EASTERN ZAIRE ON BRINK OF CALAMITY AS HUNDREDS OF THOUSANDS FLEE, HIGH COMMISSIONER FOR REFUGEES TELLS THIRD COMMITTEE

31 October 1996

Press Release
GA/SHC/3371

EASTERN ZAIRE ON BRINK OF CALAMITY AS HUNDREDS OF THOUSANDS FLEE, HIGH COMMISSIONER FOR REFUGEES TELLS THIRD COMMITTEE

19961031 Committee Holds Dialogue with High Commissioner, Begins Debate on Refugee and Other Humanitarian Questions

Although there had been a small reduction in the number of refugees compared to last year, the international environment remained highly volatile, the United Nations High Commissioner for Refugees (UNHCR), Sadako Ogata, told the Third Committee (Social, Humanitarian and Cultural) this morning. In the last few months, people had been uprooted by armed conflict in Burundi, the Caucasus, Iraq, Liberia, Sri Lanka, Sudan, Tajikistan, and mostly recently Zaire, which was on the brink of calamity, she added.

Addressing the Committee, as it began consideration of refugee issues, she said it was difficult to find solutions to humanitarian crises in the face of bitter and divisive conflicts when political will to initiate and sustain true reconciliation was lacking. The situation in the Great Lakes region of Africa was one example. The humanitarian, political and security crises in eastern Zaire were all linked. The lack of progress in repatriating Rwandan refugees had exacerbated tensions in the region.

As fighting spread, hundreds of thousands of refugees and Zairian civilians were fleeing for their lives. The agency had no access to over half a million refugees and was on the brink of another humanitarian catastrophe. An immediate cease-fire should be negotiated, to obtain access to the refugees, provide assistance and protect the humanitarian aid workers.

In a dialogue with the High Commissioner, several delegates questioned her about the conditions in the Great Lakes region of Africa, particularly the deteriorating situation in Zaire in recent days. Mrs. Ogata said the agency had negotiated with Rwanda and Zaire for a dignified return for the refugees; however, the numbers of returnees had been low. Loosening the camps' command structure could end intimidation, but it would mean closing some camps and moving people out of others, both difficult tasks. As soon as the situation stabilized, the UNHCR would look for other ways to set up camps.

Third Committee - 1a - Press Release GA/SHC/3371 19th Meeting (AM) 31 October 1996

Other questions focused on reform efforts within the UNHCR. The High Commissioner emphasized the progress of the agency's internal reform process, Project Delphi, which delegated greater authority to the field.

The representatives of Botswana, United States, Uganda, Japan, Israel, Ghana, Egypt, Mozambique and Hungry made statements.

The Committee will meet again at 3 p.m. today, to continue its consideration of the UNHCR report and questions relating to refugees, returnees and displaced persons and humanitarian questions. It will also take action on draft resolutions on social development, crime prevention and criminal justice and organized transnational crime.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this morning to begin its examination of the report of the United Nations High Commissioner for Refugees (UNHCR), and questions relating to refugees, returnees and displaced persons and humanitarian questions. The documents it will consider include the UNHCR report; the report of the Executive Committee of the Programme of the High Commissioner; and four reports by the Secretary-General.

According to the report of the UNHCR (document A/51/12), in the absence of massive new refugee influxes on the scale of recent years, the agency's work was focused on dealing with the aftermath of previous large-scale emergencies. At the end of 1995, the agency was concerned with a total of 24 million people worldwide, including 14.2 million refugees, some 3.2 million internally displaced persons, and 3.5 million others of humanitarian concern. Overall, the numbers fell by approximately 3.5 million in 1995, mostly in internally displaced and returnee categories.

The report states that the UNHCR has General Programmes (which include a Programme Reserve, a Voluntary Repatriation Fund and an Emergency Fund) and its Special Programme. Almost one third of the Special Programme's expenditure goes to humanitarian assistance in the former Yugoslavia and another third to the Burundi/Rwanda emergency operation. The Special Programme also deals with the Mozambique repatriation programme and the Comprehensive Plan of Action for Indo-Chinese Refugees.

In the past year, the report continues, the UNHCR consolidated programmes and mechanisms launched in response to previous large-scale emergencies, pursued and implemented solutions and elaborated preventive strategies. The UNHCR paid particular attention to coordinating its activities with other United Nations agencies, especially in emergency humanitarian assistance. To achieve a better relationship between relief, rehabilitation and development, the UNHCR continued to reinforce its community-based approach to reintegration assistance and tried to bolster its partnerships with other agencies, notably the World Food Programme (WFP), the United Nations Children's Fund (UNICEF), the World Health Organization (WHO), the United Nations Development Programme (UNDP), the United Nations Population Fund (UNFPA) and the United Nations Educational, Scientific and Cultural Organization (UNESCO).

