RCOA REPORT ON THE 2012 UNHCR-NGO CONSULTATIONS AND ANNUAL TRIPARTITE CONSULTATIONS ON RESETTLEMENT

Transcription

1 RCOA REPORT ON THE 2012 UNHCR-NGO CONSULTATIONS AND ANNUAL TRIPARTITE CONSULTATIONS ON RESETTLEMENT UNHCR-NGO CONSULTATIONS, 3-5 JULY, GENEVA, SWITZERLAND The 2012 consultations between the United Nations High Commissioner for Refugees (UNHCR) and NGOs brought together more than 430 people representing over 200 NGOs from 86 countries. The theme of the consultations was Partnerships in Focus. Australia was again well represented at the consultations, with 18 NGO delegates attending: Paul Power (CEO), Eileen Wahab (Projects and Administration Manager) and Lucy Morgan (Information and Policy Officer) from the Refugee Council of Australia (RCOA). Wah Wah Naw and Munira Yusuf, refugee representatives supported by the Australian National Committee on Refugee Women. Gail Ker, CEO of Access Community Services. James Thomson, Director of Policy and Advocacy (Refugee Program) at Act for Peace. Ramesh Kumar (Manager, Settlement Services) and Melika Sheikh-Eldin (Manager, Settlement Partnerships) from AMES. Graham Thom, Refugee Coordinator at Amnesty International Australia. Sonia Vignjevic, National Program Manager, Australian Red Cross. Eileen Pittaway (Director), Linda Bartolomei (Deputy Director) and Geraldine Doney (Research Associate) from the Centre for Refugee Research, University of NSW Parsuram Sharma-Luital, Chair of the New and Emerging Communities Advisory Committee of the Federation of Ethnic Communities Councils of Australia. Munira Mahmood from North Yarra Community Health. David Manne, Coordinator of the Refugee and Immigration Legal Centre. Cedric Manen, Chair of the Settlement Council of Australia. The Australian delegation also included 11 interns from the Centre for Refugee Research, University of NSW, who were involved in assisting the Rapporteur for the NGO Consultations in documenting the proceedings. In addition, the Centre for Refugee Research supported two refugee representatives from outside of Australia to raise issues of concern to communities still living in difficult circumstances in countries of first asylum. They were: Saw Daniel Wessen from the Federation of Trade Unions of Kawthoolei, a Burmese refugee currently living in Thailand. Cheery Zahau, a Chin community member currently living in India. OPENING SESSION The opening session focused on the theme of the consultations, Partnerships in Focus. It included presentations from UNHCR staff and representatives from NGO implementing partners: Alexander Aleinikoff, Deputy High Commissioner for Refugees, UNHCR; Tahar Cheniti, Tunisian Red Cross; Daisy Dell, Director, Division of External Relations, UNHCR; Kemlin Furley, Acting Head, Inter-Agency Unit, UNHCR; Ben Mendoza, Catholic Office for Emergency Relief and Suite 4A6, 410 Elizabeth Street Surry Hills NSW 2010 Australia Phone: (02) Fax: (02) admin@refugeecouncil.org.au Web: Incorporated in ACT ABN The Refugee Council of Australia represents non-government organisations and individuals working with and for refugees in Australia and around the world

2 Refugees; Grace Muthungu, National Council of Churches Kenya; and Tanya Wood, Senior Policy Officer, International Council of Voluntary Agencies. The subsequent discussion focused on a range of issues, including the challenges posed by the short UNHCR funding cycle; the need for increased refugee representation at UNHCR meetings; engagement of local organisations in humanitarian response; concerns about the expiration of registration cards for Afghan refugees in Pakistan at the end of 2012; the need for better implementation of the two conventions on statelessness; the need for UNHCR to monitor implementation of pledges made by states at the 2011 ministerial-level meeting to commemorate the 60 th anniversary of the Refugee Convention; concerns about the implications of recent legislative changes in Israel for people seeking protection; and the need for increased support for survivors of torture. RCOA raised a concern about the accessibility of UNHCR offices to refugees and asylum seekers, noting that many people seeking protection face difficulty in making contact with or travelling to UNHCR offices. Daisy Dell acknowledged that this issue had been raised by NGOs in the past and agreed to take up RCOA s suggestion that UNHCR conduct an accessibility audit of its offices. Other members of the Australian delegation raised concerns relating to the potential pressure for repatriation of Burmese refugees from Thailand following recent developments in Burma (with Alexander Aleinikoff affirming in response that all repatriation would be voluntary and processes for facilitating repatriation widely consultative); the negative connotations associated with the term burden sharing as applied to refugee protection; and the importance of promoting respectful relationships with implementing partners. THEMATIC SESSIONS NGO participation in refugee resettlement: This session, which was moderated by RCOA s CEO Paul Power, focused on the role international and local NGOs can play in the resettlement process, including through the identification and referral of refugees for resettlement, the provision of services to particularly vulnerable refugees in countries of first asylum and resettlement countries and assisting in the development and maintenance of welcoming communities in resettlement countries. It also aimed to provide opportunities for NGOs to learn from one another and from UNHCR about the different ways in which refugee protection and resettlement intersect. Key recommendations emerging from the discussion included the need to involve resettled refugees in the development and delivery of post-arrival support services; better communication of information about the needs of vulnerable refugees between pre- and post-arrival service providers; and increased commitment to providing emergency resettlement places. Recommendations from this session were tabled at the Annual Tripartite Consultations on Resettlement held the following week (see Appendix 1). Climate change and displacement: This session explored the relationship between migration, refugees and climate-induced displacement. It examined the challenges defining and identifying the root causes of displacement linked to environmental change, developing a legal and normative protection framework for people displaced by climate change and working with states to support strong national protection mechanisms for people displaced by climate change, both internally and across borders. Key recommendations included the allocation of resources for research into climate change-induced displacement; integrating the knowledge and skills of women into responses to climate change-induced displacement; and the establishment of a Special Rapporteur on climate change. Information management in humanitarian situations: This session showcased a range of information tools, methodologies and strategies currently in use in the field, providing an RCOA report on 2012 UNHCR-NGO Consultations, ATCR & Side Meetings page 2

