HIGH COMMISSIONER SAYS REFUGEE CRISIS IN GREAT LAKES REGION OF AFRICA WITHOUT PRECEDENT IN HISTORY OF UNHCR

3 November 1997

Press Release
GA/SHC/3433

HIGH COMMISSIONER SAYS REFUGEE CRISIS IN GREAT LAKES REGION OF AFRICA WITHOUT PRECEDENT IN HISTORY OF UNHCR

19971103 Third Committee is Told of `Disturbing' Inaction by International Community against Breakdown in Fundamental Humanitarian Principles

The most daunting challenges to repatriation of refugees continued to be the Great Lakes region of Central Africa and were without precedent in the history of the Office of the United Nations High Commissioner for Refugees (UNHCR), the Third Committee (Social, Humanitarian and Cultural) was told this morning. The Committee began its consideration of the report of the UNHCR, questions relating to refugees and displaced persons, and humanitarian questions.

Addressing the Committee, the High Commissioner, Sadako Ogata, said she had been profoundly disturbed by the breakdown of the fundamental humanitarian principles in the Great Lakes region and by the degree of inaction with which the international community had watched that breakdown occur. The heart of the challenges faced by the UNHCR had been the inability or unwillingness of the international community to separate those who deserved international protection from those who did not.

Mrs. Ogata said there was an urgent need for States to reaffirm their commitment to upholding humanitarian principles and to manifest more clearly their resolve to address the political dimensions of humanitarian crises. She went on to say that there was "cause for great disquiet" in the increasingly restrictive trends in the granting of asylum in industrialized States. Those trends included rejection of asylum-seekers at borders, interdiction at sea and narrow interpretation of the definition of refugees. If affluent countries did not set positive examples in respecting refugee rights, how could developing countries be asked to continue to apply open and generous refugee policies when they were beset by very serious economic problems.

The representative of Norway said his country supported the High Commissioner's call for defending and promoting the principles of asylum and non-refoulement -- the prohibition of the expulsion or return of refugees to territories where their lives or freedom would be threatened. It was of

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utmost importance that all States recognized that they had an obligation to uphold the universal principles of refugee protection.

A number of speakers stressed the importance of finding a durable solution to refugee problems. The representative of Japan said issues relating to refugees ranged from emergency relief to rehabilitation and reconstruction. The responses to each had together to constitute a comprehensive solution.

The representative of the United States said lessons could be learned from the tragedy in the Great Lakes region. It was now known that armed groups must be separated out from the refugee population and that camps had to be away from borders. It was known that repatriation did not mean just return; it had to be decided how much the UNHCR should get involved with reconstruction.

The representative of Côte d'Ivoire said her country had successfully mediated problems in Sierra Leone and Liberia, which proved that Africa could take care of its problems. The international community had to commit resolutely to the idea that economic integration was the way for Africa to overcome its problems.

The representative of Luxembourg, speaking for the European Union and associated States, said operations to maintain and restore peace could contribute to preventing further displacements of persons in post-conflict situations. She stressed the importance of reintegration and economic recovery. All parties within and outside the United Nations had to cooperate to ensure a smooth transition from the emergency phase to the rehabilitation and development phase.

Statements were also made by representatives of the Lao People's Democratic Republic, Venezuela, Botswana, on behalf of the Southern African Development Community (SADC) and Ethiopia. The representative of the International Organization of Migration made a statement.

The representative of the Democratic Republic of the Congo took part in a dialogue with the United Nations High Commissioner for Refugees.

The Third Committee will meet again this afternoon at 3 p.m. to continue its consideration of the report of the United Nations High Commissioner for Refugees, questions related to refugees and displaced persons, and humanitarian questions. It will also hear the introduction of a number of draft resolutions, and take action on a number of other texts related to crime prevention and criminal justice, international drug control and advancement of women.

Committee Work Programme

The Third Committee met this morning to begin its consideration of the report of the Office of the United Nations High Commissioner for Refugees (UNHCR) regarding questions related to refugees, returnees and displaced persons, as well as humanitarian questions pertaining to these groups. It was also expected to hear an address by the High Commissioner, Sadako Ogata, and to have a dialogue with her.

The Committee had before it the UNHCR's annual report, as well as a report on the recent session of the Executive Committee of the Programme of the High Commissioner. It also had before it reports of the Secretary-General on the following subjects: assistance to unaccompanied refugee minors; follow-up on a 1996 regional conference addressing problems of refugees, displaced persons and others involuntarily displaced and returning in countries of the Commonwealth of Independent States (CIS) and relevant neighbouring States; and on assistance to refugees, returnees and displaced persons in Africa.