While the number of refugees worldwide has declined slightly, there is still the real, potential and perceived burden of protecting and assisting refugees, the report states. However, in the Great Lakes region of Africa, nearly a quarter of a million "new caseload" Rwandans opted to repatriate by the end of 1995. And a lasting solution to the plight of 2 million Bosnian refugees and displaced persons appeared within reach following the signing of the Dayton peace agreement. The UNHCR was increasingly involved in the work

Third Committee - 3 - Press Release GA/SHC/3371 19th Meeting (AM) 31 October 1996

of the human rights treaty bodies and other human rights mechanisms through sharing information, exchanging views and promoting human rights standards in refugee and returnee contexts. The Office also stepped up collaboration with the United Nations High Commissioner for Human Rights, especially in field operations.

An addendum to the report of the UNHCR (document A/51/12/Add.1) contains a report of the Executive Committee of the Programme of the High Commissioner on its forty-seventh session. In action taken in the session, the Committee expressed deep concern over the widespread violations of the principle of non- refoulement and of the rights of refugees and reports indicating that large numbers of refugees and asylum-seekers had been returned and expelled in highly dangerous situations. It appealed to all States to abide by their international obligations to protect the physical security of refugees and asylum-seekers and to take measures to ensure that violations of the right to personal security, including sexual and other attacks, especially on women and children, cease immediately.

The Executive Committee also called upon the High Commissioner to expand and strengthen promotion and training activities on the prevention and reduction of statelessness and related nationality issues, with the active support of States and through increased cooperation with other international organizations, non-governmental organizations and academic institutions.

Regarding comprehensive and regional approaches, the Executive Committee encouraged States and international organizations to consider the adoption of protection-based approaches to problems of displacement and identified the following approaches: protect all human rights, including the right to life, liberty and the security of person; promote the rule of law through national legal and judicial capacity-building; respect for the institution of asylum; establish measures to reinforce international solidarity and burden-sharing; support long-term sustainable development; integrate development approaches into the relief stage by strengthening national capacities; support rehabilitation, reintegration and reconstruction measures; promote awareness about refugee and migration issues in both host countries and countries of origin; establish and foster mechanism designed to avoid or reduce the incidence of conflict; and, promote education for peace and human rights.

A report of the Secretary-General on the new international humanitarian order (document A/51/454) contains replies from governments, non-governmental organizations and the Independent Bureau for Humanitarian Issues to requests for progress made by them in the implementation of General Assembly resolution 47/90, which calls for continued strengthening of the Independent Bureau for Humanitarian Issues.

According to the Secretary-General, the Independent Bureau underlines the need to build upon and strengthen existing humanitarian instruments and

Third Committee - 4 - Press Release GA/SHC/3371 19th Meeting (AM) 31 October 1996

mechanisms to ensure respect for humanitarian norms and to devise more effective means to implement humanitarian assistance programmes. Annexed to the report are replies from Monaco and Turkey.

In his report on assistance to refugees, returnees and displaced persons in Africa (document A/51/367), the Secretary-General says the effects of political instability, internal strife, human rights violations, foreign intervention, poverty, and natural disasters such as drought have continued to cause new refugee outflows in a number of countries. Africa currently has 9.1 million refugees and displaced persons, one third of the world's refugee population, and more than any other region. The situation in Africa is influenced by harsh socio-economic realities. The evolution of viable political institutions and processes, based on democratic principles, will accommodate the Continent's diverse cultures and hopes for peace, security and sustainable development.

The situation in the Great Lakes region, according to the Secretary- General, remains a source of considerable concern for the international community, in particular, countries of the subregion. The year began with renewed expectations for significant voluntary repatriation from Zaire and Burundi. However, the number of refugees has only diminished in Burundi, where deteriorating security has spawned a fresh outflow of asylum-seekers into the United Republic of Tanzania and Zaire. At the beginning of the year, initiatives to encourage repatriation from Zaire did not result in major return movements. In West Africa, the resumption of fighting and the destruction of most humanitarian assistance infrastructures prevented Liberian refugees and internally displaced persons from returning home. In Angola, 311,000 refugees are still waiting for reintegration and 1 million internally displaced persons have not returned to their homes. There are positive developments, including the holding of free and fair elections in Sierra Leone and the ongoing peace negotiations between the Revolutionary United Front (RUF) and the Government.

The report cites examples of assistance, including coordinated appeals by the Department of Humanitarian Affairs, for emergency assistance to populations affected by political and humanitarian crises in Angola, Liberia, Sierra Leone, Sudan and countries in the Great Lakes region of Africa. In March 1996, UNICEF and the UNHCR signed a memorandum of understanding to assist refugees, returnees, internally displaced persons and affected host populations. The WFP continued to be an essential part of the response effort by meeting the food needs of refugees. The WFP was negotiating memoranda of understanding with several non-governmental organizations and United Nations partners, including UNICEF, to clarify the division of responsibilities in the assistance effort. Other projects covered capacity-building, demobilization, mine-clearance and environmental protection.