3 opportunity to exchange ideas and knowledge on how technology, data and information management can strengthen the delivery of humanitarian assistance. Legal representation and advocacy: This session focused on the role of legal representation in the refugee status determination process and challenges in the provision of legal services to refugees and asylum seekers. These challenges included the weak rule of law in many countries, lack of awareness amongst refugees and asylum seekers about their rights, lack of compliance with UNHCR s procedural standards and guidelines in some countries, barriers to accessing clients (particularly in detention contexts), lack of formal mechanisms for review of UNHCR decisions and security threats to lawyers. Key recommendations included ongoing training of UNHCR and government officers conducting status determination; external monitoring of UNHCR s compliance with procedural guidelines; greater cooperation between UNHCR and legal representatives; and increased exchanges between legal services in the global north and south. Protection of stateless people: This session focused on the human rights situation of stateless people, the challenges they face and strategies for improving their situation. Effective statelessness status determination procedures in particular were highlighted as an essential mechanism for identifying stateless people and thereby allowing their needs to be addressed. Key recommendations included training on statelessness for all stakeholders, especially government authorities; increased UNHCR support for individual cases; follow up on pledges made at the 2011 ministerial meeting; and the establishment of a Special Rapporteur on statelessness. Partnerships: The relationship between UNHCR and its NGO partners across the world was a key focus of this year s consultations. This session aimed to gather feedback on UNHCR s draft framework for cooperation with implementing partners. Key recommendations included the development of a framework for operational partners which implement complementary services but do not receive UNHCR funding; training and support for local partners in implementing the framework; and avoiding a one size fits all approach to managing partnerships. Marginalisation and social exclusion of particular refugee populations: This session explored the situation of groups which face marginalisation and discrimination not only in their countries of origin, but also in countries of asylum. Specific groups discussed included people who are HIV positive, people with a disability, minority and indigenous groups, and people who are lesbian, gay, bisexual, transgender or intersex. Key recommendations included context-specific training and public awareness-raising to break down misconceptions and increase awareness about the needs of marginalised groups; and implementing codes of conduct that prohibit discrimination. Protection of children: This session presented UNHCR s new Framework for the Protection of Children. The discussion focused on a range of issues relating to the protection of children, with detention and birth registration nominated as major issues of concern. Key recommendations included the development of a clear action plan for implementation of the Framework; the adoption of an ExCom Conclusion on birth registration; and for ExCom to strongly encourage states to end the detention of children. REGIONAL SESSIONS Africa Bureau: This session discussed the multiple challenges facing the region, noting that new refugee situations continue to emerge while existing ones remain unresolved. The impact of donor fatigue and the preference of donors to support projects relating to the emerging RCOA report on 2012 UNHCR-NGO Consultations, ATCR & Side Meetings page 3

