CHAPTER 9 Solution of Refugee islets INTRODUCTION Refugees have been 2 continual and accepted part of human migration for centuries. In ancient times, groups of people facing religious or racial ersecution would often move to a more tolerant region. Refugee crisis started with two World Wars where millions of people migrated from one country to another, mainly due to political persecution. Primarily the refugee crisis was seen as a temporary problem, and the international community responded with the legal and institutional mechanism on an ad hoc basis to deal with the refugee crisis. The best solution considered by the international community was to repatriate refugees as soon as the condition in their home country becomes stable. After the establishment of the United Nations, the international community felt the need to have legal and institutional mechanisms to deal with the refugee crisis. In response, the United Nations General Assembly adopted the 1951 Refugee Convention relating to the Status of Refugees and its Protocol of 1977. The prospect of realising durable and comprehensive solutions to refugee protection is increasingly needed with the growing number of refugees all over the world. International refugee law aims to protect, first, persons seeking asylum from persecution, and second, those recognised as refugees under the relevant instruments. Once the refugee status has been determined, and immediate protection needs are addressed, refugees may need support to find a long-term, durable solution, Durable solutions are achieved when refugees are able to enjoy a secure legal status that assures them access to their rights on a lasting basis. This can be accomplished through voluntary ‘epatriation to the tefugee’s country of origin, through settlement and ‘ntegration in a country of asylum that the refugee reached spontaneously Mh cot (“local integration”) or by means of organised resettlement. The mandate240 SOLUTION OF REFUGEE CRISIS (cy, AP. of United Nations High Commissioner for Refugees (UN CR the task of finding durable solutions for recognised refugees: er Melade« The UNHCR, acting under the authority of the UN Gene; assume the function of...secking permanent solutions ¢ refugees by assisting governments and, subject to the a ments concerned, private organisations to facilitate the voluntary Vern, of such refugees, or their assimilation within new national commun ttion ities,! Tal Asse, ‘™b| OF the prop. Mall 0 PPLOVAL Of the 9 Of There are three options available as permanent sol temporary solution to the refugee problem. The Stat explicitly includes the permanent solutions of voluntary local assimilation as part of the UNHCR mandate. The solution is resettlement in a third country.” The relative e to each of the three durable solutions has evolved over a Period of The temporary solution is that of settlement in so-called Protective Ba, which are camps or refugee holding areas, often close to international borders. Utions and Cie ute of UNHcR "ePatriation and third Petmanene ‘mphasis accorded VOLUNTARY REPATRIATION Voluntary repatriation is considered the primary durable solution for refugees. Voluntary repatriation refers to the voluntary return of refugees to the country of origin. Out of three solutions to the refugee problem—voluntary repatriation, integration, resettlement—voluntary repatriation is considered the ideal. It is the preferred long-term solution for the majority of refugees in the world. UNHCR encourages voluntary repatriation as the best solution for refugees if the return to the country of Origin is safe, and there are conditions for the reintegration of the refugees in their country of origin. Voluntary repatriation is recognised under international and regional instruments relating to refugees. UNHCR, which is the sole body under the United Nations for the protection of refugees, assists the voluntary repatriation to their own country. Legal and normative provisions The 1951 Convention Relating to the Status of the Refugees does not address the question of voluntary repatriation as such; it contains 1, Art. 1, UNHCR Statute, 1950. 2. Ibid.VOLUNTARY REPATRIATION 241 with significant relevance to UNHCR’ Fespective statutory wns (ie Roth internation: al instruments relating to refugees, the 1951 ns i yn Relating to the Status of Refugees and its 1967 Protocol do convent ves the question of voluntary repatriation as such. However, c sid ; po a the cessation clauses of the Convention! have some y repatriation. relevance to yatta specifies that refugee status ceases if refugees volun- oe establish themselves in the country of origin.‘ Additionally, asst completion of voluntary repatriation programmes often nets res that circumstances which caused flight no longer exist, , Execute Committee ssth Session. Contained in United Nations General Assembly cument A/AC.96/1003. 20,248 SOLUTION OF REFUGEE CRISIS (Cap suggests the following measures for refugee repatriation to Aa be vol and carried out in safety and dignity: hintary 1. Individual refugees must be able to make a free and inform ‘ ed ch: about the return. To be able to do this, refugees Bey cae information on the situation in their country of origin, facia ing physical, material and legal safety issues. 