54th Session of the Executive Committee of the
UN High Commissioner for Refugees' Programme
29 September - 3 October 2003

OVERSIGHT ACTIVITIES

NGO SUBMISSION FACILITATED BY ICVA WITH INPUT FROM A WIDE VARIETY OF NGOS
2 October 2003

Mr. Chairman,

Evaluation and Policy Analysis Unit (EPAU)

We find EPAU to be one of the most progressive and responsive units within UNHCR. The commitment to transparency and inclusiveness displayed by EPAU are most welcome and will hopefully serve as an example to encourage other parts of the organisation. The easy access to the documentation produced by EPAU is particularly helpful and appreciated. The analysis and recommendations in the evaluations provide insights that allow us to evaluate our own work and make improvements. It is our fervent hope that UNHCR is committed to using and implementing the results of evaluations.

Evaluations

Turning to specific evaluations, we would suggest that the follow-up to the refugee self-reliance and livelihoods evaluation should take into consideration the aspect of burden-sharing and ensure that the concept of self-reliance is not used to shift responsibility for protection to the refugee population.

The global review of UNHCR's capacity to monitor the protection, rights, and well-being of refugees, initiated by EPAU, provides an ideal opportunity to look at UNHCR's ability to perform its mandate in cases of interception. We are concerned that interception often takes place at sea or in airport zones where UNHCR, NGOs, lawyers, and other observers do not have access. UNHCR's involvement in intercepted cases, both on land and at sea, are hopefully part of this global review. An area of particular concern is when intercepted persons are sent to countries that are not signatories to the Refugee Convention. Even better would be to undertake a separate evaluation on UNHCR's ability to carry out its mandate with respect to intercepted persons.

We hope that the review will also look at the monitoring ability of UNHCR with regard to cases of forced and coerced repatriation and of refoulement. We are concerned about reports of returnees being jailed, tortured, or even killed. The apparent lack of follow-up to cases of such returns must be rectified as these signify a failure of the international protection system.

Another area that EPAU should consider for future evaluations is UNHCR's work with internally displaced persons (IDPs) within the context of the collaborative approach. How has UNHCR's stated commitment to the collaborative approach been translated into action?

In line with UNHCR's evaluation policy, which calls for NGO participation in evaluations, we appreciate the desire to work more with NGOs. In those evaluations where NGOs have been involved, we have found the process to be inclusive and the voice of NGOs to be valued. The inputs have been of mutual benefit to both UNHCR and NGOs. We look forward to undertaking joint evaluations and having EPAU respond to our suggested evaluation topics.

Implementation of Guidelines

A recurring issue throughout this year's Pre-EXCOM and EXCOM has been the lack of implementation of many excellent guidelines that UNHCR has produced. These guidelines are meant to contribute to the effective protection and assistance of refugees. We must find ways to ensure that these valuable guidelines do not just decorate our bookshelves. We would strongly support, and contribute to, the development of any implementation strategies for these guidelines. Too much important work has been done to be wasted.

Evaluations on Refugee Children, Refugee Women, and Community Services

Stronger links between protection and assistance are particularly critical in protecting refugee children and refugee women from abuse and exploitation. NGOs have long called for a community-based approach in all programming and an approach that builds on the participation of beneficiaries, including children. Such an approach is dependent upon adequate levels of appropriately trained staff. As such, the decision to respond jointly to the three evaluations on refugee children, refugee women, and the community services function is welcome.

In order to ensure that these commitments are effective, any mainstreaming of the issues can only be successful when supported by adequate numbers of staff with expert knowledge. The need to monitor progress on these commitments is particularly important. We welcome the announcement made during Pre-EXCOM that an ad hoc steering committee will be established with UNHCR staff from various sectors, governments, and NGOs.

We hope that the development of a situation analysis tool will build on the existing one in Action for the Rights of Children (ARC), which has a community-based methodology, and that it will cover both protection and assistance in all UNHCR field-based programmes. The national and regional inter-agency child-protection coordination groups started through ARC need to be broadened further to include all relevant stakeholders. Such coordination groups should be mainstreamed throughout UNHCR. Further, we are interested in hearing more about how and when the five pilot countries testing multi-sectoral work in implementing the community development approach will be identified and start working.

Internal Audit

The suggestions resulting from the internal audit in terms of producing guidelines for UNVs and consultants are welcome initiatives. We have often seen cases where UNVs and consultants could have performed better. The focus on improving the transparency of the selection process of hiring consultants should have positive results in terms of the work produced.

Inspector General's Office

The work undertaken in terms of investigations by the Inspector General's Office in following-up on allegations of abuse and exploitation is greatly appreciated. The heightened level of engagement by the IGO with the organisation and with NGOs is also welcomed. We look forward to working more closely with the IGO in possibly developing a handbook on investigations for NGOs.

Implementation of Recommendations

The plan to have the Inspector General's Office oversee the implementation of recommendations resulting from evaluations is a positive step forward. Too often, we have seen excellent recommendations being put forth in evaluations, but then see little implementation of those recommendations. Following-up on the findings and recommendations of evaluations should become a standard part of inspections.

We would also like to see inspections follow-up on the implementation of the directions in the recent IOM/FOM on "Better Meeting Needs of Refugees through Strengthened Collaboration with Operational Partners." Many of the instructions in the IOM/FOM are good and we need to ensure that the recommendations are implemented throughout UNHCR's operations.

Thank you.