Standing Committee of the Executive Committee
of the High Commissioner's Programme
(29th Meeting)
9-11 March 2004

Agenda Item 3 (ii) (e)
Statement on Behalf of NGOs on Africa

Mr. Chairman, Distinguished Delegates,

This statement has been drafted in consultation with, and is delivered on behalf of, a wide range of NGOs.

Before turning our focus to several thematic issues, we would first like to turn our attention to two serious ongoing conflict situations.

Sudanese Refugees in Chad and IDPs in Darfur

The first is the troubling situation in Western Sudan in Darfur and the resultant flight of refugees into Chad. The recent creation of camps away from the border and the relocation of refugees to these new locations is a positive step in terms of protection. There are, however, daily new arrivals and thousands of refugees remain near the border where regular incursions across the border into Chad continue. The protection and assistance gaps for these refugees near the border are greater than for those in camps and must be filled. We are concerned that at the current level of operations, UNHCR may not be able to move all the refugees away from the border before the rainy season begins. The situation of those displaced inside Darfur is also of extreme concern, particularly given the lack of access to the area. The UN must ensure that its coordinated response to these IDPs ensures that their protection and assistance needs are met.

Northern Uganda

The situation for IDPs in Northern Uganda is increasingly critical, as witnessed by the recent killing of civilians in a camp. The protection of IDPs is inadequate and must be a priority for the international community. The existing gaps can no longer continue, particularly with regards to protection. It is unacceptable that the international community stands by while innocent civilians are deliberately targeted.

Durable Solutions

Coordinated actions are required to bring about durable solutions for refugees or they will remain elusive. We appreciate the recent initiatives to work together to achieve durable solutions. However, we would also like to stress the fact that the international community should be more proactive in encouraging host countries to adopt a more generous policy towards refugees while it assists those same countries in fulfilling their obligations towards refugees. Responsibility-sharing is an important principle that must be put into practice when it comes to implementing durable solutions.

Voluntary Repatriation and Reintegration

We reiterate the core messages of our intervention during the Dialogue on Voluntary Repatriation and Sustainable Reintegration in Africa: refugee reparation must be fully voluntary; preparations for return must be made with a view to real sustainability; and return must not always be automatically privileged as the sole solution when peace returns to a country of origin.

NGOs urge caution on overhasty preparations for the return of Sudanese refugees and also warn that the situations in the Democratic Republic of Congo, Liberia, and Burundi remain very fragile. It is important that return to Rwanda continues in conditions of full voluntariness. States hosting refugees from these countries should be encouraged and supported to continue providing protection further to their obligations under the 1951 and AU Refugee Conventions. Refugees should not be forced to repatriate against their will either as a result of harassment by local authorities or targeted reduction in humanitarian assistance.

It is also vital to ensure that the return of refugees does not add pressure onto the IDP populations that already exist in a country, otherwise emerging peace situations could be jeopardised. Sudan, Burundi, Somalia, and Liberia, all have large IDP populations and the return of refugees must be interlinked with durable solutions for the internally displaced. The capacity of a country to support large numbers of returning refugees must be taken into consideration in any return operations.

Adequate preparations and support for future return to Burundi is needed, particularly with regards to critical questions surrounding land rights and security, including the reintegration of former fighters and finding solutions for IDPs. We are concerned that refugees in Tanzania are under strong pressure from the Tanzanian authorities to return. We call on the Tanzanian government to continue to provide asylum for refugees and to ensure that any repatriation be fully voluntary.

In the Democratic Republic of Congo, the safety of refugees cannot be sacrificed to a desire to consolidate peace dividends. The security situation in Eastern DRC is precarious, with scant regard for human rights and a practically non-existent system of justice and accountability. It is essential that MONUC maintain its presence if there is to be any chance of improvement in the situation. Ideas for repatriation into Eastern Katanga province are worrying given that there are still refugees fleeing continuously.

While the situation has certainly improved in Angola, we must ensure that return of refugees is not premature - refugees should not be repatriated to unsafe conditions. Angolan refugees should be able to have access to the range of durable solutions. Many Angolan refugees in Zambia have spent several generations in exile and should also have access to local integration.

