United Nations Office of the High Commission for Refugees

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1 United Nations Office of the High Commission for Refugees Background Guide The United Nations Office of the High Commissioner for Refugees (UNHCR) was established on December 14, 1950 by the United Nations General Assembly. Under the mandate to lead and co-ordinate international action to protect refugees and resolve refugee problems worldwide, UNHCR s primary purpose today is to safeguard the rights and wellbeing of refugees throughout the world. Striving to ensure that all can exercise the right to seek asylum in another country and are protected against persecution of all kinds, the agency oversees a vast network of camps and coordinates with governments and organizations at the global and national levels. I: Protecting Refugees from Human Trafficking As the world continues to struggle with the current global refugee crisis, there are a number of issues relating to refugees that are becoming increasingly visible and important to address. While the issue of human trafficking has gained considerable attention over the last few decades, protecting the world s most vulnerable people from falling victim is paramount to protection of these vulnerable populations. With current estimates of around 22.5 million 1 refugees and increasing, the dangers of human trafficking are also increasing as thousands move across international boundaries everyday in search of a safer life. In recent years, there has been a considerable rise in the attention paid to addressing issues of human trafficking in the United Nations. In October 2009, for example, the United Nation released a conference paper entitled Human Trafficking and Refugee Protection: UNHCR s Perspective that drew attention to the issues relating human trafficking as they relate to refugees across the world. In this paper, the UNHCR states that while the issue of human trafficking doesn t fall under the mandate of UNHCR, it should be involved with prevention through awareness-raising activities. 2 The paper continues to provide recommendations to states on the ways in which to protect and assist victims of trafficking in general. Because of the strong link between refugee movement and human trafficking, it is becoming increasingly important for the UNHCR take on the issue and collaborate with other bodies to effectively address the issue. 1 UNHCR, Figures at a Glance, UNHCR, United Nations High Council on Refugees, Human Trafficking and Refugee Protection: UNHCR s Perspective, UNHCR, Oct,

2 Forced to leave their homes and communities out of fear of death or persecution, refugees are among the world s most vulnerable with the vast majority facing issues of poverty, organized crime, and violence as part of everyday life. With limited financial resources and a desperation to escape, many refugee fall victim to human smugglers, often promising passage to safety, often resulting in death, enslavement, and sexual exploitation. 3 Furthermore, there are a number of ways in which refugees are exploited and victimized through human trafficking. In the area around the Mediterranean Sea, traffickers often target men and older boys for slave labor, while women and children oftentimes are forced into prostitution or sex slavery. 4 In Asia, however, Burmese rebels often traffic refugees in Thai camps to be sold into slave labor. 5 Fueled by continuous conflict, the issue is only increasing in its human scope, requiring an increased level of focus from the international community. The Syrian Civil War, in particular, has provided human traffickers with an increased number of exploitation opportunities amongst refugee populations. Over the last few years, the Syrian conflict alone has created nearly 5.5 million refugees and internally displaced persons, 6 adding greatly to the challenge of human trafficking in the Middle East, with countries such as Turkey and Lebanon enduring constant influxes of refugees trying to make their way to Europe. 7 In these two bordering nations, Syrian refugees are particularly vulnerable to trafficking, with reports of prostitution rings made up of Syrian women in both nations by the U.S. Department of State and regional NGOs. 8 Syrian women and girls are also especially susceptible to being sold as wives to wealthy Middle Eastern men that travel to refugee camps in Jordan in order to find wives. 9 Protecting women in this region has proved to be challenging for the international community, noting that 635,000 registered Syrian refugees reside in Jordan alone 10, and due to the fact that most cases of human trafficking go unreported. Though Jordanian law criminalizes sex and labor trafficking, as with many other countries around the world, Jordan does not prioritize the prosecution of human traffickers. In addition to the difficulties in catching and prosecuting traffickers, an additional ongoing problem with regards to the global refugee crisis is the abuse of refugees during their travels to seek asylum. Along major migrant routes around the Mediterranean Sea, which draw 3 UNICEF USA, If You Care About Trafficking, You Should Care About Refugees, UNICEF USA, 25 Jan, Dearden, Lizzie, Refugees being forced into modern slavery by people traffickers before attempting deadly journey to Europe, The Independent, 17 Oct, Tamminem, Silvia, High Risks of Human Trafficking in Refugee Camps, Human Trafficking Center, 07 Aug, UNHCR, Figures at a Glance, UNHCR, Ibid. 8 U.S. Department of State, 2015 Trafficking in Persons Report: Syria, The Office of Website Management, 2015, 9 Tamminem, Silvia, High Risks of Human Trafficking in Refugee Camps, Human Trafficking Center, 07 Aug, Buchan, Rachel, The Syrian Refugee Crisis: A Greenhouse for Human Trafficking, Human Rights First, 03 Oct,

