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<p><b>Doc. 7972</b></p>

<p align="justify">23 December 1997 </p>

<p align="justify"><b>Activities of the Office of the United Nations High Commissioner for Refugees (UNHCR)</b></p>

<p align="justify"><b>1994-1997</b></p>

<p align="justify">Report</p>

<p align="justify">Committee on Migration, Refugees and Demography</p>

<p align="justify">Rapporteur:<b> </b>Mr Carlos Luís, Portugal, Socialist Group</p>

<p align="justify"><i>Summary</i></p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The Office of the United Nations High Commissioner for Refugees (UNHCR) estimates that it cares for some 23 million people in need of protection throughout the world &#8211; not only refugees but also returnees, internally displaced persons, war-affected populations, victims of mass expulsion, stateless persons and, in certain instances, rejected asylum-seekers. The organisation&#8217;s budget runs to some $1.2 billion annually. This report focuses on UNHCR&#8217;s recent work in the Council of Europe area. It also describes the refugee crisis in the Great Lakes Region of Africa as a case study of the sort of problems faced by UNHCR in conflict situations. The Rapporteur pays tribute to the High Commissioner, Mrs Sadako Ogata, and her staff for their remarkable work and calls on the Committee of Ministers to urge the member states of the Council of Europe not only to ensure that UNHCR is supported both politically and financially but also to promote a comprehensive refugee policy for the European region which addresses the root causes of forced migration. The member states are also urged not to lower their traditionally liberal and humanitarian standards of protection for refugees and asylum-seekers. Increased cooperation between UNHCR and the Council of Europe is a keynote of the report.</p>

<p align="justify"><b>I.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Draft recommendation</b></p>

<p align="justify">1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Office of the United Nations High Commissioner for Refugees (UNHCR) estimates that it cares for some 23 million people worldwide - not only refugees and asylum-seekers but also some categories of internally displaced persons, war-affected populations, victims of mass expulsion, returnees, stateless persons and rejected asylum-seekers, among others. A quarter of these are in Europe, a third in Africa and a third in Asia.</p>

<p align="justify">2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Assembly expresses its profound gratitude to the High Commissioner, Mrs Sadako Ogata, and to her staff, for their remarkable, devoted, difficult and often dangerous work to protect and assist refugees and other vulnerable groups. As one way to make this work better known and supported by the European institutions, the Assembly welcomes the establishment of a UNHCR liaison office at the Council of Europe headquarters in Strasbourg.</p>

<p align="justify">3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Increasingly, UNHCR has sought to help prevent situations which may result in forced migration movements. This preventive approach has involved it in conflict resolution, organising regional consultations, and promoting pluralist democracy and human rights.</p>

<p align="justify">4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Assembly considers that a preventive approach to refugee problems should not only be the focus for greater regional cooperation and coordination between the appropriate international organisations, including the Council of Europe in particular, but also inspire the refugee policies of their member states. </p>

<p align="justify">5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Assembly deplores the failure of the international community to provide UNHCR with the support essential to the fulfilment of its mandate in the Great Lakes Region of Africa, where a large number of Rwandan refugees are still unaccounted for. </p>

<p align="justify">6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Assembly is anxious that the refugee and asylum policies of its member states and of the European Union should not result in restricted access to asylum procedures or more restrictive interpretation of the refugee definition.</p>

<p align="justify">7.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Assembly recommends that the Committee of Ministers:</p>

<p align="justify">i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; step up cooperation with UNHCR in the framework of the Council of Europe's programmes of cooperation and assistance with countries of central and eastern Europe, in particular in the legal and human rights fields;</p>

<p align="justify">ii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; urge the Governing Board of the Social Development Fund to intensify its lending for refugee-related projects in those European states most affected by refugee problems which are not yet Fund members, and to step up its consultations with UNHCR with a view to identifying such projects; </p>

<p align="justify">iii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; invite UNHCR to be represented during its discussions of refugee issues;</p>

<p align="justify">iv.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; urge those member, candidate and observer states which have not yet done so to sign and ratify the 1951 Geneva Convention relating to the status of refugees and its 1967 Protocol (Moldova, Ukraine and Georgia) or to lift the geographical limitation on their application of these texts (Turkey and Israel);</p>