2. Refugees should be able, in principle, to return to their ibe, origin or to a place of their choosing, subject only to restriction, of permitted by international human rights law. Sas Ye Family unity should be respected during and after return, i where necessary, by making sure that family members o{ nationalities are able to remain together as families, includin, f different a The specific needs of returning refugees: such as female-headed households, children, older people, people with disabilities, ang others should be identified and addressed, in consultation with the communities to which they will return and with the tefugees themselves. 5. In the case of unaccompanied or separated children who express the wish to return, attention should be given to making sure that return is in their best interests. LOCAL INTEGRATION Local integration is another kind of durable solution to the refugee problem. It refers to the settlement of refugees with full legal rights in the country to which they have fled. Around the world, millions of refugees live year after year with little hope of ever returning home. Some cannot because their countries are engaged in endless conflict or they have a fear of persecution on return to their own country. In cases where repatriation is not an option, finding a home in the country of asylum and integrating into the local community could offer a durable solution to their plight and the chance to build a new life.” Local integration combines three dimensions. Firstly, it is a legal process, whereby refugees attain a more comprehensive range of rights in the host State. The host State grants refugees a progressively more 22. UNHCR, “Local Integration”, available at : LOCAL IN TEGRATION 249 it range of rights and entitlements in log Px he aire al in n economic process of estat is 4 lishing. sust ' y ci . gandard of living comparable to the host Phi 1 } and cultural process of ad aptation and rege to contribute to the Social life he thout fear of discrimination,24 Local wl smplicated process involving soci et tegration,23 Secondly, i able livelihoods and unity, Thirdly, it isa accept of the hos assimil ain a ance that enables € country and live ‘ation is a challenging and ¢ and cultural ad host community, The 1951 UN Refugee Convention also af refugees as one of the durable solutions, According to Articl f the Convention: “The Contracting States shall as far as possible pi ; the assimilation and naturalisation of refugees, They shall in I make every effort to expedite naturalization Proceedings...” Thou, the principle of local integration has been fi 7 | rmly established in international refugee law, its practice has been very limited,25 From the 1960s until the mid-1990s, the industri accepted asylum seekers and allowed them to their territory, to acquire a wide range of rights eventually to acquire citizenship. Such an approacl al, economi 4 the part of both the refugee and the eee on ialised States generally temain indefinitely on and entitlements, and h has not been entirely discarded, and local integration as a durable solution continues to be open to individuals who are recognised as refugees mostly in prosperous countries. However, during the last few decades, the States have demon- strated a growing tendency to grant limited and temporary forms of asylum, with the expectation that they will return to their country of origin—either voluntarily or at the request of the authorities—as soon as the circumstances are favourable. Presently, local integration as a 23. The 1951 Refugee Convention provides a range of rights to refugees including the right to seek employment, to engage in other income-generating activities, to own and dispose of property, to enjoy the freedom of movement and to have access to public services such as education. 24. J. Crisp, “The Local Integration and Local Settlement of Refugees: A Conceptual and Historical Analysis” (2004) New Issues in Refugee Research, Working Paper No. 102, UNHCR: Geneva, p. 1, available at . as B.S. Chimni, “From Resettlement to Involuntary Repatriation: Towards a Critical History of Durable Solutions to Refugee Problems” (1999) New Issues in Refugee Research, Working Paper No. 2, UNHCR, Geneva, available at . 26. This approach was implemented most systematically with regard to those asylum seekers who fled from Bosnia to Western Europe during the wars in former Yugoslavia.250 SOLUTION OF REFUGEE CRISIS (CHap, durable solution has been practised even less systematically. Notably such opportunities have diminished in the last decade. Even countries a Asia, the Middle East and Eastern Europe have not generally favoured op pursued this solution to refugee problems. Resettlement Or repatriation has been continued to be the norm.”” Indeed, it is argued by some States that by limiting the potential for local settlement and integration, they hope to promote the early repatriation of refugee populations,?