Draft MFURes Rev 5
Draft February 20 2004 10 a.m.

Multilateral Framework of Undertakings On Resettlement

Preamble

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

COMMENT ON PARA 1: It should be noted that resettlement should not, in any way, depend upon the reduction of irregular secondary movements.

1. Resettlement is one of the three key durable solutions for refugees. It is also a vital instrument of international solidarity and burden sharing, particularly for protracted refugee situations. It is equally an important tool for ensuring the protection of refugees.(delete: It may help to reduce irregular secondary movements.) 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 and to use resettlement more strategically and thereby achieve durable solutions for more refugees.

2. Resettlement (delete:[will normally/may often] be) is one important element of a multilateral comprehensive approach to achieve durable solutions. In the context of such comprehensive approaches, resettlement will normally be undertaken in concert with the other durable solutions and initiatives, such as voluntary repatriation and local integration, as appropriate. There may be situations in which a multilateral resettlement response alone to a refugee situation is appropriate, but a comprehensive solution for an entire refugee population may not yet be possible. In such circumstances, the [undertakings] outlined here may also be used.

3. The following [undertakings], reached within the United Nations High Commissioner for Refugees' Convention Plus initiative, are intended to strengthen the international refugee protection system through a more strategic use of resettlement for the benefit of a greater number of refugees. Their purpose is to guide parties to situation-specific multilateral agreements, namely, UNHCR, refugee host countries, resettlement countries and resettlement partners [(delete: particularly) including ¹ the IOM and other relevant partners] in designing both comprehensive arrangements and multilateral resettlement operations. While not all of the [undertakings] will be relevant to every situation, where they are appropriate, they are to be relied upon. It is also recognized that each agreement will be unique, depending upon the specific circumstances.

   Note: The general principle formerly in paragraph 4 is now found in para. 4 and specifics are in operative section para 49.

   Note: The general principle formerly in paragraph 5 is now found in para. 4 and specifics are in operative section para 50.

4. These [undertakings] are without prejudice to:
   • UNHCR's international responsibilities pursuant to its mandate;
   • The international law obligations of States as set out in the 1951 Convention and the 1967 Protocol relating to the Status of Refugees, and other refugee and human rights law instruments; and
   • Domestic law obligations of States governing the admission of refugees into their territories for resettlement.

   Leadership and Coordination

5. In the context of a multilateral operation, UNHCR to ensure clear coordination, wide participatory planning, ongoing oversight and monitoring, and to maximise the benefits of the operation for all.

6. UNHCR to identify, at its own initiative or upon request [of another party], refugee situations that would benefit from a multilateral agreement, with priority to be given to protracted refugee situations. This analysis 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.

7. UNHCR to lead wide consultations among all relevant stakeholders, including refugees, regarding the logistical, operational and infrastructure requirements of the multilateral operation and the most time and cost-effective way to meet them.

8. All parties to examine the resource implications, including staff training needs, to meet the objectives of the multilateral resettlement operation. Each party, as appropriate, to formulate a plan of action to meet any additional resource and training requirements that are identified.

9. In some situations it may be necessary for UNHCR to launch an appeal for funding in order to meet the financial requirements of the multilateral operation. Any such appeal to include, as appropriate, the needs of UNHCR, IOM, and other partners. Such an appeal may invite countries and organizations not involved in providing resettlement places to contribute resources and lend their support by any other appropriate means. Note: This was previously para. 13 and has been moved up in the text.

10. Resettlement countries [party to a multilateral agreement] to cooperate in pledging places with the aim of meeting the identified resettlement needs and to provide undertakings regarding the number of refugees and profiles of populations to be resettled, including the timely fulfilment of agreed upon resettlement places. In this regard, resettlement countries to consult with UNHCR and partners to make best use of their respective expertise, in order to maximize the number of resettlement places being made available.

11. UNHCR to maintain an overview of the multilateral operation and to oversee its ongoing management and provide regular reports. UNHCR to organize and facilitate regular and, when necessary, emergency meetings of all parties.

12. [All parties will work to ensure that UNHCR's capacity to discharge its resettlement responsibility is adequate and/or adjusted to meet prevailing needs.]

    Timely Registration and Documentation

13. To maximize the strategic benefits of the multilateral operation, all parties to seek a full understanding of the characteristics of the refugee population so as to best delineate and coordinate their respective responsibilities. Such an understanding is particularly important for the most vulnerable refugees, including survivors of violence and torture, persons with medical needs (e.g. HIV/AIDS, mental health needs, disabilities), women-at-risk, separated children, and the elderly.