<p align="justify">v.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ensure that the data bases provided to the Council of Europe by UNHCR become an integral part of the former's computerised information system and provide access for UNHCR to the public data bases of the Council of Europe;</p>

<p align="justify">vi.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; invite the member states:</p>

<p align="justify"><i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;a.</i>to ensure that unrestricted access to their territory and asylum procedures are maintained for those seeking asylum, in accordance with the 1951 Geneva Convention relating to the status of refugees and its 1967 Protocol;</p>

<p align="justify"><i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;b.</i> to ensure that they do not interpret refugee law in such a way as to deny protection to persons who really need it;</p>

<p align="justify"><i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;c.</i> to promote a multi-faceted policy for the European region, combining harmonised, high-quality asylum procedures; fair burden-sharing; the elaboration of sound principles for the declaration, management, and lifting of temporary protection as a complement to the existing protection regime; the establishment of just methods for returning those not - or no longer - in need of protection; and a prevention-based approach which addresses the root causes of refugee flight;</p>

<p align="justify"><i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;d.</i> to help ensure that UNHCR is not left alone to cope with refugee crises in conflict situations without a guarantee of security provided by the international community;</p>

<p align="justify"><i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;e.</i> to respond generously to UNHCR appeals for funding.</p>

<p align="justify"><b>II.  &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Explanatory memorandum by Mr Luís</b></p>

<p align="justify"><b>Contents</b></p>

<p align="justify">Page</p>

<p align="justify">1.  Introduction&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  5</p>

<p align="justify">2.  UNHCR today&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;   5</p>

<p align="justify">3.  Case-study: the Great Lakes region of Africa&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  7</p>

<p align="justify">4.  Activities in Western Europe&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  9</p>

<p align="justify">5.  Activities in Central Europe&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  10</p>

<p align="justify">6.  Activities in Eastern Europe&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 11</p>

<p align="justify">7.  Relationship with the Council of Europe&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  12</p>

<p align="justify">8.   Conclusion&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  13</p>

<p align="justify"><b>1.</b> <b>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Introduction</b></p>

<p align="justify">1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The last time the Assembly debated the activities of UNHCR was in May 1994 on the basis of the report by Mr Brito (<a href="/ASP/Doc/RefRedirectEN.asp?Doc=Doc. 7079">Doc. 7079</a>). Many of the statements and recommendations contained in the resulting<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Resolution 1034"> Resolution 1034</a> (1994) remain valid today. For example, there has been little improvement in public attitudes towards refugees and asylum-seekers, who still suffer from discrimination and intolerance, and respect for international refugee law remains woefully inadequate. </p>

<p align="justify">2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; However, there has been progress in some areas: a greater effort has been made to provide training for those required to deal with refugees and asylum-seekers, as well as to recognise the activities of non-governmental organisations (NGOs) working on their behalf. In the matter of co-operation between UNHCR and the Council of Europe, an important step forward was made with the establishment of a UNHCR liaison office in Strasbourg.</p>

<p align="justify">3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In covering UNHCR's activities since the last report, your Rapporteur has adopted a somewhat different approach, in that the primary focus is on Europe. This is because it is difficult to cover the whole world in any depth while remaining succinct, and because this report makes recommendations addressed to the member states of the Council of Europe with the aim of strengthening the complementarity of the two organisations within Europe. This is not to minimise the importance of events outside Europe, which obviously have a considerable impact on European policies with regard to refugees and asylum-seekers. For several Council of Europe member states, the number of non-European asylum-seeker arrivals far outweighs the number from within Europe. Moreover, Europe cannot simply divest itself of responsibility for the rest of humanity, however far away. Hence the situation in the Great Lakes region of Africa is described in section 3 of the report as a case study of one of the most difficult problems faced by UNHCR in recent years.</p>

<p align="justify">4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Your Rapporteur would like to thank the staff of UNHCR for their unfailing willingness to provide help and information, and particularly for their welcome and hospitality at UNHCR's impressive new headquarters in Geneva during his visit there on 16 June 1997.</p>

<p align="justify"><b>2. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  UNHCR today</b></p>