4 crises in the Middle East has led to many programs in Africa being reduced or stopped due to lack of funds. Security in camps remains a serious concern, particularly in light of the recent kidnapping of aid workers in Dadaab refugee camp in Kenya. The implications of this insecurity of women and girls were also noted. Concerns were also raised about the application of cessation clauses to several refugee situations in Africa and their implications for refugees who choose not to return. Asia Bureau: This session focused on protracted refugee situations. While the protection environment in the region remains challenging, it was noted that states are displaying more willingness to address refugee situations in a holistic manner. The positive developments through the Bali Process were acknowledged but it was noted that there is a need for greater engagement of civil society in this process. Participants discussed innovative ways for civil society to advance refugee protection in the region. The positive developments in Burma were cautiously welcomed but recent events in Rakhine state were highlighted as being indicative of the still-fragile situation in the country. Middle East and North Africa: The unprecedented political changes in this region and the magnitude of refugee border influxes in recent times, in the words of presenters for this session, caught the region unawares. Initial humanitarian response was slow and major gaps in funding, resources and services remain. The importance of civil society s role in humanitarian response was underlined by the fact that local civil society was the first to respond to the emerging crises. It was recommended that national NGOs should be encouraged and supported. The plight of refugees crossing the Sinai Desert into Israel and the need for a regional solution to this issue was also discussed. Bureau for Europe: This session focused on the rise in xenophobia across Europe. It was reported that there has been an increase in violence and discrimination directed at those perceived to be foreigners, to which refugees and asylum seekers are particularly vulnerable. The potential impact of the rise in xenophobia on policy change was noted as an issue of concern. At the same time, it was noted that the majority of people do not necessarily hold xenophobic views. Recommendations focused on the need for more data and information about xenophobia and hate crimes in Europe, the importance of working with the public and media to promote positive messages and highlight personal stories and the need to improve access to justice, Bureau for the Americas: This session focused on legal aid and effective advocacy for people undergoing refugee status determination. It was noted that the region has an advanced legal protection framework but that the reality on the ground did not necessarily reflect this. Some countries in the region are increasingly using accelerated status determination procedures or denying access to status determination to some asylum seekers. The tendency of governments in the region to perceive civil society as an opponent was noted as an issue which hinders constructive engagement. Recommendations focused on the need for better judicial review mechanisms in the region, and the need to strengthen the role of civil society in providing assistance on individual cases and identifying gaps in protection and service provision. SIDE MEETINGS Five side meetings were held in conjunction with the 2012 UNHCR-NGO Consultations, focusing on the following issues: Access to justice for survivors of sexual and gender-based violence: Chaired by Assistant High Commissioner for Protection Erika Feller, this session focused on strategies to address impunity and improve access to justice for survivors of sexual and gender-based violence, including through partnerships with civil society. RCOA report on 2012 UNHCR-NGO Consultations, ATCR & Side Meetings page 4

5 The impact of protection standards and principles in humanitarian response: This session explored the ways in which protection standards are being used in emergencies and how they can improve the quality of service provision and accountability. Addressing protracted refugee situations: This session focused on displacement from Colombia, Iraq and Somalia. It provided an update on each situation and discussed the ongoing challenges in resolving the three long-standing crises. Legal aid and representation on: This session aimed to provide an opportunity for UNHCR and legal aid organisations to discuss strategies for working better together to advance the rights of asylum seekers, refugees and stateless people. Advocating for refugee rights after the Arab Spring: This session discussed opportunities for advancing the rights of refugees in the Middle East and North Africa in the aftermath of the Arab Spring, as well as identifying new risks faced by people seeking protection in the region. Informal side meetings were also held between NGOs and UNHCR s five regional bureaux. CLOSING SESSION The closing session included an address by High Commissioner for Refugees Antonio Guterres, which he opened by emphasising the importance of dialogue with civil society to UNHCR s work. He noted a range of challenges facing UNHCR and its operations worldwide, including: security of UNHCR and NGO staff; the trend towards the restriction of asylum space in some countries; the continuing emergence of new crises while exiting crises remain; and the impact of financial constraints on UNHCR s operations, particularly in sub-saharan Africa. At the same time, the High Commissioner acknowledged the role that civil society can play in addressing many of these challenges, such as through acting as a strong public voice for the preservation of asylum space and providing more cost-effective ways to deliver humanitarian assistance. Issues raised during the subsequent discussion included the need for increased resettlement places; the need for better implementation of the two conventions on statelessness; the risks faced by asylum seekers crossing the Sinai desert; the need for governments to take ownership of refugee protection rather than deflecting this responsibility to UNHCR; the vulnerability of unaccompanied minors to forced recruitment; the need for better coordination between UNHCR and its partners in disaster response; the recent violence in Burma s Rakhine state, and Bangladesh s response; the application of the cessation clause to Rwandan refugees; and the expiration of registration cards for Afghan refugees in Pakistan at the end of RCOA questioned whether UNHCR had developed a strategy to monitor implementation of the pledges made at the 2011 ministerial meeting. The High Commissioner reported that UNHCR has published a documented outlining all of the pledges made by states at the meeting and that a team within UNHCR s Division of International Protection will be monitoring implementation. UNHCR s intention is to have states report to the Standing Committee on progress with implementation on an annual basis. Other issues raised by the Australian NGO delegation included the need to enhance protection for survivors of sexual and gender-based violence and the importance of consultation with Burmese refugees and internally displaced person who may face pressure to repatriate before the situation is conducive to safe and sustainable return. The High Commissioner noted that UNHCR has increased funding for programs to address sexual and gender-based violence but acknowledged that not enough is being done in this area. He stated that UNHCR is very aware of concerns relating to repatriation to Burma and will ensure that returns are voluntary. RCOA report on 2012 UNHCR-NGO Consultations, ATCR & Side Meetings page 5

