38.Memorandum submitted by the United
Nations High Commissioner for Refugees
1. The United Nations Office of the High
Commissioner for Refugees (UNHCR) is a non-political humanitarian
organisation charged with leading international efforts to protect
and assist refugees. It seeks durable solutions for refugees,
including voluntary repatriation, local integration in their country
of asylum, and resettlement to third countries. The UN refugee
agency currently looks after some 20 million people worldwide,
including refugees, asylum seekers, recent returnees and other
persons of concern.
2. UNHCR's interest in this inquiry stems
from concerns over unwarranted links made in some quarters between
terrorism and the status of refugees/asylum seekers. Whilst UNHCR
fully supports all efforts aimed at eradicating terrorism, the
fight against terrorism must ensure full respect for the fundamental
rights and freedoms of all law-abiding individuals. Although there
have been some positive and encouraging examples of measures to
combat terrorism that fully respect the rights of asylum seekers
and refugees, there have also been cases that have negatively
affected people in need of international protection. It is UNHCR's
belief that any discussion on security safeguards should start
from the assumption that refugees are themselves threatened. Refugees
are by definition escaping persecution and violence—including
even terrorist acts—and are not the perpetrators of such
violence.[50]
STIGMATISATION OF
MINORITY GROUPS
PUBLICLY "ASSOCIATED"
WITH TERRORISM
3. Most sections of the media have reported
responsibly on terrorist incidents and called for the general
public to avoid blaming certain ethnic groups or religious communities
that may share similarities with individuals who have committed
grave crimes. However, certain media outlets have promoted impressions
amongst the public of generalised linkages between terrorists
and certain communities. These sections of the media, by their
frequent and dramatic style of reporting, have created amongst
some members of the general public impressions that clear links
exist between terrorist groups and certain ethnic or religious
communities, gravely endangering some segments of society. In
the UK, the Association of Chief of Police Officers has highlighted
concerns over unfair and careless linking of Muslims and terrorism.[51]
4. In addition to the oft-cited linkages
between Muslim and terrorism, of even greater concern to UNHCR
are unwarranted associations that have been made between terrorism
and refugees/asylum seekers. If such unwarranted associations
gain widespread public currency, they will serve only to generate
feelings of fear and anxiety and compromise the safety of asylum
seekers and refugees whom UNHCR is charged to protect. Such an
atmosphere will also seriously hamper asylum-seekers' and refugees'
acceptance and participation in the host community, with individuals
of the Muslim faith being particularly disadvantaged. It negatively
affects their ability to integrate and contribute to their host
community, leading to their marginalisation and isolation.
5. The 1951 UN Convention Relating to the
Status of Refugees (henceforth "1951 Convention") has
itself been offensively termed a "safe haven for terrorists".
In reality only a very small number of asylum applicants have
been arrested under anti-terrorism legislation. The 1951 Convention
excludes terrorists from protection and does not stand in the
way of their criminal prosecution. It provides for mechanisms
to enable governments to decide who is a refugee in need of sanctuary
and who needs to be excluded because they have committed serious
crimes making them threats to national security or public order.
Article 1F of the 1951 Convention explicitly enables governments
to exclude individuals who, even though they may be facing persecution
in their country, have been involved in serious criminal or terrorist
activities. Article 32 allows for the removal of such individuals
to a third country, and Article 33 may be exceptionally invoked
for a refugee to be returned to his or her country if he or she
has been convicted for a particular serious crime and represents
a danger to the community.
MEDIA COVERAGE
6. It appears that certain media outlets
have purposefully propagated public animosity towards certain
categories of foreigners for various reasons, including to help
increase their readership and profits. Such sections of the media
appear not to care that their misreporting and incitement of insecurity
might harm community relations, including those between residents
of the host community and individuals who have fled persecution
in their homelands for the safety and respect that should be afforded
by democracies such as the UK.
7. Negative attitudes propagated by some
press reports make asylum seekers and refugees feel unwelcome
and feed racist and xenophobic attitudes. Research recently commissioned
by the Lord Mayor of London[52]has
pointed to links between negative media reporting, increased community
tensions, and hostility and violence aimed at asylum seekers.