3 refugees from across Africa and the Middle East, refugees encounter gangs and traffickers looking to kidnap and enslave refugees that are en route to Europe. Libya, a main route for refugees traveling from Africa to Europe, experiences one of the highest migrant abuse rates in the region. It is reported that migrants passing through Libya are seven to ten times more likely to be abused than in other transit countries. 11 This abuse comes in form of enslavement, exploitation, and physical violence. Men are targeted for labor purposes, while women become victims of rape or the sex trade. These migrant women sometimes arrive in Europe pregnant with their abusers child, leading to health complications as they enter Europe. In fact, over half of migrants that arrive in Italy from routes throughout North Africa are diagnosed with some form of a mental health issue and many have physical injuries from the rapes and beatings that they have endured throughout their journeys. 12 Though the United Nations recognizes the vulnerabilities that affect refugees, The High Commission of Refugees faces many challenges in its attempt to combat human trafficking among refugees. For one, human trafficking is not a direct topic of the UNHCR and is therefore difficult to address alone, but rather requires the cooperation of a number of international bodies. The scope of the Syrian refugee crisis has also put a strain on the UNHCR, as the international community struggles to keep up with the massive influx of Syrian refugees around the globe. Global support across borders is vital in ensuring the protection of refugees against the pressing dilemma of human trafficking. Because of the huge human toll that trafficking has on refugees seeking safety and asylum abroad, the issue is of the utmost importance in addressing the current global refugee crisis; however, due to the constrains and challenges that addressing the issue entails, creativity, and thoroughness will be essential. Questions to Consider: How can the UNHCR address the problems of human trafficking amongst refugees, even though human trafficking is not directly part of its mandate? What are the indirect consequences of human trafficking in countries that do not experience the dilemma firsthand? What are steps that communities on both international and national levels can take to enforce laws that exist to protect people against human trafficking? II: Addressing the Needs of Children and the Disabled in the Resettlement Process The international community is overwhelmed with the current population of refugees around the globe. Though protections are in place to protect the overall migrant populous, two of the most vulnerable groups of refugees are sometimes overlooked and neglected. Children 11 Dearden, Lizzie, Refugees being forced into modern slavery by people traffickers before attempting deadly journey to Europe, The Independent, 17 Oct, Ibid. 3