6 SUMMARY OF KEY ISSUES RAISED WITH UNHCR IN SIDE MEETINGS DURING THE 2012 UNHCR-NGO CONSULTATIONS, 2-5 JULY, GENEVA, SWITZERLAND In July 2012, representatives from the Refugee Council of Australia (RCOA) were part of an Australian NGO delegation which travelled to Geneva to participate in the annual consultations between the United Nations High Commissioner for Refugees (UNHCR) and NGOs from around the world. During the course of the consultations, the Australian NGO delegation arranged several side meetings with key UNHCR personnel and senior staff to discuss issues of concern to refugee communities in Asia, Africa and the Middle East as well as the current policy debate on asylum seekers in Australia. Meetings were arranged with UNHCR s regional bureaux for the Middle East and North Africa (MENA) and Asia. RCOA unsuccessfully attempted to arrange a meeting with UNHCR s Africa Bureau and is currently considering alternative options for raising issues relating to refugees in Africa with UNHCR. The Australian NGO delegation also met with Erika Feller, Assistant High Commissioner for Protection. The Australian delegation included three refugee community representatives from Burma: Saw Daniel Wessen from the Federation of Trade Unions of Kawthoolei, currently living in Thailand; Cheery Zahau, a Chin community member currently living in India; and RCOA board member Wah Wah Naw, representing the Australian National Committee on Refugee Women. These representatives were involved in raising concerns about recent developments in Burma and their implications for future repatriation. The delegation also included Munira Yusuf, a former refugee from Somalia now living in Melbourne, who was involved in advocacy on a range of issues of concern to refugees from the Horn of Africa. CALL FOR SUBMISSIONS Prior to the Geneva meetings, the Australian Refugee Rights Alliance (ARRA), a coalition of Australian NGOs (including RCOA) involved in international advocacy on refugee issues, called for submissions from individuals and organisations in Australia on current issues of concern to refugee communities overseas. The aim of the submissions process was to identify pressing protection concerns and particularly vulnerable groups of refugees which could be brought to the attention of UNHCR in Geneva. Feedback from RCOA s annual consultations was included in this process. MEETING WITH UNHCR S ASIA BUREAU, 2 JULY Issues raised by RCOA with Asia Bureau representatives included: The situation of Afghan Hazara refugees in Pakistan. Conditions faced by refugees and asylum seekers in Malaysia, Indonesia and Thailand. Recent developments in Burma, including the potential for these developments to lead to pressure for repatriation, and the outbreak of violence in Rakhine state. The importance of regional cooperation in addressing the key protection challenges in Asia-Pacific. Bureau representatives reported that several strategies are currently being implemented to address some of these issues, including the establishment of a roundtable of experts to examine the issue of irregular maritime movements and the launch of a research project investigating good practice in urban refugee policy. They noted the challenges faced by the increase in asylum seeker applications in Malaysia and Indonesia recent times. Bureau RCOA report on 2012 UNHCR-NGO Consultations, ATCR & Side Meetings page 6

7 representatives acknowledged concerns relating to Burma and agreed that, while cautiously optimistic about the recent developments in Burma, UNHCR is well aware of the problems which may arise if repatriation to Burma is promoted before conditions are conducive to safe and sustainable return. MEETING WITH UNHCR S MIDDLE EAST AND NORTH AFRICA BUREAU, 2 JULY Issues raised by RCOA with MENA Bureau representatives included: The risks faced by refugees attempting to cross from Egypt into Israel across the Sinai desert. The continuing marginalisation of Assyrians in Iraq. The insecurity and lack of rights faced by refugees in major countries of asylum such as Iran, Syria and Jordan. The ongoing discrimination experienced by minority groups in countries of asylum. Difficulties faced by refugees and asylum seekers in accessing UNHCR s offices. Bureau representatives reported that a taskforce has been established to examine the situation in Sinai, with the aim of developing a strategy within the next few months to address this situation. They also noted the shrinking of asylum space in several countries in the region and acknowledged the extremely difficult living conditions faced by refugees and asylum seekers in these countries. MEETING WITH ERIKA FELLER, ASSISTANT HIGH COMMISSIONER FOR PROTECTION, 5 JULY The meeting between the Australian NGO delegation and Erika Feller focused on policy responses to the arrival of asylum seekers in Australia by boat. Ms Feller reaffirmed UNHCR s position that regional cooperation offers the best prospect of progress on refugee protection in Asia-Pacific and that UNHCR s preference would be for asylum seekers arriving by boat to be processed in Australia. She noted that UNHCR would not support a return to Pacific Solutionstyle arrangements and that, should Australia s transfer arrangement with Malaysia be resurrected, UNHCR s involvement in would be contingent on adequate safeguards being in place to protect the rights and wellbeing of refugees and asylum seekers. A range of potential short-term options for responding to boat arrivals, and the merits and shortcomings of each of these strategies, were discussed. The feedback from this discussion was used to inform aspects of RCOA s submission to the Expert Panel on Asylum Seekers. 1 1 Available at RCOA report on 2012 UNHCR-NGO Consultations, ATCR & Side Meetings page 7

