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2/3) A/AC.96/863: THE UNHCR'S COMPR



Subject: 2/3) 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

12. Through assertive presence in countries of asylum and origin,
supported by active dialogue grounded in protection principles between
UNHCR, States of origin and of asylum, and the inclusion of refugee issues
on political agendas and in peace negotiati ons, UNHCR has in some cases
been able to promote a "humanitarian space" which is often
helpful in facilitating political solutions. Identifying in this process
the various aspects of international law relevant to situations of mass
displacement can enable a focused and positive course of action to be
charted. These basic principles may be critical in helping to prevent new
refugee flows, in securing asylum, in enabling repatriation or
integration, or in ensuring satisfactory treatment of intern ally
displaced persons; as well as in meeting the needs of the local population
who are at risk, and in protecting stateless persons. In this connection,
the rule of law can play a central role in strengthening the forces of
reconciliation.=20
=20
13. There are many ways in which a comprehensive approach can be based on
a protection framework. It may itself be centred on a formal agreement --
as in Cambodia or Bosnia and Herzegovina manifesting a high level of
commitment as well as endowing the arr angements with formal legal and
political standing. The surrounding political process, if not the
agreement itself, may provide for dispute resolution mechanisms, and
positive or negative conditionality linked to compliance with basic
principles.=20
=20
14. The identification, within a comprehensive strategy, of universal
norms and standards may provide the foundation or a useful element of an
accord. Basing a comprehensive approach on international legal standards
can contribute to a climate in which di sputes are more likely to be
resolved, by providing a relatively dispassionate starting point. A
"baseline" - clear, authoritative standards to which all
participants are bound and which are consistent among them - can also
emphasise the princip le of state responsibility for the population in
question. Other states who take part in the approach or co-sign the accord
acknowledge a broader concept of state responsibility at the level of the
international community for the security of peoples.=20
=20
15. A regime of basic obligations in a comprehensive approach can have an
enabling effect, encouraging states in the exercise of what has been
called "responsible Statehood", and clarifying responsibilities.
The creation of new states or their r estoration may be accompanied by
lack of capacity to deal with refugee flows or returns, as well as to
ensure respect for the rule of law. In certain situations, the involvement
of some non-State or de facto entities in a comprehensive and
solution-orient ed approach will be indispensable. This is likely to be
the case in respect of disintegrated States, for example, in which the
population at large may also be in jeopardy from lawlessness or
persecution.=20
=20
16. UNHCR faces singular challenges in effecting its mandate of promoting
solutions to the problems of refugees when even gaining temporary refuge
may be resisted; when the underlying causes remain unaddressed; or when
the essential conditions to support return are lacking. The
multidimensional nature of refugee problems remains self-evident but is
too often not reflected in the international responses to them. UNHCR
cannot end humanitarian violations or internal conflicts, nor can it
rebuild shattered le gal systems or prosecute war criminals. Many of the
major current refugee problems - in Rwanda, Afghanistan, Bosnia and
Herzegovina or Liberia - demand regionally-focused and
internationally-supported responses. Within those approaches an agreed
framework for action is essential as, in a different context, the CIS
Conference 2/ has just recognized. The established international
principles and norms which underpin the refugee regime are vital to this
framework, which will usually also need to encompass bro ader political,
economic and social dimensions.=20
=20
17. Some of these dimensions were highlighted in the 1995 Note on
International Protection, particularly the need for tangible international
solidarity with low-income developing countries confronted by a sudden
mass refugee influx. The importance of adeq uate support for development
and rehabilitation was also highlighted in the 1995 Conclusions on
International Protection as an important element in the sustainable
reintegration of refugees returning home. Development and rehabilitation
efforts may, as we ll, contribute to addressing some of the causes of
refugee situations and play a valuable part in the context of preventive
strategies. Sustained international co-operation is also needed to enhance
the ability of many host countries to extend possibiliti es for local
integration.=20
=20
18. The value of resettlement as one solution within a comprehensive
approach has also been recognized. Although mass resettlement such as that
which took place from Indochina in the past two decades appears unlikely
to be repeated, the resettlement of gr oups or individuals should continue
as a contribution to the promotion of UNHCR=92s overarching objectives,
including the right to seek asylum and the protection of vulnerable cases.