<p align="justify">5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; As a result of the huge scale of forced population movements throughout the world in recent years, UNHCR has been involved in a succession of mass repatriation programmes and large scale emergency operations. Consequently, the organisation's budget, staffing levels, international presence and relief activities have all expanded at an unprecedented rate.</p>

<p align="justify">6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The nature of UNHCR's work has also changed. In the past, UNHCR activities were concentrated on countries of asylum. Since the 1980s they have increasingly been carried out in countries of origin &#8722; in conflict zones and in the context of peacekeeping, peacebuilding and conflict resolution.</p>

<p align="justify">7.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; UNHCR has also initiated a number of regional consultations (eg on the situation in the Commonwealth of Independent States - CIS) and has been called upon to extend its services not only to refugees but also to other groups of people in need of international protection: returnees, internally displaced persons, war-affected populations, victims of mass expulsion, stateless persons and, in certain instances, rejected asylum-seekers.</p>

<p align="justify">8.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Thus the numbers of people of concern to UNHCR rose from some 20 million in 1994 to a peak of 26 million in 1996, falling back to about 23 million today. Some 25% of these were in Europe, 30% in Africa and 30% in Asia.</p>

<p align="justify">9.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Total UNHCR expenditure was $1.19 billion in 1994 and $1.146 billion in 1996. The largest share of this funding was allocated to the repatriation programme and for the Great Lakes and Ex-Yugoslavia operations. At the time of writing this report, UNHCR still lacked  $292.1 million for 1997 out of a total target expenditure figure of $1,19 billion. In the years to come, more restrictive and less generous funding trends are expected.</p>

<p align="justify">10.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The number of UNHCR staff members, including short-term staff, has increased from 5,152 in 1994 to almost 5,600 in 1997, of whom 82% are in the field and 60% are in non-family duty stations in places of hardship.</p>

<p align="justify">11.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; UNHCR staff members are facing more and more security problems. Several staff members died on duty. The killing of humanitarian workers underlines the extent to which humanitarian organisations operating in lawless environments are threatened by a variety of state and non-state actors. </p>

<p align="justify">12.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; UNHCR has 255 offices in 123 countries. It has a field presence in all member states of the Council of Europe. The most recently established office is in Moldova.</p>

<p align="justify">13.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Faced with these new challenges, UNHCR has tried to maximise the effectiveness and efficiency of its activities.  The main difficulty lies in trying to accomplish this task while improving the organization's capacity to protect the welfare of refugees and other persons in need, while simultaneously respecting budgetary constraints, staffing levels and operational presence. </p>

<p align="justify">14.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The first preoccupation for UNHCR has been to gain a better understanding of the key issues at stake, and to enhance its capacity for strategic planning. This task has recently been addressed with the creation of a department dealing with research and policy issues. This department relies on internal and external advice (academic, NGO, governmental, media).  </p>

<p align="justify">15.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Secondly, UNHCR is analysing and evaluating its activities so as to ensure that lessons learned are transferred from one country and operation to another.</p>

<p align="justify">16.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Thirdly, the human resources issue is being addressed through an on-going review of UNHCR's structures and procedures in order to achieve greater efficiency and economy. This will take a long time. In practical terms this means assigning staff where their skills and experience can be put to the best use, providing them with the necessary training to function effectively, and ensuring that they receive adequate practical and psychological assistance &#8722; especially those serving in the growing number of difficult and dangerous duty stations.</p>

<p align="justify">17.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; However, UNHCR cannot function alone. UNHCR does not have a monopoly of expertise regarding the complex situations in which it is involved. Therefore, it is seeking active partnerships and improved co-ordination with other humanitarian, human rights and development organisations for the years to come, including the Council of Europe.</p>

<p align="justify"><b>3. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Case-study: the Great Lakes region of Africa</b></p>

<p align="justify">18.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The series of refugee crises in the Great Lakes region of Central Africa sparked by the genocide in Rwanda in 1994 exemplifies a whole series of problems faced by UNHCR in its efforts to protect, provide for, and repatriate, or rather, &quot;rescue&quot; massive numbers of refugees and displaced persons in conflict situations. </p>

<p align="justify">19.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; As a result of the genocide and civil war which raged in Rwanda in 1994, more than two million people left the country to seek refuge in neighbouring Burundi, Zaire, Tanzania and Uganda. In addition, some 2-3 million Rwandans were displaced within their own country. </p>