8 2012 ANNUAL TRIPARTITE CONSULTATIONS ON RESETTLEMENT, 9-11 JULY, GENEVA, SWITZERLAND The 2012 Annual Tripartite Consultations on Resettlement (ATCR) brought together 70 government and 53 NGO representatives from 30 countries along with 70 representatives from the United Nations High Commissioner for Refugees (UNHCR), including staff from its resettlement service, regional bureaux and operations around the world; 13 representatives from the International Organization for Migration; three delegates from intergovernmental bodies; and four refugee representatives. This year s ATCR was chaired by Jim O Callaghan, Assistant Secretary of the Humanitarian Branch of the Department of Immigration and Citizenship, with Paul Power, CEO of the Refugee Council of Australia (RCOA), acting as NGO Focal Point. The theme of the ATCR was One refugee resettled, many lives protected, drawing attention to the ways in which resettlement can be used strategically to bring protection benefits to refugees other than those being resettled. The Australian NGO delegation was: Paul Power (CEO) and Lucy Morgan (Information & Policy Officer) from RCOA. Cedric Manen, Chair of the Settlement Council of Australia. Ramesh Kumar (Manager, Settlement Services) and Melika Sheikh-Eldin (Manager, Settlement Partnerships) from AMES Victoria. Linda Bartolomei, Deputy Director of the Centre for Refugee Research, University of NSW. Graham Thom, Refugee Coordinator at Amnesty International Australia, was the global representative for Amnesty International. INVOLVEMENT OF REFUGEE REPRESENTATIVES For the first time at an ATCR meeting, four refugee representatives were invited to attend as formal delegates and share their experiences with the participating governments and NGOs as part of the agenda. These representatives were: Iman Abdelmotalab, former refugee from Sudan, resettled in Norway; Rasha Alkaisee, former refugee from Iraq, resettled in Sweden; Aden Batar, former refugee from Somalia, resettled in the United States; and Ahmed Dini, former refugee from Somalia, resettled in Australia. OVERVIEW OF RESETTLEMENT NEEDS UNHCR estimates that 859,305 people will be in need of resettlement in the coming years, a ten per cent increase on the estimates reported last year. Of these, 180,676 will be in need of resettlement in With the total number of resettlement places currently standing at around 81,000, it is expected that fewer than half of the refugees in need of resettlement next year will actually be resettled. Further information about global resettlement needs and priorities can be found in UNHCR s 2013 Projected Global Resettlement Needs report. 2 INPUT FROM STATES AND NGOS NOT PRESENT A session at this year s ATCR provided an opportunity for states and NGOs not directly involved in international discussions on refugee resettlement to provide feedback and make recommendations on issues relating to resettlement. 2 Available at RCOA report on 2012 UNHCR-NGO Consultations, ATCR & Side Meetings page 8

9 Wei-Meng Lim-Kabaa, Deputy Director of UNHCR s Division of International Protection, gave a report on behalf of delegates attending UNCHR s June Standing Committee meeting. Issues raised by the Standing Committee included the gap between resettlement needs and available places; the need for more timely processing of resettlement cases; the importance of maintaining a humanitarian focus to resettlement, rather than focusing on integration potential ; and the importance of using resettlement as a strategic tool. Naomi Steinberg, Director of Refugee Council USA, presented the outcomes of a session on NGO involvement in resettlement held during the 2012 UNHCR-NGO Consultations. See Appendix 1 for a copy of this report. NGO STATEMENT The NGO Statement to the 2012 ATCR was delivered by NGO Focal Point Paul Power on the first day of the meeting. The statement highlighted current issues of concern to NGOs working in the area of refugee resettlement, including: the failure of some countries to fill their annual resettlement quotas; the impact of national security screening processes on global resettlement numbers; the importance of using resettlement as a strategic tool; the importance of advance planning and adequate, stable financing to the success of resettlement programs; the need for improved physical and mental health care for refugees after resettlement; the importance of involving former refugees in all stages of the resettlement process; the need for improved flow of information between agencies providing support to refugees before and after resettlement; and the need to enhance capacity for emergency resettlement. The statement also raised concerns about specific refugee populations in need of resettlement and international assistance, including: refugees from the Democratic Republic of the Congo, Somalia, and Colombia who are living in protracted situations; refugees fleeing the current violence in Syria; Eritreans in Eastern Sudan; Darfuri refugees in the Central African Republic; lesbian, gay, bisexual, transgender and intersex refugees living in Kenya and Uganda; refugees in South Africa; Ethiopians and Eritreans in Yemen; Eritreans in Egypt; Chin refugees in India; Tibetans in Nepal; and Rohingya refugees in Bangladesh. See Appendix 2 for a copy of the statement. UPDATES ON PRIORITY SITUATIONS Priority situations for resettlement discussed at the ATCR included: Refugees from the Democratic Republic of the Congo Refugees from Somalia Afghan refugees in Iran and Pakistan Iraqi refugees in the Middle East Refugees from Colombia Several common themes emerged throughout these discussions. Refugees in many countries of first asylum are facing increasingly difficult living conditions and a shrinking of humanitarian space. For many refugees in these situations, resettlement has become the only durable solution available as conditions in their countries of origin are not conducive to safe and sustainable return, and countries of asylum remain unwilling to consider local integration as an option. However, the growing shortfall between resettlement needs and available places has made resettlement an increasingly elusive solution. Speakers on several of the priority RCOA report on 2012 UNHCR-NGO Consultations, ATCR & Side Meetings page 9

