1. Capacity-building in all countries is essential to the protection of refugees and internally displaced people.

The international refugee regime, commemorating its 50th anniversary this year, was based on a shared commitment that refugees deserve protection in all countries to which they flee and consequently that all governments have a responsibility to meet international standards in providing that protection. The need for capacity-building is thus not restricted to particular regions, but rather is needed in all places to ensure that refugees are protected.

Attention to strengthening procedural safeguards cannot succeed without a political commitment to assuring that the basic human rights of refugees and other displaced people are met. In this regard, we urge states which have not yet ratified the 1951 Convention, the 1967 Protocol and other relevant human rights instruments to do so. We also urge governments to lift any restrictions or reservations they may have with respect to these instruments and to ensure that they are fully incorporated into national law.

Strengthening the supervisory mechanism of the Convention, by introducing greater accountability for implementation of Convention standards, could strengthen the capacity of States to protect refugees and asylum-seekers. The lack of such a mechanism is allowing States to engage in "a race to the bottom" in protecting refugees. We note that some States have significant capacity in comparison with their willingness to afford protection to asylum-seekers; this is evidenced by the very different recognition rates between countries having similar asylum systems.

2. Building of capacity in the South and East shouldn't be used to diminish granting of asylum in the North.

It is essential that all governments and societies develop their capacities to provide protection to refugees and to internally displaced people. This will, of necessity, involve work on a number of levels - from accession to international legal instruments to development of national legislation and procedures for fair and humane refugee determination processes. It also involves support to NGOs and development of adequate independent monitoring of refugee/displaced protections - including, for example, the use of detention and everyday security risks faced by refugees in camps. We are concerned that the closure of UNHCR offices in certain countries gives a negative impression to States to implement obligations and deliver protection.

The responsibility for dealing with refugees is a responsibility of all countries in the world. Some governments have suggested that capacity in countries which neighbour refugee-producing countries should be strengthened in order to ensure that more refugees can stay in the region of origin --without acknowledging that most of the world's refugees are in those neighbouring countries. Efforts by some governments, notably in the European Union, have focused more on strengthening the capacity of Central and Eastern European governments to manage/control migration than to build their capacity to protect refugees. Similarly readmission agreements and the use of concepts of safe third countries by EU members means that countries with limited capacities face receiving larger numbers of asylum-seekers returned from other asylum countries.

The improvement of procedures for dealing with asylum-seekers in one particular country or region should not be used to restrict granting of asylum to people in another country or region. As the Global Consultations in March and the regional meeting in Cairo affirmed, capacity-building initiatives must be without prejudice to the right to seek asylum elsewhere. Building the capacity of host countries is an essential element in global refugee protection. However, if it is used as an excuse by other countries to escape from their responsibilities, the whole system of refugee protection is threatened.

At a time when governments are concerned about irregular movements, we need to be clear and honest in understanding what it means to "have found protection" as per ExCom Conclusion 58. This conclusion spells out governmental responsibilities toward refugees and asylum-seekers who have moved in an irregular manner. The conclusion states that "where refugees and asylum-seekers nevertheless move in an irregular manner from a country where they have already found protection, they may be returned to that country if:

1. they are protected there against refoulement
2. they are permitted to remain there and to be treated in accordance with recognized basic human standards until a durable solution is found for them.

We further note that countries in which there is no functioning State, or regions controlled by some other body, should not be taken as providing sufficient protection.

3. Capacity-building is a process, not a one-time initiative.

NGOs have learned that building the capacity of national institutions is a complex and long-term process shaped to a large extent by the nation's cultural, political and economic context. The capacity to protect refugees as a whole depends in large measure on overall conditions in the host country. Paras. 8-16 of UNHCR's paper, "Strengthening Protection Capacities in Host Countries," spells out this point, noting the goal of anchoring refugee issues in the development agenda as well as in the context of human rights. Training of immigration officials, for example, is not sufficient in countries where government officials are poorly paid and are expected to supplement their income through extra-official means. Nor is it enough for outside institutions to organize a massive one-time training event for large numbers of immigration officials. The development of a positive climate for the reception of asylum-seekers requires a concerted effort to work with the media and political leaders. Legislative initiatives -- such as anti-vilification laws, codes of conduct for politicians, and enabling NGO activity -- may be an important part of such efforts in countries where they do not yet exist.

Capacity-building is a process which requires sustained commitment and which is needed in all countries and in all regions. We note the importance of the regional dimension in these efforts; it is important that capacity be built throughout a particular region rather than concentrating such efforts on only a few countries in that region.

Many UN bodies are engaged in capacity-building initiatives, but a lack of coordination sometimes limits their effectiveness. Development assistance and training in human rights are provided by UN and bilateral government programmes which could be used to strengthen the capacity to protect refugees. Similarly, the International Organization for Migration is engaged in capacity-building for migration management, but these initiatives could include an explicit focus on refugee protection as well. In general, protection capacity can be increased by strengthening the links between emergency and development. Similarly NGOs who work on refugee issues need to work more closely with NGOs working in other fields. By adopting common policies on such issues as foreign aid, poverty reduction and bans on the sale of arms, States can strengthen protection capacity in the regions. Capacity-building in the area of refugee protection contributes to the development of States as a whole. For example, local integration of refugees contributes to poverty alleviation and restoration of infrastructure, as well as confidence-building.

Within the NGO world, NGOs have long recognized the importance of working to develop their own capacities and to support partners. We have learned several things in this process: that investment in people (seminars and workshops, on-the-job training, educational opportunities, exchanges, travel) is as important as investment in material resources; that stable, secure, multi-year funding is essential to development of planning, strategic thinking, and implementation of programmes; that capacity-building is a continual on-going process which requires both nurturing and monitoring; that investment in technology can be extremely productive but is never sufficient on its own; that capacity-building must be based on a firm commitment to human rights; and that, at its best, capacity-building is a mutually-enriching process. Capacity-building must be followed up with investments in institution building. There are many cases where capacity without resources has remained idle between disasters and unavailable during an emergency.