<p align="justify">20.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The first problem that UNHCR had to face was the urgent setting up of refugee camps and the provision of emergency assistance. Immediately following the genocide, more than 200,000 refugees fled across the border to the Ngara district of Tanzania, which hosted the largest refugee camp (Benaco Camp) in the world. UNHCR responded by providing emergency assistance such as food, water and health care. </p>

<p align="justify">21.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Some 75,000 Rwandan refugees fled to Burundi, joining 245,000 compatriots already there since the 1960s as well as some 200,000 Burundian returnees who were now internally displaced within their own country.</p>

<p align="justify">22.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Approximately 850,000 Rwandan refugees entered North Kivu in Zaire, followed by 500,000 to South Kivu. The refugees settled in five camps around Goma in eastern Zaire, close to the Rwandan border. Most of these refugees were civilians of Hutu origin, but among them were many former Rwandan army soldiers and militiamen, generally accused of having carried out the genocide of Tutsis in Rwanda. Not only did these armed elements launch attacks against border towns in Rwanda, but they used the genuine refugees as cover against retaliation. This did not prevent such retaliation, however, with refugees inevitably caught in the middle. Moreover, UNHCR was accused of protecting the perpetrators of genocide by allowing them to hide in the camps, which resulted in lack of co-operation in the provision of assistance to the refugees. </p>

<p align="justify">23.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; But because of the massive numbers involved, and above all because the international community failed to send a military intervention force, UNHCR had no possibility to separate armed elements from the genuine refugees. A difficult dilemma arose from the fact that the social and political structures of Rwandan society were transposed to the camps, so that those accused of leading the genocide were also camp leaders, some of whom were initially involved in the distribution of food, water and other vital supplies. Moreover, the genuine refugees were under constant threat of violence designed to prevent them from attempting to return. Indeed one of the commonest wounds seen by aid workers among the refugees was a lacerated heel at the Achilles' tendon.</p>

<p align="justify">24.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In October 1996, threatened with expulsion by the then Zairean Government, the Tutsi minority in eastern Zaire joined forces in armed rebellion with the opposition under Laurent-Désiré Kabila. Aided by the Rwandan army, this Alliance of Democratic Forces for the Liberation of Congo-Zaire (ADFL) swept across the country, taking power in just seven months. Refugee camps were attacked, causing a panic movement back to Rwanda of some 685,000 refugees in November and December 1996. The remainder, numbering about 500,000 mainly Rwandan Hutus, moved westwards to escape the rebel advance. At the same time, although the United Nations Security Council decided to send a multilateral force to eastern Zaire, this did not materialise. UNHCR was left alone with its &quot;protection&quot; mandate, to respond as best it could to the continuing tragedy of the Rwandan refugees in Zaire.</p>

<p align="justify">25.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Although the rebel forces promised not to attack the refugee camps in their advance on the capital, Kinshasa, the Tingi-Tingi camps were seized on 27 February 1997, leading to a mass flight of refugees into hiding in the forest, where UNHCR attempted to find them with only partial success. Other refugees moved from camp to camp to escape the fighting. UNHCR, regarded with suspicion because of its earlier failure to screen out the alleged perpetrators of genocide, was denied access to the Kasese and Biaro camps in April 1997, where it is suspected that those refugees too weak to flee were massacred. The United Nations is attempting to investigate the fate of the refugees, large numbers of whom are still missing.</p>

<p align="justify">26.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Realising the urgency and gravity of the situation facing the refugees in eastern Zaire, UNHCR tried to persuade the Zairean authorities and rebel leaders that they should be allowed to repatriate the refugees back to Rwanda. In the event, UNHCR conducted a massive repatriation, which they prefer to call a &quot;rescue&quot; operation, since return was not entirely voluntary. Some 106,530 were repatriated by land and 57,979 by air between January and July 1997. Naturally, this was no less of a dilemma for UNHCR, which had to choose between leaving malnourished, disease-ridden and often wounded refugees without protection or assistance in war-torn Zaire at the mercy of the warring parties, and returning the refugees to possible persecution and continued deprivation in Rwanda. </p>