The situation in Liberia presents a hopeful step forward for the return of refugees and IDPs in a country where more than one-third of the population are displaced. The recent pledges by the international community for US$550 million are a first step that must be followed up with long-term commitments to the reconstruction of Liberia. Without such support, the risk exists of the peace being undermined.

UNHCR must be supported in the exercise of an independent and expert judgment in relation to decisions both to promote repatriation and to commence consideration of the application of the cessation clauses. There have been a number of serious incidents where UNHCR, and in some cases individual staff members, have been put under improper pressure with respect to matters surrounding reparation.

Local Integration and Refugee Social and Economic Rights

We note the recent appeal from the World Food Program with respect to the looming food crisis in East and Central Africa where hundreds of thousands of refugees are threatened with ration cuts.

In other areas, such as Zambia, although repatriation has not been completed, funding to programming has been reduced. Such cuts inevitably act as a push factor, reducing the ability of refugees to rightfully return voluntarily.

It is also important that adequate funding is provided for the community service sector, including in Southern Africa - such programmes are not only important in their own right, but contribute to security and stability, as well as to potentially supporting the 4Rs.

NGOs suggest that the lessons learnt from the Zambia initiative with respect to development for local and refugee communities might be replicated elsewhere. The initiative also needs to be encouraged to focus on helping long term integration of refugees, in addition to its quick impact effect.

NGOs urge that States be encouraged to grant citizenship to refugees who have been living for many years in protracted refugee situation, for example in Kenya and Zambia. Such a move would help refugees to become self-sufficient.

Resettlement

NGOs continue to have concerns about the effectiveness of resettlement programmes, particularly those that are designed to provide emergency protection capacity. In Kenya, partner NGOs report that refugee women at risk are in a specifically vulnerable situation as a result of difficulties within the system.

We urge greater exploration of how resettlement can be used as part of a holistic approach to durable solutions, including through the ongoing work through the Convention Plus process on resettlement. The use of resettlement to provide a durable solution for refugees in protracted situations should be also prioritised.

Protection of Refugee Women and Children

Refugee women and children continue to lack basic safeguards and protection. In Kenya both in Kakuma and in Nairobi the situation is particularly dire. Ongoing studies are showing that one of the major risk factors for some vulnerable women is the failure of protection measures by both UNHCR and NGOs. We all have a joint responsibility to ensure that the needs of women at risk are better met. We must also realise that for programmes to be successful requires a sustained commitment and that results will not necessarily be seen overnight.

Alarms have also been raised about the prevailing situation facing women and children the IDP camps in Bunia and in the Ugandan refugee camps in DRC. The presence of large numbers of military personnel, including peacekeepers, who are near or next to refugee and IDP camps, requires basic safeguards for women and children to be put into place to ensure their protection. Proactive operations and preventive measures from the side of the humanitarian community are needed as the vulnerability of the situation of women and children often condemns them to a code of silence. It is often difficult for violations to be voiced when they occur, which thus distorts the picture of the security situation.

We would also highlight the need to ensure that special attention be paid in repatriation operations to the needs of victims of sexual and gender-based violence through psycho-social support efforts and targeted programmes to enable their reintegration into communities upon return.

Protection of Refugees in Africa and International Refugee Policy and Practice

NGOs note that States outside the region are beginning to explore ways of conducting foreign and development policies in ways that will reduce the number of asylum seekers and refugees from Africa being able to reach, and then achieving permission to stay within, their borders. Proposals under discussion range from the negotiation of readmission agreements with African States and the situation of transit centres in the region, to channelling development funding towards achieving 'regional protection zones,' and expanding resettlement programs.

European countries must assume their responsibilities for asylum-seekers arriving at their borders. The attempts by European countries to process asylum claims in countries in the regions of origin is a form of burden-shifting and not burden-sharing. This attempt to burden-shift to countries that are already shouldering much of the responsibility for welcoming refugees must end. Such attempts raise serious questions vis-à-vis the accountability of governments to fulfilling their responsibilities under the 1951 Convention.

Thank you, Mr. Chairman.