Preventive Action for Refugee Producing Situations

46 Chapter 2
international intervention from the time of first indication of a possible
outflow to the long-term development work for the period after the exodus
has ceased.
An increasing number of governments have begun to recognize that
the consequences of humanitarian crises generating massive refugee flows
are not only a question of human suffering, but can also become a threat
to national or regional security if not dealt with in a timely manner. One
threat to political stability comes from the inability of governments to
absorb unlimited numbers of refugees. Internal constraints in developed
nations, are increasingly hindering the acceptance of an growing number
of asylum seekers from different countries on their territories. In
particular, the massive flows of refugees from Indochina has prompted
governments in the industrialized world to think about new ways of
dealing with humanitarian crises.
Three major initiatives that included provisions for containing potential
refugee-producing situations were taken by the international community
through the U.N. during the past two decades. Each of them is briefly
examined below.
2.1.1. The UN Group of Governmental Experts on International
Cooperation to Avert New Flows of Refugees (UN Group).
Following a suggestion to the General Assembly by the Federal Republic
of Germany (FRG) in 1980 to include the item of international cooperation
to avert new flows of refugees on its agenda, the General
Assembly invited governments of member states to forward their
suggestions on this subject to the Secretary-General. On the basis of the
responses he received, the General Assembly adopted a resolution
calling for the Secretary-General to appoint a U.N. group of
governmental experts to under-take a comprehensive review of the
problem and present recommendations for action. 66
The U.N. Group, comprising experts from twenty-five governments,
presented its final report in May 1986 after 128 meetings. The Group
concluded that the effectiveness of the U.N. System in averting new
refugee flows is seriously diminished because states do not fully observe
the principles of international law. The Group suggested that the General
Assembly should call upon member states to honor their obligations un-
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66 UN GA res. 36/148,16 December 1981.
Empirical Examination 47
der the UN Charter, to use peaceful means of resolving disputes, and to
refrain from pursuing policies that generate new flows of refugees. 67
The UN Group further requested the General Assembly to encourage
the Secretary-General to make full use of his competencies; to give continuing
attention to the question of averting new massive refugee flows;
to ensure that timely and fuller information on potential refugeeproducing
problems be available within the Secretariat; to improve coordination
within the Secretariat for collecting and analyzing early information
on situations that can cause refugee flows; and to help improve
cooperation among the UN organs and specialized agencies and
concerned member states for timely and more effective action. 6 »
The Federal Republic of Germany (FRG) had originally envisaged that
this initiative would set out both guidelines for the conduct of states 69
and practical preventive measures. The FRG specified such preventive
measures because there was no preexisting mechanism in the U.N. for
preventive international action to deal with international border-crossing
refugees.
In working on the proposals that the FRG had outlined, the UN Group
found that there was no existing competent institution within the UN
system that could carry out the functions of observation, coordination,
and consultation, which are crucial to preventive action. 70 The Group,
without making a formal recommendation, encouraged the establishment
of such a body. But the Soviet Union and some Western states as well,
especially the U.S. were concerned about creating more U.N. bodies,
which would risk a paralyzing duplication of efforts. The final result
contributed to the creation of ORCI, whose mandate strictly limits its
functions to carrying out the instructions of the Secretary-General and
the General Assembly.
In its deliberations, the UN Group also took into account, to some extent,
fundamental human rights principles. Even so, observers remained
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67 UN doc. A/41/324, 13 May 1986: Report of the Group of Governmental Experts
on International Co-operation to Avert New Flows of Refugees, Note by the
Secretary-General. (New York, 1986), pp. 16-18.
68 UN DOC. A/41/324,1986, p. 18.
69 Siegwart Böhm, "Grenzüberschreitende Flüchtlingsströme, Präventive Behandlung
im Rahmen der Vereinten Nationen," Vereinte Nationen, 2 (1982), pp.
49-50. Bohm asserted that the foundation of the ten guidelines for the conduct
of states are particularly the UN Charter, the Declaration of Human Rights,
and the Declaration on the friendly relations among states.
70 Böhm, "Flüchtlingsströme," p. 50.