<p align="justify">27.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; UNHCR then faced the problem of forced returns from the newly proclaimed Democratic Republic of Congo (DRC) and other countries to which Rwandan refugees had fled. On 4 September 1997 the UNHCR transit camp at Kisangani in eastern DRC was emptied by force. On 9 September, in view of the drastic deterioration of the situation in the region, the High Commissioner for Refugees announced the suspension of all operations in the DRC, including planned screening, pending guarantees that the refugees would be treated in accordance with standards of humanitarian and refugee law and that the staff of humanitarian organisations could work in safety. This unprecedented withdrawal was welcomed by Mr Kabila, now solely responsible for the fate of the remaining Rwandan refugees.</p>

<p align="justify">28.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; This case study illustates some of the fundamental difficulties and dilemmas faced by UNHCR in its work to protect and assist refugees in conflict zones:</p>

<p align="justify">- how to ensure that refugee camps are located at a sufficient distance from the frontier of the host country so as to prevent cross-border attacks;</p>

<p align="justify">-&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; how to separate genuine refugees from alleged perpetrators of genocide, from intimidators seeking to prevent return, and from other armed elements using the refugees as cover and source of essential supplies;</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;-&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; how to protect genuine refugees under attack in the host country and whether to repatriate them, thus exposing them to persecution;</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;-&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; how to react when UNHCR is prevented from carrying out its mandate in a hostile environment;</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;-&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; how to identify and deal with the authorities in the warring country with power to take and implement the necessary decisions. </p>

<p align="justify">29.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; There is one essential answer to these dilemmas and difficulties which your Rapporteur would like to emphasise: the unacceptable failure of the international community to provide UNHCR with the support essential to the fulfilment of its mandate should never be allowed to happen again.</p>

<p align="justify"><b>4. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Activities in Western Europe</b></p>

<p align="justify">30.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In Western Europe, numbers of refugees have decreased steadily over the past few years.  In 1995, the number of asylum-seekers in western European countries was around 264,000, approximately 12% less than the year before. The current number of applications represents only 60% of the figure in the peak year 1992. However, this decrease has not been uniform across countries, some of which have witnessed an increase in numbers compared with 1995 figures.</p>

<p align="justify">31.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; UNHCR programme activities in Western Europe will be reduced in the future, and will focus on refugee law, public awareness and training.  Resources will be re-directed to the Baltic states and CIS. </p>

<p align="justify">32.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Although the primary concern of UNHCR &#8722; and its main activity in Western Europe &#8722; is the protection of refugees, the international climate is not particularly conducive to the fulfilment of this task. Many host countries are tired of bearing the costs of refugees, and some countries refuse to provide asylum-seekers with adequate protection.</p>

<p align="justify">33.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; UNHCR recognises the dilemma which illegal migration poses to countries. Abuse of the asylum channel to circumvent migration controls must be curtailed, as it is detrimental to the genuine refugee. UNHCR also accepts the need for rapid identification of genuine refugee applicants, and temporary protection, as understandable responses to mass displacement situations. </p>

<p align="justify">34.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; As for proposals by the European institutions (the Council of Europe Assembly and the Commission of the European Communities) to harmonise national policies and practices governing temporary protection for very large numbers of people forced to flee countries beset by war, civil strife, widespread violence or natural disasters, UNHCR has sought to ensure that these are complementary to and compatible with the 1951 Geneva Convention relating to the status of refugees and its 1967 Protocol, and that the declaration, management and lifting of any temporary protection regime must be closely coordinated with UNHCR.</p>

<p align="justify">35.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; UNHCR welcomes all efforts by the European Union to harmonise policies and interpretation, so as to avoid uneven burden sharing and &quot;shopping around&quot; by asylum- seekers.</p>

<p align="justify">36.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Although it may be said that UNHCR acknowledges the need for some adjustment of national policies to meet the requirements of European integration, its stance becomes critical when these new approaches begin to threaten protection rather than improve it; when genuine asylum-seekers are met with closed doors rather than improved procedures; and when European countries interpret refugee law in a way which denies protection to persons who really need it.</p>