(For background on the reports before the Committee, see Press Release GA/SHC/3432 of 3 November.)

Statement by High Commissioner for Refugees

SADAKO OGATA, United Nations High Commissioner for Refugees, said the reduction in the number of refugees and other people of concern to the UNHCR was related to positive trends in the international environment. The settlement of some protracted civil wars had permitted millions of refugees and other uprooted persons to return home in places as diverse as Guatemala, Mali, Mozambique, Myanmar, Togo and Viet Nam. Solutions had continued to be implemented for millions of refugees. Positive developments had also taken place in Liberia and in Western Sahara.

The most daunting challenges to repatriation continued to be in the Great Lakes region of Central Africa, she said. In recent months, the challenges facing the UNHCR in the region had been without precedent in the history of her Office. The attack on refugee camps in the former eastern Zaire and their destruction in late 1996 had led to the precipitous return to Rwanda of 600,000 refugees. The request for an international military force to assist in an operation to rescue the hundreds of thousands of others went unheeded. Like other humanitarian organizations, her Office had been left to its own devices in searching for and rescuing refugees, often within conflict zones. The UNHCR personnel were faced with the dilemma of deciding whether to repatriate refugees to Rwanda or to leave them to almost certain death in the forests of the former Zaire. In the aftermath of those events, remaining Rwandans were left scattered across a number of Central African countries.

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Faced with repeated violations of the rights of refugees and asylum- seekers, her Office had been compelled to suspend activities on behalf of Rwandan refugees in the Democratic Republic of the Congo, she said. Furthermore, that Government had asked the UNHCR to suspend operations in the eastern part of the country. The Office would therefore limit its activities in Goma, Bukavu and Uvira to the monitoring of ongoing rehabilitation projects, while working to re-establish a solid base of cooperation with the Government.

Mrs. Ogata went on to say that she was profoundly disturbed by the breakdown of the fundamental humanitarian principles in the Great Lakes region and by the degree of inaction with which the international community had watched that breakdown occur. There was an urgent need for States to reaffirm their commitment to upholding those principles and to manifest more clearly their resolve to address the political dimensions of humanitarian crises. Their response to the complexities, dilemmas and tragedies of displacement must be firmly rooted in a framework of universally accepted principles. The heart of the challenges faced by the UNHCR lay in the inability or unwillingness of the international community to separate those who deserved international protection from those who did not, and to prevent the latter from endangering refugees and nationals alike.

In the Great Lakes region, humanitarian agencies had been left alone, grappling with the dilemma of having to assist the innocent while unwittingly provide support to the guilty, she said. Yet, they had no choice if thousands of innocent lives were to be saved. It was also important to give due consideration to the legitimate concerns of States in protecting the needs of refugees. States needed to assume their responsibilities under international law. The appalling problems encountered in the Great Lakes region could have been avoided if States had supported the UNHCR's actions and well-established principles more decisively.

The Great Lakes crisis provided a dramatic demonstration of some of the most serious humanitarian problems the Office faced, she said. At the same time, increasingly restrictive trends in the granting of asylum in industrialized States, including the rejection of asylum-seekers at borders, interdictions at sea and narrow interpretations of the definition of "refugees", were also the cause of grave disquiet. If affluent countries did not set positive examples in respecting refugee rights, how could developing countries be asked to continue to apply open and generous refugee policies when they were beset by very serious economic problems?

She went on to stress the importance of refugee repatriation. In the past few years, the UNHCR had enhanced its expertise and ability to deal with organized returns as well as with repatriation emergencies, she said. While governments wanted rapid repatriation, it was important to understand that repatriation at the wrong time and under the wrong conditions was not only a contravention of the rights of refugees but could also endanger the prospects

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for reconciliation and longer-term security. Timely and orderly return and reintegration, in conditions of safety and dignity, could make an important contribution to peace-building and help prevent any resurgence of conflict and displacement.

She drew attention to actions being taken by the UNHCR to deal with the challenges of reintegrating refugees in Bosnia and Herzegovina and Rwanda. The return of some 2 million Rwandans to their country since 1994 had posed colossal challenges, which were compounded by conditions of grave insecurity, she said. Nevertheless, their reintegration must be supported if peace was to be restored in the region. By focusing assistance on communities of return and by encouraging individuals to be active participants in rebuilding their societies, the international community would be promoting reconciliation. There was need for the further development of comprehensive strategies bringing together political, developmental and humanitarian actors and initiatives.