10 situations commented that this shortfall is further compounded by UNHCR s limited capacity to refer refugees for resettlement despite needs being high, either due to resource constraints or difficulties in accessing refugee populations (for example, due to security issues). INCREASING RESETTLEMENT PLACES In light of the ongoing shortfall between needs and places, exploring opportunities for expanding resettlement quotas and making the best use of available places were key discussion points at this year s ATCR. A session dedicated to these issues noted a number of strategies for increasing resettlement places, including: learning from past successes in securing government and public support for increased resettlement, such as the recent campaign to resettle refugees out of Choucha; promoting positive examples of the benefits of resettlement to host communities; and supporting emerging resettlement countries to maintain regular and sustainable resettlement programs. A key concern raised by many delegates in the lead-up to this year s ATCR was that the limited resettlement places available are not being fully utilised. Much of this shortfall has been due to changes in security screening processes in the United States, which have slowed the resettlement process; it was reported at the ATCR that this issue has largely been resolved. However, UNHCR s limited capacity to refer refugees for resettlement remains an ongoing issue of concern. It was noted by UNHCR that there is a need for flexibility in resettlement to ensure that available places can still be filled in situations where access to priority caseloads becomes more challenging. One presentation in this session focused on a new NGO campaign which aims to encourage member states of the European Union to collectively offer 20,000 resettlement places annually by MANAGEMENT OF INFORMATION THROUGHOUT THE RESETTLEMENT PROCESS A series of breakout groups discussed strategies for improving communication between agencies working with refugees before and after resettlement. These groups focused on the following issues: Strategies to ensure that information about the specific needs of refugees, particularly vulnerable groups, identified during the selection process flow through to the agencies responsible for providing post-arrival support. Efforts to prevent fraud in the resettlement process, including through the use of biometrics. Refining UNHCR s Best Interest Determination (BID) procedure for refugee children, to ensure that child protection issues are adequately captured and reflected in operating procedures. POST-ARRIVAL ISSUES A series of breakout groups discussed a range of issues relating to post-arrival support services and settlement challenges faced by refugees. These included: The role of family in successful settlement: This discussion emphasised the key role of family support in ensuring successful settlement but noted a number of barriers to family reunion, including lack of funding for travel, limited access to legal advice, 3 Further information on the campaign can be found at RCOA report on 2012 UNHCR-NGO Consultations, ATCR & Side Meetings page 10

11 accommodation requirements and inconsistencies in the application of family reunion policies. Participation of refugees in the settlement process: This discussion focused on the unique skills and insights former refugees can bring to agencies providing post-arrival settlement services. Several examples were provided by AMES, the largest settlement service provider in Australia, of successful models for engaging former refugees in the settlement process. These included seeking refugees feedback on service provision, involving them directly in the delivery of services and supporting them to engage in advocacy on behalf of their communities. Partnerships with the business/private sector: This discussion focused on the opportunities, risks and benefits relating to partnerships between agencies delivering settlement services and the business/private sector. Opportunities highlighted in the discussion included tapping into social responsibility programs and identifying skills shortages in particular areas, such as in rural and regional Australia. Risks included exploitation by employers and the potential for the mental health needs of resettled refugees to go unmet. Benefits included enhancing workplace participation, opening up opportunities for placements and internships, expanding the funding base of settlement agencies and creating a more welcoming labour market for refugees. Preparing receiving communities for resettlement: This discussion focused on strategies for fostering community support both for individual refugees and resettlement programs more broadly. The discussion emphasised the importance of engaging with local communities before refugees arrive, sharing information amongst all agencies working with refugees and supporting local agencies to address the needs of highly vulnerable refugees. A strong message to emerge from this session was the need to understand settlement as a two-way process, requiring efforts on the part of both resettled refugees and the local communities into which they are settling. KEY OUTCOMES AND ISSUES TO TAKE FORWARD At the end of the ATCR, the Chair identified a number of key outcomes from the this year s meeting and the Working Groups on Resettlement held in October 2011 and February 2012, as well as a series of issues requiring further follow-up. These included: The creation of a larger pool of emergency resettlement places. The option of additional Emergency Transit Facilities to provide safe accommodation for refugees currently being processed for resettlement, who face imminent risks in countries of asylum. The need to explore further opportunities for the strategic use of resettlement in priority situations, with the suggestion that host countries such as Kenya and Ecuador be invited to participate in some aspects of ATCR discussions. The implementation of pledges made at the 2011 ministerial-level meeting to commemorate the 60 th anniversary of the Refugee Convention. The creation of a central database of resources and examples of good practice in resettlement processing. Maintaining the participation of resettled refugees in the ATCR. Ensuring continuity of discussions and follow-up of issues from one year to the next. Lucy Morgan Information and Policy Officer Refugee Council of Australia RCOA report on 2012 UNHCR-NGO Consultations, ATCR & Side Meetings page 11