<p align="justify">37.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; UNHCR's efforts are directed at trying to correct any harmonisation or legislation at the lowest common denominator of protection. This is the case, for example, where states refuse to recognize as refugees people who fear persecution by agents other than those of the state.</p>

<p align="justify">38.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; UNHCR has two main concerns in Europe.  The first is to preserve access to state territory and to asylum procedures. Such procedures have been largely curtailed without simultaneously taking appropriate measures to ensure the protection of genuine refugees. The second concern is the tendency to apply the refugee definition restrictively, basing exclusion on technicalities.</p>

<p align="justify">39.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; UNHCR therefore recommends a multifaceted policy for the region, combining harmonised, high quality asylum procedures, fair burden sharing (without shifting the burden to those unable to shoulder it),  the establishment of appropriate methods to return persons not &#8722; or no longer &#8722; in need of protection, and a prevention-based policy which addresses the human rights violations and other causes of flight. UNHCR is also concerned with elaborating principles for the declaration, management and lifting of temporary protection which should complement &#8722; rather than  replace &#8722; the existing protection regime.</p>

<p align="justify">40.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; UNHCR also monitors national developments. Portugal, for example, is preparing a new law on asylum. </p>

<p align="justify"><b>5. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Activities in Central Europe</b></p>

<p align="justify">41.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In Central Europe, UNHCR is involved in institution and capacity building in the area of asylum. UNHCR's activities include advising governments and parliaments on establishing fair and accessible procedures for determining refugee status. This was, for example, the case in the Czech and Slovak Republics, Hungary, and Poland &#8722; with a view, for example, to removing the geographical limitation to the application of the 1951 Geneva Convention. The Baltic states have acceded to the 1951 Geneva Convention and 1967 Protocol relating to the Status of Refugees and have adopted refugee laws. Bulgaria is among the countries receiving ongoing advice on new asylum and refugee laws. UNHCR is also involved in numerous training activities in Central Europe.</p>

<p align="justify">42.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The lack of accommodation and difficulties in finding gainful employment for asylum-seekers and refugees remains the main obstacle to refugee integration in the host countries, and a cause of irregular refugee movements towards Western Europe. UNHCR has begun to alert institutions that could intervene such as the European Commission (Phare) and the Council of Europe's Social Development Fund, which has played a very modest role so far in spite of its mandate to help Fund member states to cope with the problems arising from the presence of refugees. The lesson is that more Council of Europe member states should join the Fund, and members should be prepared to guarantee loans to other European states most affected by refugee problems which are not yet members of the Fund. </p>

<p align="justify">43.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Moreover, UNHCR, in co-operation with the Council of Europe, has advised countries on the prevention of statelessness, and on the drafting of laws in conformity with international standards.</p>

<p align="justify"><b>6. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Activities in Eastern Europe</b></p>

<p align="justify">44.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; As fully described in the report by Mr Filimonov on the subject (cf. <a href="/ASP/Doc/RefRedirectEN.asp?Doc=Doc 7829">Doc 7829</a> and<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Recommendation 1334"> Recommendation 1334</a> (1997), the CIS Conference took place in Geneva on 30-31 May 1996, and was attended by 12 CIS countries, 70 interested states, 30 IGOs and 77 NGOs.</p>

<p align="justify">45.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Conference adopted a plan of action to deal with refugee and migrant problems in the region, based on human rights and principles of international humanitarian law. The plan of action establishes eight categories of persons, and covers a wide array of issues, ranging from operational aspects to international co-operation. Its main premise is the need to build democratic institutions and to strengthen civil society. </p>

<p align="justify">46.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The programme of action includes numerous references to NGOs, which can &#8722; and should &#8722; play a role in advocating and disseminating human rights and other issues, in monitoring and evaluating, in implementing assistance programmes, in public information and education, in conflict prevention and early warning. Many UNHCR activities for 1997 are designed to strengthen the capacity of local and national NGOs in the CIS countries to play their role more effectively.</p>

<p align="justify">47.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Since the Conference, UNHCR activities have been designed to include assistance to persons formerly deported or involuntarily transferred. The problems these persons face require a multi-disciplinary response from the United Nations Development Programme (UNDP), the Council of Europe, the European Union, and the Organisation for Security and Cooperation in Europe (OSCE), in particular its High Commissioner for national minorities.</p>