14. Host countries, with the assistance of UNHCR and partners, to register and document a refugee population in a timely manner in line with the basic guidelines set out in Executive Committee Conclusion No. 91 (LII) 2001.

    COMMENTS ON PARA 15: We would suggest the removal of paragraph 15. The use of biometric data is invasive of privacy. Using biometric data for refugee populations further dehumanises a vulnerable population that has already likely faced discrimination. (Delete: 15.[Registration preferably to include biometric data where possible.] )

15. The absence of information provided through registration should not necessarily limit the use of resettlement in emergency and/or mass influx situations.

16. At the time of registration, UNHCR, host countries, and partners to make every effort to identify all members of a family present in the host country and in other countries. Note: Formerly para. 20.

17. UNHCR, in consultation with relevant partners, to develop a resettlement identification and referral plan to be agreed to by the parties. Note: Formerly para. 19.

    Selection Criteria

18. [To meet the goal of securing protection and durable solutions for more refugees who need it, resettlement countries to be flexible in the [definition and] application of resettlement criteria provided for in national legislation and policy].

19. Under the leadership of UNHCR, resettlement countries to cooperate in the use of the group methodology for identifying groups in need of resettlement. The use of this methodology is not to preclude the application of individual selection criteria. As national legislation may dictate the manner in which individual resettlement countries deal with the referral of groups, any limitations with respect to group processing to be identified at the outset.

20. Refugees deserving and in need of resettlement not arbitrarily to be screened out of the multilateral resettlement operation solely on account of their status, condition, nationality, gender, ethnicity, religion, age, or country of origin. For refugees who are separated children, the durable solution chosen should be based on the "best interest" of the child, including in the case of resettlement.

    Family Unity

21. All parties to respect and maintain family unity, without prejudice to individual refugee preference.

22. 'Family' at a minimum includes immediate family, as provided for in national legislation or policy.

23. Consistent with national legislation and policy, resettlement countries to endeavour to use a broad definition of family, taking into account cultural variations, as well as economic and emotional dependency factors.

24. In situations where immediate family members are in the same host country, that country to permit and facilitate the unification of family members within the country. Note: The sentence that followed has been moved to the next para.

25. Resettlement countries to respect the integrity of the family when processing applications for resettlement. Where immediate family members are in different host countries, and resettlement is the preferred durable solution, resettlement countries to make every effort to facilitate reunification through resettlement of the family in one country.

26. If a refugee has immediate family members who are already established in a [participating] resettlement country, that country normally to be the first to consider an application for resettlement of the refugee, [when resettlement is the most appropriate durable solution].

27. Resettlement countries to consider how to utilize all available lawful channels to ensure the integrity of the family, including, when appropriate, through non-refugee admission procedures. Irrespective of the channels used to ensure 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 even of subsequent changes in the family unit (i.e. divorce and/or death of one parent). Transparency

28. All parties to maintain the transparency of the resettlement process, giving due consideration to the privacy needs of individual cases.

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

30. UNHCR to work with host countries and partners, as well as refugee communities, to provide appropriately targeted information and counselling to refugees on:
    • Their options for durable solutions;
    • Eligibility and selection criteria, and information on groups or types of individuals identified for resettlement by a particular country; and
    • In the case of refugees identified for resettlement, the procedures for resettlement.

    Note: This brings into this section considerations that were previously in para. 4 of the preamble.

    Integrity of Process

31. All parties to put in place management systems to deter, detect and take appropriate action against those who engage in fraudulent practices related to resettlement processes.

32. All parties to assist in any investigation of fraudulent activities and, when appropriate, countries to prosecute those within their national territories who engage in fraudulent resettlement practices contrary to their national legislation.

    COMMENT ON PARA 34: The concept in this paragraph is not part of the Core Group's objective to tackle the issue of "the strategic use of resettlement as a tool of protection, a durable solution and a tangible form of burden-sharing". The focus on non-protection movements raises the concern that the needs of persons seeking protection may not be recognised. Simply trying to detect and deter such movements does not address the causes of why there may be new arrivals. Would suggest the removal of this paragraph.
    

33. (delete:Host countries, UNHCR and partners to monitor new arrivals and put in place coherent screening processes to detect and deter non-protection related population movements. When such movements are identified, all parties to contribute to a collective response to deter them.)

