2005 (Executive Committee—56th Session)
(g) Calls upon all State Parties, as applicable, to adopt the necessary national legislation or procedures to give
effect to regional refugee instruments;
(h) Acknowledges that complementary forms of protection provided by States to ensure that persons in need of
international protection actually receive it are a positive way of responding pragmatically to certain international
protection needs;
(i) Encourages the use of complementary forms of protection for individuals in need of international protection
who do not meet the refugee definition under the 1951 Convention or the 1967 Protocol;
(j) Realizes that States may decide to allow prolonged stay for compassionate or practical reasons; and
recognizes that such cases must be clearly distinguished from cases where there are international protection
needs;
(k) Affirms that measures to provide complementary protection should be implemented in a manner that
strengthens, rather than undermines, the existing international refugee protection regime;
(l) Notes that temporary protection, without formally according refugee status, as a specific provisional
protection response to situations of mass influx providing immediate emergency protection from refoulement,
should be clearly distinguished from other forms of international protection;
(m) Affirms that relevant international treaty obligations, where applicable, prohibiting refoulement represent
important protection tools to address the protection needs of persons who are outside their country of origin and
who may be of concern to UNHCR but who may not fulfil the refugee definition under the 1951 Convention
and/or its 1967 Protocol; and calls upon States to respect the fundamental principle of non-refoulement;
(n) Encourages States, in granting complementary forms of protection to those persons in need of it, to provide
for the highest degree of stability and certainty by ensuring the human rights and fundamental freedoms of such
persons without discrimination, taking into account the relevant international instruments and giving due regard
to the best interest of the child and family unity principles;
(o) Recommends that, where it is appropriate to consider the ending of complementary forms of protection,
States adopt criteria which are objective and clearly and publicly enunciated; and notes that the doctrine and
procedural standards developed in relation to the cessation clauses of Article 1C of the 1951 Convention may
offer helpful guidance in this regard;
(p) Notes that States may choose to consult with UNHCR, if appropriate, in view of its particular expertise and
mandate, when they are considering granting or ending a form of complementary protection to persons who fall
within the competence of the Office;
(q) Encourages States to consider whether it may be appropriate to establish a comprehensive procedure before
a central expert authority making a single decision which allows the assessment of refugee status followed by
other international protection needs, as a means of assessing all international protection needs without
undermining refugee protection and while recognizing the need for a flexible approach to the procedures
applied;
(r) Notes that, where applicable, in considering a comprehensive procedure, the applicable procedure should be
fair and efficient;
(s) Underlines the importance of applying and developing the international refugee protection system in a way
which avoids protection gaps and enables all those in need of international protection to find and enjoy it.
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