# Executive Committee Conclusion No. 58 of 1989 restated the same principle, requesting governments, in close Peubeneen with UNHCR, to “promote appropriate durable solutions, with Particular emphasis firstly on voluntary repatriation and, when this is not possible, local integration and the provision of adequate resettlement opportunities”.”” Further, in Executive Committee Conclusion No. 79 of 1996, the Executive Committee provided an even more explicit endorsement of the hierarchy, describing voluntary repatriation (somewhat ungrammatically) as “the most preferred solution” to refugee situations.*° Executive Committee Conclusion No. 104(LVI) of 2005 provides: local integration in the refugee context is a dynamic and multifaceted two-way process, which requires efforts by all parties concerned, including a prepar- edness on the part of refugees to adapt to the host society without having to forego their own cultural identity, and a corresponding readiness on the part of host communities and public institutions to welcome refugees and to meet the needs of a diverse population.*! 27. J. Crisp, “No Solutions in Sight: The Problem of Protracted Refugee Situations in Africa” (2003) New Issues in Refugee Research, Working Paper No. 75, UNHCR, Geneva, available at —_. - B. Rutinwa, “The End of Asylum? The Changing Nature of Refugee Policies in Africa” (1999) New Issues in Refugee Research, Working Paper No. 5, UNHCR, Geneva, available at . eae Executive Committee Conclusion No. 58 (XL) of 1989, goth Session, nae of Refugees and Asylum-Seekers Who Move in an Irregular Manner from a ountry in Which They Had Already Found Protection. Contained in United Nations General Assembly Document No. 12A (A/44/12/Add.1). Sa ‘ ema Committee Conclusion No. 79 (XLVII) of 1996, General Grea Ae Betton: 47th Session, Contained in United Ra, UNHCR E a /AC.96/878 and Document No. 12A (A/sr/12/Add.1). Executive Committee, Conclusion on Local Integration No. ro4(LV1) of 2005, 56th Session, . } Ace alia ssion. Contained in United Nations General Assembly Document A 2 2 = 3RESETTLEMENT 251 . RESETTLEMENT af continued conflict, wars and persecution, many refugees peo ‘t go home: Many refugees also live in terrifying situations or ha ant needs that cannot be addressed in the country where they have por srorection. In such a situation, resettlement in a third country is ae a viable option. Resettlement is the transfer of refugees is in country to another State that has agreed to admit them and y grant them permanent settlement.” Regarding resettlement of “age UNHCR submitted the ites of over 81,600 refugees for consid- resettlement countries in 2019. Among them were some 29,700 es from the Syrian Arab Republic, 19,000 from the Democratic pepublic of the Congo, 5900 from Afghanistan and 4400 from Somalia. with UNHCR’s Bssisvalce, more than 63,600 individuals departed to resettlement countries in 2019. The largest number of refugees left for resettlement from Turkey (10,600), followed by Lebanon (8400), Jordan (5500 the United Republic of Tanzania (4000) and Egypt ( '4000).33 The resettlement States provide legal and physical protection to refugees with access to civil, political, economic, social and cultural rights similar to those enjoyed by nationals of resettlement States. It is a life-changing experience and both challenging and rewarding. They are often resettled to a country where the society, language and culture are completely different and new to them, Resettlement has three parallel functions: 1. Resettlement is a tool to provide international protection and meet the specific needs of refugees whose life, liberty, safety, health or other fundamental rights are at risk in the country where they have sought refuge. lurable solution for refugees, operating 2, Resettlement is also a di d local integration in the first alongside voluntary repatriation an country of asylum. ion of international solidarity and 3. Resettlement is a tangible express bility for refugee protection with a way for States to share responsi the most-affected countries of asylum. unhcr.org/resettlement.html>. pyrene eeeeemmneeenenl 32. “Resettlement”, UNHCR, available at .=" PPUGER CRISIS 252 SOLUTION OF REFUGEE Cig The feasibility of resettlement is dependent on the willingness a, he fea . cae f third countries to accommodate refugees. UNHCR js manda of th ‘ F Statute and the UN General Assembly resolutions to undert; its ota a nd ability ted Under ‘ake Teset. Problem, t involves tlement as one of the three durable solutions of the refugee Resettlement is unique because it is the only durable solution tha the relocation of refugees from an asylum country to a third Criteria used by the UNHCR in Coser init resettlement inc person under consideration being at risk fy the country of having special needs warranting consideration of resettlement, consideration may be given to persons having Particular legal or physical protection needs, ane who have survived Violence and torture, and women deemed at risk of violence and assault, family reunj. fication, children and adolescents, older refugees and refugees who do not have prospects of local integration.