Report on the Reach Out/PARinAC Meeting for the Middle East and North Africa

Tunis 6-9 November 2000

1. PURPOSE

To bring together NGOs and UNHCR participants from 14 countries in the Middle East and North Africa to:

1. Strengthen Collaboration in Support of the International Refugee Protection System
2. PARinAC and its principles and structures

2. PARTICIPATION

At the joint invitation of UNHCR and ICVA, and with the administrative and logistical support of the Arab Institute for Human Rights (AIHR) in Tunis, NGOs and UNHCR staff from Algeria, Arab Republic of Egypt, Bahrain, Iraq, Jordan, Kuwait, Lebanon, Libyan Arab Jamahiriya, Mauritania, Morocco, Saudi Arabia, Syria, Tunisia, Republic of Yemen, met in Tunis from 6-9 November 2000.

3. BACKGROUND AND SETTING

The meeting took place in a region where countries have a tradition of generous response to those in need, including refugees. Many countries in the region face complex situations, which include refugees and displaced persons. The challenge to deal with and find solutions makes the need for partnership in action between NGOs and UNHCR all the more important.

4. COUNTRY REPORTS

Country reports were presented by many countries, in Arabic, French and English. These reports are annexed to this final report. The Report will be in two parts one covering the PARinAC meeting on 6-7 November and the other covering Reach Out on 8-9 November.

PARinAC

5. INTRODUCTION

Various opinions arose from rich debates and presentations delivered by fourteen Arab countries which highlighted the many achievements made in the region as regards the principle of asylum granting. Some Arab countries confirmed their commitment by signing the 1951 Convention. A sizeable number of participants hope that the other Arab countries will ratify both the Convention and the 1967 Protocol and will promulgate national laws to ensure refugee rights and protection.

6. LESSONS LEARNT

Main items raised through country experiences

1. preventive work to eradicate the causes of asylum seeking;
2. to reinforce emergency relief;
3. main services: medicare, nutrition, clothing, literacy courses, schooling, vocational training, micro-projects, weekly markets;
4. raising awareness of the refugee cause, and advocacy;
5. extending and upgrading NGO staff capacity by many ways and particularly training;
6. targeting fragile groups of refugees such as the old, the disabled, women, children and prisoners;
7. publication and information sharing. Participants noticed that publications in Arabic improved since the Amman meeting in 1997 and that many UNHCR documents were translated into Arabic. This trend should be reinforced as all participants concerned are prepared to use high-tech info-media.
8. Country experiences reflected richness and diversity. There is a myriad of NGOs with different mandates and areas of activity as they went beyond national and regional levels into an international dimension. Their financial and human resources vary widely. The debate then focussed on the concrete ways to optimize this diversity through co-operation between and among NGOs in the whole region.

7. OBSTACLES

The presentations and debates identified a number of obstacles, which hinder NGO efficiency:

• limited financial resources;
• lack of trained staff;
• lack of high-tech means and capacity to use them;
• lack of international participation
• Particular conditions endured by some Arab countries quagmired in human rights violations such as occupied Palestine and Syrian Arab Golan, and hardships due to the embargo imposed on Iraq bereaving its people of their basic rights.

8. GENERAL SUGGESTIONS TO REINFORCE NGOs

1. developing mechanisms of co-ordination among NGOs both locally and regionally to identify common projects;developing programmes to upgrade NGO capacity to plan, assess and follow-up projects and mainly institutional capacity;
2. paying special attention to specialized training that should meet the region's needs namely in the fields of preparedness to emergency, protection and information about international standards and mechanisms;
3. hiring volunteers whose costs should be shouldered by governments concerned and donors;
4. developing mechanisms of information sharing among NGOs through state-of-the-art technology namely Internet;
5. boosting NGO participation in international fora to strengthen their ties with the international human rights movement at large and specifically refugee rights groups namely ICVA. Hence, relations with international organizations will be reinforced;
6. strengthening co-operation between refugee protectionists and human rights NGOs and further sensitizing civil society at large to the refugee cause (organizations, unions, media, private sector).

Participants placed emphasis on the necessity to reinforce the role played by civil society and NGOs so as to improve their legal status, and ensure their independence and the full transparency of their mechanisms. They also called for the identification of practical ways to strengthen dialogue and co-operation between the local governments in the field of refugee protection.