Capacity-building of national institutions and NGOs is the only way to provide sustainable, just and consistent protection to refugees and internally displaced people.

We endorse the principles for capacity-building offered in UNHCR's paper (Annex I: "Core Components of strategies to strengthen protection capacities") and the emphasis on fostering the growth of "protection networks" in civil society. We especially encourage the development of capacities of refugee communities, as affirmed by both the Cairo meeting (8.4c) affirmed and the UNHCR paper (section D). In this regard, capacity-building initiatives targeting refugee women is particularly important. We are also encouraged by the large number of initiatives presently underway as outlined in Annex II "Initiatives to Strengthen Protection Capacities" (although noting the importance of ARC which was not included in the listing.)

UNHCR supports capacity-building of NGOs by providing a forum for NGOs to come together and by providing a coordinating function - in addition to its more openly labeled capacity-building initiatives. We encourage UNHCR to include a discussion of capacity-building in the context of resettlement and note particularly the conclusions of UNHCR's International Conference on the Reception and Integration of Resettled Refugees (April 2001) in which integration and capacity-building are linked. The capacity of new resettlement countries to resettle and integrate refugees should be encouraged. We further note the important emphasis on capacity-building of the "Community Service report" adopted by the Standing Committee in March 2001. Community-based approaches to building capacity tie community service with social protection, of groups with special needs, such as children. This approach is intended to harness responsibility within the community. NGOs will actively support these initiatives, but they also will require the support of Governments.

4. NGOs have an important role to play in international protection and efforts to increase the capacity of national governments must also include NGOs.

In all regions of the world, NGOs play important and varied roles in protecting refugees and internally displaced people. NGOs draw attention to unmet protection needs in specific situations and provide information unavailable from other sources. For example, reports from indigenous NGOs, often channeled through international NGOs, often serve as early warning of potential refugee crises, although they are rarely given the attention they warrant. Governments must allow NGOs to develop and play a role in protection which is effective and independent. In almost all countries, NGOs advocate with their governments on behalf of refugees and internally displaced people. In some countries, such as Canada, NGOs work closely with their governments to enhance protection through initiatives like gender-related persecution (guidelines, training, etc.) In other countries, such possibilities may be limited. In countries where it may be too dangerous for national NGOs to denounce protection problems facing refugees, they may work through international NGOs or "umbrella" organizations to ensure that "the word gets out."

Most obviously national and local NGOs may be the only providers of protection in war-torn countries when the international community withdraws. In East Timor, the withdrawal of the international community in the face of escalating violence following the referendum for independence, meant that local NGOs and particularly churches were the only bodies providing protection to endangered people. The withdrawal of the international community from Sierra Leone in 2000 largely abandoned the population to competing armed groups. But indigenous NGOs, churches, inter-religious groupings and the Red Cross, remained behind.

In many parts of the world, the assistance provided by NGOs serves to protect people who would otherwise find themselves facing protection problems. Urban refugees and asylum-seekers not recognized as refugees are particularly vulnerable to exploitation or violence. Often national NGOs are key organizations providing both protection and assistance to this group. Training of NGO staff, including social and health workers can be an important means of enhancing the ability of NGOs to provide protection to refugees. Such workers may be unfamiliar with the particular needs of refugees and offer inappropriate advice unless they are provided with the necessary training and orientation. The lack of expertise in dealing with refugees may also be applicable to officials assessing claims as well as those involved in other aspects of protection. Training in communications at all levels is necessary, including between NGOs and refugee communities, between NGOs and governments and between NGOs. NGOs play an important role in overcoming conflict between refugee and host communities where it arises. Much more should be done to enhance the emergency response capacity of both NGOs and governments.

NGOs who are providing traditional assistance, such as delivering food, may be drawn into providing protection in a more direct fashion. For example, the International Catholic Migration Commission was tasked with providing assistance to groups with special needs in Kosovo after the NATO intervention. Most of this caseload were Serbs, many of whom were isolated and were afraid to go out of their barricaded homes. ICMC staff found themselves not only delivering food, but also escorting the Serbs to doctors, informing peacekeeping forces about their presence and trying to secure necessary protection to prevent attacks on their homes.

Particularly in societies without stable democratic governments, investment in building the capacity of local NGOs is crucial to providing protection to refugees, asylum-seekers and internally displaced people. Information-sharing and the development of networks among NGOs is often an important resource for NGOs and should be encouraged. Efforts to strengthen accountability mechanisms, such as the Sphere project, provide an important reference point for capacity-building initiatives. One of the notable positive achievements of the Conference of Independent States (CIS) process was the development of capacity of civil society and particularly the development of legislation for NGO activity. The Reach-Out Training Project, an NGO initiative, is currently providing training in protection to NGOs working with refugees; we hope that this initiative will encourage further training efforts within NGOs and the broader civil society. Awareness of international standards and human rights instruments as well as training in responding to the concrete protection needs of uprooted people is essential. A rights-based approach to building protection capacity is essential in situations of mass influx as well as the inter-relationship between those situations and individual asylum systems.

Capacity-building has become a popular phrase in the past few years and we are glad to see it as a topic on the agenda of UNHCR's Global Consultations on International Protection. But capacity-building is a complex phenomenon requiring sustained commitment. All of the NGOs at this meeting have been involved, in one way or another, in capacity-building discussions or programmes. We have a lot to offer to your discussions. We encourage you to talk with us and to involve us in capacity-building initiatives.