Decisions concerning the timing and duration of a resettlement operation m
ust take into account the availability of resettlement places, as well as
be sensitive to the possible impact on secondary migrations of refugees
and non-refugees. The commitment of those States providing resettlement
places to UNHCR remains a key part of UNHCR's broader protection strategy.
Further information on current resettlement issues is presented in the
conference room paper on Resettlement (EC/46/SC/CRP.32) submitted to this
Standing Committee
=20
III. THE CONTENT OF PROTECTION-BASED COMPREHENSIVE APPROACHES
=20
19. It is widely acknowledged that the only long-term solutions to major
refugee catastrophes, as in the Great Lakes, depend upon comprehensive
political responses. While that response is identified and implemented -
and for as long as necessary - the gra nting of asylum remains essential
to secure protection from and solutions to </FONT>actual or threatened
human rights abuse, violence and war. The exploration of broad approaches
should not obscure the fact that the right to seek and enjoy asylum from
per secution and danger is a fundamental human right, and frequently the
only option, at least in the short term. Asylum is, therefore, an
essential element of broader approaches. Similarly, international
commitment to the standards contained in the Conventio n and Protocol, and
their regional complement, the 1969 OAU Convention, remain central to
comprehensive approaches to refugee situations. <FONT SIZE=3D3>3/</FONT> At
the same time, a broader legal framework for solutions can temper the
tendency to isolate r efugees, and refugee law, from international human
rights law of universal application.=20
=20
20. Within the substantive content of protection frameworks, human rights
standards have a central place. In addition to the linkage of human rights
to peace, the inclusion of human rights and protection standards
contributes to setting the pace at which the refugee problem, or the
problem of involuntary displacement, can come to a sustainable solution.
Without such standards, responses to complex refugee situations may seek
to address the response difficulties of the host country or of the
international community more than the resolution of the underlying problem
and the protection and welfare of the refugees. Unrealistic timetables for
repatriation to places and communities unequipped to cope may result in
human rights violations and fresh crises; harsh and inhumane conditions of
stay, in some cases amounting to prolonged detention, imposed to deter
future arrivals, are often in breach of human rights standards. Similarly,
ensuring respect for the basic rights of returnees during the post-return
period is essential.=20
=20
21. Standards are of little use in the abstract. In many cases, the fact
of accession by the country of origin to a particular international treaty
will be irrelevant to the refugee's decision to repatriate, or, evidently,
to the existence of serious huma n rights abuses. What matters is the
restoration of a human rights environment in which refugees are protected,
or integrated, or able safely to repatriate, or in which persons need not
flee. Encouraging such an environment to take hold often takes time.=20
Successful comprehensive approaches that encompass reconciliation and
build on established norms recognize that where there has been no
tradition of the rule of law, or where respect for it has been weak, its
rapid restoration or establishment will not be possible. It is nonetheless
essential that the trauma of displacement (for the individual, for the
community, or for the nation) be met with a response which offers
long-term certainty and security. The Executive Committee has recognized
this element in its Conclusion No. 69 on Cessation of Status,
(A/AC.36/804, para.22), in which it underlined that changed circumstances
were to be of a &quot;profound and enduring nature&quot; for the cessation
clauses to apply.=20
=20
22. The essence of any comprehensive approach is its integrity. In the
event that not all participants observe the agreed approach, or implement
some aspects in isolation, the strategy is unlikely to succeed. The 1994
Conference Room Paper on Comprehensiv e and Regional Approaches
(EC/1994/SCP/CRP.3) noted that the &quot;comprehensiveness&quot; of
approaches has varied, and that it is unrealistic to work from a single
blueprint. The brief summaries of UNHCR=92s experiences in CIREFCA, the CPA=
,the comprehens ive political settlement in Cambodia, the former
Yugoslavia, and Mozambique illustrated both similarities and differences,
notably as to whether the proposed measures address existing conflict and
refugee-producing situations or post-conflict measures, an d whether they
encompass both humanitarian and political measures. To these should now be
added the CIS Conference process, an ambitious effort to address both
potential involuntary movements as well as earlier and ongoing
displacement in a highly complex region.=20
=20
/end part-2/3.