12 APPENDIX 1 REFUGEE RESETTLEMENT: EXPANDING ITS REACH AND EFFECTIVENESS THROUGH BROADER NGO PARTICIPATION Summary of session held at the 2012 UNHCR-NGO Consultations, 3 July, Geneva This session focused on the role international and local NGOs can play in the resettlement process, including through the identification and referral of refugees for resettlement, the provision of services to particularly vulnerable refugees in countries of first asylum and resettlement countries and assisting in the development and maintenance of welcoming communities in resettlement countries. It also aimed to provide opportunities for NGOs to learn from one another and from UNHCR about the different ways in which refugee protection and resettlement intersect. The session consisted of a roundtable discussion in a plenary format, followed by two break-out sessions that allowed participants to engage in meaningful dialogue and develop concrete recommendations for moving forward. One break-out session was dedicated to issues relating to refugees in countries of first asylum. This session was further divided into subgroups, one focusing on best practices in service provision in countries of first asylum and the linkages between these services and those in resettlement countries, and the second on NGO resettlement referrals. The other break-out session focused on the importance of NGOs working in partnership with resettlement communities to ensure that refugees start their new lives in welcoming environments, as well as highlighting examples of the work of NGOs in assisting particularly vulnerable refugees to access the support services they need as they begin to integrate into their new homes. Key points raised in the plenary session It is important establish better linkages between the UNHCR-NGO Consultations and the Annual Tripartite Consultations on Resettlement in order to create opportunities for more NGOs to engage in resettlement discussions and to better inform the ATCR discussions with diverse NGO opinions. Resettlement needs far outstrip available resettlement places. UNHCR estimates that 172,000 refugees need to be resettled this year. For 2013, projections are that 181,000 are in need of resettlement. In spite of these great needs, there are only 80,000 resettlement spaces available. The 26 resettlement states should increase their resettlement numbers and more countries should establish resettlement programs. Not all of the available resettlement places are filled. Last year, 61,000 refugees were resettled despite around 80,000 places being available. The gap between the number of resettlement slots and those who are resettled is largely due to processing delays, including those resulting from security screening processes. It is important that UNHCR maintains a high level of resettlement submissions. Due to the inaccessibility of several key refugee operations due to security concerns, including security situations for Iraqis in Syria and Somalis in Dadaab, selection missions have been curtailed. Resettlement countries need to increase the use of video conferencing for interviews and the use of Emergency Transit Centres. Resettlement must be used strategically. Because only a very small proportion of refugees will actually be resettled, it must be used in such a way as to benefit the majority of refugees who are not resettled, such as through better integration opportunities and an improved protection climate in host countries through offering RCOA report on 2012 UNHCR-NGO Consultations, ATCR & Side Meetings page 12

13 reassurance to host countries of international commitment to address major refugee situations. It is important to continue to explore and use resettlement as an integral response in emergencies, as was done during the Libya crisis. The investment in post-arrival integration is essential, as is the development of benchmarks for successful integration. Key points raised in the Countries of First Asylum break-out session: There are strong connections between the needs of refugees in countries of first asylum and the challenges that many face in resettlement countries. Unfortunately, all too frequently, information about these needs in countries of first asylum is not shared with resettlement service providers in resettlement countries. NGOs have successfully used three models to participate in the identification of cases for resettlement: referring protection cases to UNHCR, directly referring cases to resettlement governments and deploying staff to UNHCR. The role of NGOs in outreach to and identification of particularly vulnerable refugees is essential. NGOs work very closely with their clients and are frequently in the best position to identify those for whom resettlement is the best option. UNHCR needs the assistance of well-placed NGOs to reach out to refugees in need of resettlement to refer to UNHCR. UNHCR and NGOs need to work more closely to develop a framework for partnership that would allow NGOs to refer refugees to UNHCR in a more streamlined fashion on a global scale. Key points raised in the Resettlement Countries break-out session: Successful integration goes beyond meeting the acute needs of refugee upon arrival. It involves establishing foundations for welcoming communities that will enable refugees to flourish and contribute to society. Developing welcoming communities includes engaging all members of the community in a way that builds supportive networks. This includes strengthening relationships with schools, medical and mental health providers, civil society, religious and ethnic-based organisations, and other community leaders. It also involves engaging in dialogue with people who might not be supportive of refugee resettlement. Dialogue and education are key to dispelling myths and garnering support. The media can be an important player in this effort. Issues in Europe: o Resettlement numbers in Europe are very low. A new initiative is underway to resettle 20,000 refugees in Europe by o There are many integration challenges in Europe, including a political and social climate in which there is a general lack of political will to engage in positive public discussions about migration; high levels of xenophobia; time-limited integration interventions; different levels of resourcing for integration in different member states; and challenges with housing availability. o Best practices in European integration efforts include the development of personalised integration plans; communities self-identifying as being welcoming to refugees; and the Save Me program in Germany, which includes city-based advocacy for resettlement, the collection of pledges from local communities to assist refugees and lobbying cities to support resettlement. It is a grassroots effort that has proven to be successful. RCOA report on 2012 UNHCR-NGO Consultations, ATCR & Side Meetings page 13

