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Civilian and humanitarian character of asylum

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Key points
  • Asylum has an inherently peaceful, civilian and humanitarian character. Military activity is incompatible with the institution of asylum. Persons who pursue military activities in a country of asylum cannot be asylum-seekers or refugees, may not stay in or enter refugee camps, and may not benefit from humanitarian assistance provided by UNHCR under its international refugee mandate.
  • The civilian and humanitarian character of asylum is an established and respected international refugee standard and a principle of international protection. It derives from rules in international refugee law, human rights law, international humanitarian law, national law, UNHCR's Statutes and the UN Charter.
  • Prepare as much as possible in advance for the possibility that fighters or combatants may be present or may mix with refugees and displaced people. Analyse the conflict, activate early warning arrangements, and react promptly, because the best outcomes are achieved when a State identifies, disarms and separates combatants at entry, before they are in camps or settlements. In UNHCR´s experience, it is more effective to prevent refugee camps from being infiltrated or militarized than to repair a situation in which their civilian and humanitarian character has already been jeopardised.
  • Consider children who are associated with armed forces and armed groups primarily as victims, regardless of how they were recruited. They should benefit from special protection and assistance measures, notably to demobilize and rehabilitate them. They should have priority in identification and in principle should not be interned.
  • If you need advice on the status and treatment of fighters or combatants in a specific context, in order to advise the authorities and other relevant actors appropriately, ask UNHCR's regional legal adviser in the bureau or regional representation, or DIP's Field Protection Support Service, Geneva.
  • Acknowledge the State's genuine security concerns and capacities but ensure that States uphold their obligations. Refoulement, discrimination and arbitrary detention are prohibited; States should grant refugees access to their territories, provide international protection, and ensure the civilian and humanitarian character of asylum.
  • Discuss confidentially with relevant authorities. Participate in and promote inter-agency dialogue with other relevant actors (UN Country Team, ICRC, OHCHR, UNDP, UNICEF, UN/regional peace operations).
  • The civilian and humanitarian character of asylum is an established and respected international refugee standard and a principle of international protection. It derives from rules in international refugee law, human rights law, international humanitarian law, national law, UNHCR's Statutes and the UN Charter.
  • Prepare as much as possible in advance for the possibility that fighters or combatants may be present or may mix with refugees and displaced people. Analyse the conflict, activate early warning arrangements, and react promptly, because the best outcomes are achieved when a State identifies, disarms and separates combatants at entry, before they are in camps or settlements. In UNHCR´s experience, it is more effective to prevent refugee camps from being infiltrated or militarized than to repair a situation in which their civilian and humanitarian character has already been jeopardised.
  • Consider children who are associated with armed forces and armed groups primarily as victims, regardless of how they were recruited. They should benefit from special protection and assistance measures, notably to demobilize and rehabilitate them. They should have priority in identification and in principle should not be interned.
  • If you need advice on the status and treatment of fighters or combatants in a specific context, in order to advise the authorities and other relevant actors appropriately, ask UNHCR's regional legal adviser in the bureau or regional representation, or DIP's Field Protection Support Service, Geneva.
  • Acknowledge the State's genuine security concerns and capacities but ensure that States uphold their obligations. Refoulement, discrimination and arbitrary detention are prohibited; States should grant refugees access to their territories, provide international protection, and ensure the civilian and humanitarian character of asylum.
  • Discuss confidentially with relevant authorities. Participate in and promote inter-agency dialogue with other relevant actors (UN Country Team, ICRC, OHCHR, UNDP, UNICEF, UN/regional peace operations).

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