High Commissioner's Forum
UNHCR
1 October 2004

Mr. Chairman,

Thank you for this opportunity to make this intervention. We note that while these comments represent the views of many of the NGOs they do not necessarily represent the views of all NGOs present.

We wish comment on the example of the Comprehensive Plan of Action as a model for comprehensive approaches to protracted refugee situations and as central to the Convention Plus Process, in particular on the use of resettlement as a key component of this approach. We emphasise the need to understand the root causes of protracted refugee situations and support the timely and early introduction of CPAs at the beginning of crisis situations as detailed in paragraph 4.

We would like to congratulate Canada for their leadership in developing the excellent Multilateral Framework of Understandings on Resettlement. The NGO community has welcomed the opportunity to make written submissions to this process.

In particular, we welcome the move towards applying more flexible resettlement criteria to those who may not fall strictly within the 1951 Convention by drawing on the wider definitions of the OAU Convention and Cartagena Declaration.

The following statements are based on the experience of the implementation of the comprehensive plan of action. The "Comprehensive Plan of Action" (CPA), which was used to clear long-term refugee situations in Indo China, has been suggested as a model, which could be replicated in current situations.

While the CPA did successfully provide durable solutions for the majority of the refugees in these camps, there are lessons to be learned from that exercise.

We are concerned with ensuring that the method of selection of refugees or resettlement to developed countries does not result in the creation of a 'residual caseload' of people seen as having poor settlement prospects as happened in the implementation of the Comprehensive Plan of Action. These included many highly vulnerable women and children, many of whom were at extreme risk, as well as people with a disability, people with low educational attainment, and the elderly.

We note that resettlement is a continuing process and that in the past, and in some current situations, the failure to provide adequate and appropriate services in resettlement countries has led to refugees experiencing problems in resettlement and integration, and resentment from host populations.

Resettlement should be founded on the principle of resettling those in greatest need of protection and should not be used to select refugees, according to 'integration criteria', labour market needs of resettlement states or other non-protection criteria, including national security concerns. [Agenda for Protection: Goal 6,Objective 6, Points 1, 2]

• Resettlement States should avoid using domestic considerations as the primary basis for determination criteria established in regards to population categories and vulnerable groups. Rather, they should allow international needs and opportunities to take precedence thus upholding the spirit of solidarity, consensus, and achieve effective burden sharing.
• It is essential that coercion not be used in persuading members of refugee communities that resettlement is the optimum solution, putting the needs of countries of resettlement or first asylum above the needs of the refugee communities.
• To avoid the creation of a residual caseload due to restrictive selection practices, it should be agreed that the following categories of refugees meet the criteria for consideration for resettlement before other categories:

(a) refugees who are unsafe in the country of first asylum, especially those needing expedited, emergency consideration
(b) unaccompanied or separated minors for whom family tracing efforts have proved unsuccessful within a given period of time and for whom it has been determined that resettlement is in their best interest
(c) refugees in women-headed households and women-at-risk
(d) other refugees at risk, such as survivors of torture and violence, the disabled and other injured or severely traumatized refugees in need of special treatment unavailable in country of first asylum
(e) any other category of refugees not on the above list that is referred for consideration by UNHCR and NGOs.

Reception and integration services for resettled refugees must be effective and appropriate for the special needs of these particular groups/individuals.: [Agenda for Protection, Goal 5, Objective 6, Point 6]. Further, the receiving state should ensure that refugees enjoy:

(a) permanent status
(b) equality of rights and opportunities in social, economic, and cultural life of the country, especially as regards to: (i) education (from language training to higher education opportunities); (ii) labour market, through appropriate provisions in national legislation to consolidate the commitment.

Resettlement is mutually beneficial for both the refugees and the receiving countries. However, these benefits will only be realised if adequate and effective resettlement services are in place in receiving countries. These services must keep in mind the special needs of refugees who have lived for protracted periods in refugee situations. Sadly, we must acknowledge the very negative effects of such experience, which include increased trauma, erosion of self-esteem, erosion of life skills, and even erosion of culture. Refugees from protracted situations also experience multiple health problems. While there are many good models of settlement services in place in countries that have a history of refugee resettlement, few of these are designed to respond to the increased needs of refugees who have lived for prolonged periods in protracted refugee situations. Lack of effective and adequate settlement and integration services can lead to further experience of trauma, failure of successful settlement outcomes, social disharmony, and xenophobia in receiving countries.

We welcome the initiative of States in expanding their resettlement programmes, in particular the initiative of European Union countries to develop an EU wide resettlement scheme, but we emphasise that this must not replace States' obligations to asylum-seekers who arrive spontaneously.

We reiterate our strong interest in being involved in any consultations on piloting the Multilateral Framework of Understandings on Resettlement and on being involved in the development of plans relating to comprehensive approaches and in participating in the implementation steering committees.

Thank you.