Good evening.
I would like first to acknowledge the efforts of the United Nations Association in Canada - Greater Montreal Section, to engage the Canadian public in the work of the United Nations and the critical international issues which face us all.
It is a pleasure for me to be with all of you tonight in Montreal to speak to you about the United Nations High Commissioner for refugees and its mandate. Moreover, 2011 is a very special year as the Agency is celebrating the 60th Anniversary of the 1951 Convention relating to the Status of Refugees, the 50th Anniversary of the 1961 Convention on the Reduction of Statelessness and the 150th Anniversary of the birth of Fridtjof Nansen, a Polar Explorer from Norway and the First League of Nations High Commissioner for Refugees.
I take this opportunity to bring your attention to the existence of the Nansen Refugee Award, given to an individual or an organisation in recognition of extraordinary and dedicated service to refugees. It is the most prestigious honour conferred by UNHCR. More than 60 individuals, groups or organisations have won the Nansen Refugee Award since Eleonor Roosevelt became the first winner in 1954. This year the laureate is Nasser Salim Ali Al-Hamairy, from Yemen, who founded the Society for Humanitarian Solidarity, which provided life-saving support to refugees coming in boats in the Yemen’s southern Regions.
Exceptionally, the People of Canada received the Award in 1986 in recognition of their essential and constant contribution to the cause of refugees within their country and around the world. Canada was described then as a leading contributor to international humanitarian and refugee aid programmes. Canada has from the beginning, supported international efforts on behalf of refugees. It has one of the best records for resettlement of refugees and a leading UNHCR donor. The Governor General’s Office has accepted to lend the Nansen Refugee Award to the Montreal City Mission and we are privileged to have the medal exhibited in this auditorium tonight.
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The foundation of UNHCR’s mandate lies in its Statute, adopted by the United Nations General Assembly in 1950. In addition, the General Assembly, the Economic and Social Council and UNHCR’s Executive Committee or “EXCOM”, comprised of 85 UN Member States, govern and have helped to shape UNHCR through Resolutions and activities for some 60 years. Other elements shaping UNHCR’s work are contained in the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, in individual Country Agreements with Governments concluded by UNHCR regarding operations in countries where the organization maintains a presence, and national legislation of a number of State Parties to the Refugee Convention which make mention of UNHCR and/or elements of the UNHCR mandate and functions, such as in Canada.
UNHCR advocates for the protection of some 43,7 millions persons of concern (the highest number in 15 years) which includes (10, 55 millions of) refugees, (14, 7 millions of) persons internally displaced in refugee-like conditions, (2, 5 millions of) voluntarily repatriated, (12 millions of) stateless persons and (850,800) asylum seekers. In 2011, already 750,000 persons became refugees.
UNHCR is one of the world's principal humanitarian agencies, staffed by more than 6,123 personnel in 125 countries. More than 80% of its work takes place in the field, with 60% of staff working in difficult and often dangerous non-family duty stations. Numerous partners within the UN system and Non-Governmental Organizations assist in UNHCR’s work. UNHCR staff is governed by a strict code of ethics with regard to their professional conduct and behavior. A regular cycle of training relating to the UNHCR Code of Conduct and functional expertise is required for all staff.
States are primarily responsible for providing protection and assistance to asylum seekers and refugees. As of the 1 April 2001, 147 States were party to either the Refugee Convention or the 1967 Protocol, with additional States offering asylum within their territories despite the lack of formal commitments acceded to under international law, thus demonstrating a broad-based acceptance of humanitarian and refugee protection principles. In countries where national authorities are either unable or unwilling to extend protection to refugees, UNHCR may implement operations that seek to address needs such as promoting admission to safe territory, undertaking refugee status determination, ensuring access to shelter, food, health, education and other personal needs, and promoting durable solutions. In 2010, UNHCR received directly 89,500 applications for international protection. In countries where national authorities seek to meet the needs of refugees and persons of concern to the Office, UNHCR undertakes a support and monitoring function, to assist States in meeting their international obligations and to oversee implementation of those obligations. These activities are specifically required of UNHCR by State Parties to the Convention, as reflected in the UNHCR Statute and the Refugee Convention, Article 35.
UNHCR also produces tools to support and harmonize State Parties application of the refugee Convention. The Handbook on Procedures and Criteria for Determining Refugee Status (which will be submitted to review again next year) remains an authoritative tool for decision makers assessing asylum applications within refugee status determination procedures. EXCOM Conclusions also constitutes another source of guidance and pronouncements relating to refugee protection. In addition, UNHCR regularly gathers, produces and circulates legal and protection policy research, as well as country specific background information.