Development agencies should be involved at the outset of crises, during the planning phase, she said. "The UNHCR cannot and will not do development work, but we want repatriation to be sustainable." The social, economic and psychological needs of returnees must be addressed by longer-term schemes, so that initial, quick-impact humanitarian activities supporting returnees could eventually merge into broader development programmes. To that end, the UNHCR had made efforts to systematize relations with its development partners, including the United Nations Development Programme (UNDP), the World Bank and the field operations of the Office of the High Commissioner for Human Rights. Those efforts must be seen in the context of United Nations reform.

The shortfall in funding for the UNHCR would hamper its ability to protect and assist refugees in non-emergency situations and to carry out key functions, Mrs. Ogata said. Special operations must also receive greater financial support if the Office's efforts to solve the problems of refugees were to be successful. It was hoped that the forthcoming pledging conference would address some of the Office's funding problems. Addressing the situation of the UNHCR staff in the field, she said it was unacceptable that they should face increasingly dangerous situations and be caught in crossfire. Governments should help the UNHCR to ensure the safety and security of humanitarian staff -- particularly national staff, who were the most exposed.

The representative of the Democratic Republic of the Congo, responding to the High Commissioner's comments on the refugee situation in his country, said some persons had aligned themselves with international aid workers, as a cover for actions against their own people. He said half a million refugees had come to the Democratic Republic of the Congo from Congo-Brazzaville, but that was not mentioned in the report. Why not? he asked.

Mrs. OGATA said her Office now knew that refugees were not only victims, but could cause insecurity and other problems. In the case of the former

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Zaire, she cited the case of a camp that was located too close to the border. She said the UNHCR had tried different solutions, such as making smaller camps or changing locations, but those solutions had not worked. That was why her Office was now in close consultation with the Government of the Democratic Republic, to alleviate the situation and to prevent such problems in the future.

She said the Congo-Brazzaville refugees had not been mentioned because enough detail could not be provided about all the ongoing UNHCR interventions.

Statements

SYLVIE SCHOSSELER (Luxembourg), speaking for the European Union and Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia and Cyprus, said the Union was concerned by the increased number of persons displaced within their own countries, but was satisfied that the total number of refugees had decreased from 1996 to 1997. The return of more than 1 million refugees to their countries of origin was based on efforts of the UNHCR, and all States which had contributed little or nothing to the UNHCR should take on a greater share of funding.

She said the European Union was concerned by the slowing down of refugee return in Croatia and in Bosnia and Herzegovina, and also by developments in the Great Lakes region. However, the greatest concern was over the growing insecurity of working conditions in the field. The Union condemned attacks on humanitarian personnel and the barriers placed in the way of their access to populations in distress.

To improve the situation, she went on, the Union was proposing a resolution on the security of humanitarian personnel at the General Assembly's current session under agenda item 20. Furthermore, the Union called on all nations, particularly parties in conflict, to fully respect the integrity, impartiality and neutrality of the UNHCR, and to guarantee free access to all places where refugees were located. Operations to maintain and restore peace could contribute to preventing further displacements of persons in post- conflict situations. She stressed the importance of reintegration and economic recovery, and said all parties within and outside the United Nations must cooperate to ensure a smooth transition from the emergency phase to the rehabilitation and development phase.

HISASHI OWADA (Japan) said that, since last year, there had been no new massive movements of refugees requiring emergency relief on a major scale. Positive developments in coping with refugee problems through voluntary repatriation had occurred in such places as Togo, Liberia, Angola and Guatemala. The UNHCR was to be credited even as it faced many serious challenges.

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The safety and security of the UNHCR and other humanitarian personnel was of paramount concern, he said, and all States must become party to the Convention on the Safety of United Nations and associated personnel. The scope of the Convention's application had to be broadened; there must be an examination of exceptional risk as each new operation was undertaken.

He said issues relating to refugees ranged from emergency relief to rehabilitation and reconstruction; the responses to each had together to constitute a comprehensive solution.

ALAN KRECZKO (United States) said the past year had been challenging for the UNHCR. The principles of voluntary repatriation had been severely tested and sometimes ignored. The situation in the Great Lakes region of Africa had been tragic. International efforts, in hindsight, could have been better. The lessons to be learned were that armed groups must be separated out from the population, and that camps had to be away from borders.

He said the United States was pleased that the Democratic Republic of the Congo had agreed to accept the team of the Commission of Inquiry approved by the Secretary-General, and he hoped that would re-establish good relations between the UNHCR and the Great Lakes States.