Third Committee - 5 - Press Release GA/SHC/3371 19th Meeting (AM) 31 October 1996

The Secretary-General's report on assistance to unaccompanied refugee minors (document A/51/329) focuses on the specific protection and assistance needs of unaccompanied children, which usually make up more than half the total refugee population. The UNHCR and UNICEF define unaccompanied children as those separated from both parents and not being cared for by an adult who, by law or by custom, is responsible for them. Assistance to separated children or to the adults or organizations responsible for their care should meet their basic needs at a standard comparable to their surrounding community.

The UNHCR and UNICEF have made a commitment to help document protection gaps and carefully to review the recommendations of the United Nations Study on the Impact of Armed Conflict on Children, which are relevant to unaccompanied refugee children. This will be done so each agency can prevent further family separation and enhance tracing and family reunification. Closer collaboration between UNICEF and the UNHCR has laid the foundation for improved emergency response to potential refugee emergencies involving unaccompanied children and ensured compatibility with long-term solutions for the child. There has been additional cooperation between the UNHCR, UNICEF, the International Committee of the Red Cross (ICRC) and non-governmental organizations with expertise in registration, tracing and family reunification, in order to deal with threats facing children in the Rwanda/Burundi situation.

The Secretary-General's report on the problems on refugees, returnees, displaced persons and related migratory movements (document A/51/341) transmits the results of a regional conference in Geneva on 30 and 31 May 1996, to address the problem in the Commonwealth of Independent States (CIS) and neighbouring countries. Held under the auspices of the UNHCR, the International Organization for Migration (IOM) and the Organization for Security and Cooperation in Europe (OSCE), the conference was attended by 87 States, including all 12 members of the CIS and 77 non-governmental organizations. It adopted a programme of action that had been endorsed by a preparatory conference held at Minsk on 8 May 1996.

According to the report, the conference provided a reliable forum for countries to discuss population displacement in a humanitarian and non- political manner; reviewed population movements in the region and clarify categories of concern; and devised an integrated strategy to enable CIS countries to better cope with and prevent recent population displacement.

The programme of action recommended the establishment of a steering group, composed of representatives of participating States, to monitor follow- up to the conference. The group, which will include representatives of non- governmental organizations, will convene once a year for the next four years. As part of the follow-up, the UNHCR has created a small unit at United Nations Headquarters, to ensure that the programme of action is being implemented.

Third Committee - 6 - Press Release GA/SHC/3371 19th Meeting (AM) 31 October 1996

The agency will cooperate with the IOM and the OSCE in setting up their own follow-up arrangements.

UNHCR

SADAKO OGATA, the United Nations High Commissioner for Refugees (UNHCR), said her agency was concerned with more than 26 million people; just over half of them were refugees and the remainder were returnees, internally displaced persons and war-affected populations. While there had been a small reduction in the numbers compared to last year, the international environment remained highly volatile. In the last few months, people had been uprooted by armed conflict in Burundi, the Caucasus, Iraq, Liberia, Sri Lanka, Sudan, Tajikistan, and mostly recently Zaire, which was on the brink of calamity. Progress had been made towards durable solutions in many parts of the world, but enormous challenges remained. Faced with a heavy burden, asylum countries, as well as donors, were increasingly concerned about the costs of providing refugees with indefinite protection and assistance. There was also a heightened concern when refugees posed a threat to national, regional or even international security.

The UNHCR faced two main problems, she said. The first was to ensure the continuing commitment to refugee protection, particularly the upholding of the principle that people should not be forcibly returned to situations in which their lives might be endangered. Her agency was often confronted with the problem of providing protection to innocent people when asylum was being abused for political, economic or even military ends. The danger of terrorism should not jeopardize the institution of asylum for persons in genuine need of protection.

The second concern was to secure more effective solutions to the refugee crisis, she continued. Dilemmas arose with the search for solutions to problems of displacement caused by bitter and divisive conflicts, often in the absence of the political will required to initiate and sustain true reconciliation. The situation in the Great Lakes region of Africa illustrated those complex challenges. There was a clear link between the humanitarian and political and security crisis in eastern Zaire. The lack of progress in repatriating Rwandan refugees had exacerbated tensions in the region. About 1.6 million Rwandan refugees remained in camps in the United Republic of Tanzania and Zaire -- an explosive mix of innocent refugees, intimidators, militants and perpetrators of genocide. As fighting had spread, hundreds of thousands of refugees and Zairian civilians were fleeing for their lives. The agency had no access to over half a million refugees and found itself on the brink of another humanitarian catastrophe. An immediate cease-fire should be negotiated to obtain access to the refugees, provide assistance and protect the humanitarian aid workers. The political roots of the cycle of violence must be affectively addressed.