** Country, lude the Cfuge o, Specific > Medical Resettlement as a solution to the refugee problem depends on the willingness of the country of resettlement to accept a refugee for legal stay in its territory, in accordance with laws and regulations of such country. In implementing resettlement as a solution, UNHCR works in partnership with Central and local authorities in the country concerned, as well as non-governmental organisations and religious and welfare groups to assist the refugees in meeting material and other needs as well as gaining legal status. SAFE ZONES In the past few decades, refugee-hosting States have increasingly chosen to close their borders when confronted with mass refugee influxes. These are temporary camps or refugee-holding areas, often close to inter- national borders, where refugees are held pending resolution of refugee status or the possibility of repatriation. Different terms for “safe zones” vary from “open relief centres” to “safe corridors” and “safe havens”. These terms have been used interchangeably. The term also found place under international humanitarian law as “ intended to protect civilians and wounded ani armed conflict. Under humanitarian law th protected zones” which is d sick combatants during the e notion of “safe zones” is to °4- UNHCR Criteria for Determining Resettlement as the Appropriate Solution, Chap. 4(2), 2004. 35. K. Long, “In Searc h of Sanctuary: Border Closures, ‘Safe’ Zones and Refugee Protection” (2013) 2 6(3) Journal of Refugee Studies 458-476.UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES 253 a g location within the disputed territory, which is neutral and free plist stl igero™ activity, and to which humanitarian access is guaranteed. olligt ¢ ote ent years in eco” ara ents (0 provide civilians with a modicum of safety in a number ements suntries exPCTIEN « ncing armed conflicts. here are numerous cases globally of the settlement of refugees and jum seekers in protective zones. Experience of safe zones ranges from sy to Iraq, Rwanda and Sti Lanka. In the recent past, there have been ted calls for the establishment of so-called “safe areas” to protect = as from the effects of hostilities. Reasons for such cases include yee failure of the parties engaged in a conflict to negotiate peace wree lack of political will on the part of either country to reach a golotion OF Jong and arduous processes of refugee status assessment and appeal and review procedure.*” In view of UNHCR, these are “protracted refugee situations” in which refugees find themselves in a long-lasting and intractable state of limbo. Their lives may not be at risk, but their basic rights and essential economic, social and psychological needs remain unfulfilled.%* Empirically, “safe zones” have often failed even to secure safety, most notoriously in the case of Srebrenica, where the massacre of 8000 Bosniak men in July 1995 offers damning evidence of the failure of safe zones to protect civilian there have been calls for the establishment of a variety of post populations.” UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES Organisation UNHCR is governed by the General Assembly and the Economic and Social Council of the United Nations (ECOSOC). It is a subsidiary organ of the General Assembly of the United Nations. It started operating in 1951 with its headquarters in Geneva. The UNHCR Statute, 1950 defines 36. E.C. Gillard, “Safe Areas; The International Legal Framework” (2017) Int’l Rev Red Cross 99, 1075. 37. SAHRDC, Human Rights and Humanitarian Law: Developments in Indian and International Law (Oxford University Press 2008) 188. 38. UNHCR, “Protracted Refugee Situations”, Executive Committee of the High Commissioner's Programme, Standing Committee, 30th Meeting, UN Doc. EC/s4/ SCICRP.14, 2004. 39K, Long, “In Search of Sanctuary: Border Closures, ‘Safe’ Zones and Refugee Protection” (2013) 26(3) Journal of Refugee Studies 458-476.64 SOLUTION OF REFUGEE CRISIS (CHap its mandate. The General Assembly in 2003, extended the OrBanisation’, mandate “until the refugee problem is solved”. The High © OMMissione, reports annually to ECOSOC sian eis the Work of UNHCR. The High Commissioner is elected by the General Assembly for period of five years, on nomination by the UN Secretary-Genera I. (Art, 13, UNHCR Statute] The High Commissioner reports each i Year to the General Assembly, which usually adopts a resolution in Support of UNHCR.“ The work of the UNHCR shall be entirely ON-political in character. It shall follow policy directives given by the General Assembly or the Economic and Social Council. The Executive Committee of UNHCR comprises the representatives of the 54 States that are Members of ECOSOC. Every year, it meets in October and produces “conclusions” that form the framework for the activities of UNHCR." It is not Recessary for States to be the party to the 1951 Convention Relating to the Status of Refugees in order to become a member of the Executive Committee of UNHCR. UNHCR administers the funds for assistance to Tefugees which it receives from both public and private sources.42 Basis of UNHCR mandate The goal of UNHCR is to guarantee the fundamental Tules accepted by all States concerning the right of refugees. UNHCR helps States facing the legal, diplomatic, financial, administrative and human problems that are caused by the refugee problem. The mandate of UNHCR is based on: 1. Statute of the Office of the UNHCR adopted by the UN General Assembly Resolution 428(V) of 14 December 1950 under which UNHCR was created. 