9. UNHCR-NGO PARTNERSHIP

Participants highlighted the fact that UNHCR-NGO partnership improved through the PARinAC process. The Arab participation in UNHCR's activities and PARinAC improved. This partnership should be furthered by

1. developing mechanisms of UNHCR-NGO co-ordination taking into consideration the actual needs and abilities of NGOs. More flexibility is needed between UNHCR and NGOs;
2. furthering the association of local NGOs to refugee protection activities in order to reinforce the Arab position in UNHCR;
3. more co-ordination to rationalize the use of resources on the basis of the above-mentioned knowledge of local specifics. Arab NGO efforts should be included in the official documents of UNHCR;
4. facilitating the flow of information between and among UNHCR headquarters, its local focal points and NGOs namely through the Arabic website;
5. encouraging a durable dialogue between NGOs and UNHCR and launching common awareness-raising and protection projects;
6. publication of UNHCR documents in Arabic should be further developed and such documents should be made accessible to all, NGOs and the public at large.

The concept of PARinAC should be unified according to the Framework Agreement. It should be considered as the basis for further unified co-operation between UNHCR and NGOs.

10. ELECTION OF REGIONAL FOCAL POINTS

The following were elected as NGO Regional Focal Points:

• Mr. Abdelbassat Ben Hassan, AIHR (Tunisia)
• Ms Eva Issa, MIZAN (Jordan)
• Dr. Abdalrahman Bin Abdalaziz Suweilim, Saudi Red Crescent Society (Kingdom of Saudi Arabia)

Report on the Consultations Between UNHCR and Humanitarian and Human
Rights NGOs in North Africa and the Middle East on Strengthening
Collaboration in Support of the International
Refugee Protection System*

The Hilton Hotel, Tunis, Tunisia, 8 to 9 November, 2000

Summary

Representatives of 31 humanitarian and human rights Non-Governmental Organizations (NGOs) based in North Africa and the Middle East met with senior officials of the United Nations High Commissioner for Refugees (UNHCR) in Tunis, Tunisia on 8-9 November, 2000. It was the third of four planned regional "Reach-Out" meetings to take place** and its purpose was to discuss ways to improve collaboration in support of the international refugee protection system. Discussions were held on a non-attributable basis, and were conducted with the assistance of an independent Moderator and two Rapporteurs, one from an NGO and one from UNHCR. The meeting was conducted in Arabic, French and English, with the assistance of interpreters. The Agenda, the list of Participants, and the Conclusions/Recommendations reached during the meeting are annexed.

Throughout the discussion, participants reaffirmed the primacy of several principles relating to the fundamental rights of refugees, the inter-relationship between protection and assistance, and the nonpolitical nature of granting asylum.

The main conclusions and recommendations of the meeting fell within four broad categories:

Collaboration: Information-sharing is the basis of effective collaboration. Participants agreed that posting information on the UNHCR or ICVA website, holding regularly scheduled meetings, and organizing joint-training opportunities with all actors involved in refugee protection (government officials, police, military, judiciary, the media, teachers, students, etc.) would improve the collective response to refugee needs and reduce refugee protection problems.

Capacity: It is imperative to translate into Arabic all relevant documents pertaining to the rights of refugees and internally displaced people. NGOs also expressed a keen interest in participating in training courses focusing on refugee protection policies as well as on operational practices and procedures.

Advocacy: There is a legal vacuum regarding the protection of refugees in various countries within the region. Participants agreed, however, that effective refugee protection can take many forms and that it is appropriate to tailor advocacy approaches to address the particular situation in each country. That said, participants generally agreed that efforts must be intensified to create a culture of refugee protection, solidarity and tolerance in each society. Accession to international conventions, as well as the creation of national enabling legislation should be pursued. Advocacy efforts should also reach-out to other interested members of society, including students and journalists.

Activities: Women must play a more central role in developing refugee policy and programs, and efforts must be made to include them at the planning and implementation stages. It was suggested that NGOs should create a "Best Practices Handbook" for use in assistance operations and protection activities.

Discussion

I. The Current State of UNHCR-NGO Collaboration on Protection

UNHCR acknowledged the importance of the Partners in Action (PARinAC) structure, which was the subject of discussion for the first two days of the Tunis conference. One important aspect of PARinAC is to facilitate consultations between NGOs and with UNHCR. It was thus agreed that the Reach-Out portion of the conference would focus more on the broad topic of refugee protection rather than on building a consultative process.

