Title: The Challenges of Providing International Protection for Refugees in the Mixed Migration Context
1The Challenges of Providing International
Protection for Refugees in the Mixed Migration
Context
- Marion Hoffmann
- The UN Refugee Agency (UNHCR)
- Workshop on Mixed Flows
- Regional Migration Conference
- San José, Costa Rica
- 11 August 2008
2International Protection Regime for Refugees
3International protection principles
- Right to seek asylum.
- Principle of non-refoulement.
- Principle of non-sanction for illegal entry or
presence. - Principle of non-discrimination.
4International Legal Framework
- The 1951 Convention relating to the Status of
Refugees. - The 1967 Protocol.
- The 1969 Organization of African Unity (OAU)
Convention. - The 1984 Cartagena Declaration.
5Globalisation.International migration and mixed
migratory flows. Expansion of the international
migration industry human smuggling and
trafficking. Global and regional initiatives
and processes to address migration.
Current context
6Consultation Processes of UNHCR
- Global Consultations (2001).
- Convention Plus and the Agenda for Protection
(2004). - High Commissioners Dialogue on Protection
Challenges (2007).
7-
- Migration-Asylum Nexus
- Protection Challenges
8Definition of Mixed Migration
- Mixed migratory flows include
- persons who are refugees and need international
protection - vulnerable persons who need protection but are
not refugees and - persons who move for reasons that are not
related to protection needs.
9Global Migration
10State Concerns
- Security
- Sovereignty
- Capacity
- Cost
- Local hostility
- Misuse of asylum system (due to lack of
alternatives)
11State Responses
- Border controls and surveillance
- Interception and interdiction
- Detention and prosecution
- Deportation and return
- Accelerated asylum procedures
- Extra-territorial processing
12UNHCRs 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
13- UNHCR Contribution to the Debate
- (I) 10-Point Action Plan on Mixed Migration (June
2006) - (II) High Commissioners Dialogue on Protection
Challenges (December 2007)
1410-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
- ()
15()
- 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
16(II) High Commissioners Dialogue on Protection
Challenges
17Examples of Good Practices
- Albania
- Horn of Africa
- Somalia Yemen (Gulf of Aden)
- North of Africa the Mediterranean
- Canary Islands and Lampedusa
- Migration in the Americas
18Rescue 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.
19Migration in the Americas (Continental and the
Caribbean)
20Ibero American Summit (November 2006)
- Ibero American states expressed their concern
regarding refugee protection in the Commitment of
Montevideo and vowed to ensure access to
protection, education and health services for boy
and girl refugees.
21The 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.
22- Regional Conference on Migration (Puebla Process)
- Since 1996.
-
- South American Conference on Migration
- Since 2000.
-
23Mexico
- Study of unaccompanied minors with international
protection needs along the southern border of
Mexico. - Inter-institutional roundtable on unaccompanied
or separated minors and migrant women. - Training and deployment of Child Protection
Officers.
24Ecuador
- 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.
25Pending Issues
- 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. - ()
26- ()
- Refugee protection as a human rights concept.
- Alternatives to detention for asylum seekers.
27Thank you!
- www.acnur.org
- www.unhcr.org