Third Committee - 7 - Press Release GA/SHC/3371 19th Meeting (AM) 31 October 1996

The UNHCR's role in an ever more complex environment depended on several critical factors, she said. First, it was important to ensure respect for its unique mandate to protect refugees. Second, a collective commitment to respond to emergencies and to resolve humanitarian crises was needed. Third, it was vital that, through the ongoing process of institutional reform, the UNHCR should fully equip itself with the capacities, structures and procedures to carry out its mission. It had embarked on an internal reform process called Project Delphi, which would delegate greater authority to field operations, strengthen capacity-building and streamline human resource management.

In a question-and-answer session following the High Commissioner's statement, the representative of the United Kingdom asked Mrs. Ogata, given the strong arguments for having a regional approach to the refugee problem in the Great Lakes region, why the UNHCR did not appoint a coordinator to deal humanitarian and refugee issues simultaneously.

Mrs. OGATA said that in some countries in the region, such as Rwanda where there was no large-scale insecurity, there was a regional coordinator who ran the rehabilitation exercises. In the United Republic of Tanzania, the UNHCR coordinated all organizations working in the refugees camps. In eastern Zaire, the UNHCR had been the leader in coordinating activities and had managed more than 40 camps. It now did not have access to some 600,000 people. In the Goma area which was the site of the largest office, the UNHCR had coordinated non-governmental organization meetings and activities for the last two-and-one-half years.

The representative of the Netherlands asked if Mrs. Ogata would extend her presentation to include further discussion of institutional reform and how it was being carried out in practice, particularly in the field and in Geneva. He also asked how the UNHCR viewed the durable solution question and how could those ideas be put into action.

Mrs. OGATA replied that the UNHCR had engaged in a process -- the Delphi Project -- to streamline operations and have slimmer, trimmer organization. First, the structure was considered and then the process implemented, including examining specific areas, like communications, financial, human resources management, and searching for duplications. Project Delphi emphasized that many of the procedures carried out should not only be streamlined, but also delegated to the field, closer to the refugees. Decision-making should be as close as possible to where the refugees live, and full authority to manage financial resources should be given not only on a country basis, but also on a situation basis.

Headquarters should become smaller, but maintain the responsibilities of structure, fund-raising and accountability, she continued. The headquarters

Third Committee - 8 - Press Release GA/SHC/3371 19th Meeting (AM) 31 October 1996

should also provide examples on how to exercise authority and do organizing of the training for people in the field. The transition would take at least two years to accomplish, and a goal was to achieve a 20 per cent reduction in personnel at headquarters.

Mrs. Ogata said her Office was entrusted with two mandates: protection of refugees and solving the problems of refugees. Two common solutions were to integrate refugees into the country of asylum or to resettle them in a third country. By far, most people found a solution by returning to their country of origin. It was important to look at refugee problems by seeing countries of origin and country of asylum as being linked together.

The representative of France asked Mrs. Ogata to explain what measures were envisaged by the UNHCR to return refugees in the Great Lakes region.

Mrs. OGATA said that the UNHCR had tried to encourage refugees to return, including the largest number of refugees which had come from Rwanda. The UNHCR had held negotiations with Rwanda and Zaire to look for means of a dignified return; however, the numbers of refugees that had returned had not been very large. Rwanda had tried to establish conditions of return, and the UNHCR had tried to assist them. But in the camps the majority were women and children, and the power structure in the camps had often tried to stop people from returning, which was a common problem that occurred when the camps were so well structured. Loosening the structure in the camps could be one solution to ending that intimidation, and it would require closing some camps and moving people out of other camps, and those would be difficult tasks. As soon as the situation stabilized, the UNHCR would look for other ways to set up camps.

The representative for Ireland asked about the current situation in Goma and whether reports concerning renewed movements of refugees and the deterioration of the situation were correct. How safe were UNHCR personnel?

Mrs. OGATA said that the situation in Goma seemed to have deteriorated, and there had been exchanges of machine-gun fire heard in the region. The UNHCR had almost 100 expatriate staff in Goma, and these people were now trapped and unable to move. The airport was no longer secure, so there was enormous concern as to the security of the international staff.

The Goma region was currently the main fighting area, she said. There were six big camps north of Goma, the largest was the Kimbumba camp. The 194,000 refugees in the Kimbumba camp left for a camp Mugunga in the south- west, which already had a population of 150,000 people. Now, that camp was packed to capacity, and it was extremely dangerous in terms of health, food and water availability. Two other camps further north held 115,000; and these refugees seemed to be moving towards Mugunga. If the worst case scenario occurred, there could be a humanitarian catastrophe just by the presence of

Third Committee - 9 - Press Release GA/SHC/3371 19th Meeting (AM) 31 October 1996

all those refugees. But if there was fighting and shelling near the camp, a larger human catastrophe could occur. She appealed to the international community to exercise its influence to bring the fighting to an end, because a cease fire must occur.

