Status of Refugee

8/12/2019 Status of Refugee

1/30

Page 1of 30

Who is a Refugee?

People who are forced to flee their homes due to persecution, whether on an individual basis or aspart of a mass exodus due to political, religious, military or other problems, are known as refugees. Thedefinition of a refugee has varied according to time and place, but increased international concern for the

plight of refugees has lead to a general consensus. As defined in the1951 United Nations ConventionRelating to the Status of Refugees(the Refugee Convention), a refugee is defined as a person who

" owing to a well-f ounded fear of being persecuted for reasons of race, reli gion, nationali ty,

membership of a part icul ar social group or poli tical opin ion, is outside the country of his

national ity, and is unable to or, owing to such fear, is unwi ll ing to avail himself of the

protection of that countr y or retur n there because there is a fear of persecuti on..."1

While the definition in the Refugee Convention has been used by international organizations suchas the United Nations, the term continues to be misunderstood and is often used inconsistently in everyday language. Media stories, for example, often confuse refugees with people migrating for economicreasons ("economic migrants") and persecuted groups who remain within their own country and dontcross an international border ("internally displaced persons").

The reasons for persecution must be because of one of the five grounds listed in article 1 A(2) ofthe Refugee Convention: race, religion, nationality, membership of a particular social group or political

opinion. Persecution based on any other ground will not be considered.1.Raceis used in the broadest sense and includes ethnic groups and social groups of common descent.

2.Religionalso has a broad meaning, including identification with a group that tends to share common

traditions or beliefs, as well as the active practice of religion.3. Nationali tyincludes an individuals citizenship. Persecution of ethnic, linguistic and cultural groups

within a population also may be termed persecution based on nationality.4.A particular social grouprefers to people who share a similar background, habits or social status.

This category often overlaps with persecution based on one of the other four grounds. It has applied to

families of capitalists, landowners, homosexuals, entrepreneurs and former members of the military.

5.Political opini onrefers to ideas not tolerated by the authorities, including opinions critical of

government policies and methods. It includes opinions attributed to individuals (i.e., the authorities think aperson has a certain political opinion) even if the individual does not in fact hold that opinion. Individualswho conceal their political opinions until after they have fled their countries may qualify for refugee status

if they can show that their views are likely to subject them to persecution if they return home.Definitions come into play when countries and organizations attempt to determine who is and

who is not a refugee. Asylum seekersthat is, those who are seeking refugee status in another country--normally need to establish individually that their fear of persecution is well-founded and undergo a legal

procedure in which the host country decides if she or he qualifies for refugee status. However, during amass exodus, it may not be possible for a host country to carry out individual screening. In suchcircumstances, particularly when civilians are fleeing for similar reasons, a 'group' determination of

refugee status may be declared, whereby each civilian is considered a refugee, in the absence of evidenceto the contrary.

International law recognizes the right to seek asylum, but does not oblige states to provide it.Nations at times offer 'temporary protection' when they face a sudden mass influx of people and theirregular asylum systems would be overwhelmed. In such circumstances people can be speedily admitted to

safe countries, but without any guarantee of permanent asylum. Thus 'temporary protection' is helpful toboth governments and asylum seekers in specific circumstances. Yet it only complements and does not

substitute for the wider protection measures offered by the Refugee Convention.

1The 1951 United Nations Convention and Protocol Relating to the Status of Refugee
http://www.hrea.org/erc/Library/hrdocs/refugees/1951-convention.htmlhttp://www.hrea.org/erc/Library/hrdocs/refugees/1951-convention.htmlhttp://www.hrea.org/erc/Library/hrdocs/refugees/1951-convention.htmlhttp://www.hrea.org/erc/Library/hrdocs/refugees/1951-convention.htmlhttp://www.hrea.org/erc/Library/hrdocs/refugees/1951-convention.htmlhttp://www.hrea.org/erc/Library/hrdocs/refugees/1951-convention.html


2/30

Page 2of 30

Refugee protection and assistance organizations generally promote three "durable solutions" to

the fate of refugees:- Voluntary repatriation: refugees are able to return to their home country because their lives and liberty

are no longer threatened;- Local integration: host governments allow refugees to integrate into the country of first asylum; and- Resettlement in a third country: repatriation is unsafe and the first-asylum country refuses local

integration.Most of the world's refugees wait for durable solutions for their predicament. While most have

been granted provisional or temporary asylum in neighboring countries, they are not able to regularizetheir status or integrate. Their rights to move and work are often highly restricted, and educational andrecreational opportunities are often nonexistent or severely lacking. These refugees may also be subject to

attack, either by local security forces or by cross-border incursions from the country of origin.A special category are people who may have been forced to flee their homes for the same reasons

as refugees but they have not crossed an international border. These people are called internally displacedpersons. By the end of 2011, there were approximately 11.5 million refugees around the world who hadfled their countries for a variety of reasons and an even greater number of internally displaced persons,

between 20 - 25 million, who had abandoned their homes for similar reasons. Increasingly the majority ofcurrent conflicts in the world involve disputes between political or ethnic groups within countries rather

than wars between countries. Given this trend, the number of persons caught up in conflicts in their owncountries and forced to leave their homes is likely to increase.

12 million refugees in 2011

COUNTRY OF ORIGINMAIN COUNTRIES OF

ASYLUMREFUGEES

Afghanistan Iran / Pakistan 3,809,600Iraq Iran 554,000Burundi Tanzania 530,100

SudanUganda / Ethiopia / D.R. Congo /Kenya / Central African Rep.

489,500

Angola Zambia / D.R. Congo / Namibia 470,600

SomaliaKenya / Yemen / Ethiopia / USA /United Kingdom

439,900

Bosnia-Herzegovina Yugoslavia / Croatia / Slovenia 426,000

Democratic Rep. CongoTanzania / Congo / Zambia/ Rwanda

/ Burundi392,100

Vietnam China / USA 353,200Eritrea Sudan 333,100

Rights at Stake

Prohibition of the forced return of a refugee is called nonrefoulementand is one of the mostfundamental principles in international refugee law. This principle is laid out in Article 33 of theConvention Relating to the Status of Refugees,which says that no state "shall expel or return ('refouler' in

French) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom wouldbe threatened on account of his race, religion, nationality, membership of a particular social group orpolitical opinion."
http://www.hrea.org/erc/Library/hrdocs/refugees/1951-convention.htmlhttp://www.hrea.org/erc/Library/hrdocs/refugees/1951-convention.htmlhttp://www.hrea.org/erc/Library/hrdocs/refugees/1951-convention.html


3/30

Page 3of 30

Some countries detain asylum seekers upon arrival, during the asylum process or while waiting

for deportation (refoulement). Asylum seekers may have already suffered imprisonment and torture in thecountry from which they have fled. Therefore, the consequences of detention may be particularly serious,

causing severe emotional and psychological stress. Article 31 of the Refugee Convention says thatrefugees should not be penalized for having entered a country illegally if they have come directly from a

place where they were in danger and have made themselves known to the authorities. Therefore, asylum

seekers should not be detained for being in possession of forged identity papers or for destroying identityor travel documents.

Articles 12 - 30 of the Refugee Convention set out the rights which individuals are entitled to oncethey have been recognised as Convention refugees:a) All refugees must be granted identity papers and travel documents that allow them to travel outside the

countryb) Refugees must receive the same treatment as nationals of the receiving country with regard to the

following rights:- Free exercise of religion and religious education- Free access to the courts, including legal assistance- Access to elementary education- Access to public relief and assistance

- Protection provided by social security- Protection of intellectual property, such as inventions and trade names

- Protection of literary, artistic and scientific work- Equal treatment by taxing authorities

c) Refugees must receive the most favourable treatment provided to nationals of a foreign country with

regard to the following rights:- The right to belong to trade unions

- The right to belong to other non-political nonprofit organizations- The right to engage in wage-earning employment

d) Refugees must receive the most favourable treatment possible, which must be at least as favourable to

that accorded aliens generally in the same circumstances, with regard to the following rights:- The right to own property

- The right to practice a profession- The right to self-employment- Access to housing

- Access to higher educatione) Refugees must receive the same treatment as that accorded to aliens generally with regard to the

following rights:- The right to choose their place of residence- The right to move freely within the country- Free exercise of religion and religious education- Free access to the courts, including legal assistance

- Access to elementary education- Access to public relief and assistance

- Protection provided by social security- Protection of intellectual property, such as inventions and trade names- Protection of literary, artistic and scientific work

- Equal treatment by taxing authorities


4/30

Page 4of 30

Key assistance agencies

The following organizations play key roles in assisting and protecting refugees worldwide:United Nations High Commissioner for Refugees.The United Nations High Commissioner forRefugees (UNHCR) was created in 1951 to assist in the international protection of refugees. Theorganization's primary objective is to ensure that all persons can exercise the right to seek asylum and find

safe refuge in another state, and to return home voluntarily. One of the agency's pressing tasks is toencourage governments to adopt fair and flexible processes to promote just and effective refugee law.