As well as compromising the safety of asylum seekers and refugees
and significantly damaging community relations, racism and xenophobia
may also contribute to mental health problems and hinder their
successful integration.
8. UNHCR is aware that one of the major
factors that contribute to indifference or hostility toward refugees
and asylum-seekers is public confusion about who refugees are
and why they are forced to flee their homelands. However, rather
than laying the ground for a legitimate public debate on refugee
and asylum issues, hostile and alarmist media coverage threatens
the lives of those who have fled persecution and conflict. Therefore,
alongside responsible and balanced reporting of issues relating
to the nature of the terrorist threat, news outlets must avoid
propagating misleading and potentially damaging associations.
9. It is absolutely crucial that media outlets
provide the public with information that objectively presents
the situations of human rights abuse and war that have brought
refugees and asylum seekers to seek refuge here so as to better
foster understanding and tolerance towards these groups.
10. UNHCR welcomes the publication (October
2003) by the Press Complaints Commission (henceforth "PCC")
of guidance on the reporting of asylum and refugee issues, which
was the result of consultation with concerned agencies, including
UNHCR. In addition, UNHCR, in conjunction with the National Union
of Journalists and the Mediawise Trust, has published guidance
for journalists on best practice in reporting of asylum and refugee
issues. However, despite these positive measures, UNHCR continues
to express grave concern that certain sections of the media continue
to publish inaccurate and misleading stories that are a danger
to good community relations. Such coverage disrupts the process
of integration and infringes on the fundamental rights of law-abiding
individuals.
PRACTICAL RECOMMENDATIONS
11. The UN refugee agency calls for measures
to avoid further deterioration of community relations through
the tackling of inaccurate media coverage without affecting the
freedom of expression. In this regard, UNHCR notes the recommendations
of the European Commission against racism and intolerance[53]
to member governments encouraging debate within the media on the
image they convey of minority groups in connection with the fight
against terrorism. The UN refugee agency suggests that media voluntarily
promote mutual respect by countering stereotypes and prejudice
and build upon the existing work of the organisations mentioned
above.
12. UNHCR further notes that previous adjudications
under Clause 1 (Accuracy) of the PCC's code of practice have underlined
the danger that inaccurate, misleading or distorted reporting
may generate an atmosphere of fear and hostility that is not borne
out by the facts. UNHCR would welcome a re-affirmation by news
editors to the PCC's code of conduct's preamble, which states
that "it is essential that an agreed code be honoured not
only to the letter but in the full spirit", in addition to
stricter adherence to the aforementioned guidance notes.
13. With regard to actions by the government,
UNHCR welcomes recent initiatives on community cohesion and integration[54]
The establishment of legislative frameworks, policies and programs
may not only help better manage cultural diversity, but may tackle
many of the phenomena of concern to this inquiry.
14. The successful integration of refugees
and asylum seekers is contingent on fostering a climate of understanding,
acceptance and tolerance. This would motivate refugees and asylum-seekers
to better integrate, avoiding self-isolation.
14 September 2004
50 Statement by Mr Ruud Lubbers, United Nations High
Commissioner for Refugees, to the Special Meeting on Terrorism
and International Law at the International Institute of Humanitarian
Law (San Remo, Italy), 30 May 2002. Back
51
Association of Chief of Police Officers, press release 8 June
2004, Ref: 59/04. Back
52
Information Centre about Asylum and Refugees in the UK (ICAR)
Media Image, Community Impact: Assessing the impact of media
and political images of refugees and asylum seekers on community
relations in London. Report of a pilot research study commissioned
by the Mayor of London. April 2004. Back
53
European Commission against Racism and Intolerance General Policy
Recommendation No.8 on Combating Racism while Fighting Terrorism
17 March 2004). Back
54
Consultations on which UNHCR has or will comment include, inter
alia: "Fairness for All: A New Commission for Equality
and Human Rights" (Department for Trade and Industry White
Paper in association with Department for Constitutional Affairs,
Department for Education and Skills, Department for Work and Pensions),
"Strength in Diversity: Towards a Community Cohesion and
Race Equality Strategy" (Home Office), and Integration Matters:
"A National Strategy for Refugee Integration" (Home
Office). Back
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