2003 (Executive Committee—54th Session)
(f) Calls upon States parties to the 1951 Convention and the 1967 Protocol to facilitate the return of
persons found not to be in need of international protection by providing facilities for the transit of such persons
taking into account, where applicable, agreements concerning the mutual recognition of asylum determination
decisions;
(g) Recalls further that Annex 9 to the 1944 Convention on International Civil Aviation requires that
States, when requested to provide travel documents to facilitate the return of one of its nationals, respond within
a reasonable period of time, and not more than 30 days after such a request is made, either by issuing a travel
document or by satisfying the requesting State that the person concerned is not one of its nationals;
(h) Refers to its Conclusion No. 78 (XLVI) on the prevention and reduction of statelessness and protection
of stateless persons, and urges States to take steps to avoid cases of statelessness as well as to adopt measures
leading to the grant of a legal status to stateless persons;
(i) Welcomes the expertise developed by IOM in the assisted voluntary return of persons found not to be in
need of international protection and notes UNHCR's cooperation with IOM in this area;
(j) Recommends, depending on the situation, that UNHCR complement the efforts of States in the return
of persons found not to be in need of international protection by:
(i)
Promoting with States those principles which bear on their responsibility to accept back their
nationals, as well as principles on the reduction of statelessness;
(ii) Taking clear public positions on the acceptability of return of persons found not to be in need of
international protection,
(iii) Continuing its dialogue with States to review their citizenship legislation, particularly if it allows
renunciation of nationality without at the same time ensuring that the person in question has
acquired another nationality and could be used to stop or delay the return of a person to a country
of nationality;
(k) Takes note of UNHCR's readiness, on a good offices basis, to support States, upon their request, in their
endeavours to return persons found not to be in need of international protection, in particular where obstacles to
return are encountered and provided that the involvement of the Office is not inconsistent with its humanitarian
mandate to provide international protection to refugees;
(l) Stresses the importance of ensuring the sustainability of returns and of avoiding further displacements
in countries emerging from conflict, and notes that phasing returns of persons found not to be in need of
international protection can contribute to this; while also recognizing that once a person found not to be in need
of international protection has made an informed decision to return voluntarily, this should take place promptly;
(m) Notes the value of State data on return of persons found not to be in need of international protection to
assist in analysing the rate of return and the scope of the problem of achieving returns.
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