2. The 1951 Refugee Convention, under Article 35 recognised the role of UNHCR to monitor the implementation of the Convention. 3. Specific requests made by the UN General Ass embly under UNHCR Statute or by the Secretary-General (General Assembly Resolution 40. “History of UNHCR”, available at . 41. UNHCR “Governance and Oversight”, available at , 42. Art. 10, UNHCR Statute, 45. Art. 9, UNHCR Statute, 1950 states: “The High Commissioner shall engage in such additional activities, inclu ribabi ding repatriation and resettlement, as the General Assembly may determine, within the limits of the resources placed at his disposal.” 1950,UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES 255 of 20 December 1993), on the basis of which UNHCR’s te may be extended on an ad hoc basis to help States facing fugee problems. 9/116 andal gpecifie re sa tht protection of refugees jc pol ma wes not an operational agency during the initial period of its uN en Its contribution was limited to giving financial support to estab sganisations working for the protection of refugees. It did not private . material relief actions directly for refugees. UNHCR contri- dist! eG the protection of refugees centered on negotiating with States wpe legal guarantees for refugees with facilitating adminis- ai . formalities. As the number of refugees increased, UNHCR turned ro operational agency. Article 8 of UNHCR’s Statute provides that S High Commissioner shall provide for the protection of refugees falling under the competence of his office”. Initially, UNHCR’s mandate only extended to individuals who met the requirement of the definition ofa refugee contained in the Statute and repeated in the 1951 Refugee Convention. It was gradually extended to include other persons (in particular, war refugees) by succeeding resolutions of the UN General Assembly. The UNHCR mandate over internally displaced persons ((DPs) remains ad hoc, meaning that it is subject to a vote by the UN General Assembly, or at the request of the Secretary-General, and to the approval of States concerned." As per the Statute of UNHCR, the High Commissioner shall provide for the protection of refugees falling under the competence of his Office by: (a) Promoting the conclusion and ratification of international conven- tions for the protection of refugees, supervising their application and proposing amendments thereto; (b) Promoting through special agreements with Governments the execution of any measures calculated to improve the situation of refugees and to reduce the number requiring protection; (9 Assisting governmental and private efforts to promote voluntary repatri- ation or assimilation within new national communities; (d) Promoting the admission of refugees, not excluding those in the most destitute categories, to the territories of States; “The . Te Practical Guide to Humanitarian Law, available at last accessed 8-4-2020.= ds6 SOLUTION OF REFUGEE CRISIS (ce) Endeavouring to obtain permission for refugees to tray e c he nsfer their Asse, and especially those necessary for their resettlement; Cts (/) Obtaining from governments information concerning the Dumber conditions of refugees in their territories and the laws an an id “Bulation, concerning them; (g) Keeping in close touch with the governments and int er-goy, i cerned; 8 ernment) organizations concerned; (b) Establishing contact in such manner as he may think best With pri i Wate organizations dealing with refugee questions; te th Facilitating the co-ordination of the efforts of Private Organizatio, ™ ns concerned with the welfare of refugees.‘ UNHCR is entrusted with the responsibility of monitorin; and implementation of the Convention’s Provisions. States undertake to cooperate with UNHCR and to provide it with all the Necessary infor. mation and statistical data, especially concerning refugees, the imple- mentation of the Convention, and any other laws enacted that relate to refugees.** The Convention does not offer UNHCR any additional Means of action other than those conferred by its Statute. It does m however, that national authorities, or “an international authority” (UNHCR), are under the obligation to issue to refugees any adminis. trative documents that they can no longer obtain from their own national authorities but that are indispensable for the exercise of their individual rights. This function is crucial in order to lift administrative obstacles that refugees often face. These documents include identification Papers or temporary travel documents.‘” 8 the application ention, The General Assembly may request, on a case-by-case basis, that UNHCR take charge of specific refugee problems that do not come under the strict definitions established by the Refugee Convention and UNHCR’s Statute (issues Concerning internally displaced persons, for instance). In such situations, UNHCR has no means of action beyond those negotiated and included in the bil: lateral or trilateral agreements signed with the governments of the concerned States, 45. Art. 8, UNHCR St 46. Art. 35, 1951 Re 47. Art. 25, ibid, fatute, 1950, fugee Convention,