The 60th anniversary of the 1951 Refugee Convention, which defines who is a refugee, the rights of refugees, and the legal obligations of States to protect them, offers the opportunity to ask States to recommit to the basics of refugee protection and to “think beyond the basics”.
Allow me to dwell a few minutes on the issue of the statelessness as it is one of the main focuses of the UNHCR commemorations this year. If nationality might seem like a universal birthright, 12 million people around the world – probably an underestimated number – are trying hard to get along without it. This means, in practice, a daily struggle for legitimacy, to establish a legal residence, to find work, to access medical assistance and education for their children. It is thought-provoking that nationality legislation is still being drafted that writes into law the deprivation of nationality on the grounds of gender, of national origin, or even because of disapproved marriages. UNHCR estimates that “At the current rate of three ratifications every 12 months to one or other of the Statelessness Conventions, we may be looking at another 50 years before we can talk about a truly global assumption of responsibility to reduce the statelessness problem.” States are thus invited not only to sign and ratify the two Conventions on Statelessness but also to draft citizenship legislations and end discriminatory rules, such as those prohibiting a mother from passing her citizenship on to her children. Where States had broken up, or new ones had been formed, it is crucial to plan ahead, so that people would not be left without nationality.
The said commemorations will culminate in December with a ministerial meeting in which States would be asked to pledge their commitment to operating in a manner that would change the course of refugee protection and statelessness in a positive way, and to develop an action plan for the period to come.
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Refugee protection is global concern and a common trust. This means that responsibility for it is shared, not individual. It also means that, unless this is shouldered widely, it may be borne by none. This is one of the salient lessons of the last 60 years from UNHCR’s perspective and burden-sharing is a common thread within international protection. How is the situation today? There has been some progress.
UNHCR and States adopted a joint Agenda for Protection in 2002. The Agenda is an ambitious, yet practical, programme of action to improve the protection of refugees and asylum-seekers around the world. It is intended to serve as a guide for concrete action, not only by UNHCR, but also by governments, NGOs and other partners. Although not a legally binding document, the Agenda has initiated the 10-Point Plan which is increasingly employed as a planning tool by UNHCR and by States, to improve management of asylum and migration linked movements.
When it comes to resettlement, there have been important success stories, with 24 countries now offering resettlement places. Resettlement departures have however decreased in 2010 amounting to 73,000 compared to over 84,000 persons in 2009, also due to the fact that UNHCR submissions have been for the last years superior to the number of places put at disposal by resettlement countries and backlog in the processing of resettlement cases were created. Resettlement places are still offered at an insufficient number when measured against need. The reality is that for every 100 refugees in need of resettlement, only 10 are resettled each year. Hence a “10 of 100” project was launched at this year’s Annual Tripartite Consultations on Resettlement (ATCR), aiming to realize a 10 percent increase in resettlement places, including emergency and medical places, in line with UNHCR’s 2010-2011 Global Strategic Priorities and the Agenda for Protection.
In view of the prolonged nature of several of todays’s major international conflicts, refugee experience is becoming increasingly drawn-out for millions of people worldwide. UNHCR defines a protracted refugee situation as one in which a large number (around 25,000) of people are stuck in exile for five years or longer. The High Commissioner started an initiative in 2008 to call the world interest in the plight of persons locked in protracted displacement with some situations now resolved and others – but not all – moving positively forward. Quoting the High Commissioner: "One refugee without hope is too many." The world is failing these people, leaving them to wait out the instability back home and put their lives on hold indefinitely. Developing countries cannot continue to bear this burden alone and the industrialized world must address this imbalance. We need to see increased resettlement quotas. We need accelerated peace initiatives in long-standing conflicts so that refugees can go home."