When UNHCR was first established, material aspects of refugee relief (e.g., housing, food) were seen tobe the responsibility of the government that had granted asylum. As many of the world's more recentmajor refugee flows have occurred in less developed countries, however, UNHCR has acquired the

additional role of coordinating material assistance for refugees and returnees. Although this was notUNHCR's original mandate, coordination of material assistance has become one of its principal functions

alongside protection and the promotion of solutions. TheInternational Organization of Migration(IOM) assists with the return of rejected asylum seekers and refugees referred by UNHCR.

International Committee of the Red Cross.The International Committee of the Red Cross(ICRC) is an independent humanitarian organization that acts as a neutral entity in assisting and protectingvictims of war, from providing medical care to victims to arranging exchanges of family messages. As

members of the civilian population, displaced persons benefit from ICRC protection and assistanceactivities including the protection of civilians; visits to detainees; medical assistance; food aid; and

restoration of family links between persons separated by war. The ICRC does not have a general mandateto provide protection and assistance to internally displaced persons. Over the years, however, it has

provided limited assistance to certain groups of internally displaced persons. The ICRC is considered well

placed to provide such help given its experience in humanitarian and crisis situations. These operationshave been carried out at the request of the UN Secretary-General or the General Assembly, at the request

of the country involved.

International and Regional Instruments for Protection

International legal instruments take the form of a treaty(also called agreement, convention,

protocol) which may be binding on the contracting states. When negotiations are completed, the text of atreaty is established as authentic and definitive and is "signed" to that effect by the representatives ofstates. There are various means by which a state expresses its consent to be bound by a treaty. The most

common are ratification or accession. A new treaty is "ratified" by those states who have negotiated theinstrument. A state which has not participated in the negotiations may, at a later stage, "accede" to the

treaty. The treaty enters into forcewhen a pre-determined number of states have ratified or acceded to thetreaty.

When a state ratifies or accedes to a treaty, that state may make reservationsto one or morearticles of the treaty, unless reservations are prohibited by the treaty. Reservations may normally bewithdrawn at any time. In some countries, international treaties take precedence over national law; in

others, a specific law may be required to give an international treaty, although ratified or acceded to, theforce of a national law. Practically all states that have ratified or acceded to an international treaty must

issue decrees, amend existing laws or introduce new legislation in order for the treaty to be fully effectiveon the national territory.

Many international treaties have a mechanism to monitor the implementation of the treaty. The

Refugee Convention does not have such a body that monitors state obligations and commitments towardsasylum seekers.

The following international and regional treaties determine standards for the protection ofrefugees and displaced persons:
http://www.unhcr.ch/http://www.unhcr.ch/http://www.iom.int/http://www.iom.int/http://www.iom.int/http://www.icrc.org/http://www.icrc.org/http://www.icrc.org/http://www.iom.int/http://www.unhcr.ch/


5/30

Page 5of 30

1.UNITED NATIONS

Universal Declaration of Human Rights(1948) (article 14)

The first international document that recognizes the right to seek and enjoy asylum from persecution.Geneva Convention relative to the Protection of Civilian Persons in Time of War(1949) (article

44, 70)

This treaty protects refugees during war. Refugees cannot be treated as "enemy aliens".Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection

of Victims of International Armed Conflicts (Protocol 1)(1977) (article 73)"Persons who, before the beginning of hostilities, were considered as stateless persons or refugees ... shall

be protected persons..., in all circumstances and without any adverse distinction."

Convention Relating to the Status of Refugees(1951)This was the first international agreement covering the most fundamental aspects of a refugee's life. It

spelled out a set of human rights that should be at least equivalent to freedoms enjoyed by foreignnationals living legally in a given country and in many cases those of citizens of that state. It recognizedthe international scope of refugee crises and necessity of international cooperation -- including burden-sharing among states -- in tackling the problem. This was the first international agreement covering themost fundamental aspects of a refugee's life. It spelled out a set of human rights that should be at least

equivalent to freedoms enjoyed by foreign nationals living legally in a given country and in many casesthose of citizens of that state. It recognized the international scope of refugee crises and necessity of

international cooperation -- including burden-sharing among states -- in tackling the problem. As of 1October 2002, 141 countries had ratified the Refugee Convention.

International Covenant on Civil and Political Rights(1966) (article 2, 12, 13)

The main international treaty on civil and political rights stipulates that states should ensure the civil andpolitical rights of all individuals within its territory and subject to its jurisdiction (article 2). The Covenant

also guarantees freedom of movement and prohibits forced expulsion.Protocol Relating to the Status of Refugees(1967)

Removes the geographical and time limitations written into the original Refugee Convention under which

mainly Europeans involved in events occurring before 1 January 1951 could apply for refugee status.Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(1984) (article 3)Article 3 (2) states that a consistent pattern of gross and massive violations of human rights arecircumstances which a state should take into account when deciding on expulsion. The monitoring body of

this convention, the Committee Against Torture, has established some fundamental principles relating tothe expulsion of refused asylum seekers. It offers important protection to refugees and their right not to be

returned to a place where they fear persecution.Convention on the Rights of the Child(1989) (article 22)

A rticle 22 of this convention stipulates that "States Parties shall take appropriate measures to ensure that achild who is seeking refugee status or who is considered a refugee ... shall ... receive appropriate

protection and humanitarian assistance in the enjoyment of ... rights.... States Parties shall provide ...

cooperation in ... efforts ... to protect and assist such a child and to trace the parents or other members ofthe family of any refugee child ... for reunification with his or her family. In cases where no parents or

other members of the family can be found, the child shall be accorded the same protection as any otherchild ... deprived of his or her family environment...."

Declaration on the Elimination of Violence against Women(1993)

Recognizes the particular vulnerability of refugee women.Handbook on Procedures and Criteria for Determining Refugee Status under the 1951

Convention and the 1967 Protocol relating to the status of refugeesThis handbook is widely accepted by practitioners and most governments as an authoritative interpretationof the Refugee Convention.
http://www.hrea.org/learn/guides/UN.htmlhttp://www.hrea.org/learn/guides/UN.htmlhttp://www.hrea.org/learn/guides/UN.htmlhttp://www.hrea.org/erc/Library/hrdocs/un/udhr/english.htmlhttp://www.hrea.org/erc/Library/hrdocs/un/udhr/english.htmlhttp://www.hrea.org/erc/Library/hrdocs/ihl/conven4.htmlhttp://www.hrea.org/erc/Library/hrdocs/ihl/conven4.htmlhttp://www.hrea.org/erc/Library/hrdocs/ihl/protocol1.htmlhttp://www.hrea.org/erc/Library/hrdocs/ihl/protocol1.htmlhttp://www.hrea.org/erc/Library/hrdocs/ihl/protocol1.htmlhttp://www.hrea.org/erc/Library/hrdocs/refugees/1951-convention.htmlhttp://www.hrea.org/erc/Library/hrdocs/refugees/1951-convention.htmlhttp://www.hrea.org/erc/Library/hrdocs/un/iccpr/english.htmlhttp://www.hrea.org/erc/Library/hrdocs/un/iccpr/english.htmlhttp://www.hrea.org/erc/Library/hrdocs/refugees/1967-protocol.htmlhttp://www.hrea.org/erc/Library/hrdocs/refugees/1967-protocol.htmlhttp://www.hrea.org/erc/Library/hrdocs/torture/cat.htmlhttp://www.hrea.org/erc/Library/hrdocs/torture/cat.htmlhttp://www.hrea.org/erc/Library/hrdocs/un/child/crc-en.htmlhttp://www.hrea.org/erc/Library/hrdocs/un/child/crc-en.htmlhttp://www.hrea.org/erc/Library/hrdocs/un/women/vaw-decl-en.htmlhttp://www.hrea.org/erc/Library/hrdocs/un/women/vaw-decl-en.htmlhttp://www.hrea.org/erc/Library/hrdocs/refugees/unhcr-handbook.pdfhttp://www.hrea.org/erc/Library/hrdocs/refugees/unhcr-handbook.pdfhttp://www.hrea.org/erc/Library/hrdocs/refugees/unhcr-handbook.pdfhttp://www.hrea.org/erc/Library/hrdocs/refugees/unhcr-handbook.pdfhttp://www.hrea.org/erc/Library/hrdocs/refugees/unhcr-handbook.pdfhttp://www.hrea.org/erc/Library/hrdocs/un/women/vaw-decl-en.htmlhttp://www.hrea.org/erc/Library/hrdocs/un/child/crc-en.htmlhttp://www.hrea.org/erc/Library/hrdocs/torture/cat.htmlhttp://www.hrea.org/erc/Library/hrdocs/refugees/1967-protocol.htmlhttp://www.hrea.org/erc/Library/hrdocs/un/iccpr/english.htmlhttp://www.hrea.org/erc/Library/hrdocs/refugees/1951-convention.htmlhttp://www.hrea.org/erc/Library/hrdocs/ihl/protocol1.htmlhttp://www.hrea.org/erc/Library/hrdocs/ihl/protocol1.htmlhttp://www.hrea.org/erc/Library/hrdocs/ihl/conven4.htmlhttp://www.hrea.org/erc/Library/hrdocs/un/udhr/english.htmlhttp://www.hrea.org/learn/guides/UN.html


