InterAction Refugee Policy Working Group Reaction to Zero Draft of the Global Compact on Refugees

Transcription

1 InterActin Refugee Plicy Wrking Grup Reactin t Zer Draft f the Glbal Cmpact n Refugees The New Yrk Declaratin was instrumental in recmmitting Member States t glbal refugee prtectin and establishing an internatinal cmmitment t a mre equitable sharing f the burden and respnsibility fr hsting and supprting the wrld s refugees. While articulating internatinal reslve t better respnd t the needs f refugees and the cmmunities and cuntries which hst them, the Declaratin did nt detail hw such cmmitments wuld be realized in practice. The Glbal Cmpact n Refugees (GCR) shuld prvide greater specificity fr hw a mre cmprehensive and predictable respnse t large-scale refugee mvements can be pursued. While the zer draft f the GCR presents a welcme visin f what success wuld lk like sustained financial and ther supprt fr refugees and hst cmmunities, enhanced natinal respnse capacity, imprved sciecnmic cnditins fr refugees and hst cmmunities, and enhanced effrts t find durable slutins it lacks specificity and des nt prvide a radmap fr hw thse gals wuld be attained. The dcument presents a menu f general ptins interested Member States can fllw withut utlining specific mechanisms required t harness a glbal respnse that wuld break the status qu and ensure better utcmes fr refugees and hst cmmunities. In this sense, it des nt live up t the spirit f the New Yrk Declaratin and will becme a missed pprtunity if nt further strengthened. While utlining several areas critical t a whle f sciety refugee respnse, there is a trubling lack f fcus n prtectin cncerns in all aspects f the Draft. The GCR shuld be riented arund maximizing prtectin space fr refugees at all stages f displacement and nt lse sight f this as the internatinal cmmunity drives tward an expanded menu f slutins. Refugees arund the wrld face increased challenges in the frm f detentin, frced and premature return, and the myriad vulnerabilities that emerge when displacement drags n fr years withut adequate assistance. Therefre, any Glbal Cmpact adpted shuld emphasize refugee rights and ensure that enhanced refugee prtectin is the ultimate metric f success in glbal respnsibility sharing fr refugees. The fllwing are areas f the draft Cmpact where we identify psitive mmentum tward a mre rbust glbal respnse t refugee crises and thers where we nte cncern: Hst State Leadership Several f the prpsed mdalities fr respnsibility sharing enhance the leadership rle f hst states, including in establishing natinal crdinatin arrangements, develping cmprehensive plans, and hlding slidarity cnferences. This is a psitive develpment as experience has shwn an imbalance in relatins between dnr and hst States, ne in which the latter ften did nt have the ability t shape the internatinal respnse t its needs r natinal develpment plans. The Draft shuld cntinue t evlve in this psitive directin, prmting the leadership f hst states in supprting refugees n their territry, shaping the necessary parameters f an internatinal respnse, and aligning pverty reductin strategies with humanitarian respnse effrts. 1