The representative of Rwanda asked if major steps had been taken to separate those who were doing the intimidating from their victims?

Mrs. OGATA said that, from the beginning, addressing the problem of intimidation had been a difficult exercise because of the number of refugees. In the United Republic of Tanzania, there was a special camp set up to remove the intimidators. However, it was a difficult exercise to decide who was the intimidator and who was not. It was both a legal and ethical problem. The UNHCR had discussed the closing of some camps gradually in an organized way, and then helping refugees return home. If there were those who disagreed and asked for continued asylum, a mechanism would be set up to screen the individuals who wanted to stay. The UNHCR was working on those types of legal procedures and efforts.

The representative of Zaire said a certain jargon had taken hold in the region concerning the "intimidators" and asked what the UNHCR would do if the refugees "got in the way". The people in the camps had been reduced to living like animals -- people who the UNHCR had been protecting. Many Zairians had died as a result of the 1994 refugee crisis in the region and diseases brought by the refugees. The international community, which did not accept ethnic cleansing in the former Yugoslavia, was standing by while Kigali was excluding a tribe and a people from Rwanda. His Government had informed the Secretary- General that it would not attend the upcoming regional conference until "the killers" had withdrawn from Zairian soil. Two days ago, the Archbishop of Bukavu had been killed by the intimidators. He hoped the international community would bring every form of pressure on the Rwandan Government to bring back its refugees without any preconditions.

Mrs. OGATA replied that UNHCR actions to protect refugees were limited when there was fighting on the ground. She was fully aware of the deep political roots of the current crisis and could only appeal to the troops in the area to stop the fighting. She said the UNHCR had established the first sub-Saharan office in Bujumbura since 1955. Without a cease-fire, the agency could only pursue limited options. She hoped that the refugees who were moving could stay where they were, otherwise there would be more problems. Referring to the recent killing of the Archbishop of Bukavu, she said she had, in fact, spoken with him on Friday, and he had appealed to her to tell the Secretary-General and the Security Council to stop the fighting. She was deeply saddened by his death.

The representative of Cuba referred to paragraph 15 of the UNHCR report which said "in situations of mass outflows ... there (is) a need to develop

Third Committee - 10 - Press Release GA/SHC/3371 19th Meeting (AM) 31 October 1996

constructive regional standards based on a liberal interpretation of the international refugee instruments and to avoid restrictive legal interpretations, especially those arising more out of concern about illegal immigration than refugee movements". What was meant by the terms "restrictive" and "liberal"? he asked. He also wanted to know what kind of financial assistance was being given to asylum countries?

Mrs. OGATA replied that people moved for many different reasons, including for better economic opportunities, and the mixture had complicated the asylum which many countries gave. There was a tendency not to allow asylum-seekers the chance to give their reasons, especially when there were worries about illegal immigration. She recognized that there were abuses by some people claiming asylum, but the bottom line was the UNHCR would like to see that asylum-seekers were given the benefit of the doubt and allowed to give their reasons.

Answering the second question, she said the financial and human burden on many asylum countries was very heavy. However, the international community had been generous and the UNHCR's $1.2 billion budget last year had been fully funded. The agency was doing what it could to help asylum countries. For example, it had set up some round table discussions with the UNDP about the situation in the Great Lakes region of Africa.

The representative of Belgium said it was inappropriate to remind the Committee of history, but Mrs. Ogata had referred to the conflict in the Great Lakes region as a political problem which had, unfortunately, resulted in a human tragedy. He regretted that a certain interpretation had been given to the Secretary-General's initiative of sending his Special Envoy, Canadian Ambassador Raymond Chrétien, to the area with a very broad mandate aimed at a lasting solution to the overall political problems and to the dramatic human tragedy. The international community should support it. There would be a follow-up and an international conference. How would the UNHCR deal with the possibility of a great tragedy and the absorption of refugees? he asked.

Mrs. OGATA said if all the refugees returned at once, there would definitely be a problem of absorption. The capacity to absorb refugees mainly affected Rwanda, and the Government had appealed for more funds from the international community. If needs in the camp decreased, then there should be a consideration of increasing assistance to Rwanda.

The representative of Burundi said his Government was willing to accept any people who needed asylum and would continue to do so. However, the problem needed political solutions. The Great Lakes Conference would enable the countries to deal with the crisis, and his Government supported the Secretary-General's initiative. Burundi had not been, in any way, involved in the current crisis in Zaire. His country had been under an air and land embargo since the beginning of the year, which had added to its problems. It

Third Committee - 11 - Press Release GA/SHC/3371 19th Meeting (AM) 31 October 1996

was seeking assistance from its neighbouring countries to have the embargo lifted. There had been an outbreak of disease in the country. The Government had proposed that a verification mission be sent to his country so the international community could assess the situation.

