Non-governmental organisations (NGOs) deeply regret the recent killings of the four UNHCR staff in West Timor and Guinea. Our thoughts go out to their families and relatives. We welcome the attention given to the issue of the security of humanitarian staff by this session of EXCOM, as well as the attention given to it by other UN bodies.

The interdependence between the humanitarian staff of UN agencies and non-UN agencies with regards to security is obvious to those present in the field. We welcome any new opportunities to engage in a dialogue with the UN agencies that take a different approach than the centralised, legalistic, top-down approach, which has dominated our relations in the realm of security matters so far.

It is critical that the position of humanitarian staff of national NGOs be an integral part of this dialogue. Embarrassingly, for example, recent reports of the killings of 11 staff of national NGOs in Guinea have gone largely unnoticed. Further efforts are being made to verify these reports.

However, most critical is the fact that our security primarily derives from the quality of protection provided to the refugees and other displaced persons we try to assist. When they are left without protection and face insecurity, humanitarian workers are also confronted with insecurity.

Last year's Kosovo crisis saw significant commitment on the part of the international community to developing new approaches to assist host countries to move refugees away from direct or potential crisis areas at the edge of Western Europe. At the time, we questioned whether, in the future, an equal level of priority and utilisation of such approaches would be repeated elsewhere in the world. The appalling situation of Sierra Leonean and Liberian refugees in Guinea today provides the answer.

The tragic events in Guinea and West Timor have once again made it painfully clear that governments are, in some cases, unable or unwilling to mobilise the capacity and/or resources to move refugees further away from international borders, to separate refugees from combatants, to disarm former combatants, and to apply the exclusion clause in a robust and rights respecting manner.

In West Timor, for example, a clear timetable by the international community should be established for disarmament and the removal and disbanding of militia from the refugee camps. It must be ensured that refugee camps are exclusively civilian and humanitarian in character and human rights observers have unimpeded access.

NGOs have welcomed the efforts of UNHCR to operationalise the ladder of options, including the initiative of the deployment of Humanitarian Security Officers. However, much more needs to be done in order to develop an effective frontline protection response, which must also include human rights monitors, law enforcement officials, and an international capacity to undertake policing tasks. We call on governments to prioritise investments in developing these capacities.

Protection

As in previous years, NGOs have witnessed the continued declining respect of governments of basic principles of refugee protection. If the Olympic Games were to hand out a gold medal for respecting and promoting the right to seek and enjoy asylum - the basic cornerstone of refugee protection -- sadly, few States would make it to the podium.

We are extremely concerned that several Western States are using the perceived abuse of the asylum system or the practices of human traffickers and smugglers, as reasons to mix refugee protection with migration control measures. Measures adopted by industrialised States, including tighter border controls, interception, or detention of asylum seekers, do have an "export value," as noted by UNHCR, but a markedly negative one.

Some States have even begun to openly question and/or have adopted measures that de facto question the validity of the 1951 Convention. Other States have even refused to become a party to this global instrument.

While NGOs have a strong appreciation for the changing nature of global relationships, migration patterns, and the greater ease of communication and travel, we believe that it is critical that the integrity of asylum not be compromised. We are concerned that States are not held sufficiently accountable for their practices that degrade the refugee protection regime.

We agree with UNHCR and many states that refugee protection is at a crossroads and, in this light, welcome UNHCR's initiative to hold Global Consultations on the refugee protection regime in order to make it more effective. We hope that statements by governments in support of this effort to strengthen the protection system do not merely turn out to be rhetoric.

It is the NGO view that the focus of these Consultations should be on the third circle which provides the real key to strengthening the protection system overall. It is essential that the consultations be of a form that enables real consultation and dialogue and that ensures the full participation of NGOs at all levels. Many NGOs expressed a significant interest in the Consultations. Given our expertise and experience with refugees, we believe that the Consultations can benefit from the wide participation of NGOs, as well as the involvement of refugees in the Consultations.

SOLUTIONS

Voluntary repatriation continues to be the preferred solution to refugee problems. However, resettlement and local integration are solutions that should be considered simultaneously. For these solutions to be durable, the international community must increase its commitment and financial support to assist UNHCR in pursuing them. It has to be noted that many of the irregular movements that tax governments result from the failure of durable solutions for refugees.

The lack of support for local integration in many cases can result in involuntary repatriation or movement to other countries as durable solutions are sought. Both host countries and donor states must work together to ensure the full respect of the rights of refugees, including their social and economic rights.

In many different parts of the world, NGOs have witnessed repatriation movements that are less than voluntary due to host-state pressures as well donor fatigue. These repatriations, in fact, violate the fundamental principle of non-refoulement.

The current repatriation of Afghan refugees from Iran is probably one such movement. We call on UNHCR to work with the Iranian authorities to ensure that refugees who do not want to return are allowed to remain. The security situation inside Afghanistan is deteriorating and there are reports of new mass displacement.

There are other cases, such as the Bhutanese in Nepal, where refugees want to return. Every effort should be made to ensure that they can do so at the earliest opportunity.

Where efforts are made in terms of peacemaking or peacekeeping to create conditions conducive to return, the root causes of the conflict must also be addressed. In Sierra Leone, for example, the 9,000 troops under UNAMSIL have been deployed without seeking to address one of the underlying causes of the conflict, namely the lucrative trade in diamonds and other natural resources. Private armies operate with impunity and action on the part of the international community is required to put an end to this situation.

Resettlement should be seen as separate and additional to the obligation of providing asylum. Resettlement quotas should not be determined on the basis of numbers of asylum seekers, but should be seen as an important voluntary contribution of States to UNHCR's search for durable solutions.

Partnerships

NGOs were disappointed with the quality of references in the Annual Paper to building partnerships. While the paper advocates the exploration of new partnerships with the corporate sector and the military, we are concerned that the critical partnerships between UNHCR and NGOs, both national and international, were given scant mention. Furthermore, it is unfortunate that the recent progress and efforts within the framework of the NGO-UNHCR Partnership in Action (PARinAC) process are not reflected.

A priority for UNHCR should be to undertake a strategic review of UNHCR's activities to ensure that UNHCR's work focuses on protection and the activities best suited to furthering this core mandate. We also call on UNHCR to be more rigorous in carrying out its mandate of protection in emergencies. In its response to crises, UNHCR should prioritise the mobilisation of "armies" of protection officers and count on other partners for the assistance side. Comparative advantages should be the basis for cooperation and coordination arrangements. In addition, emphasis should be given to ascertaining how partnerships can be developed to further strengthen protection. In this regard, the various initiatives taken by NGOs under the protection Reach Out process should be supported.

On a different note, we would like to express our deep appreciation for your work and commitment, Madam High Commissioner. Under your leadership, the state of NGO-UNHCR relations has taken great strides over the last 10 years. The size of the tribute presented to you last week during the NGO-UNHCR Pre-EXCOM Consultations is in direct proportion to the gratitude felt by the NGO community for your efforts.

Thank you.

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