My delegation would like to begin by congratulating Mrs. Sadako Ogata on her re-election as High Commissioner by the General Assembly and thanking her for her report as well as introductory statement of yesterday.

Several new challenges have confronted UNHCR in the year since we last met. The overall number of refugees and other persons of concern has marginally come down, but circumstances have probably never been more difficult for the world's refugees.

Conflicts persist in many parts of the world and refugees seeking asylum face uncertain environments in many host countries. Repatriation, on the other hand, has been increasingly taking place in situations where returnees have reason to fear for their security or to societies which are so devastated by war and conflict that economic security remains a mirage. Human rights violations, unlawful expulsions, physical attacks etc. continue to characterize the life of refugees in many parts of the world. As mentioned in the report of the High Commissioner for Refugees (A/5 3/12) the potential for large scale displacement remains ever present in several regions of the world. At the same time, humanitarian agencies are often left to handle complex humanitarian problems alone without the political will and support essential for their success and aid workers are frequently trapped between concern for the protection of refugees and their own vulnerability.

The refugee crises of the nineties have been described as 'scattered emergencies' - complex, small in size and with limited international visibility. As pointed out by the High Commissioner in her statement, this has often resulted in retarding and sometimes even blocking of solutions to refugee problems. Mobilizing the requisite political and financial support for dealing with these emergencies has also consequently become extremely difficult. Globalization too has significantly impacted on traditional migratory movements. Today, mixed flows of persons seeking economic betterment along with refugees both amongst developing countries as well as from the developing world to the developed has further complicated the situation. Mr. Chairman, despite the fact that such flows are much larger in the developing world, attempts are being increasingly made to divert the focus of the refugee agenda from finding durable solutions to long standing refugee situations in some of the poorest parts of the world to one of reducing inflows of non- refugees into the more prosperous parts of the world.

Moreover, after an initial phase of diversion of aid from long term development to humanitarian emergencies, resources for humanitarian activities including refugee protection are also on the decline. In fact, there is serious cause to wonder whether some of the debates in the Executive Committee of UNHCR and the disappointing response to many of UNHCR's pleas for increased support and assistance do not reflect a shift in priority to relieving donors of their financial burden as soon as possible rather than ensuring the best interests of the refugees or alleviating the burden that has been placed on the host developing countries. Furthermore, growing challenges to the legal and ethical foundations of the international refugee regime in developed countries have raised fears of a 'chain reaction' which might lead developing countries with far more pressing economic problems and much larger refugee populations to step back from their traditional hospitality and receptiveness towards refugees.

Mr. Chairman, in the above context, the choice of 'International solidarity and burden sharing' as the main theme of the recently concluded 49th plenary session of the UNHCR EXCOM was most timely. My delegation is firmly of the view that the key to the rejuvenation of the international refugee regime lies in a rededication by the international community to the principles of 'International solidarity and burden sharing'. Burden sharing is fundamental as well as integral to refugee protection and the UNHCR itself is one of the best examples of this concept in practice. The origins of international solidarity and burden sharing lie within the UN Charter itself which mandates cooperation for solving international problems of a humanitarian character. The preamble to the 1951 Convention on Refugees also states in no uncertain terms that the grant of asylum may place unduly heavy burdens on certain countries, and that a satisfactory solution of a problem of which the United Nations has recognized the international scope and nature cannot be achieved without international cooperation. Burden sharing, Mr. Chairman, is not merely about resources. It also includes a protection element and implies that developed countries have to accept their responsibilities under international refugee law and refrain from unilateral practices and derogations that can contribute to a complete collapse of the international regime.

Today, neither the duty to receive refugees nor the real costs associated with their arrival are fairly apportioned across the world. Distribution of State responsibility is based on accidents of geography and the relative ability to States to control their borders. The entire system survives tenuously on undependable funding and vague promises of cooperation. A large number of developing countries engaged in a desperate struggle to provide their own citizens with the basic necessities of life find themselves crippled by the enormous burden that mass exoduses impose on them.

Till date, the international response to refugee crises has been mostly on an 'ad hoc' basis. We believe that as in the case of all other IN activities, we must pave the way for equitable and consistent responses to all refugee situations in all parts of the world. Developing countries who put at risk their fragile environment, economy and social fabric to provide refuge to millions are in reality the largest 'donors' to the refugee cause. The international community must recognize the immense contribution made by these countries and move their concerns to the forefront of the refugee agenda. It is also essential that the economic and social impact of massive refugee populations on host developing countries be systematically assessed and measures to minimize their impact be identified. Mr. Chairman, we believe that UNHCR must take the lead in this. We note with appreciation the High Commissioner's acknowledgment that despite its limited means, UNHCR can assist in trying to improve the sharing of responsibilities towards refugees and look forward to further action. We also welcome her call for more help to countries hosting large numbers of refugees shoulder their responsibilities.

Simultaneously, Mr. Chairman, ways and means have to be also found to address the needs of societies which produce the vast majority of refugees. Concerted and coordinated action is required to address problems in countries of origin through assistance to returnees and for the people of the country itself, so as to enable them absorb the return. Special attention needs to be given to capacity-building for the purpose of promoting long term development and growth, concerted action for the prevention of natural disasters and for establishing the rule of law in these countries. The problem of refugees must be seen in the larger socio-economic context in which it occurs and in the light of some of the basic causes which are responsible for generating mass displacements, particularly extreme poverty and lack of adequate resources for economic and social development. It must be recognized that prevention of humanitarian crises through investment in long term development in countries of origin is the most cost- effective approach available to the international community.

