3/3) A/AC.96/863: THE UNHCR'S COMPR

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Subject: 3/3) A/AC.96/863: THE UNHCR'S COMPREHENSIVE APPROACH

UNHCR DOCUMENT A/AC.96/863 - 1 JULY 1996
NOTE ON INTERNATIONAL PROTECTION
http://www.unhcr.ch/refworld
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EXECUTIVE COMMITTEE OF THE HIGH COMMISSIONER'S PROGRAMME
Note on International Protection

23. The recently-concluded CIS Conference and the intensive process of
consultations which preceded it represent an attempt by the international
community to substantiate the notion of prevention in a particular
regional context. Based on the consensus th at unmanaged mass movements in
this context could affect stability in this region, the preparatory
process encouraged the twelve countries concerned to identify and pinpoint
the scope and nature of population movements in those countries, and to
clarify t he categories of concern. The Conference provided an opportunity
for Governments and concerned organizations to consolidate their expertise
and collectively to address humanitarian issues, notably in formulating
comprehensive strategies to begin tackling the existing problems and, as
well, to avert future mass movements. By raising awareness of the
problems, and translating this into an agreed Programme of Action, a
forward-looking approach has been adopted. The success of this undertaking
by the States c oncerned will, as in all such endeavours, depend on
continued commitment to the Programme of Action, and will also require
sustained international support for its implementation.=20
=20
24. UNHCR had, in its earlier paper, identified some of the elements of a
protection framework for strategies addressing particular situations of
involuntary displacement. Protection-based comprehensive approaches would
normally include appropriate refere nce to the international refugee
instruments. Under all circumstances, non-refoulement, including
non-rejection at frontiers, must be respected. The displaced should
receive admission to safety, and UNHCR should be given unrestricted access
to persons of its concern. Their essential human rights should be
enumerated and guaranteed. Particular rights may be emphasised, including
personal security, non-discrimination, and family unity; as may the
protection and assistance needs of vulnerable groups. Securin g these
rights are important elements in confidence building for refugees, and for
the international community in assessing the viability of the agreed
approach. Benchmarks may be established which translate human rights
standards into their local context : for example, specifying what
conditions will signal the attainment of freedom of movement, freedom of
expression, or non-discrimination locally.=20
=20
25. Impartial and effective procedures for monitoring, reporting and
verification, such as those which the international community sought to
establish in Cambodia, El Salvador, Guatemala, and Haiti, are an essential
corollary to the inclusion of human rig hts guarantees, as are redress
mechanisms, and appropriate amnesties. International presence alone will
not prevent human rights abuses, particularly in the context of widespread
conflict, but it may contribute to an increase in stability and heighten
pre ssure on perpetrators. Similarly, establishing the principle of
international accountability, as with the international criminal tribunals
for the former Yugoslavia and Rwanda, can be a key aspect of restoration
of peace, reconciliation and the rule of la w. The effectiveness of these
tribunals is of direct interest to UNHCR and to prospects for larger-scale
and safe return.=20
=20
26. The broad respect for the rights of populations which is needed to
secure solutions, whether in the country of origin or elsewhere, requires
a particular climate in order to flourish. Enhancement of the institutions
of civil society, including non-gov ernmental organizations, legal and
judicial structures, and a free media, for example, as well as appropriate
legislation in accordance with international standards, may form part of
this broader environment. The provision of supportive components such as
 legal rehabilitation, constitutional reform, and technical advice may
need time, resources, and continued political commitment on the part of
all actors. The attainment of these is often difficult when the process
focuses on shorter-term goals, such as e lections, as its principal
objective. The possible contribution of UNHCR in the area of legal and
judicial capacity-building is outlined in the document (EC/46/SC/CRP.31) .=
=20
=20
27. Where persistent conflict frustrates any solution, both peace-keeping
and law and order mechanisms will be needed. Such conflicts may leave a
legacy of impunity for abuses, gangsterism and delinquency which inhibit
the enjoyment of security. Similarly , failure to demobilize or disarm
militaries, militias or factions can have severe human rights
implications. In the context of comprehensive approaches, these concerns,
as well as codes of conduct for belligerents, may need to extend
explicitly to non-St ate actors.=20
=20
28. Within this overall context, the need for State responsibility to be
acknowledged and strengthened was highlighted by the 1991 Report of the
Working Group on Solutions and Protection (EC/SCP/64, para. 54f) to the
forty-second session of the Executive Committee. The Working Group noted
that
=20
