Informal Consultations on UNHCR's Convention Plus and the Forum
NGO Statement

7 March 2003

Thank you, Mr. Chairman.

We would like to thank you, High Commissioner, for inviting NGOs to participate in this meeting today.

As a starting point, let us ask ourselves a question about UNHCR's mandate. Is the UNHCR mandate only to find permanent solutions to refugee problems, that is, the problems refugees create? Or, is it also to find a permanent solution to the problems that refugees, individually or collectively, have?

A quick look at UNHCR's Statute and the Travaux Préparatoires to the Convention suggests that UNHCR's role in finding a permanent solution to the problems refugees have (such as legal status, refoulement, detention) remains intact, non-derogable, and at least equally important to solving problems refugees may create. If the Convention Plus initiative is to add something to the 1951 Convention and not to diminish something, we would urge UNHCR to keep the same spirit enshrined in the 1951 Convention, which is to solve problems that refugees have. Convention Plus must, first and foremost, demonstrate itself to be in the interests of refugees themselves.

Looking back, in the Agenda for Protection, the idea emerged to continue the discussions that took place during the Global Consultations and "to provide a forum for high-level and participatory dialogue on protection issues, emerging global themes and challenges, as well as specific protection situations, particularly those of an urgent character."

The focus of the Forum should remain on improving refugee protection, including by drawing up special agreements for this purpose. It should be borne in mind that the legal basis for the special agreements is drawn, inter alia, from paragraph 8(b) of the UNHCR Statute, which refers to "the execution of any measures calculated to improve the situation of refugees falling within the competence of the Office and to reduce the number requiring protection."

Convention Plus could provide a process for developing concrete responsibility-sharing arrangements, but to be effective must include a strong protection component. We, therefore, urge that any "special agreements" conducted under the auspices of Convention Plus and the Forum are located firmly within the broad spectrum of international refugee and human rights law. These special agreements should be prioritised on addressing the needs of refugees, rather than those of powerful states. Any concrete agreements to address specific refugee situations negotiated in the Forum should be done in an open, transparent, and participatory manner, with NGO participation.

We welcome the views of many delegations supporting NGO participation and would emphasise that the consultations leading to special agreements should also include NGO participation, given our direct work with refugees.

Thank you.