UNHCR Non Paper
NEW APPROACHES
TO MANAGEMENT
OF THE
GLOBAL ASYLUM
SYSTEM
UNHCR supports the objective of better management
of the asylum system globally. States have agreed that efforts
to improve management are best pursued in the context of meaningful
international co-operation, based on a common analysis of problems
and a convergence of interests.
The 2000-02 Global Consultations undertaken
by UNHCR with states and civil society led to an "Agenda
for Protection". The Agenda is a road-map for UNHCR and its
partners to build on the Convention so that the international
protection regime will be able to meet today's needs of States
and refugees.
This process of adding practical elements called
"Convention Plus" provides a basis for transforming
ad hoc or unilateral responses to the causes and effects of irregular
migration and forced displacement into multilateral special agreements.
It is often the lack of prospects for solutions or, in the absence
of local integration, possibilities for self-reliance, which cause
secondary movements of asylum-seekers and refugees to countries
further afield.
Special agreements could offer the possibility
to tackle such protracted refugee situations and to provide for
special solutions arrangements in regions of origin, thereby increasing
access to solutions. Since its formal launch in January this year,
Convention Plus continues to receive widespread support from the
members of UNHCR's Executive Committee.
The elements of better management of the global
asylum system include: reform of individual asylum systems; preventing
the conditions which cause population movements; enabling refugees
to return to their countries, to integrate in an asylum country
or resettle elsewhere (durable solutions); improving asylum systems
and strengthening protection in host countries and regional readmission
arrangements.
Reform of individual asylum systems:
The UK asylum system has recently undergone
considerable changes. While the reforms are still in the process
of being implemented UNHCR considers that further adjustment could
be made, building on recent changes, geared towards further enhancing
the credibility of the asylum system in the UK. Ideas to be explored
with the UK include an enhanced induction/pre-screening/admissibility
phase (see Canada's admissibility phase, Austria's airport procedure/port
of entry procedure, including possibly any UNHCR involvement).
This could be coupled with first instance processing in particular
cases (see Switzerland's DUO procedure in reception centres for
manifestly unfounded claims, applications from "trend countries"
and well-founded claims). Other possibilities to be explored which
could make first instance decisions less open to challenge on
appeal are an independent refugee board, supported by an independent
documentation centre (see Canada's RSD phase)
Addressing problems at source and Durable Solutions
UNHCR strongly supports action to prevent the
conditions which cause population movements. Properly resourcing
humanitarian actors, including UNHCR, to help returning refugees
to successfully reintegrate and contribute to the development
of their societies is an important component of peace-building
and preventing the renewed outbreak of conflict and renewed refugee
flows. It is, in UNHCR's view, equally important to focus on enabling
refugees who cannot return to integrate in countries where they
seek asylum, or, where necessary, to access protection through
resettlement. Countries hosting large numbers of refugee populations
over protracted periods need considerably more support if they
are to continue to play their crucial role in the global asylum
system.
Proposals for processing applications deemed to
be manifestly unfounded
UNHCR would be willing to support the introduction
of an EU-wide arrangement to decide asylum applications that are
deemed to be manifestly unfounded (ie applications from countries
where the majority of asylum-seekers are primarily economic migrants
who resort to the asylum channel for migration purposes). Such
an arrangement could contribute to address effectively the asylum-migration
nexus. Upon arrival anywhere within the territory of EU Member
States or at their borders, all asylum seekers of the designated
countries of origin would be transferred immediately to specified
centres, except for persons who are medically unfit, as well as
unaccompanied and separated children. In line with its supervisory
responsibility, UNHCR would monitor decision-making and be prepared
to consider participation in a review board, especially with a
view to promoting harmonisation in the decision-making process.
Strengthening protection in host countries close
to conflict regions
UNHCR considers this to be a major challenge
that needs to be pursued vigorously. A more co-ordinated multilateral
approach would indeed be very welcome, also in order to support
UNHCR's protection and assistance interventions in many host countries.
Better protection and access to solutions in the region are key
to averting irregular movements and combating smuggling and trafficking.
Regional readmission arrangements
In the context of return and readmission of
refugees and asylum-seekers, the level of protection in third
countries is important. The Expert Roundtable on Effective Protection,
held in Lisbon in December 2002, advanced the thinking on this
issue. In UNHCR's view, it is, through more forceful support of
countries hosting large refugee populations and resettlement that
a basis for readmission of refugees to "effective protection"
would become more feasible. Initiatives to enhance protection
in countries close to conflict regions include not only emergency
responses to new influxes but sustained capacity building efforts,
the promotion of self-reliance of refugees and enhanced referrals
for resettlement. Such an approach needs to be part of a caseload-specific
comprehensive solutions strategy to address a particular refugee
situation. First steps would include a "gaps analysis"
to identify areas where capacity building in host countries could
address protection and solutions problems, thus decreasing the
need for secondary movements.
The return and readmission of persons found not
to be in need of international protection
This is an important objective identified by
the Agenda for Protection (Goal 2, Objective 7), which will be
taken forward this year through an Executive Committee Conclusion.
Addressing this issue and helping to remove obstacles to their
speedy return is a priority concern for UNHCR.
25 March 2003
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