AFRICAN PARLIAMENTARY CONFERENCE Refugees in Africa: The Challenges of Protection and Solutions (Cotonou, Benin, 1-3 June 2004) PROGRAMME OF ACTION

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1 AFRICAN PARLIAMENTARY CONFERENCE Refugees in Africa: The Challenges f Prtectin and Slutins (Ctnu, Benin, 1-3 June 2004) PROGRAMME OF ACTION This Prgramme f Actin describes cncrete bjectives and strategies t supprt African Parliaments in their wrk in favr f prtecting refugees and finding durable slutins t their situatin. It aims at implementing the cmmitments cntained in the Ctnu Declaratin. Objective 1: Ensuring accessin t, r lifting reservatins n, internatinal treaties relating t refugees and stateless persns Engage in an active natinal debate in Parliament and with Gvernments, with a view t ensuring that, where they have nt yet dne s, States accede t the fllwing treaties r lift reservatins ldged at the time f accessin: (i) Treaties prtecting refugees and stateless persns Cnventin relating t the Status f Refugees f 28 July 1951, Prtcl relating t the Status f Refugees f 31 January 1967, Cnventin gverning the Specific Aspects f Refugee Prblems in Africa f 10 September 1969, Cnventin relating t the Status f Stateless Persns f 28 September 1954, and Cnventin n the Reductin f Statelessness f 30 August (ii) Internatinal humanitarian law Prtcl Additinal t the Geneva Cnventins f 12 August 1949 and relating t the Prtectin f Victims f Internatinal Armed Cnflicts (Prtcl I) f 8 June 1977, Prtcl Additinal t the Geneva Cnventins f 12 August 1949 and relating t the Prtectin f Victims f Nn-Internatinal Armed Cnflicts (Prtcl II) f 8 June 1977, The Cnventin n Certain Cnventinal Weapns f 1980 and its Additinal Prtcls, The Cnventin n the Prhibitin f the Develpment, Prductin, Stckpiling and Use f Chemical Weapns and their Destructin f 13 January 1993, The Cnventin n the Prhibitin f the Use, Stckpiling, Prductin and Transfer f Antipersnnel Mines and n their Destructin f 3-4 December 1997, and The Statute f the Internatinal Criminal Curt f 17 July (iii) Internatinal human rights law Internatinal Cvenant n Civil and Plitical Rights, 1966, Internatinal Cvenant n Ecnmic, Scial and Cultural Rights, 1966, Cnventin n the Eliminatin f all frms f Discriminatin against Wmen f 1979 and its Optinal Prtcl f 1999,

2 - 2 - African Charter n Human and Peple s Rights f 1981 and its Additinal Prtcl relating t the Creatin f an African Curt fr Human Rights f 1998, African Charter n the Rights and Welfare f the Child f 1999, and Cnventin n the Rights f the Child f 1990 and its Optinal Prtcls n the invlvement f Children in Armed Cnflict and n the Sale f Children, Child Prstitutin and Child Prngraphy f Objective 2: Ensuring full and effective implementatin f internatinal nrms relating t refugees Ensure that, beynd frmal accessin t the internatinal and reginal treaties, such treaties are effectively implemented thrugh the enactment f natinal legislatin and plicies, including prvisins penalizing vilatins f internatinal humanitarian law. Observe and implement the suggestins and recmmendatins cntained in the Handbks fr Parliamentarians titled Prtectin f Refugees: Handbk n Internatinal Refugee Law published by UNHCR and the IPU, and Respect fr Internatinal Humanitarian Law, published by the ICRC and the IPU. Cnsider initiating a review f natinal legislatin, with a view t amending, where necessary, such legislatin s as t ensure cnsistency with applicable internatinal standards. In this regard, supprt the analysis f natinal legislatin being undertaken by the African Unin and UNHCR, pursuant t the Cmprehensive Implementatin Plan (CIP), as well as that the analysis being undertaken by UNHCR in cperatin with the Eurpean Cmmissin, and ensure that the relevant recmmendatins are implemented. Make use f all parliamentary mechanisms available, including public hearings, questins t gvernment and visits t refugee camps and hsting areas, t seek infrmatin n the situatin f refugees, displaced persns and returnees, s as t take infrmed actin regarding their welfare and rights. Ensure that natinal parliaments mandate ne f their standing cmmittees t supervise parliamentary actin in relatin t refugees and internatinal humanitarian law, r establish a sub-cmmittee t this effect. Objective 3: Increasing awareness f internatinal refugee, human rights and humanitarian law Prmte knwledge f internatinal refugee, human rights and humanitarian law amng parliamentarians at natinal and reginal levels, and cperate in this effrt by spnsring r attending seminars and wrkshps rganized in cnjunctin with relevant rganizatins, such as the African Parliamentary Unin, the Pan-African Parliament, the IPU, UNHCR and ICRC.