6/30

Page 6of 30

Guiding principles on Internal Displacement

A set of 30 recommendations for the protection of internally displaced persons. The Guiding Principlesdefine who the internally displaced are, reiterates the large body of international law already in existence

protecting a person's basic rights and outlines the responsibilities of states. It is made clear that internallydisplaced persons have the right to leave their country, seek asylum and be protected against forciblereturn to their homeland.

2.AFRICAN UNION (FORMERLY ORGANIZATION OF AFRICAN UNITY, OAU)

Convention Governing the Specific Aspects of Refugee Problems in Africa(1969)Accepted the definition of the 1951 Refugee Convention and expanded it to include people who were

compelled to leave their country not only as a result of persecution but also owing to: external aggression,occupation, foreign domination or events seriously disturbing public order. This definition is a wider

definition than the one found in the UN Refugee Convention and adapts the definition to the reality of thedeveloping world. The African Union's definition also recognizes non-state groups as perpetrators of

persecution and it does not demand that a refugee shows a direct link between herself or himself and thefuture danger. It is sufficient that the refugee considers the harm sufficient to force her/him to abandontheir home.

African Charter on the Rights and Welfare of the Child(1990) (article 13)This treaty stipulates special provisions of refugee children that are unaccompanied by parents or

guardians.

3.COUNCIL OF EUROPE

Convention for the Protection of Human Rights and Fundamental Freedoms(1950) (article 3, 4,

5, 6, 8, 9, 10, 13, 14, 16)The European Convention on Human Rights does not contain any right to asylum and it makes no

direct reference to asylum seekers or refugees. A very important case by the European Court of Human

Rights (Soering v. the United Kingdom, 1989), however, established that states were indeed responsible,in certain instances, for the well being of individuals in other countries. The case concerned article 3 of the

European Convention that "No one shall be subjected to torture or inhuman or degrading treatment orpunishment". In recent years the European Court has again stressed the unconditional nature of theprohibition against ill-treatment and established the principle that a state wishing to deport even an

individual found guilty of a serious criminal offence or constituting a threat to national security must firstmake an independent evaluation of the circumstances the individual would face in the country of return.

Although article 3 is most often called upon to protect asylum seekers and refugees, other articles mayalso be invoked to ensure that their human rights are respected. In particular article 4 (prohibition offorced or compulsory labour), article 5 (deprivation of liberty), article 6 (right to a fair and impartialhearing "within a reasonable time"), article 8 (respect for private and family life), article 9 (right tofreedom of thought, conscience and religion), article 10 (right to freedom of expression), article 13 (right

to the grant of an effective remedy before a national authority) and article 16 (no restrictions on politicalactivity of aliens) can offer substantial protection.

4.ORGANIZATION OF AMERICAN STATES (OAS)

Cartagena Declaration on Refugees(1984)The refugee definition of the Cartagena Declaration builds upon the OAU adding to it the threat of

generalized violence; internal aggression; and massive violation of human rights. Unlike the definition inthe refugee convention by the African Union, however, a refugee must show a link between herself orhimself and the real risk of harm; all applicants must demonstrate that "their lives, safety or freedom have

been threatened". This demand is similar to the UN Refugee Convention, which requires individuals to
http://www.hrea.org/erc/Library/hrdocs/refugees/guiding-principles.htmlhttp://www.hrea.org/erc/Library/hrdocs/refugees/guiding-principles.htmlhttp://www.africa-union.org/http://www.africa-union.org/http://www.africa-union.org/http://www.hrea.org/erc/Library/hrdocs/refugees/oau.htmlhttp://www.hrea.org/erc/Library/hrdocs/refugees/oau.htmlhttp://www.hrea.org/erc/Library/hrdocs/oau/child.htmlhttp://www.hrea.org/erc/Library/hrdocs/oau/child.htmlhttp://www.hrea.org/learn/guides/europe.html#councilhttp://www.hrea.org/learn/guides/europe.html#councilhttp://www.hrea.org/learn/guides/europe.html#councilhttp://www.hrea.org/erc/Library/hrdocs/coe/echr.htmlhttp://www.hrea.org/erc/Library/hrdocs/coe/echr.htmlhttp://www.hrea.org/learn/guides/OAS.htmlhttp://www.hrea.org/learn/guides/OAS.htmlhttp://www.hrea.org/learn/guides/OAS.htmlhttp://www.hrea.org/erc/Library/hrdocs/refugees/cartagena-decl.htmlhttp://www.hrea.org/erc/Library/hrdocs/refugees/cartagena-decl.htmlhttp://www.hrea.org/erc/Library/hrdocs/refugees/cartagena-decl.htmlhttp://www.hrea.org/learn/guides/OAS.htmlhttp://www.hrea.org/erc/Library/hrdocs/coe/echr.htmlhttp://www.hrea.org/learn/guides/europe.html#councilhttp://www.hrea.org/erc/Library/hrdocs/oau/child.htmlhttp://www.hrea.org/erc/Library/hrdocs/refugees/oau.htmlhttp://www.africa-union.org/http://www.hrea.org/erc/Library/hrdocs/refugees/guiding-principles.html


7/30

Page 7of 30

show that they risk persecution as a particular individual rather than in general. Although not formally

binding, the Cartagena Declaration has become the basis of refugee policy in the region and has beenincorporated in to the national legislation of a number of States.

Inter-American Convention on the Prevention, Punishment and Eradication of Violence AgainstWomen "Convention of Belem do Para"(1994) (article 9)Takes into account of the vulnerability of women and girls to violence by reason of, among others, their

race or ethnic background or their status as: migrants, refugees or displaced persons.

National Protection and Service Agencies

The 1951 Refugee Convention does not force a state to admit a refugee, that is to grant asylum.It is clear that there is a gap here between the individual's right to seek asylum and the state's discretion in

providing it. As a result of this ambiguous state of affairs, government's practice in granting asylum varieswidely, both in terms of the procedure they use for determining refugee status and the actual legislationthat is applied. States can ask the UNHCR for assistance in determining refugee status.

A majority of states that have ratified the Refugee Convention have not adopted domesticlegislation to implement this treaty. Nonetheless, many of these countries have provided protection to

massive numbers of individuals fleeing persecution. Although this action has saved many lives, it hasrarely been accompanied by procedures for individually determining refugee status. As a result, refugees

in these countries are often uncertain as to their status and rights, and have no guarantee that they will notbe arbitrarily returned. Approximately one-third of the states that have ratified the Refugee Conventionhave enacted domestic legislation to implement the treaty. Although the details of the legislation vary a

great deal from state to state, there are certain common elements arising out of the commitments of theRefugee Convention and as a result of the procedures recommended by the UNHCR.

These states generally offer asylum to individuals who conform to the article 1 A (2) definition ofa refugee. There is room for interpretation, however. For example:- What constitutes persecution?

