Participation of NGOs within EXCOM

Prepared by the International Council of Voluntary Agencies (ICVA) on the basis of NGO Responses Solicited for the 27 January 2004 Consultation

Further to the NGO input provided at the consultation on 27 January 2004, we thought it might be helpful to further elaborate on some of the proposals raised so that they might be included in the Chairman's written proposals that are being prepared prior to the next consultation.

Participation
There are three main aspects related to NGO participation in EXCOM and each should be considered separately.

Time-Limit
The first is the time period over which NGOs are invited to participate in EXCOM. Currently, there is a time-limit (in the past this has been either one or two years) for NGO participation. After this time period, EXCOM revisits the decision regarding NGO participation. Each time that the EXCOM has revisited the decision, there has been recognition of the contribution of NGOs in UNHCR's work on behalf of refugees and the time-limit has been extended.

States and UNHCR have expressed appreciation for the positive contribution made by NGOs during Standing Committee and Executive Committee meetings. Appreciation has also been expressed about the positive contribution from NGOs provided during the Global Consultations on International Protection.

Given the added-value of NGO contributions to these processes, we would propose that the ability of NGOs to participate in EXCOM as observers would be provided without a time-limit. Such a change would be in-line with the recent decision to remove UNHCR's mandate time-limit. It would also be in-line with Article 71 of the UN Charter, which refers to consultations with NGOs.

Criteria for NGOs' Participation
The second issue, which then arises, is the criteria regarding which NGOs are invited to participate in EXCOM. Currently, NGOs that are ECOSOC accredited or that are ICVA members are allowed to participate. There are, however, a number of NGOs that work with UNHCR in the field that do not fall into either of these categories, including a number of UNHCR's implementing partners. In order to ensure that NGOs that work with UNHCR on a regular basis are also able to participate in EXCOM, it is proposed that the criteria for participation be broadened to also include implementing and operational partners of UNHCR, in addition to those with ECOSOC accreditation and that are ICVA members. Implementing partners would be those that have contracts with UNHCR, whereas operational partners are NGOs that work with UNHCR, but do not directly implement programmes for UNHCR. UNHCR field offices could verify which NGOs are UNHCR's operational partners. By extending the criteria, the direct experiences of NGOs that work with refugees can be better brought to EXCOM.

NGO Statements
The third issue relates to the number of statements that NGOs are allowed to deliver at Executive and Standing Committee meetings. Currently, NGOs are permitted to deliver one statement per agenda item. There are different views among the NGO community as to what is the ideal situation with regards to NGO statements.

There is unanimity among NGOs that the number of NGO statements should not be reduced from what it is currently, i.e. "one statement per agenda item." Many NGOs feel that this situation of "one statement per agenda item" is not an optimal one and would hope that more flexibility could be allowed. More "flexibility" would entail having the space to deliver more than one statement (i.e. two or three) if there was a strong desire to do so. It would still be left to NGOs, through ICVA, to decide how to organise these statements and to decide which NGO would address which agenda item. There is no desire, on the part of NGOs, to have a large number of statements, as that would certainly dilute the message.

The Conclusions Process
NGOs recognise and appreciate that Conclusions are a process of negotiations between governments. At the same time, there can be increased room for NGO input into the substance and text of the Conclusions. There are two proposals that are suggested, which are complementary. The first way in which to bring NGO expertise into the process would be to have an NGO expert participate in the Conclusions process. The person would be chosen by NGOs, through ICVA, for their expertise based on the topics being discussed. In order to bring a broader range of NGO expertise and experience into the process, draft text of the Conclusions could be shared with NGOs so that they could provide consolidated suggestions, through ICVA.

Link between Pre-EXCOM and EXCOM
The Pre-EXCOM Consultations between UNHCR and NGOs have been evolving into a more dynamic forum where various topics are discussed. The remaining challenge, however, is to make a real link between what is discussed during Pre-EXCOM and what is discussed during EXCOM.

In recent years, there have been a number of attempts to encourage governments to participate in Pre-EXCOM so that governments would be aware of the issues of concern to UNHCR and NGOs. However, government participation has often been limited by the fact that Standing Committee is scheduled at the same time as Pre-EXCOM.

One first step to improving the linkage between the two meetings would be to increase government participation by ensuring that other UNHCR meetings (including Standing Committee) are not scheduled at the same time as Pre-EXCOM. Other issues related to the timing and substance of Pre-EXCOM will also be examined by UNHCR and NGOs to find other ways of improving the linkage between the two meetings.

(1 March 2004)