Draft MFURes v.1.Rev 3

Multilateral Framework of Undertakings On Resettlement

NGO comments are included above the paragraphs and specific textual suggestions are included in the paragraphs themselves.

Preamble

1. The following undertakings, agreed within the United Nations High Commissioner for Refugees' Convention Plus initiative, seek to strengthen the international refugee protection system through a more strategic use of resettlement for the benefit of a greater number of refugees. They are intended to guide parties, namely, UNHCR, refugee-hosting countries, resettlement countries and resettlement implementing partners, in designing multilateral resettlement operations, including those to be undertaken within the framework of comprehensive arrangements to provide durable solutions for refugees. (C/1)

COMMENTS ON PARAGRAPH 2: It should be noted that resettlement should not, in any way, depend upon the reduction of irregular secondary movements.

One of the reasons for secondary movements is the lack of availability of durable solutions for refugees in the country in which they find themselves. A multilateral resettlement operation in one region may attract refugees of the same profile who are in neighbouring regions if resettlement is not also offered in those regions. This is an additional reason why resettlement must continue to be offered outside of the MFU (as noted in paragraph 4). Specific textual suggestions, in this regard, are included in the paragraph.
2. Resettlement is a key tool for ensuring the protection of refugees and for seeking durable solutions to their plight. It is also a vital instrument of international solidarity and burden sharing. (delete:and can help to reduce irregular secondary movements.) (C/1, 3 pnt. 5) The Agenda for Protection, endorsed by UNHCR's Executive Committee and welcomed by the General Assembly in 2002, among other elements, recognised the need to expand resettlement opportunities to achieve these goals.

COMMENTS ON PARAGRAPH 3: We welcome the reference to providing refugees with information. However, we believe that refugees, as the persons most affected, have an inherent right to be informed. This should be recognised in the paragraph, which as currently drafted suggests that the reason for offering information is "to avoid misunderstandings…" The paragraph should also include reference to the desirability of consulting refugees, as far as possible, about the process. Specific textual suggestions, in this regard, are included in the paragraph.
3. Multilateral resettlement operations require open communication among parties on all matters that have an impact on resettlement processing. Refugees, as the persons most affected, have an inherent right to information concerning their situation. It is equally important that refugees be consulted and provided with information on the resettlement process, to avoid misunderstandings and to ensure that the situation in the refugee host country is not adversely affected due to false information or unrealistic expectations. (R/33)

4. Even where multilateral resettlement operations are most successful, there will be refugees for whom resettlement will not be an appropriate durable solution. Moreover, there will continue to be refugees in need of resettlement who are not covered by a multilateral resettlement operation. A multilateral resettlement effort should not prejudice the security of refugees not included in the operation.

5. This MFU is without prejudice to UNHCR's international responsibilities pursuant to its mandate. It is equally without prejudice to the international law obligations of States to provide secure asylum to refugees. (R/32)

Leadership and Coordination

6. UNHCR will coordinate multilateral resettlement operations to ensure clear coordination, participatory planning, ongoing oversight and monitoring to maximise the benefits of the operations for all parties and for refugees. (R/28)

7. UNHCR and its partners will identify, at (delete:its) their own initiative or upon request of another party, refugee situations that would benefit from a multilateral resettlement operation and propose to parties an overall strategy to achieve this goal. (C/12 pnt 1; R/28-29)

8. UNHCR will lead consultations among all parties, including refugees, before the start of each such resettlement operation. Initial consultations will focus on the protection and solution needs of the refugee population, the strategic benefits accruing from resettlement and the identification of potential obstacles and constraints. Logistical, operational and infrastructure requirements and the most time and cost-effective way to meet them will be identified in consultation with resettlement implementing and operational partners, as appropriate. (T/5; R/8)

9. UNHCR will examine the staffing implications, including training needs, for the identification and referral of refugees to meet the objectives of multilateral resettlement operations and propose a plan of action to meet those needs. (R/33).

10. Participating resettlement countries to provide undertakings regarding the number of refugees and profiles of caseloads to be resettled. In this regard, resettlement countries will consult with UNHCR and resettlement implementing partners to make best use of their relative expertise, maximize the number of resettlement places available and ensure places for all those identified to be in need of resettlement. (C/2 pnt1)

11. Resettlement countries to cooperate in pledging resettlement places sufficient to meet the identified refugee resettlement caseload and to ensure the timely fulfilment of agreed upon resettlement places. (C/6 pnt 4; R/16)

12. UNHCR will maintain an overview of the strategic resettlement operation and oversee its ongoing management and provide regular reports to the parties. UNHCR will organize and facilitate regular and, where necessary, emergency meetings of all parties. (C/13 pnt 4; R/20, 31)