- What evidence shows that a fear is well founded?- How are the grounds for persecution defined (race, religion, nationality, membership of a particular

social group, political opinion)?Aside from government service agencies manynon-governmental and volunteer organizations

provide assistance to asylum seekers and refugees.

2012 UNHCR country operations profile Afghanistan
http://www.hrea.org/erc/Library/hrdocs/oas/vaw-decl.htmlhttp://www.hrea.org/erc/Library/hrdocs/oas/vaw-decl.htmlhttp://www.hrea.org/erc/Library/hrdocs/oas/vaw-decl.htmlhttp://www1.umn.edu/humanrts/center/asylum/ref_ngo.htmlhttp://www1.umn.edu/humanrts/center/asylum/ref_ngo.htmlhttp://www1.umn.edu/humanrts/center/asylum/ref_ngo.htmlhttp://www1.umn.edu/humanrts/center/asylum/ref_ngo.htmlhttp://www.hrea.org/erc/Library/hrdocs/oas/vaw-decl.htmlhttp://www.hrea.org/erc/Library/hrdocs/oas/vaw-decl.html


8/30

Page 8of 30

The situation in Afghanistan remains volatile, with continuing conflict and random

violence causing further internal displacement. The lack of security hinders UNHCR's operations

and access to people of concern. Another challenge is to ensure regular and reliable information

on areas in which UNHCR operates, so that policies can be implemented effectively and safely.

The political situation continues to be in flux, although measures to promote security and stability

are pursued by international and national actors.The people of concern to UNHCR in Afghanistan total some 1.3 million, comprising

asylum-seekers, refugees, returning refugees and internally displaced persons (IDPs). UNHCR

provides protection and supports policies and mechanisms that promote the sustainable

reintegration of returning refugees. It also responds to the immediate humanitarian needs of IDPs

and, where possible, pursues durable solutions for them.

In addition to the establishment of peace and security, the key to Afghanistan's future

stability is an improvement in the services provided by the Government to its citizens. It is a

cornerstone of UNHCR's strategy to support the efforts of the Government in this area,

particularly through District Offices throughout the country.

Preparations are ongoing for the Afghan Stakeholders Conference scheduled for early 2012.The Conference will establish a platform for dialogue among relevant stakeholders from

Afghanistan, the Islamic Republic of Iran and Pakistan. A three-year road map for action will be

drawn up and will include the identification of strategic partnerships, and the investments

required to achieve a set of comprehensive solutions to the displacement issues that have risen as

a result of the conflict in Afghanistan.

Through its leadership of the protection and emergency-shelter clusters, as well as the

IDP Task Force, UNHCR is responsible for coordinating joint humanitarian activities in

Afghanistan.

The needs

More than 5.7 million refugees -- 4.6 million of them with UNHCR assistance -- have

returned to Afghanistan since 2002, increasing the population of the country by some 25 per cent.

UNHCR has conducted an assessment in 2011, to gauge the level of reintegration achieved by the

returnees. The survey, which covered both urban and rural areas, has shown that more than 40

per cent of returnees have not reintegrated into their home communities. Similar conclusions

were reached by a joint UNHCR and World Bank study among urban populations. Specific areas

needing improvement include land tenure and housing, livelihood opportunities, and access to

public services and water.

The first half of 2011 has seen a rapid increase in conflict-induced internal displacement

in Afghanistan, creating nearly 100,000 new IDPs and bringing the total IDP population toapproximately 500,000 people. Securing access to the displaced, responding to their immediate

needs and pursuing advocacy aimed at reducing displacement and promoting returns are key

tasks for UNHCR. The same applies to the humanitarian assistance being provided by UNHCR to

those affected and displaced by natural disasters.

Although the number of refugees who have fled to Afghanistan is small in comparison

with that of IDPs and returnees in the country, there is neither a legal framework nor appropriate


9/30

Page 9of 30

mechanisms to respond to their protection and assistance needs. Another systemic problem is the

lack of facilities to solve land disputes, which prolongs displacement.

Cultural, informal and religious laws, which are frequently used in the settlement of

disputes, are often at odds with international standards. This is particularly the case with regard to

the protection needs of women and girls. Carefully calibrated approaches are therefore required

to ensure that effective mechanisms are in place to address such issues. Another cause of concernis the number of Afghan minors arriving in Europe in recent years. Dealing with this will require

coordination with the Afghan authorities and relevant international organizations.

UNHCR 2012-2013 planning figures for Afghanistan

TYPE OFPOPULATION

ORIGIN

JAN 2012 DEC 2012 - JAN 2013 DEC 2013

TOTAL IN

COUNTRY

OF WHOMASSISTEDBY UNHCR

TOTAL IN

COUNTRY


TOTAL IN

COUNTRY


Total 685,150 685,150 784,170 784,170 884,170 884,170

Refugees

Islamic Rep.of Iran

30 30 40 40 40 40

Iraq 10 10 10 10 10 10

Pakistan 30 30 40 40 40 40

Various -- -- 10 10 10 10

People inrefugee-likesituations

Pakistan 10,000 10,000 15,000 15,000 15,000 15,000

Asylum-seekers

Islamic Rep.of Iran

40 40 40 40 40 40

Pakistan 40 40 40 40 40 40

Various -- -- 10 10 10 10

Returnees(refugees)

Afghanistan 165,000 165,000 162,000 162,000 162,000 162,000

IDPs Afghanistan 500,000 500,000 600,000 600,000 700,000 700,000


10/30

Page 10of 30

UNHCR 2012-2013 planning figures for Afghanistan

TYPE OFPOPULATION

ORIGIN

JAN 2012 DEC 2012 - JAN 2013 DEC 2013

TOTAL IN

COUNTRY

OF WHOM

ASSISTEDBY UNHCR

TOTAL IN

COUNTRY

OF WHOM

ASSISTEDBY UNHCR

TOTAL IN

COUNTRY

OF WHOM

ASSISTEDBY UNHCR

Returnees(IDPs)

Afghanistan 10,000 10,000 7,000 7,000 7,000 7,000

Strategy and activities in 2012

UNHCR's objectives are aligned with the Afghanistan National Development Strategy and theUN Integrated Strategic Framework. With more than 2.7 million Afghan refugees in the region and an

estimated 3 million around the world, UNHCR will continue to support members of this caseload to

repatriate voluntarily to Afghanistan. It will seek to improve immediate return assistance and also pursue a

more comprehensive approach to sustainable reintegration.

UNHCR's transitional solutions initiative, which bridges the gap between humanitarian assistance and

development, seeks closer cooperation with other UN agencies and Afghan line ministries. Lessons

learned from a pilot reintegration programme implemented in 2011 are currently informing this multi-year

strategy, which promotes targeted community-based interventions in areas of high return, designed to raise

returnees' standards of living to national levels. Key areas of intervention include shelter, income

generation, livelihoods, water and education. Up to 20,000 houses will also be provided to returningrefugees to order to sustain their return.

For IDPs, UNHCR is engaged in direct data management, tracking, protection coordination and

humanitarian assistance. Advocacy in support of prevention, response and durable solutions also remains

key. UNHCR helps IDPs to return to their areas of origin in safety and dignity by providing them with

logistics and shelter support, as well as protection.

UNHCR is working with the Ministry of Refugees and Repatriation in drafting refugee

legislation. Pending the establishment of Government procedures, UNHCR conducts direct refugee status

determination (RSD) and pursues durable solutions for those found to be in need of international

protection.

UNHCR provides legal information and advice to people of concern in Afghanistan, and provides

material assistance to people with specific needs.

Constraints

Insecurity, political instability and economic and social problems are likely to continue in 2012

and may increase as international forces transfer security responsibilities to national partners. Military

operations, including those in response to violent incidents and armed fighters, may cause further


11/30

Page 11of 30

displacement. Efforts to access and provide immediate and timely humanitarian assistance to the newly

displaced may be hampered by insecurity. Currently, the UN has direct access to less than half the

country. Though UNHCR has put in place innovative measures to expand its reach, including through

partners, access to people of concern remains precarious. UNHCR will continue to review its operational

environment to ensure staff safety and security. Appropiate mitigation measures may have significant

resource implications.Sustainable reintegration is facing new challenges as competition for land, water, natural resources and

employment grows sharper. Access to employment is frequently constrained by the lack of social and

economic networks. Moreover, the overwhelming development needs in the country make it increasingly

difficult for UNHCR to secure sufficient resources to support returning refugees.

