RESOLUTION ON MIGRATION 1. Recalling that it is the sovereign right of states to define the rules of nationality and the conditions of entry and stay of foreigners in their territories, 2. Recalling that the provision and recognition of travel documents are necessary to facilitate the movement of refugees, and in particular their resettlement, and that the examination of applications must be carried out more rapidly, 3. Noting that the migration crisis is proof of what is now self-evident: that states wish to give precedence to national security, inter alia by tightening border controls, over humanitarian protection, whereas the objective of a calm, regulated management – which the European Union is striving to put in place – would be to reconcile those two imperatives, 4. Recognizing that shortcomings in dealing with massive migratory flows at the expense of frontline states result essentially from the lack of sufficient will to implement a comprehensive and effective migration strategy based on greater solidarity, responsibility sharing, coherence and co-ordination, 5. Stressing that every participating State of the OSCE must adopt a legal approach, i.e. in its positive law, to the status of refugees and the right to asylum by complying with the Geneva Convention of 28 July 1951 and its subsequent texts, 6. Recalling the definition of the term “refugee” as set out in article 1, paragraph A(2), of the Geneva Convention of 28 July 1951, namely: any person who “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it”, 7. Reaffirming the obligation not to return (“refouler”), an essential element of the status of refugees and asylum seekers set out in article 33, paragraph 1, of the Geneva Convention of 28 July 1951: “No Contracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion”, 8. Reaffirming, in accordance with the Geneva Convention of 28 July 1951 and article 14 of the Universal Declaration of Human Rights, that the right of asylum is a fundamental right, 25

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents