The Challenges of Providing The Challenges of Providing International Protection International Protection

for Refugees for Refugees in the Mixed Migration Contextin the Mixed Migration Context

Marion Hoffmann The UN Refugee Agency (UNHCR)

Workshop on Mixed FlowsWorkshop on Mixed FlowsRegional Migration ConferenceRegional Migration Conference

San José, Costa RicaSan José, Costa Rica11 August 2008 11 August 2008

International Protection Regime for Refugees

International protection principles

• Right to seek asylum.

• Principle of “non-refoulement”.

• Principle of non-sanction for illegal entry or presence.

• Principle of non-discrimination.

International Legal FrameworkInternational Legal Framework

• The 1951 Convention relating to the The 1951 Convention relating to the Status of Refugees.Status of Refugees.

• The 1967 Protocol.The 1967 Protocol.

• The 1969 Organization of African The 1969 Organization of African Unity (OAU) Convention.Unity (OAU) Convention.

• The 1984 Cartagena Declaration.The 1984 Cartagena Declaration.

Globalisation.Globalisation.

International migration and mixed migratory International migration and mixed migratory flows. flows.

Expansion of the international migration Expansion of the international migration industry: human smuggling and trafficking. industry: human smuggling and trafficking.

Global and regional initiatives and processes Global and regional initiatives and processes to address migration. to address migration.

Current contextCurrent context

• Global Consultations (2001).Global Consultations (2001).

• Convention Plus and the Agenda for Convention Plus and the Agenda for Protection (2004).Protection (2004).

• High Commissioner’s Dialogue on High Commissioner’s Dialogue on Protection Challenges (2007).Protection Challenges (2007).

Consultation Processes of UNHCR

Migration-Asylum Migration-Asylum Nexus Nexus

Protection ChallengesProtection Challenges

Definition of Mixed Migration

Mixed migratory flows include: Mixed migratory flows include:

(a)(a) persons who are refugees and need international persons who are refugees and need international protection; protection;

(b)(b) vulnerable persons who need protection but are vulnerable persons who need protection but are not refugees; and not refugees; and

(c)(c) persons who move for reasons that are not related persons who move for reasons that are not related to protection needs. to protection needs.

Global Migration

State Concerns

• SecuritySecurity• SovereigntySovereignty• CapacityCapacity• CostCost• Local hostility Local hostility • Misuse of asylum system (due to lack Misuse of asylum system (due to lack

of alternatives)of alternatives)

State Responses

• Border controls and surveillance

• Interception and interdiction

• Detention and prosecution

• Deportation and return

• Accelerated asylum procedures

• Extra-territorial processing

UNHCR’s Approach

• Recognize state concerns• Maintain integrity of asylum systems • Provide protection to those in need• Safeguard the welfare of non-

refugees• Support capacity-building efforts• Promote a balanced debate

UNHCR Contribution to the Debate

(I) 10-Point Action Plan on Mixed Migration (June 2006)

(II) High Commissioner’s Dialogue on Protection Challenges (December 2007)

10-Point Plan of Action

1. Cooperation among key partners 2. Data collection and analysis 3. Protection-sensitive entry systems 4. Reception arrangements 5. Mechanisms for profiling and

referral

(…)

(…) 6. Differentiated processes and

procedures 7. Solutions for refugees 8. Addressing secondary movements 9. Return arrangements for non-

refugees and alternative migration options

10. Information strategy

(II) High Commissioner’s Dialogue on Protection Challenges

Examples of Good Practices

• AlbaniaAlbania

• Horn of AfricaHorn of AfricaSomalia – Yemen (Gulf of Aden)Somalia – Yemen (Gulf of Aden)

• North of Africa – the MediterraneanNorth of Africa – the Mediterranean Canary Islands and Lampedusa Canary Islands and Lampedusa

• Migration in the AmericasMigration in the Americas

Rescue at Sea

UNHCR calls upon coastal States to fulfil their international obligations under the Law of the Sea, and to strengthen coordination and cooperation in rescue operations.

Migration in Migration in the Americas the Americas (Continental (Continental

and the and the Caribbean)Caribbean)

Ibero American Summit (November 2006)

• Ibero American states expressed their Ibero American states expressed their concern regarding refugee protection in concern regarding refugee protection in the Commitment of Montevideo and the Commitment of Montevideo and vowed to ensure access to protection, vowed to ensure access to protection, education and health services for boy and education and health services for boy and girl refugees.girl refugees.

The Caribbean

• Joint regional seminars between UNHCR and IOM.

• IOM and UNHCR cooperation to facilitate resettlement, voluntary repatriation and family reunification.

• Cooperation between UNHCR and UNICEF for the determination of the best interest of the child.

• Refugee law module in the basic training course for migration officers in Jamaica.

•Regional Conference on Migration (Puebla Process)Since 1996.

•South American Conference on Migration

Since 2000.

Mexico

• Study of unaccompanied minors with Study of unaccompanied minors with international protection needs along the international protection needs along the southern border of Mexico.southern border of Mexico.

• Inter-institutional roundtable on Inter-institutional roundtable on unaccompanied or separated minors and unaccompanied or separated minors and migrant women.migrant women.

• Training and deployment of Child Training and deployment of Child Protection Officers.Protection Officers.

Ecuador

• Network against human smuggling and trafficking with special focus on minors.

• Information and counselling centre in Quito.

• Training and capacity building.

• UNHCR presence at ports and detention centres.

• Challenges and gaps in the international protection of vulnerable groups.

• Addressing secondary movements.

• Migration management which focuses not only on border control, but also human rights and development concerns.

(…)

Pending Issues

(…)

• Refugee protection as a human rights concept.

• Alternatives to detention for asylum seekers.

Thank you!

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