Organization and implementation Coordination

UNHCR engages actively with the Ministries of Foreign Affairs, Rural Rehabilitation, and

Housing and Urban Development. The main government counterpart -- the Ministry of Refugees and

Repatriation -- will be assisted to strengthen its management capacity related to policy development,

emergency response and technical assistance. Greater operational responsibilities for repatriation,

monitoring and speedy identification of IDPs will be entrusted to relevant District Offices.

The active engagement of other key partners will also be sought. These partners include the

Ministries of Justice; Labour and Social Welfare (for skills training and employment of returnees); and

Women's Affairs, as well as local civil society organizations for gender issues. UNHCR will continue to

support the Information and Legal Aid Centres run by the Norwegian Refugee Council. The centres

provide legal services and train lawyers, judges, local authorities and other actors who participate in

informal systems for the resolution of disputes.

As part of the UN Country Team, UNHCR works with UNAMA, UNDP, UN-Habitat, WFP,

ILO, WHO and UNICEF as well as the World Bank. UNHCR's role in leading the protection and

emergency shelter clusters as well as co-chairing the national and regional IDP task forces will continue.

Cooperation will be strengthened with OCHA and with IOM, as designated lead agency for the

coordination of natural disaster-induced displacements, assistance to vulnerable deportees and migration

issues.

Special attention will be paid to fostering cooperation with major UN agencies, relevant

government departments and other actors in selected sites and communities, to ensure comprehensive

reintegration interventions. An MOU recently concluded with UNDP will form an integral part of the new

reintegration strategy. Partner mobilization will aim to enhance the protection and reintegration of people

of concern and to optimize UNHCR's response to emergency situations. Communications with other

stakeholders and public information campaigns will highlight the impact of these efforts.

Financial information

The budget in 2012 for Afghanistan has increased by USD 39 million from 2011, owing to renewed

efforts to promote the sustainable reintegration of refugee returnees, to address the needs of increasing

numbers of IDPs, and to enhance the security of staff and implementing partners. The trends over the past


12/30

Page 12of 30

years show that the funds required for Afghanistan have remained stable, though substantial, reflecting the

needs of the continuously growing number of people of concern to UNHCR in the country. 2

2012 UNHCR country operations profile - Bosnia and Herzegovina

Bosnia and Herzegovina is a country characterised by ethno-national political divisions and a

complex administrative system, impeding efforts to resolve outstanding displacement issues stemming

from the Balkan conflicts that ended 16 years ago. As a result, there are still 113,000 internally displaced

persons (IDPs) in need of a solution. Bosnia and Herzegovina is also host to some 6,800 refugees from

Croatia.

Since 2010, countries in the region have demonstrated renewed interest in closing the

displacement chapter, consolidating their efforts to find durable solutions for people of concern. In the

case of Bosnia and Herzegovina, this will help to ensure stability both domestically and regionally, and

assist in the country's efforts to join the European Union (EU). In addition, the June 2010 adoption of the

Revised Strategy for the Implementation of Annex VII of the Dayton Peace Agreement provides a

framework for resolving the outstanding displacement issues. UNHCR will continue to support its

implementation through advocacy and direct assistance for the most vulnerable persons of concern.

UNHCR works closely with the authorities in order to strengthen the asylum system and bolster

refugee protection. While legislation on asylum is generally in line with international and regional

standards, implementation remains problematic.

There are an estimated 5,000 people at risk of statelessness in Bosnia and Herzegovina, mainlyRoma people, who often face serious obstacles to effective citizenship with full access to their rights and

entitlements.

The needs

2UNHCR GLOBAL APPEAL 2012-2013


13/30

Page 13of 30

Many of the IDPs and returnees whose situation remains fragile, require continued support to

overcome difficulties in gaining access to their rights and finding employment.

Some 8,500 displaced persons continue to live in collective accommodation -- a solution that

was only meant to be temporary -- and are among the most vulnerable of populations of concern in Bosnia

and Herzegovina. Many are physically and mentally challenged, chronically ill, elderly, without income

and/or cannot return to their places of origin due to serious protection concerns. UNHCR continues toadvocate for tailored interventions to meet the most pressing needs of this extremely vulnerable

population, and is working closely with the relevant authorities on solutions for them.

In theory, refugees have access to education, health care, employment and social welfare

services under the same conditions as nationals, but in reality such access is limited. Refugees who wish to

integrate locally find it extremely difficult to obtain residence permits.

People at risk of statelessness, mostly Roma people, struggle in nearly every area of life, owing to

widespread discrimination, as well as the consequences of not having civil documents nor being registered

which, in turn restricts their access to rights, such as health care, education and employment. Moreover,

documentation gaps increase the risk of exposure to various abuses, including human trafficking.


UNHCR's approach in Bosnia and Herzegovina seeks to respond to both protection and assistance

needs of large groups of IDPs and returnees, refugees and asylum-seekers, and a significant number of

Roma at risk of statelessness. Key priorities for 2012 and 2013 are access to rights, free legal aid, income

generation, and support for return and local integration.

In 2012 and 2013, UNHCR will:

Advocate measures with the national authorities to bring to an end the protracted displacementchapter of the residual IDP population.

Ensure access to free legal aid, income generation and livelihood projects for returnees anddisplaced people, in addition to supporting housing initiatives for displaced persons to facilitate

their local integration.

Build the capacities of social welfare centres so as to enable them to assist people of concern. Help the authorities to strengthen the asylum system and ensure refugees and asylum-seekers have

access to their rights.

Support refugees from Croatia with free legal aid and/or income-generating activities so that theycan find durable solutions, either through voluntary repatriation or local integration.

Help Roma at risk of statelessness to gain civil-status documentation.Constraints

The fragmented nature of Bosnia and Herzegovina's Government structures and society hinders

recovery and reconciliation efforts. Moreover, the decentralized and complex administrative structure

creates confusion over responsibility for important State functions. Such conditions are not conducive to

the development of clear and effective means for ensuring human rights and protecting refugees and

asylum-seekers. Although asylum legislation is largely in line with international standards, concerns

persist as to the manner in which the legislation is interpreted and implemented.


14/30

Page 14of 30

The social welfare system is grossly underfunded and the needs surpass its capacity. The

economy has not yet recovered from the global economic crisis and unemployment remains high, making

it difficult to sustain livelihoods, particularly for people of concern to UNHCR.

Organization and implementation

Coordination

UNHCR continues to work alongside the authorities at all levels, in particular with the Ministry

for Human Rights and Refugees and the Ministry of Security. The Office is also on the Board of

Principals, which is composed of members of the key international agencies in the country. It is an active

member of the UN Country Team, and works closely with other international organizations, such as the

Office of the High Representative, the EU, Council of Europe and OSCE, as well as various international

and national NGOs, donors and multilateral bodies.


The budget for Bosnia and Herzegovina calls for USD 15 million in 2012, and USD 9.1 millionin 2013, the progressive reduction reflecting the phasing down of UNHCR's operational involvement in

the country. Of the budgeted amount, 62 per cent is allocated for IDPs, 28 per cent for refugees and

asylum-seekers and 10 per cent for stateless people. Important components of the budget concern durable

solutions for vulnerable IDPs, support for self-reliance and the provision of livelihood opportunities.


15/30

Page 15of 30

2012 UNHCR country operations profile Iraq

UNHCR 2012-2013 planning figures for Bosnia and Herzegovina

TYPE OFPOPULATION

ORIGIN

JAN 2012 DEC 2012 - JAN 2013 DEC 2013

TOTAL IN

COUNTRY

OFWHOMASSISTED

BYUNHCR

TOTAL IN

COUNTRY

OFWHOMASSISTED

BYUNHCR

TOTAL IN

COUNTRY

OFWHOMASSISTED

BYUNHCR

Total 150,760 35,160 140,870 25,280 91,490 13,510

Refugees

Croatia 6,000 230 4,970 800 -- --

Serbia(Kosovo SC

Res. 1244)

140 140 140 140 130 130

Various 30 30 30 30 30 30

Asylum-seekers

Serbia(Kosovo SCRes. 1244)

20 20 -- -- -- --

Various 70 70 80 80 80 80

Returnees(refugees)

Bosnia andHerzegovina

500 50 450 50 400 30

IDPs

Bosnia and

Herzegovina 95,000 30,000 90,000 20,000 60,000 10,000

Returnees(IDPs)


450 450 320 320 200 200

Stateless Stateless 4,900 1,000 3,900 900 3,000 1,000

Others ofConcern


43,650 3,170 40,980 2,970 27,650 2,040


16/30

Page 16of 30

UNHCR is working with the Government of Iraq to end displacement through a comprehensiveplan that should be fully operational in 2012. No significant movement of Iraqis either into or out of Iraq

is foreseen in 2012. Although the events in the Syrian Arab Republic had not generated significant flows

across the Iraqi-Syrian border as of August 2011, the situation remains volatile. UNHCR stands ready for

any potential influx of returning Iraqi refugees, or of asylum-seekers and refugees from neighbouring

countries.

Some one million people remain displaced throughout the country, of whom hundreds of

thousands live in dire conditions. Most are unable to return to their areas of origin because of the volatile

security situation, the destruction of their homes, or lack of access to services.

Some 38,000 refugees and asylum-seekers live in camps, settlements or urban centres, including some

10,000 Palestinians who reside in the capital, and another 210 or so in Al Waleed Camp in Al-Anbargovernorate in Iraq.

The needs

Internal displacement remains a major problem, and internally displaced persons (IDPs) require

continued assistance and protection from UNHCR until a dignified solution is found to their plight.

Families live in poor settlements without adequate shelter and with limited access to water, electricity,

schools and health centres. Some 470,000 people reside in 382 settlements in Iraq, including 156,000 in

125 settlements in Baghdad. Many people illegally occupy land and buildings, and are at risk of eviction.

Iraqi returnees -- refugees and IDPs -- are also likely to face many challenges when they return

home, such as continuing insecurity in some areas, unemployment and a lack of basic services and

documentation. Refugees in camps and urban settlements are also vulnerable, and require protection and

regular assistance from UNHCR. Stateless people face similar problems.

UNHCR 2012-2013 planning figures for Iraq

TYPE OFORIGIN JAN 2012 DEC 2012 - JAN 2013 DEC 2013


17/30

Page 17of 30

POPULATIONTOTAL INCOUNTRY


TOTAL INCOUNTRY


TOTAL INCOUNTRY


Total 1,577,050 490,100 1,337,700 409,100 1,080,350 333,680

Refugees

Islamic Rep.of Iran

7,400 7,400 7,400 7,400 7,100 7,100

Palestinians 8,700 8,700 8,700 8,700 8,400 8,400

Turkey 15,400 15,400 15,400 15,400 15,000 15,000

Various 200 200 200 200 150 150

Asylum-seekers

Islamic Rep.of Iran

1,440 1,440 1,380 1,380 1,200 1,200

Syrian ArabRep.

500 500 200 200 160 160

Turkey 400 400 400 400 320 320

Various 10 10 20 20 20 20

Returnees(refugees)

Iraq 75,000 50,000 50,000 30,000 25,000 15,000

IDPs Iraq 1,143,000 350,000 1,000,000 300,000 850,000 250,000

People in IDP-like situations

Iraq 5,000 400 4,000 300 3,000 250

Returnees(IDPs)

Iraq 200,000 55,500 150,000 45,000 100,000 36,000

Stateless Iraq 120,000 150 100,000 100 70,000 80


UNHCR will continue to collaborate with its partners to ensure that refugees, IDPs and returnees

in Iraq are able to enjoy their fundamental rights. The Office will work to integrate IDPs in their areas of

displacement, or provide them with basic services in their areas of return. In 2011, some 68 per cent of

IDPs surveyed by UNHCR in Baghdad indicated that they still preferred to stay in their area of

displacement rather than return to their area of origin.


18/30


19/30

Page 19of 30


For 2012, UNHCR's budget for Iraq is sharply reduced, as financial support from donors

continues to decline -- a constant trend over the past two years. At the same time, UNHCR looks forward

to an increase in the financial contribution of the Government of Iraq.

The 2012 budget includes shelter activities throughout the country, with an emphasis on Baghdad

and Diyala governorates. The programme component for shelter and, the improvement of livingconditions in settlements represents almost a third of the total budget requirement. Other areas of focus are

improving the protection environment, providing documentation and support to persons of concern in

getting their basic rights as well as developing the capacity of relevant Ministries and addressing the needs

of persons of concern through a network of protection and legal aid centres all over the country.

2012 UNHCR country operations profile Somalia

Somalia has been without a central government since 1991. Continued conflict has led to the

division of the country into three distinct regions: the self-declared Republic of Somaliland, the semi-

autonomous state of Puntland, and south and central Somalia (including the capital, Mogadishu) where the

Transition Federal Government (TFG) is based.The conflict is mainly located in south and central

Somalia, where the TFG, supported by African Union peacekeepers (AMISOM), is opposed by Islamist

insurgents. In early August 2011, Islamist insurgents withdrew from Mogadishu after fierce fighting with

the TFG/AMISOM forces.

On 20 July 2011, the UN Country Team in Somalia announced that parts of southern Somalia

(Bakool and Lower Shabelle) were experiencing famine. It is expected that the affected area will expand

to include all of southern Somalia, from Hiran to the Jubas and Gedo, by the end of the year.

Continuing insecurity, violations of human rights and humanitarian law, and restrictions imposed

on aid agencies by the insurgents in control of most of southern Somalia have aggravated the dire situation

of the population. Currently there are some 4 million people in the country who lack food security.

At the end of July 2011, there were around 1,46 million internally displaced persons (IDPs),

6,900 asylum-seekers and 1,965 refugees in Somalia.

Puntland and Somaliland host refugees, asylum-seekers, and migrants from neighbouring

countries. They live mainly in urban areas and often experience xenophobia, hostility, exploitation and

arbitrary detention. They are in need of medical, educational and livelihood assistance.


20/30

Page 20of 30

UNHCR maintains its presence in Puntland, Somaliland, and southern and central Somalia,

where protection and assistance programmes are implemented for all people of concern. The overall

coordination function of the UNHCR programme in Somalia is based in Nairobi, Kenya.

The needs

It is expected that the negative impact of Somalia's famine will be felt throughout 2012. UNHCR will thus

need to scale up its famine emergency programme, and distribute enhanced assistance packages to the

affected population.

UNHCR will need to improve the distribution of core relief items and emergency shelter to

improve the situation in IDP settlements in Somalia. The majority of IDPs in Somalia live in extremely

congested settlements, on privately owned land, without water and sanitation facilities. They are

frequently subjected to abuse and exploitation.

UNHCR needs to assist some 700,000 people with shelter and relief items, as well as provide

emergency shelter kits, including some 3,000 in Puntland, some 2,000 in Somaliland, and 1,000 in

southern and central Somalia.Women are not adequately protected in Somalia. UNHCR will galvanize efforts and strengthen

measures to address the under-reporting of sexual and gender-based violence and tackle the apparent

indifference of law enforcement officials. The response needs to be revamped, along with increased

availability of legal remedies and medical assistance through partners.

Somalia is one of the main departing points for mixed migratory movements. People embark

from clandestine ports in Somalia in order to cross the Gulf of Aden, putting their lives at great risk.

UNHCR needs to consolidate the existing mixed migration response centres with additional qualified

personnel, while also increasing their number in Puntland and Somaliland. To support the local

infrastructure in both regions, UNHCR needs to construct more border and coastal police posts to tackle

human trafficking and smuggling.


UNHCR's interventions in Somalia focus on its global cluster lead responsibilities in the provision

of shelter/core relief items and protection. In shelter, UNHCR plans to distribute some 120,000 enhanced

assistance packages, 12,000 transitional shelters, 5,900 permanent shelters, and improve the social

infrastructure in settlements. UNHCR will focus on Protection Risk Mitigation Projects livelihood

interventions targeting some 4,000 vulnerable households, of which 80 per cent female-headed;

neighbourhood watch systems in IDP settlements; peaceful coexistence projects (including in host

communities); response and support programmes for some 1,500 survivors of gender-based violence; solar

lighting for civilian protection, and the Population Movement Tracking (PMT) and Protection MonitoringNetwork (PMN) systems. The PMT monitors the displacement of population inside Somalia in order to

assist agencies in planning assistance. The PMN monitors incidents against civilians and violations of

human rights and serves as an advocacy tool.

UNHCR's cluster activities alone will not be able to address all the needs of people of concern in

Somalia. There will be a continuing need to engage other partners in order to have a comprehensive

response. In this regard, UNHCR will act within the UN humanitarian coordination mechanism to

galvanize support for IDPs. At the same time, recognizing that many of the IDPs have been displaced for


21/30


22/30

Page 22of 30

Horn of Africa, to cover additional needs in Somalia. In 2012, UNHCR plans to give priority to

protection, the provision of shelter and emergency assistance packages, protection risk mitigation for

IDPs, and the delivery of basic services for the refugee population. In order to address the needs in a

comprehensive and sustainable manner, more than USD 48 million is needed in 2012

UNHCR 2012-2013 planning figures for Somalia

TYPE OFPOPULATION

ORIGIN

JAN 2012 DEC 2012 - JAN 2013 DEC 2013

TOTAL INCOUNTRY

OF WHOM

ASSISTEDBY

UNHCR

TOTAL INCOUNTRY

OF WHOM

ASSISTEDBY

UNHCR

TOTAL INCOUNTRY

OF WHOM

ASSISTEDBY

UNHCR

Total 1,509,250 609,250 1,510,980 703,510 1,513,200 804,100

Refugees

Eritrea 40 40 50 50 60 60

Ethiopia 2,160 2,160 2,490 2,490 2,860 2,860

Tanzania 100 100 10 10 10 10

Various 20 20 20 20 30 30

Asylum-seekers

Eritrea 40 40 40 40 50 50

Ethiopia 6,830 6,830 8,300 830 10,120 1,010

Tanzania 20 20 20 20 20 20

Various 40 40 50 50 60 60

IDPs Somalia 1,500,000 600,000 1,500,000 700,000 1,500,000 800,000

2012 UNHCR country operations profile - Syrian Arab Republic


23/30

Page 23of 30

The Syrian Arab Republic hosts one of the largest urban refugee and asylum-seeker populations

in the world. The Government and people of the Syrian Arab Republic continue to maintain a generous

open door policy that allows Iraqi refugees to seek asylum and gain access to basic services such as

education and primary health care. Moreover, the normalization of relations between Iraq and the Syrian

Arab Republic in early 2011 has led to a simplification of the visa process for Iraqis wishing to enter the

Syrian Arab Republic.

UNHCR, with the support of the international community and in active partnership with the

Syrian authorities, was able to maintain the protection space granted to refugees and asylum-seekers. With

the assistance of the Syrian Arab Red Crescent, it has continued to provide them with essential services

and assistance.

The widespread unrest throughout the country has nonetheless caused delays in some capacity

building and training work with national counterparts and has slowed the development of a formal legalframework for refugees and asylum-seekers.

Among the positive political reforms recently initiated related to statelessness, the decision on

granting citizenship was adopted under Decree No. 491 in April 2011. In addition, a law has been drafted

allowing Syrian mothers to pass on their nationality to their children. UNHCR has formally informed the

Syrian authorities of its readiness to provide any support these initiatives and their implementation may

require.

The needs

Refugees and asylum-seekers, particularly Iraqis, have continued to approach UNHCR for

registration in 2011, albeit in smaller numbers than in the past. At the same time, there was more interest

in assisted voluntary repatriation as well as independent departures, including back to Iraq.

Beyond the general protection concerns resulting from the current unrest in Syria, its social and

economic impact on people of concern is likely to require UNHCR to provide them with significant direct

assistance in the near future. Moreover, the current situation in the Syrian Arab Republic is likely to cause

serious delays in the resettlement programme, jeopardizing refugees' access to this durable solution.


24/30

Page 24of 30

With refugees exhausting their personal resources and international assistance for public health

and education programmes on the decline, new vulnerabilities could arise even among those who used to

be able to provide for themselves.


UNHCR's overall aim is to meet protection and assistance needs by moving from direct

implementation to greater investment in and reliance on partnerships with national actors and refugees,

thereby increasing the sustainability of the response.

Key activities will include advocacy to maintain the protection space and continued support for

the establishment of a legal framework for refugees.

It will also target financial assistance more precisely, based on a review of existing beneficiaries

and the identification of refugees whose coping mechanisms are affected by the changing political and

socio-economic environment. UNHCR will maintain the inter-agency review of access to medical services

and the prioritization of education interventions and, where possible, hand over specific programme

components to partners. Interventions will focus on building national capacity, including in preventing andresponding to sexual and gender-based violence and providing psychosocial mental health support.

A comprehensive self-reliance strategy will be defined and implemented. Initial indications from

the Ministry of Social Affairs and Labour point to the possibility of self-reliance opportunities for a

limited number of beneficiaries, primarily long-stayers and those least likely to repatriate.

Resettlement departures in 2012 are expected to remain high in absolute terms but represent a

relatively low percentage of the overall population (roughly 10%). It is anticipated that the resettlement of

most of the Palestinians from Iraq residing in Al Hol Camp will allow for the closure of this camp by early

2012.

Concerning statelessness, the Decree No. 491 of April 2011, and the draft law on the transfer of

nationality have given UNHCR an opportunity to renew its offer of support to the authorities. UNHCR

will focus on advocacy, and seek partnerships with relevant national actors to contribute to a constructive

dialogue on statelessness issues.

Constraints

As of mid-2011, all planning assumptions were subject to political and security developments in the

Syrian Arab Republic and Iraq, which could cause further delays in activities involving government

counterparts, and affect options open to refugees.


Coordination

The Syrian Ministry of Foreign Affairs continues to be UNHCR's main partner at the policy level

for refugee protection and the development of a national asylum framework, while the Syrian Arab Red

Crescent (SARC) remains UNHCR's key operational partner. The ministries of Education, Higher

Education and Social Affairs and a small number of international NGOs are other important counterparts.

Partnerships with local associations will also play a bigger role in UNHCR's 2012 strategy.


25/30

Page 25of 30

In addition to the coordination structure defined by the inter-agency Refugee Response Plan, the

2012-2016 UN Development Assistance Framework for the Syrian Arab Republic establishes stronger

links between humanitarian and development programmes. These should be of particular benefit in the

areas of health care, education, public infrastructure, material assistance distribution, capacity-building for

mental health and psychosocial support, and the integration of vulnerable aliens in programmes tackling

disparity, youth and juvenile justice.


The 2012 budget for the Syrian Arab Republic stands at USD 94.5 million, 20 per cent less than

that for 2011 due to the projected reduction in the number of registered Iraqi refugees. However, while the

number of refugees shows a declining trend, their humanitarian needs are rising as their vulnerability

increases. The 2012 budget includes monthly financial stipends, health care, education and other services

for people with specific needs.

UNHCR 2012-2013 planning figures for the Syrian Arab Republic

TYPE OFPOPULATION

ORIGIN

JAN 2012 DEC 2012 - JAN 2013 DEC 2013

TOTAL IN

COUNTRY

OF WHOMASSISTED

BYUNHCR

TOTAL IN

COUNTRY

OF WHOMASSISTED

BYUNHCR

TOTAL IN

COUNTRY

OF WHOMASSISTED

BYUNHCR

Total 1,161,600 118,600 1,162,600 102,600 1,160,600 85,600

[1] Statistics provided by the Government of the Syrian Arab Republic.

Refugees

Afghanistan 1,500 1,500 1,500 1,500 1,500 1,500

Iraq [1] 1,000,000 107,000 1,000,000 90,000 1,000,000 75,000

Somalia 2,650 2,650 2,650 2,650 2,650 2,650

Various 2,700 2,700 2,700 2,700 2,700 2,700

Asylum-seekers

Afghanistan 500 500 500 500 500 500

Iraq 3,000 3,000 4,000 4,000 2,000 2,000

Somalia 350 350 350 350 350 350

Various 900 900 900 900 900 900

Stateless Stateless 150,000 -- 150,000 -- 150,000 --


26/30

Page 26of 30

2012 UNHCR country operations profile Libya

The uprising and subsequent revolution that began in Libya in February 2011 have resulted in

historic changes to the political, economic and social fabric of the country. Although at the time of writingthe conflict appeared to be nearing its conclusion, clashes still continued in some parts of the country. The

heavy fighting, shelling and bombings during the conflict have caused widespread civilian displacement,

especially in front-line areas on the coast and in the Western Nafusa Mountains region. Since February

2011, more than 900,000 people have left the country. Most were third-country nationals, but more than

660,000 Libyans have also fled. In addition, an estimated 200,000 people have been internally displaced.