13. A funding appeal, developed in conjunction with implementing and operating partners, to meet the infrastructure and operational needs of a multilateral resettlement operation will be developed. This appeal will invite States and organizations not involved in providing resettlement places to contribute resources and lend their support by any other appropriate means. (R/34)

14. All parties will work to ensure that UNHCR's capacity to discharge its resettlement responsibility is adequate and/or adjusted to meet prevailing needs.(R/33)

Timely Registration and Documentation

15. To maximize the benefits of a multilateral resettlement operation, all parties must have a full understanding of the characteristics of the refugee population so as to best delineate and coordinate their respective responsibilities. (R/23)

16. Refugee-hosting countries, with the assistance of UNHCR and implementing partners will register and document a refugee population in a timely manner in conformity with the basic guidelines set out in Executive Committee Conclusion No 91 (LII) 2001. The absence of information provided through registration, however, should not necessarily limit the use of resettlement in emergency situations. (C/10 pnt 2; C/13 pnt 3; R/23, 30)

17. The UNHCR, in conjunction with implementing partners, will develop a resettlement identification and referral plan to be agreed to by the parties. (R/13)

Selection Criteria

18. To meet the goal of securing protection and durable solutions for more refugees who need it, resettlement countries will be flexible in the application of resettlement criteria to the extent provided for in national legislation. (C/7 pnt 1; R/14, 29)

19. Under the leadership of UNHCR, resettlement countries will cooperate in the use of the group methodology for identifying groups in need of resettlement. This methodology will be applied in a manner not inconsistent with individual selection criteria. It will function so as to be compatible with individual screening for medical, criminal or security purposes or to determine whether a refugee is excludable from refugee status under the 1951 Convention and 1967 Protocol. (C/7 pnt 1; R/14, 29)

20. Refugees deserving and in need of resettlement will not be screened out of a resettlement operation solely on account of their nationality, ethnicity, religion, gender or country of origin. (R/15)

Family Unity

21. All parties will ensure that resettlement programmes respect and maintain family unity. (R/17)

22. 'Family' at a minimum includes immediate family as defined in national legislation. Wherever possible, the definition of family should take into account cultural variations, as well as economic and emotional dependency factors. (R/17)

23. In situations where immediate family members are in the same host country, resettlement countries will ensure the integrity of the family when processing applications for resettlement.

24. Where immediate family members are in different host countries, resettlement countries will make every effort to facilitate reunification through resettlement of the family in one country.

25. If a refugee has close family members who are already established in a resettlement country, that country will be the first to consider an application for resettlement of the refugee.

26. Resettlement countries will consider how to utilize all available channels to ensure the integrity of the family, including through non-refugee admission procedures. (R/17) Irrespective of the channels used to ensure the integrity of the family, States to ensure that all members of the family are granted a status that guarantees the same level of effective protection, security, and access to integration, including in the event of subsequent changes in the family unit, i.e. divorce and/or death of one parent.

Transparency

27. All parties will maintain the transparency of the resettlement process giving due consideration to the privacy needs of individual cases. (C/2 pnt2; R/9, 33)

28. UNHCR, in consultation with other parties and implementing and operating partners, will develop a strategy to (delete:inform) consult with refugees on the resettlement process, (delete:to avoid misunderstandings and to ensure that the situation in the refugee host country is not adversely affected due to false information or unrealistic expectations) to ensure that refugees participate in the decision-making process on an informed basis. (R/33)

29. UNHCR will work with host countries, implementing partners, and (delete:as well as) refugee communities to provide appropriately targeted information and counselling to refugees on:

• Their options for durable solutions.
• The procedures for resettlement, the criteria and the presentation of their cases. (C/2 pnt 2; R/9, 12)

Integrity

30. All parties will put in place management systems to deter, detect and take appropriate action against those who engage in fraudulent practices related to resettlement processes. (R/9, 33)

31. All States will investigate and determine the appropriateness of (delete: prosecute) prosecuting those within their national territories who engage in fraudulent resettlement practices contrary to their national legislation. (R/33)

COMMENTS ON PARAGRAPH 32: The focus on non-protection movements raises the concern that the needs of persons seeking protection may not be recognised. Screeting of new arrivals should be geared primarily to identifying those in need of protection. The reference to "All parties" may not be appropriate: resettlement implementing partners may not have any mandate to screen or deter population movements and we believe it is not appropriate for UNHCR to be engaging in deterrence. 32. All parties will monitor new arrivals and put in place coherent screening processes, which also (delete: to) detect (delete:and deter) non protection-related population movements consequent upon a resettlement operation. (delete:Where such movements are identified, all parties will contribute to a collective response to deter such movements.-)

Efficient Programme Delivery

33. Among the benefits of multilateral resettlement operations are the efficiencies that can be gained by a pooling of resources and expertise. Time and cost savings result in additional resources to assist more refugees. States and UNHCR will take advantage of the opportunities provided in approaching resettlement more strategically by reducing duplication of effort and sharing information and resources in order to make more resettlement places available. (C/3 pnt 3; R/10, 30, 35)

COMMENTS ON PARAGRAPH 34: In some cases, it will not be reasonable to expect refugee hosting countries to ensure that candidates for resettlement are "located in areas readily accessible to UNHCR…" Refugee hosting countries should not be necessarily required to move whole refugee camps to a more convenient location.