Protracted displacement disproportionately affects women and youth. This was spotlighted through the series of Regional Dialogues with Women and Girls, which were organized as part of the 60th anniversary events, from November 2010 to May 2011, in India, Colombia, Jordan, Uganda, Zambia, Thailand and Finland. These Dialogues underlined the critical importance of effective and sustained engagement with refugee communities in developing protection strategies. The women shared the harsh reality of their lives in refugee camps and urban sites with clear-sightedness and candor. They described the impacts, including sexual and gender-based violence, of lack of documentation, overcrowded and unhealthy shelter arrangements, inadequate health services, the lack of educational opportunities and unsafe and poor quality schools. One cross-cutting concern was the absence of livelihood possibilities in camps and in urban settings, with failure to invest in this being linked to negative coping strategies like survival sex and damaged prospects for successful integration or reintegration into communities when displacement ends. Refugee communities, properly enabled, are in fact “providers of first resort” when it comes to their own protection. In spite of the obvious importance of investing in livelihoods, this has yet to become a serious priority for the international community.
This leads me in the challenges of 2011. The world for many millions remains a very insecure place. Hazard is not an abstract concept but in many situations an ever present, proximate and lethal threat.
There were unfortunate incidents of Refoulement of high visibility which have occurred in a number of regions of the world, including in Europe, Asia and the Middle East. Non-refoulement is a principle in refugee law that concerns the protection of refugees from being returned to places where their lives or freedoms could be threatened.
Urban refugees and asylum-seekers are a growing protection challenge as numbers increase, programmes to secure protection, health, housing and education are costly and not always supported, and resettlement and repatriation remain realistic solutions for very few. Many urban refugees are dependent on UNHCR for financial, psycho-social and protection support, but the needs far outstrip the possibilities and the gaps are many.
Education is one of the highest priorities of refugees, and has a vital role to play in their protection and ability to find sustainable solutions. Access to education is, though, limited. Refugee enrolment in primary school is only 76 per cent globally and drops to 36 per cent at secondary level. Girls are at a particular disadvantage. In East Africa and the Horn, for example, only five girls are enrolled for every 10 boys. Refugee education is also generally of a low quality due to high teacher-pupil ratios and a lack of teacher training. As a result, many refugee children are unable to learn the skills, especially literacy and numeracy, which would enable them to claim their rights, to withstand the challenges of displacement and to rebuild their lives. Many of these difficulties derive from resource constraints. While UNHCR’s education budget has risen in recent years, it has not kept pace with needs and demands. The projected budget for 2012, for example, is $71 million, while the Comprehensive Needs Assessment stands at $180 million.
UNHCR is formulating a five-year education strategy, drawing upon the recommendations of a recently completed independent review of the state of refugee education worldwide. The new strategy will inter alia seek to improve learning achievement amongst refugee children, to increase access to post-primary education and training, and to expand opportunities for refugees to participate in tertiary education, for example through certified distance education programs.
Detention of asylum-seekers continues to create great individual hardship in many countries on the American continent, in Oceania, Asia, Europe, and the Middle East. The duration can be over-long, the conditions unjustifiably harsh and the possibilities for legal oversight or review very limited. It has reached the point in some countries where there are actually more due process safeguards regulating detention of criminals than of asylum-seekers. There is a critical need for states practicing detention at least to review the processes in place for its regulation.
A UNHCR-commissioned study released earlier this year found that there is no empirical evidence that detention deters irregular migration, and that compliance or cooperation rates with the outcome of asylum decisions, even negative ones, are regularly higher than 90 percent when persons have been released into non-detention supervision arrangements. As a practice, detention has proved seriously detrimental to the physical and psychological health of asylum-seekers and refugees. It is being maintained in spite of mounting evidence that costs for detention are generally substantially higher than for less coercive, but just as effective, alternatives to detention. UNHCR continues to promote alternatives to detention and has been encouraged by initiatives taken in some states to pilot such alternatives.
With the rising trend of detaining asylum-seekers, there was a decline in “protection space” and “humanitarian space”, due to fears of terrorism, trans-national crime and irregular migration. Alternatives to detention and solutions to the dangers of maritime flight and other issues needed to be addressed in an egalitarian, rights-based manner.
Migrants and refugees are too often linked in the press to social problems, like the rising rates of unemployment, or to violence and criminality. Asylum-seekers and refugees from outside a region will often be classified, without qualification, as abusers of national systems, particularly where their travel has been facilitated by smugglers. Relatively little attention is given by the media, or by those who feed it, to the human side of people movements and to the root causes of migration, or the consequences, including separation of families, unaccompanied children or trafficking; nor are the positive contributions of migrants sufficiently recognized.
Boat arrivals can provoke fears and high emotions which may be difficult for Governments to manage. In our experience, an approach built predominantly around closing borders and trying to prevent movement is not the answer, as it does not work. In fact it can make situations even more difficult to deal with.