<p align="justify">48.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Similarly, in cooperation with the Council of Europe, UNHCR is reinforcing its capacity-building in this region to resolve the question of statelessness.</p>

<p align="justify">49.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Support for the Conference programme is needed. It is true that governments in the region have lowered their expectations of receiving large amounts of funding, realising that this is not realistic given budgetary constraints and other priorities of donor countries.  Nonetheless, both political and financial support is needed. CIS countries do not have the capacity to cope with these problems alone. The international community needs to demonstrate active support. </p>

<p align="justify">50.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Apart from the Conference objectives, UNHCR's main activity in the CIS region is to ensure protection for refugees and internally displaced persons and to provide them with adequate assistance and solutions. UNHCR's broader goal is to strengthen the rule of law in the newly democratic societies, assist countries in the appropriate management of population movements, and prevent situations &#8722; including conflict situations &#8722; which lead to involuntary  population movements. </p>

<p align="justify">51.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; UNHCR assists in developing legal systems and procedures to handle population movements effectively, paying particular attention to refugee law, asylum policies, refugee status determination and citizenship laws, and ensuring that national policies and legislation are consistent with international refugee and human rights instruments. UNHCR achieves these objectives by providing technical advice to governments, and through capacity building activities, such as training workshops and seminars. Georgia and Azerbaijan are preparing new asylum laws; Russia is about to adopt one. </p>

<p align="justify">52.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; UNHCR is also involved in material assistance programmes (shelter, health care, income-generation activities) for populations in need of integration or temporary integration.</p>

<p align="justify">53.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Voluntary and safe return of refugees and internally displaced persons to their former places of residence is another prime concern. UNHCR tries, wherever possible, to bring the relevant parties together. In South-West Tajikistan, a major return operation was successfully carried out, and more such operations will be necessary following the recent peace agreement signed in Moscow.</p>

<p align="justify">54.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Emphasizing prevention, UNHCR is further developing its strategies to raise public awareness concerning refugees and internally displaced persons, for example through mass information campaigns, and to promote ethnic tolerance in an attempt to mitigate tensions which might cause further involuntary movements. </p>

<p align="justify">55.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In conflict situations, UNHCR encourages parties to consider the humanitarian dimensions of the conflict resolution process and to agree on conditions guaranteeing the security of the affected populations and the delivery of humanitarian assistance. UNHCR also seeks to promote the early involvement of development agencies so that post-conflict rehabilitation can rapidly get underway.</p>

<p align="justify"><b>7. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Relationship with the Council of Europe</b></p>

<p align="justify">56.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Council of Europe has developed co-operation and assistance programmes with countries of Central and Eastern Europe in general (Demosthenes, Interparliamentary Cooperation Programme) and more specifically in the legal (Demo-droit and Themis), human rights and local authorities (LODE) fields. These programmes coincide with UNHCR objectives in the region. There is a need for more joint programmes by the two organisations.  The first joint programme for local NGOs in Baku was a positive step, and hopefully further cooperation will take place in 1998, particularly in the area of NGO legislation in CIS countries.</p>

<p align="justify">57.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Similar co-operation should be sought in developing the jurisprudence of the Strasbourg human rights institutions, which have in recent years tended to increase their focus on refugee issues. The relevant decisions of the European Court of Human Rights should be taken into account by states when drafting their legislation.</p>

<p align="justify">58.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The establishment of a UNHCR office in Strasbourg is to be welcomed as a clear example of co-operation. By establishing an office in Strasbourg, UNHCR has set an example for other international organisations for improving co-operation among them. It also shows that refugee problems cannot be addressed properly in isolation,  but must be dealt with by concerting international efforts.</p>

<p align="justify">59.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Your Rapporteur also recommends that the annual tri-partite meeting between the UN, the OSCE and Council of Europe (with ICRC also attending) at the level of the heads of these organisations should be continued.</p>

<p align="justify">60.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; There are signs that the Council of Europe's Social Development Fund may be increasing its lending for refugee-related projects. It certainly has the capacity to do so if only Fund member states would guarantee loans in the non-member states where they are most needed. UNHCR is ready to cooperate in identifying suitable projects.</p>