Mr. Chairman, we believe clarity must be brought to UNHCR's critical role in returnee reintegration activities. Refugees cannot just be dumped across borders and abandoned to their own fate. They have to be anchored safely in their country of origin in both political and economic terms. Stabilizing returnees in the phase immediately following large repatriation movements will have a preventive value in avoiding further displacement and at the same time will contribute to post-conflict reconstruction as well as reconciliation of divided communities. As pointed out by the High Commissioner, the gap between humanitarian and development assistance remains a matter of concern and must be bridged through the establishment of appropriate linkages.

While it is true that development work does not form part of UNHCR's mandate, we should keep in mind the fact that at a time when development assistance has shrunk to historic levels and development agencies are cutting back their operations, even the limited contribution that UNHCR can make to reintegration may prove valuable. If refugees return home and find no infrastructure or support for their efforts to re-build their lives, they will only leave the country once again and give rise to a self-perpetuating cycle of mass displacement.

Mr. Chairman, we have heard it being argued that there is an imbalance and a tilt in UNHCR's activities in favour of material assistance programs to the detriment of its protection mandate. In our view, the inseparable and mutually supportive character of refugee protection and assistance are self evident, especially at a time when the international community has through the Vienna Declaration and Program of Action accepted a holistic vision of human rights. Assistance to meet the economic needs of refugees through the provision of food and shelter is as important as protecting their lives and assuring them asylum and to consider protection and assistance as two separate spheres of work is nothing but an artificial distinction.

Along with international solidarity and burden sharing and the need to address root causes, an element basic to the strengthening of the international refugee regime is a re- dedication by all States to the human rights of refugees and asylum seekers. It is a matter of deep disappointment that as the world celebrates the 50th anniversary of the Universal Declaration on Human Rights, commitment to Article 14 which enshrines for all the right to seek and enjoy asylum is being undermined by some of the very nations who drafted the Declaration. While tremendous progress has been made in the last 50 years in enlarging and expanding respect for human rights, refugee law and protection appear to be moving in the opposite direction. A wave of restrictive practices is today sweeping across the most prosperous parts of the world and traditional generosity and openness towards refugees is being replaced by approaches based on partial solutions and diminished regard for the welfare of refugees.

All societies have a natural inclination to preserve their own prosperity. However, building walls to shut out refugees and violating the rights of refugees and asylum seekers is not the right solution. Despite all the difficulties developing countries are confronted with in their attempts to meet the basic needs of their own people, the large majority of them have not shut their doors to those in their neighborhood seeking refuge. It is important, Mr. Chairman, that their faith in humanitarianism and the principles of refugee protection are not compromised by efforts aimed at eroding the principles of refugee protection in other parts of the world.

The international community must correct all trends that hinder refugee protection and seek to transfer the burden on to other regions of the world. Political will must be marshaled by States to live up to their commitments and to put in place systems that do not undermine the integrity of the institution of asylum and treat asylum seekers as commodities that can be shipped from country to country. It is also imperative that such States initiate activities which disseminate the values of tolerance, multi-culturalism and pluralism and raise public awareness against the growing phenomenon of intolerance, xenophobia and bigotry, which unfortunately impact on hapless refugees.

Mr. Chairman, we have heard several exhortations from States for increased adherence to the 1951 Convention. May I add in the above regard that the most appropriate way for these States to promote this goal would be by setting an example through the implementation of the Convention in letter and spirit and by demonstrating their commitment to the rights of refugees and asylum seekers. An environment in which countries which took the lead in establishing the 1951 convention are seen as detracting from its provisions and challenging some of its fundamental assumptions is most unlikely to encourage others to sign and ratify the convention.

In concluding, let me reaffirm that humanitarianism like human rights is a universal responsibility. We must find global solutions for global problems and eschew partial solutions which undermine the international character of the refugee regime. An open, transparent, multilateral and global process alone will provide the best means of ensuring the right balance between the minimum protection refugees must enjoy and the legitimate concerns of States. The diversity of problems that we face indicate that we must be creative in seeking solutions and the solutions we evolve must be based on a universal spirit and shared effort.

Mr. Chairman, India is a country which has since its birth hosted millions of refugees including the largest ever refugee movement in modem times - the displacement in 1971 of over 10 million refugees from what is today Bangladesh. Even now, it hosts around 300,000 refugees, the largest case load in the Asia Pacific region. Our openness towards refugees comes from a historic commitment towards humanitarianism. Our protection regime is based on the fundamental rights guaranteed by the Indian Constitution - particularly its articles on the right to life, the right to personal liberty and the right to freedom of religion and belief. Despite the fact that many of the refugees we host have been in India for decades, we have sought to fulfill our responsibilities towards them from entirely within our own resources.

We take this opportunity to pay tribute to the High Commissioner and her staff, for the courage and dedication with which they have pursued their important humanitarian mandate of protection of refugees, often, at great risk to themselves. We would like to express concern over the continued captivity of Mr. Vincent Cochetal, one of UNCHR's staff members and appeal for his immediate release.