34. Refugee hosting countries will contribute to realising efficiencies by ensuring, as far as possible, that candidates for resettlement are (delete:located in areas) readily accessible to UNHCR, resettlement countries and resettlement implementing partners. Prompt and regular access for the purposes of selection interviews and follow-up procedures will be ensured. (C/11 pnt 3; R/10, 24)

35. Refugee hosting countries will facilitate the resettlement activities of resettlement states through the prompt issuance of any necessary entry documentation, residence permits and internal travel authority, related to the resettlement activity, to the staff of resettlement countries or implementing partners. (C/7)

36. Respecting the demands of confidentiality for security of persons, all parties will identify instances where personal information can be shared for a legitimate purpose such as to identify special needs, share medical results, ensure the integrity of the family unit or for exclusion purposes. (R/9)

37. States and UNHCR will rely on the expertise and support, both nationally and internationally, of resettlement implementing partners to enhance the effectiveness of multilateral resettlement operations, by engaging in a number of specific activities integral to the resettlement process including:

• Case preparation and verification of refugee files for management by UNHCR and consideration by resettlement countries;
• Screening and identification;
• Arranging medical examinations;
• Providing pre-departure cultural orientation and integration briefings; and
• Requesting security checks, facilitating exit permission and arranging for issuance of travel documents and transportation. (C/14 pnt 1 and 2)

38. Ensuring the smooth and effective running of a resettlement operation requires refugees to move within the refugee hosting country as needed by the resettlement process. Refugee hosting countries will allow such movement of refugees, including for medical examinations, security checks, visas, family reunification and other pre-departure requirements. (C/11 pnt 14; R/25)

39. Refugee hosting countries will facilitate the departure from the host country of refugees selected for resettlement, including the timely provision of exit permission and travel documents, and avoid taking measures which might impede the process. (C/12 pnt 14; R/26)

Integration Support

40. Realising the full and mutual benefits of resettlement requires measures to enhance the integration of resettled refugees in their new communities. Resettlement countries will work with refugees as needed to enhance their integration, including by;

• Providing pre-departure and post-arrival orientation,
• Providing access to education (including language training and skills development), employment and health and social services,
• Working to engender public support, including through public relations campaigns, especially in situations where a number of refugees are resettled in a short period of time. (C/9 pnt 4; R/19)

41. Resettlement countries will accord resettled refugees secure legal status upon arrival, including civil, political, economic, social and cultural rights similar to nationals. (R/18)

Sustained and Enhanced Commitment

42. All parties will actively participate in the resettlement operation until all those identified in need of resettlement have been resettled. (C/6 pnt 4) Resettlement countries will consider multiyear resettlement commitments to facilitate long term planning. (C/7 pnt 1, R/11, 35)

43. All parties will encourage the participation by countries not currently active in refugee resettlement so as to expand and diversify resettlement opportunities globally. (C/14 pnt 5, R/12)

44. All parties will assist emerging resettlement countries (delete:who) that have made a commitment to participate in resettlement operations. This can be done, in part, by providing technical and financial support and training. Support on integration should also be provided to emerging resettlement countries by all parties, including through information-sharing about good practices in refugee reception and integration. (R/12)

45. All parties will invite States and organizations not involved in providing resettlement places to contribute resources and lend their support by any other appropriate means. (R/34)

Support to Refugees Outside a Multilateral Resettlement Operation

46. Refugee-hosting countries will provide secure first asylum to refugees, which includes adhering to the principle of non-refoulement, and complying with other obligations under international law. (C/10 pnt 6; R/22)

47. In cases where refugees are not accepted for resettlement, all parties will, with the assistance of UNHCR and the international community, continue to respond to the asylum and assistance needs of refugees until durable solutions are found.

COMMENTS ON PARAGRAPH 48: It is unclear why this paragraph calls on resettlement countries to continue to offer resettlement as a tool of protection without reference to resettlement as a durable solution (cf. paragraph 2. We underline the importance of reaffirming the importance of considering resettlement for those refugees without a durable solution. We suggest the addition of a final paragraph (see 49 below) to address this concern.

48. Resettlement countries will continue to address the resettlement needs of refugees who are not included in a multilateral resettlement operation but for whom resettlement, as a tool of protection, is the only means to guarantee their safety. (R/16)

49. Resettlement countries will continue to use resettlement as a durable solution for refugees who are not included in a multilateral resettlement operation.