<p align="justify">61.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Given the importance of refugee issues nowadays, consideration might be given to inviting UNHCR, on a consultative basis, to attend meetings of the Council of Europe's Committee of Ministers when it comes to discussion on them.</p>

<p align="justify">62.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Parliamentary Assembly should be more energetic about seeking the compliance of member states with the Assembly's texts. For instance Parliamentary Assembly recommendations on asylum procedure should be an integral part of national legislation.</p>

<p align="justify">63.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Accession to the 1951 Geneva Convention and 1967 Protocol by Council of Europe member states (ie Moldova and Ukraine) as well as candidate states (ie Georgia), should be actively sought and encouraged, while every effort should be made to persuade those member states still maintaining geographical limitations (ie Turkey) to lift them.</p>

<p align="justify">64.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; UNHCR co-operated actively with the Council of Europe in the preparation of the latter's Convention on Nationality, and member states should accede to it as soon as possible.</p>

<p align="justify">65.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In his 1994 report, Mr. Brito recommended an agreement which would give access to UNHCR data bases. Your Rapporteur recommends that the CD-Rom issued to the Council of Europe become an integral part of the Council of Europe's computerised system, enabling any Council of Europe official to access UNHCR data banks, and vice-versa.</p>

<p align="justify"><b>8. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Conclusion</b></p>

<p align="justify">66.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; UNHCR is a humanitarian organisation operating world-wide to provide protection and assistance for some 23 million forcibly displaced people - almost 6 million in Europe alone. UNHCR symbolises the highest calling and duty of the international community to help save lives and relieve the suffering of humanity. It is only right that the international community should give UNHCR its full support in its difficult and often dangerous task. But expressions of solidarity are not enough - these must be translated into firm financial and political commitments and action. That is why your Rapporteur urges the Parliamentary Assembly, the Committee of Ministers and the member states to give their overwhelming and unstinting support to UNHCR and to the recommendations made in this report.</p>

<p align="justify">Reporting committee&nbsp;: Committee on Migration, Refugees and Demography.</p>

<p align="justify">Budgetary implications for the Assembly&nbsp;: none.</p>

<p align="justify">Origin:<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Recommendation 1105"> Recommendation 1105</a> (1989) of 9 May 1989.</p>

<p align="justify">Draft recommendation unanimously adopted by the committee on 18 December 1997.</p>

<p align="justify">Members of the committee: Mrs <i>Aguiar</i> (Chairperson), MM. <i>Iwi&#324;ski</i>, Junghanns (Vice-Chairmen), Açba (Alternate&nbsp;: <i>Sungur</i>), Akselsen, Amoruso, Andres, Árnason, Mrs Arnold, MM. <i>Atkinson</i>, Aushev, Beaufays (Alternate&nbsp;: <i>Ghesquière</i>), <i>Billing</i>, Bogomolov, van den Bos, Brancati, Mrs Brasseur, MM. <i>Brennan</i>, Caceres (Alternate&nbsp;: <i>Diaz de Mera</i>), Cardona, <i>Christodoulides</i>, Chyzh, Clerfayt, Debarge, <i>Dinçer</i>, Mrs Fehr, MM. Filimonov, <i>Fuhrmann</i>, Mrs Garajová, Gremetz, <i>Gross</i>, Jakic, Mrs <i>Johansson</i>, <i>Lord Judd</i>, MM. <i>Kalus</i>, Karas, Kukk, Mrs Kusnere, MM. Laakso, <i>Lauricella</i>, Laurinkus (Alternate&nbsp;: <i>Staciokas</i>), Lazarescu, Le Jeune, <i>Liapis</i>, <i>Loukota</i>, Luís, Melo, Mészáros, Micheloyiannis, Minkov, Molnár, Moser, Nogalo, Rakhansky, von Schmude, Sincai (Alternate&nbsp;: <i>Pâslaru</i>), Solonari, Mrs Soutendijk-van Appeldoorn, MM. Tahir, Vangelov, Wray , N... (Alternate: Mrs <i>Guirado</i>).</p>

<p align="justify"><i>N.B.  The names of those members present at the meeting are printed in italics.</i></p>

<p align="justify">Secretaries of the committee: Mr Newman, Mr Sich and Mrs Nachilo.</p>
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