Mrs. OGATA said Burundi had been a long-term asylum country for refugees, but in recent weeks it had produced refugees, so the situation was very complex. She acknowledged that some 3,400 refugees had returned from Zaire to Burundi, and she appreciated Burundi's assurance that their security would be guaranteed. She hoped there would be more opportunities for refugees to return.

The representative of Costa Rica asked if, in cases of unaccompanied children, any special measures had been given to the girl child.

Mrs. OGATA said the agency was very conscious of the needs of women and girls and had undertaken intensive work with agencies, including UNICEF. There had also been a number of other efforts. For example, the UNHCR was supervising the Bosnian women's initiative which had been started by United States President Bill Clinton. The programme was designed to empower women and help their efforts in reconciliation and reconstruction. Next year, the agency hoped to begin a Rwandan women's initiative. As women made up 60 per cent of the country's population, their contribution to reconciliation and reconstruction could be very positive. She added that she would be happy to share the UNHCR's programmes with the delegate.

The representative of Zaire said he, along with other ambassadors from the Great Lakes region, had met with the Secretary-General. He had reassured the Secretary-General that his Government supported the mandate of the new Special Representative. He assured the representative of Belgium that he was not comparing the new mission to the previous one, but if the same mandate had been given some months ago, the international community would not be going through the current crisis. History must be consulted in order to understand the present.

SHAUKAT FAREED, Director of Humanitarian Affairs, introduced the Report of the Secretary General on the new international humanitarian order (document A/51/454).

Statements

LEGWAILA J. LEGWAILA (Botswana), speaking on behalf of the 12 member States of the Southern African Development Community (SADC), said, as inter- State conflicts become less frequent, intra-State conflicts were emerging as the unforgiving scourge of the present time, resulting in more refugees than could have been anticipated. The resort to arms rather than dialogue and the abuse of human rights have led to mass deprivation and the flight of innocent

Third Committee - 12 - Press Release GA/SHC/3371 19th Meeting (AM) 31 October 1996

victims from their homes and countries. SADC countries were situated in a region that had recently settled most of its conflicts, and it appreciated and understood the difficulties of those who lacked security and freedom in their countries and were forced to seek refuge elsewhere. Most SADC countries no longer produced refugees; however, the region continued to receive displaced persons and refugees from other parts of the African continent. All refugees should be accorded a safe and dignified return to their places of origin and should be aided in rehabilitation. However, this could not occur if the environment and the capacity of institutions responsible for repatriation and rehabilitation were found wanting.

Opportunities for refugees safe return home to a productive life have been thwarted and frustrated by the presence of land-mines, he said. SADC countries placed great importance on the removal of mines as a precondition for the safe return of refugees and resettlement. Given the experiences in the SADC region, particularly in Angola and Mozambique, no refugee would contemplate a journey back to his country of origin when the roads were strewn with land-mines. A primary economic activity such as tilling land could also turn into a loss of life. The SADC appealed to the international community to exert more effort on demining for humanitarian purposes. The development of an indigenous demining capacity could go far in strengthening existing demining programmes in the affected countries.

PHYLLIS E. OAKLEY (United States) said existing Rwandan camps had been unacceptably militarized. First asylum was under threat, and now turmoil and killing were on the rise throughout the region. The international community needed to take risks, to design a coordinated strategy, and to pursue urgently durable solutions. Prompt, voluntary and orderly repatriation of Rwandan refugees was needed despite the risks that come with large movements. Due to limited and diminishing resources, the countries of refugee origin and asylum in the Great Lakes region must take greater responsibility and work with the international community to get refugees home.

The United States believed that the UNHCR could contribute to refugee reintegration, she said. However, coordination and cooperation among governments were the key elements in the search for solutions. The Government supported the efforts undertaken through Economic and Social Council resolution 1995/56, to examine the coordination of emergency humanitarian assistance, and it viewed the Inter-Agency Standing Committee as the best existing mechanism to facilitate quick, effective response to complex emergencies.

Protection was fundamental to any comprehensive approach, she said. And providing protection for persons who had a well-founded fear of persecution was the responsibility of every government. Mrs. Ogata reported severe threats to refugee protection, including cases where some countries were forcibly returning people to countries were they had been persecuted or

Third Committee - 13 - Press Release GA/SHC/3371 19th Meeting (AM) 31 October 1996

tortured. The international community must maintain and strengthen the humanitarian principle that refugees must not be returned to persecution or torture, either from within the territory of a receiving State or from its border. Protection for those in flight from armed conflict must also be secured.