In many refugee situations, there is also the challenge of addressing impunity. This is a 60th anniversary issue, and we have planned a joint examination, together with human rights bodies and international criminal law institutions, of emerging complementarities between respective bodies of law and practice.
Sexual Gender Based Violence and impunity is an also an issue of high significance. Such violence tends to impact disproportionately the more vulnerable, with women, girls and boys exposed to extreme forms - rape, brutality and killings. UNHCR is making a determined effort to respond with Sexual Gender Based Violence standard operating procedures now in place in over 90 percent of our camps and multiplying when it comes to urban locations as well. Women and girls will have a prominent place during the 60th anniversary commemorations.
Asylum-seekers and refugees from outside a region will often be classified, without qualification, as abusers of national systems, particularly where their travel has been facilitated by smugglers. Relatively little attention is given by the media, or by those who feed it, to the human side of people movements and to the root causes of migration, or the consequences, including separation of families, unaccompanied children or trafficking; nor are the positive contributions of migrants sufficiently recognized.
Apart from how to handle these practical protection challenges, the legal implications of displacement driven by forces other than persecution, human rights violations and war, have yet to be seriously thought through. There is a legal vacuum when it comes to the plight of populations whose states physically are engulfed and disappear, the so-called “sinking islands” phenomenon. The natural disaster victims who are displaced externally will also confront an uncertain legal situation. Such issues also need to find a place on the 60th anniversary commemorations agenda.
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Countries with strong economies are more likely to be capable of absorbing and supporting refugees. By comparing the refugee population with the average income level of a country (measured by the Gross Domestic Product per capita), a measure can be obtained of the relative impact of hosting refugees. The reality is that among the 20 countries with the highest number of refugees according to that measure, all are developing countries, including 12 Least Developed Countries. At the end of 2010, Pakistan had the highest number of refugees compared to its national economy, followed by the Democratic Republic of the Congo, Kenya, Chad, the Syrian Arab Republic, and Ethiopia (149). The first developed country was Germany, in the 25th place. Following the uproar caused by the Arab Awakenings this year, and the conflict in Ivory Coast and Somalia, numbers may be increasing, but developing countries will most likely be receiving the heavier burden.
Countries like Canada are important in support of international protection. In 2010, around 12 000 Government-Assisted Refugees and Privately Sponsored Refugees were resettled to Canada as permanent resident and that number may increase in the future. As for asylum seekers, 32, 457 claims for asylum were finalised and 38% of that number received a positive answer. The number of claims has diminished due mostly to the imposition of visas against Mexico and Hungary, two main source countries for asylum seekers.
Canada maintains a liberal asylum policy, as reflected in the broad definition of the term “refugee”, included in the Immigration and Refugee Protection Act (IRPA), which incorporates elements of the definition contained in Refugee Convention. UNHCR exercises its supervisory responsibility under Article 35 of the Convention, which has been incorporated into national legislation through IRPA s.166, in a variety of ways, including through direct monitoring of refugee status determination procedures before the Immigration and Refugee Board (IRB). UNHCR consults with government interlocutors on legislative, regulatory and procedural developments, observes and comments on Canadian policy and practice, promotes best practices in line with international standards including on best interests of the child, gender and age mainstreaming, vulnerable applicants and detention and works with non-governmental groups to monitor developments and makes demarches with the government as required. Canadian authorities regularly share draft policy and operational documents with UNHCR seeking input regarding conformity with international obligations. UNHCR commentary highlights linkages and gaps between national legislation and implementation mechanisms, the Refugee Convention and guidance produced or approved by its Executive Committee.
UNHCR is joined by a range of effective refugee advocacy groups in its work of strengthening public understanding and building a more sympathetic environment for refugees and asylum seekers in Canada. This is particularly important where the parliamentary standing committee on Citizenship and Immigration devotes a significant portion of its work program to studying refugee issues.
Canada is an advocate of multilateral action. Canada is an important supporter of the Strategic Use of Resettlement and a promoter of Multilateral Frameworks of Understanding as an approach to addressing refugee populations comprehensively. It continues to be an instrumental support for the Mexico Plan of Action, which seeks to address displacement issues in the Americas in a comprehensive manner. For all these reasons, Canada is an important partner for UNHCR and this is also why it is important for UNHCR to maintain a presence in the country. I will ask Denise Otis to briefly address our role and responsibilities are in Canada.
Thank you for your attention.