2 Optinal = Status Qu The Draft uses qualifying language thrughut, presenting key elements f enhanced refugee respnse as mere suggestins that Member States culd pursue. Using phrases like interested states and weaker wrds like culd instead f will frames enhanced respnsibility sharing as an ptin rather than a cmmitment. The language in the Draft is weaker than that in the New Yrk Declaratin, which was adpted by Member States; it shuld instead be an extensin f this grundbreaking cmmitment, with clear steps unequivcally articulated. Anything less facilitates a cherry picking apprach t refugee respnse in which the mutually-reinfrcing pillars f respnsibility sharing between hst and ther states break dwn and prgress remains elusive. Tw-Way Respnsibility Street A key element f respnsibility sharing is the prvisin f resurces fr refugee respnse and impacted hst cuntries and cmmunities. Hwever, respnsibility sharing shuld be a tw-way street in which the internatinal cmmunity ensures adequate financing (and ther frms f supprt) while the hst cuntry strives t cntinually imprve the prtectin space fr refugees. The Draft tilts heavily tward the financing element, withut due attentin tward critical plicy and legal steps including easing civil registratin, unlcking access t basic services, and ensuring the right t wrk that can be taken in hst cuntries t imprve the envirnment fr refugees. The Draft tuches n the develpment f cuntry r regin-specific cmpacts that articulate a set f mutual cmmitments by hst States, ther States and ther relevant actrs. Cmpacts are a prmising interlcking cmmitment t reinfrcing actins that culd lead t better utcmes fr refugees and hst cmmunities. This mdality shuld be emphasized and expanded upn in future drafts. Platfrm f the Willing The prpsed Glbal Platfrm culd fulfill a catalytic rle in the respnse t certain crises, particularly if states invlved take leadership in encuraging thers t prvide resurces, technical supprt, and resettlement slts. This mdel f champin states wrked well in the lead up t the Glbal Leaders Summit n Refugees, with a set f c-chairs sliciting specific cmmitments frm hst and ther states in supprt f refugees. Effrts must be taken t ensure this platfrm is differentiated frm current bdies like UNHCR s Standing Cmmittee and riented directly tward matching (and tracking) cmmitments t cmprehensive plans develped at the natinal level in hst cuntries. In additin t establishing a Glbal Platfrm t assist with a cmprehensive respnse t specific situatins, the GCR shuld include a call fr Leaders Summits n a regular interval. This wuld allw specific, high-level glbal cmmitments t be made, and fr the cntinual engagement f plitical actrs in respnsibility sharing discussins. Cmmitments made at Leaders Summits shuld be mnitred and reprted against by pledging states t ensure fulfillment. Breaking the Slidarity Cnference Mld The Draft rightly calls fr bradening the base f supprt beynd traditinal humanitarian appeals t dnrs. Slidarity cnferences shuld be spaces t secure specific cmmitments riented tward detailed natinal plans that address several elements f prtecting refugees and supprting the 2

3 cmmunities that welcme them. These elements include cntributins frm develpment actrs t blster activities in refugee-hsting areas, cuntries cmmitting resettlement and alternative pathway slts, and even private sectr cmpanies making targeted investments and lending technical supprt tward the strategy. Beynd expanding the tent f actrs invlved in slidarity cnferences, fllw-n measures must accmpany any cnference f this nature, including effrts t ensure cmmitments are publicly reprted against. Prtectin Cncerns The Draft des nt sufficiently emphasize the prtectin f refugees in all stages f their jurney. Respnsibility sharing and whle f sciety appraches shuld priritize the safety f refugees and the prtectin f their rights during their displacement. Brief mentins f ppulatins f cncern with specific needs, including children and survivrs f sexual and gender-based vilence, are nt sufficient. Several additins shuld be made t the next draft. Areas that require strengthening include, but are nt limited t, the fllwing: An unequivcal statement f the principle f nn-refulement in the beginning f the Draft. Return t cuntries f rigin shuld nt nly be in safety and dignity, but vluntary. The additin f language arund a refugee s right t mve freely. The Draft mentins the need t pursue alternatives t camps but stps shrt at recgnizing the need t let refugees settle where they can find pprtunity and supprt. Addressing trubling language in the Safety and Security sectin arund screening arrivals and separating fighters and cmbatants at brder entry pints. Recent examples f exclusin f entire grups (e.g. men f fighting age, peple f a certain religius backgrund), highlight this as an area f significant cncern fr the prtectin f refugees if nt handled prperly. The lack f language in the Receptin and Admissin sectin underscring the need t avid detentin particularly that f children. Strengthening the language in the Vluntary Repatriatin sectin n pst-return mnitring; it is required nt simply fr gathering infrmatin n return areas, but t understand prtectin cncerns faced by returnees. Greater specificity n the Asylum Capacity Supprt Grup. We are supprtive f mechanism in thery, but it must be guided first and fremst by the cncept f asylum enshrined in the 1951 Refugee Cnventin and ther human rights instruments. Great attentin must be placed n this grup perating accrding t best practices and quality assurance. Due attentin is als required t prevent the spread f harmful asylum practices between states. Ensuring due fcus is placed n any prtectin cncerns raised while pursuing ther pathways fr admissin t third cuntries (e.g. arrangements at the cnclusin f educatin and wrk visas t ensure refugees are nt effectively refuled, ensuring children brn during alternative pathway pprtunities d nt becme stateless, etc.). 3