UNHCR observed that the international refugee regime is facing a variety of challenges on many fronts, such as: recurring cycles of violence, human trafficking, difficulties in securing local integration, irregular movement, urban refugees, political interference, etc. Problems are growing as solutions are waning and countries are increasingly ignoring their obligations to provide safe asylum and to respect the rights of refugees.

To address many of these concerns, UNHCR has just launched a global consultation process with member States, refugee experts, academics, NGOs and other interested parties. The process will review international and national laws and policies, to consider how States interpret their obligations under the 1951 Convention and its 1967 Protocol. The consultations will also examine the "gaps" not or only partially covered by the Convention, such as standards of treatment of asylum seekers, the return of failed asylum seekers, etc.

There is a certain "like-mindedness" between NGOs and UNHCR that lends strength to their partnership to improve refugee protection. It was observed that the provision of refugee protection is not easy: it is fundamentally conflictual, and often raises extremely sensitive political issues. Yet NGOs have skills that can help to break down barriers. NGOs can reach within their own communities to build local support for refugees, and their familiarity with laws, customs and political attitudes are invaluable in forging new pro-refugee policies and approaches. UNHCR urged the NGOs to build upon the region's reputation for extending hospitality to strangers and to consider creating a regional refugee protection Declaration.

II. Advocacy and Promotion of Protection Principles

It was observed that if refugee rights are a part of human rights, than the crisis of human rights in the region has a serious and negative impact on refugees' rights to legal status, physical protection, material assistance, family unity, etc. NGOs generally agreed that it is imperative to advocate for greater respect for refugee rights, but some questioned their preparedness and capacity to approach their governments and community members. Others noted that promoting respect for refugee rights is challenging given that respecting refugee rights often imposes costs on the asylum country, in the form of emergency assistance, housing, food, increased population, demand for jobs, etc. Acknowledging that there are competing demands for resources in every society, it is not surprising that the call to provide assistance to refugees is not universally popular. On the other hand, a few participants pointed out that religion and custom support respect for individual rights, and that this should be emphasized in advocacy and promotion campaigns.

UNHCR commented that although some countries in the region have signed the 1951 Convention/ 1967 Protocol, none had any national enabling legislation. It is essential to create rational, legal procedures for addressing the needs of refugees so that humanitarianism, not politics, forms the basis for treatment. Officials in charge must use law, not just ad hoc approaches, when finding solutions for refugees on their territory. The fact that there are no deterrent measures in place to penalize those who violate norms that have assumed the status of "customary" law is regrettable, as continued violations (and a sense of impunity) undermine the credibility of the Convention. UNHCR urged NGOs to participate in the debate, noting that if NGOs are not active in the discussion, they cannot make change, but those who participate may influence the system positively.

One participant suggested that more must be done to expand general knowledge in the Arab region about refugees "beyond the Palestinians," and to review the needs of other refugee groups seeking protection, such as those fleeing various African countries. It is important to learn about the many good practices conducted in the region and to disseminate information about those practices to other countries.

Practical suggestions for promoting protection principles, or indeed, to create a "culture of human rights" includes the following:

• Conduct human rights training sessions for journalists and other members of the media;
• Work with lawyers' groups and the judiciary to provide information on universal rights standards and examples of legal practice in other countries; urge them to create rights-based laws pertaining to refugees, asylum seekers and the internally displaced; and seek their active role in providing legal advice and assistance to refugees and asylum seekers;
• Courses in refugee protection should be offered to government officials, both political and military.
• Include human rights information and case studies in elementary and high school curricula, paying particular attention to tolerance, solidarity, and legal principles;
• Include refugees in promotional campaigns advocating for better national refugee laws and policies;
• Produce advocacy guidelines for the benefit of all NGOs interested in promoting refugee rights;
• UNHCR will ensure that some places are reserved for Arab participants at the San Remo Institute for Internatioanl Humanitarian Law. The course is intended for students with the capacity to train others;
• ICVA urged NGOs to work through their PARinAC focal points to participate more directly in UNHCR Standing Committee and Executive Committee meetings, convened in Geneva throughout the year with senior UNHCR , government and NGO officials;
• A member of a Red Crescent society urged participants to examine the Code of Conduct, and to disseminate information about those accepted standards to government officials and other members of the community;
• UNHCR has appointed a Goodwill Ambassador for the Arab region, who will disseminate information about refugee protection principles and good practice.
• One NGO participant stated that NGOs do not have the status to ask governments to accede to international Conventions. That is the responsibility of UNHCR.