4 and disabled individuals endure greater challenges in their attempts to seek asylum, due to scarce resources that could aid these vulnerable groups. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (A/RES/45/158) was promoted by the General Assembly in December 1990 to address the rights of migrant workers and their families, including the direct education rights of children in Article With regards to the migrant population with disabilities, the international community has embraced their challenges with Conclusion No. 110 (LXI) of 2010 that was established to promote supportive measures that assist disabled refugees against all forms of discrimination. 14 Though legislation exists, programs that aim to help refugees with disabilities are rare and those that are active are under-supported and under-funded. Over half of the globe s refugee population consists of children, 15 many of whom travel alone and endure the harsh realities of life as young migrants seeking economic opportunities and safe havens from their conflict-ridden home countries. Children are often rushed through processes of immigration and placed in crowded refugee camps across Europe that lack proper access to health care and security. In fact, of the 1.3 million people that sought asylum in Europe in 2015, nearly 100,000 were unaccompanied children. 16 The majority of these unaccompanied children that find themselves in European refugee camps are from Syria or Afghanistan, with 13% being under the age of The number of unaccompanied child refugees around the world increased 500% from 2010 to 2017, 18 with the needs of these children ranging from health to education. A study by a team of Italian doctors concluded that roughly 50% of unaccompanied migrant children 19 have a sexually-transmitted disease that is a result of sexual exploitation and/or abuse in the camps, or prior to arrival. In addition to the other challenges that such a large influx of people has on the financial and social structures of host countries, caring for children and the disabled constitutes a much greater challenge. In camps and refugee housing throughout Europe, children often lack educational opportunities and many European nations struggle to implement fair policies while also keeping their citizens best interests in mind. 20 Mental health concerns also plague refugee camps across Europe. In Sweden, reports of coma-like states of depression, also known as resignation syndrome, are increasing amongst child refugees from former Soviet and Yugoslav 13 The General Assembly, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (A/RES/45/158), The United Nations General Assembly, 18 Dec, UNHCR, Conclusion No. 110 (LXI), UNHCR, 12 Oct, UNHCR, Children, UNHCR, Collins, Lauren, Europe s Child-Refugee Crisis, The New Yorker, 27 Feb, Ibid. 18 Al Jazeera and news agencies, UNICEF: Number of unaccompanied refugee children soars, Al Jazeera, 18 May, Collins, Lauren, Europe s Child-Refugee Crisis, The New Yorker, 27 Feb, Ibid. 4

5 states. These children, who fear deportation, will often spend weeks in silence. 21 Although this mysterious side effect of life as a child refugee is relatively unknown outside of Sweden, it points to the larger-scale health consequences faced by young asylum-seekers around the world. While mostly overlooked on the global stage, disabled refugees endure some of the most pressing challenges as migrants. At 15% of the refugee population, 22 the disabled include those with physical, as well as mental disabilities. It wasn t until the Trust Fund for Handicapped Refugees was established in 1981 that the UNHCR fully recognized disabled refugees and the issues they face. 23 Presently, legal obligations exist to enforce equal rights to services for the disabled in many countries around the globe; however, the UN Convention on the Rights of Persons with Disabilities (CRPD) requires countries to provide equal access to health and emergency services to disabled individuals; codifying this principal as a global norm and imperative, with violations considered a form of discrimination under international standards. 24 Due to the lack of research and data regarding the disabled as refugees, the UNHCR often finds difficulty in developing policies. The further goal of empowering those with disabilities has been addressed in the 2030 Development Agenda, which includes the promotion of safe mobility services to aid the disabled in the refugee process. 25 With a global increase in the number of refugees since the start of the Syrian Civil War, the urgency to address the needs of children and the disabled is crucial in bettering the overall state of refugees around the world. The international community has an obligation to protect two of the most vulnerable groups of refugees and requires the support of nations around the world. Though current treaties and laws do protect the rights of refugees, a call to action is necessary in order to establish equity for children and the disabled. Questions to consider: Why is the international community responsible for protecting children and the disabled instead of individual nations? How can the state of mental health amongst migrant children be appropriately addressed on the global stage? In what ways can individual nations provide health services to the disabled as refugees? Should nations or NGOs fund health and education services in refugee camps? 21 Brink, Susan, In Sweden, Hundreds Of Refugee Children Gave Up On Life, NPR, 30 Mar, Human Rights Watch, Greece: Refugees with Disabilities Overlooked, Underserved, Human Rights Watch, 18 Jan, United Nations Department of Economic and Social Affairs, International Norms and Standards Relating to Disability, United Nations, 2004, 24 Human Rights Watch, Greece: Refugees with Disabilities Overlooked, Underserved, Human Rights Watch, 18 Jan, Division for Social Policy and Development, Refugees and migrants with disabilities, United Nations 5