    Efficient Programme Delivery

34. All parties to take advantage of the opportunities provided by approaching resettlement more strategically to reduce duplication of effort and to share information and resources.

    COMMENTS ON PARAGRAPH 36: 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.

35. Host countries to contribute to realising efficiencies by ensuring that, when possible, candidates for resettlement are (delete:located in areas) readily accessible to UNHCR, resettlement countries and relevant partners.

36. Host countries to provide regular access for the purposes of selection interviews and follow-up procedures.

37. Host countries to facilitate resettlement activities [linked to the multilateral operation] through the prompt issuance of necessary entry documentation, residence permits and internal travel authority to the staff of resettlement countries, UNHCR and partners.

38. Respecting the demands of confidentiality for security of persons, all parties to identify instances in which personal information can be shared for a legitimate purpose such as to identify special needs, share medical results, ensure the integrity of the family or for exclusion purposes.

39. UNHCR and partners to provide support to the host and resettlement countries throughout the multilateral operation. This may include arranging and facilitating interviews, assistance with the arrangement of medical examinations and transportation, facilitation of exit permission, issuance of travel documents and any other procedures integral to the resettlement process.

40. In some situations, countries and UNHCR may rely on the expertise and support, both nationally and internationally, of implementing partners to enhance the effectiveness of resettlement efforts, by engaging in activities integral to the resettlement process. Some examples include:
    • Assisting in the identification of refugees for whom resettlement is an appropriate and viable durable solution;
    • Case preparation and verification of refugee files for management by UNHCR and consideration by resettlement countries;
    • Assisting in the facilitation of resettlement countries' interview and adjudication missions;
    • 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.

41. Ensuring the smooth and effective running of the multilateral operation requires refugees to move within the host country as needed by the resettlement process. Host countries to allow movement of refugees for the purposes of resettlement countries' interview and adjudication missions, medical examinations, security checks, visas, family reunification and other pre-departure requirements for resettlement.

42. Host countries to facilitate the departure of refugees selected for resettlement, including by the timely provision of exit permission and travel documents, and to avoid taking measures which might impede the process.

    Integration Support

    COMMENT ON PARA 44 and 45: The kinds of services listed below should be mandatory. Otherwise, the rights referred to in paragraph 45 are undermined by making some of them appear optional in paragraph 44 (particularly the second bullet point on "education…, employment and health and social services"

43. The full and mutual benefits of resettlement are enhanced by measures to facilitate the integration of resettled refugees in their new communities. Resettlement countries to work with refugees, as needed, to enhance their integration. The following are some examples of the kinds of services that (delete:have proven helpful) should be provided:
    • Providing pre-departure and post-arrival orientation;
    • Providing access to education (including language training and skills development), employment and health and social services; and
    • 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.

44. Resettlement countries to accord resettled refugees secure legal status upon arrival, including civil, political, economic, social and cultural rights similar to nationals.

    Sustained and Enhanced Commitment

45. All parties to participate in the multilateral operation until durable solutions have been found for the majority of refugees involved.

46. All parties, working in close co-operation with UNHCR, to encourage the participation of countries not currently active in refugee resettlement so as to expand and diversify resettlement opportunities globally.

47. Working in close co-operation with UNHCR, all parties to endeavour to assist emerging resettlement countries that have made a commitment to participate in the multilateral operation. This can be done, for example, by providing technical support, training or, if appropriate, financial support. 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.

48. In cases in which refugees are not accepted for resettlement, all parties to continue to respond to the asylum and assistance needs of refugees until durable solutions are found. Host countries to provide secure first asylum to refugees and adhere to the principle of non-refoulement in accordance with international standards, regardless of whether resettlement places or other durable solutions are immediately available. COMMENT ON PARA 50: The reference to resettlement in this paragraph should also call on the continued use of resettlement as a durable solution and not only as a tool of protection that guarantees safety.
    

49. Resettlement countries to continue to use resettlement as a durable solution for refugees who are not included in a multilateral resettlement operation. Resettlement countries will also (delete:to) address the resettlement needs of refugees who are not included in the multilateral operation but for whom resettlement, as a tool of protection, is the only means to guarantee their safety.

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    Notes:
    1. See Informal Record, Meeting of the convention plus Core group on the strategic use of resettlement (Geneva, 24 November 2003), Forum/CG/Res/05, 12 December, 2003, paragraph 35, which reads: "While one organization wished to see it explicitly referred to as a "preferred partner", a proposal was made to set out partners in specific agreements rather than spell them out in a framework of understandings."

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