With the situation improving, significant numbers of Libyans have begun to return from abroad

and within the country to their places of origin but many remain unable or unwilling to return. Prior to the

conflict, there were some 11,000 refugees and asylum-seekers registered with UNHCR in Libya, most

living in urban areas in and around Tripoli.

While Libya is a party to the OAU's 1969 Convention Governing the Specific Aspects of Refugee

Problems in Africa, it is not a signatory to the 1951 Refugee Convention. No national legislation or

administrative structures have been established to address matters of asylum. As such, refugees and

asylum-seekers are part of a mixed-migration context that includes up to two million migrants, having

entered the country owing to Libya's "open door" policy and historical position as a destination country

for people seeking employment and a departure point for Europe. While many third-country nationals,

including some refugees and asylum-seekers, left during the conflict, others continued to arrive in search

of employment, in transit or to seek asylum.


27/30

Page 27of 30

The needs

With Libya's political and economic situation in a state of transition and security improving but

still uncertain, numerous humanitarian needs are expected, especially among pockets of vulnerable people

being identified throughout the country. For the Libyans who fled during the conflict, both internally andabroad, return to their places of origin will be conditional on several factors including, in addition to

security, a functioning public infrastructure, such as schools and health facilities; measures to eliminate

unexploded ordnance; the availability of clean water; and opportunities for livelihoods.

Issues of emergency shelter, land and property will also need to be addressed, given the serious

damage in places such as Misrata and the occupation of public buildings and open spaces by IDPs during

the return process. For many IDPs unable or unwilling to return, reconciliation as part of a broader

transitional justice framework is likely to be critical to ensure peaceful coexistence between communities.

Given the large quantities of unsecured firearms, abandoned ordnance, the proliferation of small arms

among the general population and the presence of multiple armed groups, security will remain a challenge

for all persons of concern.

Refugees and asylum-seekers will also face an uncertain future in the post-conflict environment.

Third-country nationals, refugees and asylum-seekers who have been displaced alongside Libyan civilians

have lost their livelihoods and face increased risks of arrest and detention. In the future, protection space

will be closely linked with the development of Libya's new migration policies. At the same time, there

could be unparalleled opportunities for advocacy with the new Government to develop progressive

national asylum policies, including accession to the 1951 Refugee Convention.


UNHCR's strategy in 2012 will focus on re-establishing protection and assistance for refugees

and asylum-seekers, and identifying durable solutions in the new Libyan context. In the absence ofnational legislation and asylum mechanisms, UNHCR will conduct and strengthen registration and refugee

status determination (RSD) and pursue durable solutions, including resettlement, voluntary repatriation

and local integration, in cooperation with the Government.

As Libya moves toward early recovery and restoration of public services, basic cash assistance,

medical care and educational support for vulnerable persons of concern will be vital to bridge the gaps and

support self-reliance. With positive signals from the National Transitional Council, and in the framework

of a newly established relationship with the authorities and the signing of an agreement by both sides,

UNHCR will assist the authorities to establish national asylum institutions and, potentially, accede to the

1951 Refugee Convention.

UNHCR will also facilitate the sustainable return and reintegration of Libyan refugees fromneighbouring countries and of IDPs within Libya. It will provide urgent assistance to the most vulnerable

IDPs who are unable or unwilling to return to their places of origin. UNHCR has deployed mobile teams

of lawyers, social workers and data specialists who will continue to track population movements and

monitor the protection needs of returnees and IDPs.

Particular attention will be paid to emerging issues relating to housing and access to land and

property. UNHCR will also build on its shelter damage assessments and mapping through pilot

rehabilitation programmes for extremely vulnerable IDPs and returnees in heavily affected locations such


28/30

Page 28of 30

as Misrata. People with specific needs will be assisted through, for instance, training and awareness

programmes on sexual and gender-based violence, urgent referrals where required, and distribution of

non-food items.

The sustainability of return and reintegration will be supported through quick-impact projects that will

assist returnees and host communities, and through local community-based reconciliation initiatives.

These will be accompanied by a comprehensive programme focusing on the improvement of publicattitudes towards persons of concern to minimize the impact of xenophobia, racism and intolerance.

With Libya's transition to a human rights-sensitive society, UNHCR will continue to place strong

emphasis on training and capacity building, including for local councils, law enforcement and key

government counterparts. With an emerging and growing civil society, national NGOs, especially

women's organizations, will also be supported in capacity building. UNHCR is participating with other

UN agencies and the EU in a post-conflict needs assessment process that will lead into the formulation of

a multi-agency recovery plan for Libya.

Constraints

While the post-conflict transition in Libya is expected to open significant new opportunities touphold human rights and the rule of law; the political, operational and security environment remains

uncertain and unpredictable. Much remains unknown in terms of the inclusiveness of the political process,

disarmament and reconciliation between opposing factions in the new Libyan regime. In this context,

UNHCR will need to respond promptly to pockets of vulnerability, as and when they are identified, and

strongly advocate for the protection of refugees and asylum-seekers in Libya.


Coordination

The National Transitional Council is in the process of forming an interim government and holding

national elections. As government ministries resume functions and new ministries take shape, UNHCRexpects close coordination with the Ministries of Justice and the Interior, as well as other counterparts,

such as LibAid and the Libyan Red Crescent.

Within the UN system, UNHCR will maintain its role as lead of the protection and emergency shelter

clusters and will coordinate with and support the work of the United Nations Support Mission in Libya

(UNSMIL). In areas related to human rights, rule of law and transitional justice, UNHCR will seek to

develop, with the relevant services within UNSMIL, close synergies and, if possible, joint interventions.

Implementing and operational partners will continue to make a significant contribution to UNHCR's

activities across all geographic regions in Libya, including in protection monitoring, shelter, distribution

of non-food items and community services for persons of concern with special needs.


The requirements for Libya have increased considerably from USD 6.2 million at the beginning

of 2011 to USD 31.2 million as a consequence of the conflict in the country. While UNHCR will continue

its work with all stakeholders in expanding the protection space for all persons of concern, the 2012

comprehensive budget foresees an increase in the provision of basic services, with particular attention to

community-based activities


29/30

Page 29of 30

UNHCR 2012-2013 planning figures for Libya

TYPE OFPOPULATION

ORIGIN

JAN 2012 DEC 2012 - JAN 2013 DEC 2013

TOTAL INCOUNTRY

OF WHOM

ASSISTEDBY

UNHCR

TOTAL INCOUNTRY

OF WHOM

ASSISTEDBY

UNHCR

TOTAL INCOUNTRY

OF WHOM

ASSISTEDBY

UNHCR

Total 121,000 57,000 90,000 35,500 58,000 27,500

Refugees Various 13,000 10,000 20,000 12,500 25,000 18,000

People inrefugee-likesituations

Various 8,000 5,000 15,000 5,000 18,000 6,000

Returnees

(refugees)Various 35,000 12,000 20,000 8,000 10,000 1,500

IDPs Various 65,000 30,000 35,000 10,000 5000 2,000

-Conclusions -

As you can see,there have been and continue to have problems in terms ofrefugees,especially in the countries mentioned(strong hostile).An effective

employment of international organizations(such as the UN,UNHCR,ICRC) and

local structures is a response expected by hundreds of thousands of people,andthere are plans,approaches. The fate of these persecuted people should not be

viewed as a merchant but a prompt,decisive decision.Your life is an inalienable

right!

The welfare,freedom of thoughts, a job, a express ideas without fear ofpersecution that should not matched with the impossible.A joint effort,good faith of


30/30

those territories hostile to neighboring countries is a help.Security conditions are

priority!

Collective security guarantee starts from the assumption of individualsecurity.It is not something over us!

For decades they tended to be forgotten or ignored,but nowadays they

probably form the single largest group of vulnerable people in the world.

FORGOTTEN NO LONGER !!!

- bibliography

1. http://www.unhcr.org2. United Nations, Treaty Series,vol.189(1954),no.25453. Text of the 1951 Convention Relating to the Status of Refugees4. Text of the 1967 Protocol Relating to the Status of Refugees5. Resolution 2198(XXI) adopted by the United Nations General Assembly6. http://www.refunite.org
http://www.unhcr.org/http://www.unhcr.org/

Documents

Status of Refugee