4 Surge Respnse t Large Scale Mvements The Draft mentins early warning, but the cncept f a trigger mechanism that wuld initiate a rapid and sufficient respnse frm the internatinal cmmunity was nt included. We recmmend a surge mechanism be included fr large scale refugee mvements. The trigger wuld mbilize system-wide capacity (in the frm f leadership, staffing, and funding) that wuld better enable the respnse including thrugh the fllwing: An immediate increase in peple and resurces frm United Natins (UN) agencies, dnrs and humanitarian partners (similar t the Inter-Agency Standing Cmmittee system-wide L3 mechanism); A surge in human resurce capacity als made available t hst cuntry gvernment refugee agencies and immigratin authrities, as well as relevant line ministries (health, educatin, etc.); An immediate review f the humanitarian leadership mdels f the sending and hst cuntries in questin; An immediate review f all UN agency and natinal develpment plans fr the cuntry(ies) in questin, including educatin, health, and ecnmic develpment; Access t emergency rapid surge funding fr refugee respnse that is nt earmarked by dnrs and can be transitined t multi-year funding after an initial nset; A multi-sectr needs assessment and respnse plan sufficient t meet the full panply f human need (fd, water, prtectin, educatin, livelihds, etc.); Hst cuntry gvernment cmmitment t rapidly prvide access fr humanitarian respnders t enable the surge, including the immediate issuance f necessary permits fr persnnel and gds. Data fr Decisin Making The Draft s emphasis n reliable, cmparable, and timely data is welcme. The data shuld be used as a basis fr cnversatins with hst states, develpment actrs, and ther stakehlders n where and what types f interventins are required t supprt refugees and hst cmmunities. Jint analysis f this data shuld lead t cllective utcme setting that will unify multiple stakehlders tward achieving jint gals. Descriptins f hw data will be used fr imprved multi-stakehlder analysis and jint planning at the natinal level are encuraged in future iteratins f the GCR draft. Welcme Link with the SDGs The linkage f refugees t natinal develpment plans and the Sustainable Develpment Gals (SDGs) is ne f the strng elements f the GCR draft. T ensure n ne is left behind, each Member State shuld incrprate data n refugees int Vluntary Natinal Reviews n the SDGs. The experience f cuntries in helping refugees and citizens in refugee hsting areas meet the SDGs shuld als be examined in aggregate at High Level Plitical Frums; this will clarify where deeper effrts are required t ensure the 2030 agenda is met. Subsequent drafts shuld underscre these pints and remve equivcal language. Mnitring fr Accuntability UNHCR s cmmitment t develping a set f key indicatrs t mnitr and evaluate prgress and utcmes is essential t the GCR s success and ensuring imprved supprt fr refugees and their hsts. Detailed and measurable evaluatin indicatrs are required fr all areas f the Cmpact, especially thse that pertain t respnsibility sharing. Data shuld be cllected in a regular and time-bund fashin and 4

5 made publicly available. This infrmatin is essential fr transparency amng stakehlders and t understand where cmmitments are falling shrt. Strengthening Educatin While the Draft acknwledges the imprtance f educatin in meeting the needs f refugee ppulatins and serving hst cmmunities, it des nt adequately address gaps in access t a quality educatin. The GCR shuld include time-bund measurements akin t thse in the recent Djibuti Declaratin, in which signatries cmmitted t integrating educatin fr refugees and returnees int Educatin Sectr Plans by the year The fllwing pints shuld be included/addressed t strengthen the next GCR draft: There is n mentin f student accreditatin. The GCR shuld call fr the develpment f reginal and natinal plicies t recgnize qualificatins held by refugees and returnees, including teachers and learners. This will enable integratin int natinal educatin systems and refugee students t pursue educatin at the level at which they left ff. Expanded access t all levels f educatin shuld include early childhd develpment. The quality f refugee educatin shuld be cntinually assessed and imprved thrugh regular mnitring, evaluatin, and data cllectin. In additin t frmal schling, accelerated educatin, flexible learning prgrams, and vcatinal training prgrams shuld be highlighted as an imprtant vehicle fr self-sufficiency and empwerment f refugee ppulatins. In additin t nting the specific needs f girls and the effects f psychscial trauma, a reference t accmmdating special needs bth physical and develpmental is critical. The reference t teachers shuld be clarified t include them als cming frm hst cmmunities and calling fr priritizatin f their accreditatin and prfessinal develpment. The GCR shuld highlight Educatin Cannt Wait (ECW) as a key mechanism thrugh which dnrs culd finance educatin and draw attentin t ECW s first replenishment cnference. The cnference culd be c-hsted by UNHCR in September 2018 in cnjunctin with the 73 rd UN General Assembly. Cntact: Kate Phillips-Barrass. Directr f Humanitarian Plicy, InterActin. kpbarrass@interactin.rg 5