3 - 3 - Encurage the inclusin f internatinal refugee, human rights and humanitarian law in the curricula f academic institutins, including military and plice academies and institutins. Objective 4: Imprving respnses t mass influxes f refugees Encurage the cmpetent authrities t wrk with UNHCR t ensure a mre effective emergency respnse t mass influx situatins, based n mre predictable and reliable burden-sharing arrangements. Encurage the cmpetent authrities t draw up and regularly update cntingency plans, wrking in clse cperatin with UNHCR, UN agencies and, where apprpriate, the relevant reginal and sub-reginal rganizatins. Request that natinal and reginal cntingency plans make prvisins fr cmmunity-based activities nt nly addressing the specific needs f refugees but als f their hst cmmunities. Objective 5: Diminishing dependence n humanitarian assistance by prmting self-reliance Explre the ways and means t enhance the prductive capacities and selfreliance f refugees and their hst cmmunities, as a means f decreasing dependency n humanitarian assistance and empwering them t cntribute t the develpment f the hst cuntry while in exile, and the recnstructin and ecnmic develpment f the cuntry f rigin upn return. In this regard, recgnize the central rle f wmen in any effrts aimed at self-reliance and prmting durable slutins. Welcme the fcus f UNHCR's Framewrk fr Durable Slutins n attracting additinal develpment assistance fr refugees and their hst cmmunities, and recgnize its ptential t prmte better quality f life and self-reliance fr refugees and hst cmmunities pending the implementatin f ther durable slutins. Ensure that refugees fully enjy their scial and ecnmic rights, t empwer them t becme self-reliant, giving particular attentin t vercming all frms f discriminatin, including that based n gender, age r disability. Encurage the relevant authrities t establish a database f the skills and prfessinal prfiles available within the refugee cmmunity, with a view t facilitating their emplyment and ecnmic empwerment. Include refugee-hsting areas in natinal develpment plans, and encurage develpment partners t prvide additinal funding targeted t hst cmmunities as well as refugees.

4 - 4 - Ensure the availability and access t primary, secndary, tertiary and vcatinal educatin fr refugees, recgnizing that educatin is key t self reliance and all durable slutins. Cnsider allcating a prprtin f natinal schlarships fr secndary and tertiary educatin t deserving refugee children. Objective 6: Pursuing durable slutins: vluntary repatriatin, resettlement and lcal integratin Cntribute t the develpment f a mre cherent apprach t durable slutins by integrating vluntary repatriatin, lcal integratin and resettlement, whenever feasible, int ne cmprehensive apprach fr reslving refugee situatins, implemented in cperatin with cuntries f rigin, hst States, UNHCR and its humanitarian and develpment partners, as well as refugees themselves. In develping such cmprehensive appraches, make use f the Cnventin Plus initiative and the related Framewrk fr Durable Slutins, as well as the Agenda fr Prtectin. Vluntary repatriatin Respect the right f return and the principle f vluntary repatriatin f refugees in safety and dignity. Ensure respect fr the vluntary nature f the decisin t return t the cuntry f rigin f refugees, taking int accunt the specific situatin f separated and unaccmpanied children. Ensure that natinal authrities in cuntries f asylum, cuntries f rigin and UNHCR cperate s that repatriatin takes place in safety and dignity, including thrugh the adptin f cnfidence-building measures such as tripartite agreements spelling ut guarantees, cnditins and mdalities fr the vluntary repatriatin peratins, and g-and-see visits. Take all measures t enable returnees t enjy the same rights as their fellw citizens. Prmte recnciliatin thrugh the implementatin f initiatives and prjects benefiting returnees, internally displaced persns and all members f the cmmunity n an equal fting. Call n the cmpetent authrities t cperate with UNHCR, ther United Natins agencies and develpment actrs, t gain supprt fr the effective reintegratin f returnees by implementing the Framewrk fr Durable Slutins. Encurage UNHCR and develpment partners t prvide fr the envirnmental, infrastructure and ther rehabilitatin f refugee-impacted areas. Resettlement Cperate with resettlement cuntries and UNHCR in implementing refugee resettlement bth as an instrument f prtectin and as a durable slutin,