III. Dealing with Specific Protection Situations

There was a strong feeling among the participants that to play a useful role in addressing specific protection situations, NGOs must have better access to information and the decision-making process. NGOs often know "how to get things done" in their own countries and are routinely called upon to assist with sensitive protection cases (e.g. women victims of violence) and cope with large influxes of refugees into their countries. Their contribution to the formulation of policies and procedures is therefore valuable, but not always sought by UNHCR in the region. Several NGOs noted that refugees should also have input into formulating policy. Refugees are obviously the most affected by forced relocation, inadequate asylum and danger of refoulement. NGOs expressed concern that without greater input from refugees, any protection response designed by UNHCR will be incomplete.

One NGO provided a detailed description of how it assists refugees with registration, education, vocational training, small business enterprise, marketing products, etc. These activities support refugees and enable them to survive in often difficult asylum situations. The NGO works with community volunteers and through their effective intervention, they reduce the likelihood of future refugee protection problems.

Some practical suggestions to improve information sharing and decision-making include:

• UNHCR (perhaps with an NGO partner) should issue a general newsletter every three months, describing the current situation and outlining problems and good practices;
• Posting information on a website might be a useful way to share information, and some participants expressed interest in the ICVA/PARinAC website, although ICVA's limited translation capabilities is problematic. If an Arabic NGO wishes to establish their own website, ICVA would like to create a hyper-link to that site;
• Investing in the PARinAC structure in the region and lending full support to the elected focal points;
• Each country should develop a coordinating body consisting of government officials, NGOs and UN agencies to address refugee issues;
• One NGO that provides humanitarian and legal assistance to rape victims stated that it is essential to have full access to UNHCR so that emergency problems can be solved expeditiously. To get the most out of such a partnership, both partners must interact with each other regularly and to exchange information, often on a confidential basis.

IV. Building Protection Capacity in Field Operations

As was mentioned repeatedly throughout the meeting, NGOs expressed a need to meet with UNHCR regularly both to understand and to influence the development of refugee policy in their region. Through close consultation, NGOs stated that they would learn more about protection concepts, while providing UNHCR with necessary information and advice about local capacities, community views, and refugee needs (including their psychological needs). NGOs welcomed opportunities to learn more about international protection principles, as well as about field-oriented operational techniques to improve refugee protection.

Several NGOs requested specific training on the Refugee Status Determination procedures employed by UNHCR. Many are interested in providing assistance and would welcome opportunities to offer interns to UNHCR to gain more actual experience.

The NGO rapporteur described the new global Refugee Protection Training Project, initiated by the European/North American Reach-Out Steering Committee. The Project will conduct 29 three-day workshops and 9 training-of-trainers courses in various locations around the world over the next three years. The workshop will use Protecting Refugees: A Field Guide for NGOs as its course book, and target mid-level NGO staff. The workshops will focus on providing basic information about refugee protection principles, as well as consider practical protection activities that NGOs could take to improve problems within their area of operations. At least 200 scholarships will be made available for NGO staff that would otherwise be unable to attend the workshop.

UNHCR explained the current financial situation affecting UNHCR's operations around the world. It is now virtually impossible to consider adding additional international staff to existing offices. To the extent possible, UNHCR is converting some international programme and administration posts to national posts and using the extra money to hire international Protection Officers. Hopefully, this will strengthen its protection capacity in the region. UNHCR's budget to provide material assistance to refugees is declining, as well. This means that they are relying more and more heavily on NGOs to provide for refugees' needs. UNHCR urged NGOs to take the opportunity to improve refugee protection while they are providing assistance. It is important to recognize that NGOs and UNHCR do not have the same mandate, but there is an overlap.

V. Next Steps in Developing a Protection Partnership

The participants considered a set of recommendations drafted during the course of the meeting.*** UNHCR observed that the PARinAC structure is well developed in this region and the elected focal points are in a good position to take many of these recommendations forward with UNHCR and with their fellow NGOs. UNHCR's NGO Coordinator encouraged NGOs to try to attend the annual three-day Pre-Executive Committee Meeting held each autumn in Geneva. The meeting provides an opportunity for NGOs from all over the world to meet with UNHCR to discuss issues of concern, many which focus on refugee protection. Although the elected regional PARinAC focal points will certainly be attending the meeting to make presentations on regional issues, all NGOs are welcome to participate. NGOs that have status with ECOSOC or are ICVA members are welcome to attend the UNHCR/Government Executive Committee Meeting as observers. That meeting is held directly following the pre-ExCom meeting. During the ExCom meeting, NGOs have an opportunity to make a joint statement about each agenda item. ICVA helps to coordinate those interventions.