14 Issues in Australia: o In Australia, the post-arrival support provided to refugees is based on a partnership between NGOs and the Australian government. o Successful integration programs in Australia are based on assessing clients strengths, needs and goals. o NGOs provide a variety of programs for vulnerable refugees, including family support programs, community orientation, youth support programs, employment training, mentorship and leadership development and cross-cultural awareness. o NGOs in Australia also engage in community consultations with refugee communities to jointly identify challenges and solutions. o It is important that refugees who have gone through the resettlement experience are involved in providing post-arrival support to other refugees. Key recommendations and conclusions 1. Resettled refugees must be actively engaged in the development and implementation of post-arrival services for their communities. 2. Information about the needs of vulnerable refugees (e.g. women at risk, elderly refugees, LGBTI refugees, disabled refugees, survivors of torture and trauma) must flow to resettlement countries and service providers in order to ensure that tailored services are available to refugees upon arrival in resettlement countries. 3. States and donors should provide funding to strengthen safe shelter opportunities for especially vulnerable refugees who are waiting to be resettled. These safe shelter options must be contextually appropriate. 4. Resettlement states should increase the number of emergency resettlement places, and resettlement states which do not have emergency resettlement programs should ensure that they can resettle urgent cases within no more than six weeks. Furthermore, both UNHCR and States must improve their capacities to identify cases in need of emergency resettlement. 5. UNHCR should increase the transparency at all levels of the resettlement process. Panelists Plenary session: Paul Power, Chief Executive Officer, Refugee Council of Australia (moderator) Johannes Van Der Klaauw, Senior Resettlement Coordinator, UNHCR Alexandr Galkin, Country Director for Ukraine, Hebrew Immigrant Aid Society Kay Bellor, Vice President for U.S. Programs, International Rescue Committee Countries of First Asylum break-out session: Alexandr Galkin, Country Director for Ukraine, Hebrew Immigrant Aid Society (moderator) Martin Anderson, Operations Officer, RefugePoint (moderator) Duncan Breen, Senior Associate, Refugee Protection Program, Human Rights First Karina Sarmiento, Country Director, Ecuador, Asylum Access Robert Carey, Vice President, Resettlement and Migration Policy, International Rescue Committee RCOA report on 2012 UNHCR-NGO Consultations, ATCR & Side Meetings page 14

15 Resettlement Countries break-out session: Kay Bellor, Vice President for U.S. Programs, International Rescue Committee (moderator) Anastasia Brown, Director of Resettlement Services, United States Conference of Catholic Bishops Petra Hueck, Head of Office, Europe, International Catholic Migration Commission (ICMC) Dr Melika Sheikh-Eldin, Manager, Settlement Partnerships, AMES RCOA report on 2012 UNHCR-NGO Consultations, ATCR & Side Meetings page 15

16 APPENDIX 2 NGO STATEMENT TO 2012 ANNUAL TRIPARTITE CONSULTATIONS ON RESETTLEMENT In a world where 7.1 million of the 10.4 million refugees under UNHCR s mandate live in protracted situations without access to a durable solution, the NGOs participating in the ATCR dialogue were dismayed to see that resettlement declined again in The annual total of 79,784 refugees resettled under UNHCR and non-unhcr resettlement processes was the lowest in four years and the fifth lowest in the past two decades. The 2013 Global Resettlement Needs document highlights the huge gap between resettlement needs and capacity to resettle. However, in reality, the Global Resettlement Needs document gives a very conservative estimate of the numbers of refugees whose lives could be transformed by resettlement, given the huge numbers of refugees left with no durable solution. We welcome the fact that the question of countries filling their available resettlement quotas is on the agenda of this ATCR. With resettlement places in such short supply, it is deeply disappointing to see countries regularly fail to fill their annual quotas, particularly those countries with very modest quotas. We urge government officials to do everything possible to ensure that valuable resettlement places are not lost. A key reason for the current shortfall in meeting resettlement goals is the impact of national security screening processes. NGOs acknowledge the need to manage security risks and support measures to identify individuals who pose serious and credible security threats. However, we remain very concerned about the lack of transparency and due process in security screening and questionable accuracy of some decisions, and the unnecessary trauma this creates for people in need of protection. We welcome the note released by UNHCR in December 2011 entitled The Effects of New US Security Screening Measures for Refugees, and urge not only the United States, but all resettlement countries, to pay careful attention to the concerns raised in this document. In addition to ensuring that all available places are filled, we urge governments to consider how to make the best possible use of scarce places. Given that voluntary repatriation and local integration are also becoming increasingly elusive, it is especially important to consider how resettlement can be used as a strategic tool to achieve protection dividends for people other than those being resettled. In light of this, it is particularly discouraging to note that the countries which have seen the largest numbers of refugees resettled from their territory have done little or nothing to improve the lot of refugees living in their country. We particularly draw attention to Thailand, Malaysia and Nepal, which between them have seen the resettlement of more than 160,000 refugees in the past five years, close to half the global total, yet have done little to improve their very poor records in refugee protection. In the past we have seen important achievements in refugee protection stemming from the strategic use of resettlement which clearly demonstrate that more can be done to extend the benefits of resettlement beyond the individuals being resettled. We believe this matter needs much greater collective attention from UNHCR and the governments involved in the ATCR process. After almost two years of deadlock, negotiations on the Joint EU Resettlement Program for 2013 were successfully concluded in March European NGOs welcome the adoption of the program, a decision that has important political value as a gesture of solidarity with refugee hosting countries and that is the first fundamental step towards a fully functioning Union Resettlement Program in the future. RCOA report on 2012 UNHCR-NGO Consultations, ATCR & Side Meetings page 16