5 - 5 - and use resettlement as a meaningful instrument f internatinal slidarity and respnsibility sharing. Encurage UNHCR and resettlement cuntries t make mre strategic use f resettlement, including thrugh the adptin f mre flexible criteria and grup prcessing, as a means t increase the number f resettlement pprtunities. Lcal integratin Acknwledge that, where refugees have develped strng family, scial and ecnmic links with hst cmmunities, it may be in the interest f the hst cuntry t facilitate their lcal integratin, thrugh granting f permanent residence and ultimately, naturalizatin. Encurage cmpetent authrities t cnsider adpting the DLI apprach (Develpment thrugh Lcal Integratin), t ensure that the internatinal cmmunity prvides adequate supprt fr the sci-ecnmic develpment f cmmunities hsting refugees. Objective 7: Ensuring the physical safety f refugees Ensure that the cmpetent authrities assume their respnsibility t maintain law and rder in refugee camps and refugee-hsting areas, with the supprt f the internatinal cmmunity when necessary. Recgnize that registering and dcumenting refugees cntributes t imprving their physical prtectin and the enjyment f their rights, and invite UNHCR t cntinue prviding supprt t African States t this end. Encurage the cmpetent authrities t cperate with the ICRC, UNHCR and UNICEF in the tracing and reunificatin f family members separated s as t preserve family unity. Request the cmpetent authrities t set in place apprpriate systems t prevent, mnitr, reprt n, and respnd, t gender- and age-based vilence, including thrugh the prsecutin f perpetratrs, and t cmbat the spread f HIV/AIDS within refugee and hst cmmunities. Encurage the cntinued develpment and implementatin f training prgrammes and ther practical measures aimed at prmting respect fr the right f every refugee t dignity and persnal security, and at prmting prtectin frm sexual abuse and explitatin. Cnsider allcating budgets t prvide treatment and cunseling t victims f sexual and gender-based vilence. Objective 8: Maintaining the civilian and humanitarian character f asylum Encurage the cmpetent authrities t ensure respect fr the civilian nature and humanitarian character f the institutin f asylum and f refugee camps and settlements. Strengthen effrts aimed at preventing all frms f recruitment f refugees fr military purpses, especially children under 18 years f age.

6 - 6 - Encurage UNHCR and ICRC t disseminate t the APU and African Parliaments, the utcme f the June 2004 Experts Meeting n Maintaining the Civilian and Humanitarian Character f Asylum, aimed at elabrating measures fr the disarmament f armed elements and the identificatin, separatin and internment f cmbatants. Encurage the cmpetent authrities in cuntries facing mixed mvements f refugees and armed elements t adpt prgrammes fr the disarmament f these armed elements and the identificatin, separatin and internment f cmbatants, seeking technical assistance and additinal resurces frm the internatinal cmmunity, where required. Encurage the United Natins and sub-reginal rganizatins t ensure that prgrams aimed at integrating frmer armed elements in pst-cnflict situatins are adequately funded, s as t cntribute t sustainable peace and security. Call n the cmpetent authrities t minimize the risk that cmbatants mve frm ne cuntry t anther, and thereby perpetuate the cycle f vilence and instability, by ensuring that natinal prcesses fr the disarmament, dembilizatin, reintegratin and rehabilitatin f cmbatants (DDRR) have a reginal dimensin. Objective 9: Cmbating intlerance and prmting respect fr refugees Sensitize citizens t the plight and rights f refugees, with a view t fstering understanding and acceptance f their presence, and raising awareness f the psitive cntributin that refugees can make t their hst cmmunities and scieties. Wrk with the media in natinal campaigns t cmbat intlerance and xenphbia and prmte peaceful cexistence. Objective 10: Prtecting and assisting internally displaced persns Acknwledge that internally displaced persns, as part f the civilian ppulatin, are prtected by human rights and internatinal humanitarian law. Reiterate the cmmitment t ensure that internally displaced persns are effectively prtected against vilatins f their rights, and that the Guiding Principles n Internal Displacement are fully respected by the relevant authrities. Objective 11: Prmting partnerships fr prtectin Strengthen cperatin between Parliaments and UNHCR in ensuring adequate prtectin f refugees and the implementatin f durable slutins including, fr example, the enactment f refugee-related legislatin, bringing t light cncerns abut prtectin and durable slutins,

7 - 7 - and sharing infrmatin abut the situatin f refugees in cuntries and their respective sub-regins. Encurage the participatin f civil sciety, including nn-gvernmental rganizatins, in matters related t the prtectin and welfare f refugees. Encurage reginal and sub-reginal parliamentary rganizatins t analyze and debate refugee prblems with reginal ramificatins, n a regular basis, and t prmte crdinated actin t address rt causes and find durable slutins. Encurage African gvernments and relevant reginal and sub-reginal rganizatins t explre the creatin f an African Fund fr Refugees t mbilize additinal internatinal resurces t assist, prtect and find durable slutins fr refugees, with internatinal supprt.