A/HRC/4/15 page 21 protection of the latter. This is influenced by both humanitarian concerns and national security considerations. It will be recalled that the 1992 Mongolian Constitution provides an avenue for the grant of asylum for those seeking refuge as follows (art. 18): “(4) Aliens or stateless persons persecuted for their convictions or for political or other activities pursuing justice, may be granted asylum in Mongolia on the basis of their well-founded requests.” This was further elaborated in the 1993 Mongolian law on the legal status of foreign citizens. There is a delicate balance to be established with national security concerns. 65. UNHCR has been present in the country since 2001. While the collaboration between that Office and the national authorities has been developing concretely, some sources met by the Special Rapporteur felt that there was more room for the national authorities to cooperate with that agency, especially in the sharing of information to ensure transparency. Recent indications of logistical and technical support to be given by the Office to Mongolia are also welcome. 66. The current position of the Mongolian authorities is to treat those escaping from the Democratic People’s Republic of Korea as humanitarian cases, although the national law tends to refer to them as “border-crossers”. The policy abides by the international principle of non-refoulement which prohibits the sending back of refugees (or deportation) to their country of origin or other territories where there is a threat of persecution. In reality, these persons are in transit in Mongolia, as they later depart for another country for long-term settlement. That position on the part of the Mongolian authorities should be commended and supported for its humanitarian stance which bodes well for the country’s commitment to democracy and human rights. The country also has various mechanisms, such as the National Human Rights Commission of Mongolia, which help to provide checks and balances to promote and protect human rights, in addition to a vibrant civil society and a variety of media. 67. There is the question of accession to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol. The authorities in Mongolia are in the process of consulting various agencies on the issue. A positive consequence of accession would be that it would help to set clear benchmarks for dealing with those who seek refuge, and this would result in a system providing greater clarity and transparency in relation to refugee status. It would need to be enhanced by international support to shoulder the task together in the quest for durable solutions, including resettlement in other countries where appropriate, bearing in mind the limited resources which Mongolia may be able to provide as a developing country. 68. For the future, key directions for Mongolia include the following: (a) country; Sustain its humanitarian policy and practice towards those who seek refuge in the (b) Protect and assist refugees, bearing in mind various vulnerable groups such as women and children and the need to cooperate closely with UNHCR; (c) Ensure that the conditions under which those who seek refuge are temporarily maintained are transparent and open to access by that United Nations agency;