PAUL MUKASA-SSALI (Uganda) said there was a good prospect for a durable solution to the plight of the 2 million Bosnian refugees and displaced persons in the former Yugoslavia following the signing of the Dayton peace agreements. However, a solution to the Great Lakes region of Africa was proving elusive and in the past week the situation had become critical. There were 5.5 million refugees in Africa. He noted the successful pilot phase of the programme for refugee reintegration and rehabilitation of resettlement areas in Eritrea, involving over 24,000 people and commended the UNHCR for similar repatriations of Ethiopian refugees from the Sudan and Djibouti. Elsewhere, repatriation had been less successful due to conflict and fragile security. Meetings in Nairobi in March 1995 of the Intergovernmental Authority for Drought and Development had stressed the urgent need to find peaceful solutions to differences in the region. It reaffirmed the need for peace as a prerequisite for development and acknowledged the Authority was an appropriate regional forum to deal with the issue of refugees and population displacement.

He said the asylum countries in the Great Lakes region had repeatedly expressed concern at the prolonged period of stay of the refugees. Following the Organization of African Unity (OAU)/UNHCR sponsored conference in Bujumbura in February 1995, there had been a consensus on the need to accelerate voluntary repatriation and to focus on achieving it through mass information campaigns to forestall a deterioration in the situation. At a UNDP/UNHCR-organized meeting of donor and host countries in Geneva last January, a $70 million short-term assistance package had been presented which would help repair environmental damage and the infrastructure. He appealed to the international community to respond urgently to the appeal.

MASAKI KONISHI (Japan) said his Government appreciated the initiative taken by the UNHCR in implementing small community-based projects to pave the way for repatriation and resettlement. However, these tasks should not be the burden of the UNHCR alone but should be tackled by the international community as a whole, particularly by the United Nations system. The UNHCR might play an important role, for example, in fostering an environment conducive to the peaceful resolution of conflicts, but the primary responsibility for devising formulas for peace should rest with the parties concerned, and such bodies as the Security Council and regional organizations. It was appropriate for the UNHCR to implement projects that could stimulate economic reconstruction, but full-scale assistance for post-conflict reconstruction and rehabilitation should be carried out by the UNDP and the World Bank. The pursuit for durable solutions to refugee problems required an effective combination of efforts in all fields by all relevant parties. If world peace and stability were to be

Third Committee - 14 - Press Release GA/SHC/3371 19th Meeting (AM) 31 October 1996

ensured, the international community must work towards that end as one of its highest priorities.

Humanitarian activities took place in the field, so it was there -- and not at headquarters -- that increased coordination was most urgently needed, he said. The Japanese Government believed that coordination in the field could be conducted most effectively by a lead agency that had gained experienced through its activities and permanent presence. The best example of a lead agency taking responsibility for coordination was the role played by the UNHCR in the former Yugoslavia. The Government also believed it was essential to establish an effective coordination mechanism to ensure a smooth transfer from emergency relief to rehabilitation and development. While the UNHCR's initiative in implementing the "Quick Impact Project" to spark the initial phase of the rehabilitation process was admirable, assistance for full-scale rehabilitation should be undertaken by development agencies like the UNDP and the World Bank, in close coordination with the UNHCR.

OREN DAVID (Israel) said since it was established in 1948, his country had been a land of immigrants. In the early years they came from Europe and the Middle East, and eastern and north African countries. In the late seventies, Israel took Vietnamese "boat people" and recent years, the bulk of new immigrants and refugees came from the former Soviet Union and its republics as well as from Ethiopia. During the past seven years, over 650,000 immigrants, mostly refugees, had arrived, increasing the country's population by 12 per cent. They had been successfully absorbed, despite the heavy burden on the country's overall economy. New arrivals were accorded extensive benefits and privileges, including monetary grants, subsistence allowances, "soft" loans for absorption purposes, easy-term mortgages, free education, including university education and major tax benefits. The Hebrew language skills were taught in special centres throughout the country.

Last year, Israel joined Canada as a signatory to the memorandum of understanding relating to the "Project of Metropolis", he continued. Signatory countries would attend a conference in Milan later this year, where Government officials, researchers and non-governmental organizations will exchange knowledge and recommendations on the effects of immigration in cities, including economic, social integration of children, social tolerance and culture.

JOHN E. AGGREY (Ghana) said his Government believed that the time had come for the international community to examine not only UNHCR's mandate, but, more especially, the tools made available to the agency to carry out its mandate in order to enable it to deal effectively with the recent spate of complex emergencies and the related problem of internally displaced persons. Instead of drawing up a new covenant, the international community could elaborate a declaration of guiding principles on international law protection to reflect developments in refugee law, in particular, and in international

Third Committee - 15 - Press Release GA/SHC/3371 19th Meeting (AM) 31 October 1996

humanitarian law, in general, drawing on the experiences of the UNHCR and other related agencies in the field. It was also in the enlightened self- interest of all States that refugee issues be addressed in a comprehensive manner with collective security.