 "Acceptance of State responsibility is an element in averting mass
flows of refugees generally and in facilitating durable solutions to their
problems. This responsibility, in particular as it regards countries of
origin, includes addressing the cause s of mass flows - inter alia, human
rights violations, internal conflicts, external aggression, internal and
international social and economic injustices - in both a preventive and
curative manner, as well as facilitating the return and reintegration of n
ationals in safety and dignity."</I> An essential characteristic of the
exercise of such State responsibility is that it encompasses all citizens
without discrimination, and is not selective or circumscribed by arbitrary
temporal or other limitations. Thi s is particularly crucial in the
contexts noted by the Working Group, namely those of return and
reintegration, and prevention. In post-conflict repatriation, for example,
it is essential that the necessary amnesties are non-discriminatory.=20
=20
29. The responsibility of the State of origin cannot always be brought to
bear, however, notably where a downward spiral of anarchy and violence has
led State authority to be deemed as having collapsed, or failed. A number
of the current examples of refug ee-generating situations suggest that no
resolution can be foreseen within a reasonable timeframe without prolonged
external involvement, to seek an end to hostilities, to ensure the
protection of people, to secure the functioning of basic facilities, and
 to provide support until peace and reconciliation take root. In these
situations, the premature exclusion or withdrawal of international actors
may have a direct bearing on the durability of comprehensive strategies.=20
=20
30. Similar concerns regarding the ability of some States to assume
responsibilities relating to protection, prevention and solutions should
be borne in mind in considering regional approaches to particular
situations. Widespread instability or lack of re sources may inhibit a
given region from furnishing the components of a comprehensive approach;
in such cases, sustained international co-operation and support in various
sectors will be crucial.=20
=20
31. Various proposals have encouraged the High Commissioner to play an
active part in the identification of selected comprehensive and regional
approaches. . The Working Group on Solutions and Protection referred to
the value of regional and international initiatives aimed at encouraging
and facilitating dialogue. In 1985, the thirty-sixth session of the
Executive Committee, in a Conclusion (A/AC.96/673 para.115, 5.(i))
subsequently endorsed by the General Assembly, insisted that from the
outset of a refu gee situation, the High Commissioner should at all times
keep the possibility of voluntary repatriation for all or for part of a
group under active review, to be pursued when the High Commissioner deems
appropriate, and went on to note that
=20
"When, in the opinion of the High Commissioner, a serious problem
exists in the promotion of voluntary repatriation of a particular refugee
group, she may consider for that particular problem the establishment of
an informal ad hoc consultative group w hich...should in principle include
the countries directly concerned."</I> The suggestion actively to focus on
selected situations in this manner thus encompasses those instances where
voluntary repatriation is appropriate for all of a group; for only part
 of a group; and where a particular problem exists in the promotion of
voluntary repatriation as a solution. In those cases where voluntary
repatriation is not appropriate for all or part of a group, other
solutions and approaches will evidently have to b e identified.=20
=20
 IV. CONCLUDING OBSERVATIONS  
=20
32. The objective of protection is to secure for involuntarily displaced
populations those fundamental rights and freedoms which a State should
afford its citizens. Attaining this objective entails actively mobilising
the appropriate solution for the refu gee. As the High Commissioner has
stated, however, UNHCR can give meaning to its mandate of international
protection and solutions only to the extent that States themselves are
willing to meet their responsibilities. These responsibilities include
ensurin g and maintaining conditions which do not compel people to flee in
fear, granting asylum, creating conditions conducive to voluntary
repatriation, taking steps to meet essential humanitarian needs and
co-operating with countries on whom the acute needs we igh most heavily.=20

33. In contributing to this process, UNHCR's perspective - that is, in
viewing refugee issues neither in isolation from broader human rights
concerns, nor divorced from their inherently political context - may
assist in the identification of protection-ba sed comprehensive
approaches. Further considerations which may be relevant to such
approaches are contained in the conference room papers submitted to this
Standing Committee on ensuring international protection to all who need
it; support for legal capac ity-building, and the return of persons not in
need of international protection. A protection framework for solutions
can, in various ways, contribute to breaking vicious cycles of
displacement and violence. To this end, the support of the Executive Commi
ttee in the active identification of appropriate comprehensive and
regional strategies to address specific problems of displacement would be
welcome. </P></BODY> </HTML>