In every partnership it is important to have a sense of predictability: how each partner will react to situations and determine needs as well as suggest realistic responses. Protection cannot be done by just one agency; rather, a "triangle of cooperation" between NGOs, government authorities and UNHCR will lead to the best and most sustainable protection possible.

CONCLUSIONS/RECOMMENDATIONS

Tunis, 9 November 2000

The Arab region has a long history of hospitality. The region is diverse, and countries are responding to refugee matters in various ways. We recognize that the importance of meeting the protection needs of refugees, and that effective refugee protection can take many forms. As such, it may be appropriate that each country pursue its own approach to address the protection needs of refugees.

Principles

1. Refugee protection is based on universal principles of human rights and humanitarian action.
2. The granting of asylum is a humanitarian and nonpolitical act.
3. Refugees are entitled to humane and nondiscriminatory treatment.
4. Protection and assistance are inter-linked and should be pursued simultaneously.

Capacity

1. NGO participants encouraged UNHCR to organize additional training, using case studies, covering topics such as:

1. Refugee protection and international legal principles;
2. Mechanisms for implementing protection, including use of the Protecting Refugees: A Handbook for NGOs.
3. Incorporating protection into emergency operations;
4. Conducting needs assessments for programming;
5. People-Oriented-Planning; and,
6. Training-of-Trainers courses, to improve dissemination among NGOs.

2. UNHCR will request that seats be reserved for training courses at the San Remo Institute of Humanitarian Law for NGO representatives of the Arab region.

3. NGO participants noted with satisfaction that an increased number of relevant refugee documents have been translated into Arabic. NGOs encourage UNHCR to translate into Arabic as many documents as possible, including documentation posted on the UNHCR website.

Collaboration

1. Information-sharing is the basis of effective collaboration. It would be helpful if UNHCR and NGOs would share information on various refugee situations, particularly during emergencies. This will enable UNHCR and NGOs to better address the protection and assistance needs of refugees. Methods include:

1. Conducting regular meetings between UNHCR and NGOs; and,
2. Posting relevant information on the UNHCR and ICVA website.

2. NGOs should consider creating regional refugee councils to participate directly in discussions and papers prepared prior to UNHCR's Standing Committee and Executive Committee meetings.

3. When possible and where there is capacity, NGOs should be involved in training government officials in refugee protection principles.

4. In countries where military is involved in humanitarian operations, NGOs and UNHCR should explore opportunities to conduct joint training for interested military units, focusing on basic refugee protection, the provision of assistance, and working with civilians.

5. UNHCR and NGOs should work to bring together diverse members of society to discuss refugee protection issues.

6. NGOs should consider signing the Framework Agreement for Operational Partnership with UNHCR.

Advocacy

1. Participants recognized that there is a legal vacuum regarding the protection of refugees; therefore, efforts must be intensified to create a culture of refugee protection, solidarity and tolerance in each society.
2. In countries that are party to the 1951 Convention Relating to the Status of Refugees, NGOs should work with UNHCR to ensure effective implementation, including advocacy for appropriate national legislation. In countries which are not parties to the Convention, UNHCR and NGOs should work together to develop appropriate means of promoting refugee protection either through accession, national laws or other means.
3. NGOs and UNHCR should provide information relating to refugee rights and protection to members of civil society, law associations, educational institutions, the media, youth organizations, the private business sector, and government officials, including members of Parliament.
4. Particular strategies to disseminate concepts of refugee protection include:

1. Integrating refugee protection principles to elementary and high school curricula;
2. Creating a comprehensive course on refugee law and principles aimed at university students; and,
3. Offering refugee protection training courses for journalists.

Activities

1. NGOs and UNHCR expressed the need to continue addressing the specific protection, physical security and assistance needs of women refugees in all programs in the region. It is essential to consult refugee women at all stages during the assessment, planning and program implementation phases.
2. NGOs should consider developing a "Best Practices Handbook."
3. The regional NGO focal points should develop a regional quarterly newsletter covering refugee protection issues.
4. NGO representatives and government officials should consider attending the course on refugee law offered by the Arab Institute of Human Rights.