The UNHCR could not be expected to cope with the refugee situation alone, he said. The volume of the refugee flows and the complex nature of the causes that engender such flows called for a multi-pronged, integrated and comprehensive response. For example, in the Great Lakes region, it became clear that the unchecked proliferation of arms into refugee camps, the damage done to the environment and the economic, social and psychological stress created a sense of urgency that called for the attention of the international community. The situation in the Great Lakes region had an increasingly important impact on international peace, stability and economic progress in the world. Resolving it involved a massive undertaking that went beyond the mandate and capacity of the UNHCR, and the Government of Ghana called on the international community to work together to bring the situation under control.

MAGED ABOUL-MAGD (Egypt) said recent conflicts which resisted easy solution and transcended the boundaries of States demonstrated the need for increased cooperation between countries, the United Nations and international relief organizations. There should be new policies and a new agenda for humanitarian action. He noted the UNHCR's "Quick Impact Project" -- a new initiative to spark the first phase of rehabilitation -- would help prevent refugees from becoming permanent inhabitants in the host country. A third of the world's refugees were in Africa and the UNHCR had spent more than 40 per cent of its budget there. Chronic hot beds of conflict threatened future human catastrophes and he noted the UNHCR's efforts to increase its rapid response to emergencies. However, he regretted the slow pace of repatriation from the refugee camps in the Great Lakes region. The numbers of children born in the camps was now greater than the original refugees. Yet, the UNHCR's resources were diminished at a time of increasing needs.

The security and stability of the Great Lakes region and other parts of the world depended on the Agency being able to effectively carry out its work, he continued. He hoped that the international community would respond to the High Commissioner's appeal and provide the necessary resources at the pledging conference to be held next week. The situation of refugees in the Great Lakes regions was no longer simply a humanitarian problem, it also included social and political dimensions and any lasting political settlement must take all those elements into account. The return of the refugees was the key to any solution. It was important that States recommit to the principle of the voluntary return of refugees. Host countries should not resort to mass expulsions or any other forced measures, although many paid a heavy price for sheltering the refugees, with damage to the environment and social and political infrastructure. However, the refugees and humanitarian personnel in the camps could not be used to achieve military or negotiating gains.

Third Committee - 16 - Press Release GA/SHC/3371 19th Meeting (AM) 31 October 1996

CARLOS DOS SANTOS (Mozambique) said the repatriation and resettlement programme concluded by his Government and the UNHCR in June 1996 had been regarded as the largest and most successful operation undertaken under the auspices of the UNHCR. The programme was made possible by a combination of factors, the most important of which had always been the strong desire of Mozambicans to return to their country. A secondary factor was the positive role played by the international community in assuring human solidarity. The Government was also thankful to Malawi, Zimbabwe, South Africa, United Republic of Tanzania, Zambia and Swaziland for sharing the little they had with their Mozambican brothers and sisters. The lessons learned from the Mozambican repatriation and reintegration operation hopefully would encourage other countries in Africa, Asia and Europe to address similar problems.

The fact that the citizens who had taken refuge in neighbouring countries had returned home did not mean Mozambique no longer needed assistance, he said. The Government was continuing with a programme of resettlement and reintegration of internally displaced persons and demobilized soldiers, as well as improving the living conditions of the newly arrived population. While Mozambique strove to heal the wounds of war and improve the living standard of all its people, the international community should support its efforts in building and rehabilitating schools and hospitals, improving food security and road access, providing clean water, sanitation and primary health care to people in need. Assistance in mine-clearance was also an important and immediate need. A successful completion of a demining programme would enable the consolidation of peace and security throughout the country.

ISTVAN LAKATOS (Hungary) said the problem of refugees could only be solved by comprehensive and integrated responses that addressed the root causes, which were often embedded in civil wars or international conflicts. The international community needed to remain vigilant to safeguard the principle that human rights could not be considered an exclusively internal affair of any given State. In addition, Governments were accountable for violations of international human rights norms and standards as well as for bringing those to justice who committed serious human rights violations. Mechanisms and procedures to enhance protection and assistance to refugees had to be closely connected and coordinated with mechanisms and procedures for preventive diplomacy, including preventive peace-building, peacemaking, peace- keeping and post-conflict peace-building. Most of the decade's major refugee crises have been triggered by internal conflicts in which ethnic identity had been a prominent factor, he said. Protection and promotion of the identity of national and ethnic minorities, ensuring their institutional participation in public affairs, were not only requirements evolving from human rights. They also formed the basic premises of the non-discriminatory functioning of a democratic state. Therefore, it was essential that peace agreements and post-conflict rehabilitation arrangements contain the principle of respect for minority rights as part of their human rights and humanitarian dimensions.

* *** *