement, long-term detention, continuing sexual and gender-based violence and exploitation, and manifestations of xenophobia, racism and related intolerance, General international protection concerns (a) Calls upon States to scrupulously respect the principle of non-refoulement; (b) Also calls upon States to take steps to prevent acts of violence against refugees and other persons of concern, to facilitate their access without discrimination to effective legal remedies, to safeguard their physical safety, to strengthen justice systems as appropriate, and to bring perpetrators of such violence to justice; (c) Welcomes the development of asylum legislation and the establishment of processes for status determination and admission in a number of countries, often with the help and advice of UNHCR; encourages the States concerned to continue to strengthen their capacity; and welcomes in this regard the technical and financial support of other States and UNHCR as appropriate; (d) Stresses the importance of UNHCR's being granted access to asylum applicants and refugees in order to enable the Office to carry out its protection functions in an effective manner, and urges States and other parties to be guided by their duty to cooperate with the High Commissioner in the performance of his humanitarian protection and assistance functions, which can only be effectively accomplished if he has access to camps and settlements of his concern; (e) Welcomes the discussions in the High Commissioner's Dialogue on Protection Challenges in December 2007, and affirms the mandated role of UNHCR in the identification of refugees and other persons of concern to the Office in mixed migratory movements with a view to meeting their international protection needs; recognizes the importance of enhanced cooperation among States, UNHCR, international agencies, including the International Organization for Migration, and other relevant actors, to address the complex problems arising in the context of mixed migratory movements including people smuggling and trafficking in persons; Age, gender and diversity mainstreaming approach (f) Commends UNHCR for further pursuing its age, gender and diversity mainstreaming (AGDM) approach aimed at ensuring gender equality and equal enjoyment of rights, regardless of age, gender or background; (g) Welcomes the AGDM Accountability Framework, and urges the Office to address resolutely all outstanding obstacles to embedding the strategy more comprehensively within and across the organization, resourcing as fully as possible the priorities in this area and expanding and deepening partnerships; (h) Recognizes the importance for States to promote an age, gender and diversity-sensitive approach, taking into account such information in the implementation of applicable international refugee instruments; 195

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