He said burden sharing was needed in dealing with refugee problems. It was important to provide not only financial but also political support. The UNHCR could not have a policing role; its job was to monitor and to advise States. It must not be made a scapegoat when there were failures. Refugees must not be "refouled", but if forcible repatriation was required, the UNHCR had to provide protection. Voluntary repatriation must be upheld, but that did not just mean return. It should be decided how much the UNHCR should get involved with reconstruction.

KHENTHONG NUANTHASING (Lao People's Democratic Republic) said that despite a decrease in the number of refugees worldwide, the problem of refugees remained an issue of serious concern to the world community. As a result of natural and ecological disasters, poverty, economic hardship, and ethnic and national conflicts, the problem of refugees was a complex issue. It should be resolved through a comprehensive approach requiring the determination and the political will of the international community, and more particularly the States concerned. He said further international efforts were needed to help the UNHCR perform its humanitarian task more effectively. There should be no place for political consideration or manoeuvres in dealing those purely humanitarian issues.

He said his Government continued to welcome all Lao refugees abroad who wished to return home voluntarily. The programme of repatriation had begun in 1980, and more than 27,000 had returned home voluntarily under conditions of safety and dignity. The Lao Government had done its utmost in helping compatriots to reintegrate in the national community. About 1,300 Lao

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refugees were still to be repatriated. Although their numbers were small, executing their return was no less complex than for the others, with such problems as delays in the screening and rescreening procedures to determine status, and lack of adequate funds to help reintegrate the returnees.

SVEIN AASS (Norway) said further measures were needed to ensure the safety of UNHCR staff and humanitarian workers. It was not a responsibility that should be borne by humanitarian agencies themselves. It was a challenge to the United Nations system and to countries involved in humanitarian operations.

He said it was a serious matter when international principles of refugee protection and humanitarian standards had been disregarded so gravely as in the Great Lakes region in recent months. Norway was greatly concerned about the circumstances that compelled the UNHCR to suspend its operations in the Democratic Republic of the Congo. To address the underlying problems of that region, there was need for action that covered political, military, humanitarian and development sectors. Justice was a prerequisite to pave the way for reconciliation and for solutions to the refugee and displacement problems in that region. The Rwanda International Criminal Tribunal must be enabled to cope with that task.

He said Norway supported the High Commissioner's call for defending and promoting the principles of asylum and "non-refoulement". It was of utmost importance that all States recognized that they had an obligation to uphold the universal principles of refugee protection, as established in the 1951 Convention and the 1967 Protocol relating to stateless persons. Although resettlement might be the only solution in difficult cases, voluntary repatriation was the preferred solution to refugee problems.

Repatriation should facilitate peace and reconciliation and not increase instability. It must be managed carefully. Post-conflict rehabilitation would require institution-building, as well as the strengthening of civil society, the promotion of equity and the elimination of landmines. To make repatriation sustainable and prevent the recurrence of involuntary displacement, there was a need for humanitarian, development and human rights programmes.

KABA CAMARA (Côte d'Ivoire) said the solution to the refugee and displaced persons problem was peace. Discussion and mediation with Sierra Leone had brought about an end to the civil war, and when the movement of repatriation was interrupted by a military coup, the threat of sanctions helped to get those behind the putsch to cooperate. In the same way, her country's mediation in Liberia had contributed to a solution there. By those interventions, Africa had proven its ability to take care of its problems, but Africa nevertheless needed international support while it put those peacemaking measures into effect.

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Her country's army was ready to take part in peacekeeping operations. She said Côte d'Ivoire believed a permanent African defensive force was necessary, and was in favour of preventive mechanisms. The Organization of African Unity (OAU) needed the support of the international community. Developed countries had shown a willingness to provide technical support, and it had to know that Africa believed in good governance based on law. The international community had to commit resolutely to the idea that economic integration was the way for Africa to overcome its problems.

SAYED DURAN (Venezuela) said refugee problems must be looked at in a global context, taking account of the overall involvement of all United Nations bodies and more coordination among countries. Internal displacement, for example, was outside the mandate of the UNHCR, but the problem required the same degree of humanitarian assistance. Voluntary repatriation was difficult to achieve and it was related to economic stability, which was necessary if repatriation were to be achieved with dignity. Development bodies and human rights organizations had to be involved in the process.

She said the world had to be alert to the causes of conflicts, and it had to implement preventive measures. The UNHCR had to be supported in both preparation and implementation of programmes, in cooperation with financial and development institutions.

LEGWAILA LEGWAILA (Botswana) on behalf of the Southern African Development Community (SADC) -- Angola, Botswana, Lesotho, Malawi, Mozambique, Namibia, Swaziland, United Republic of Tanzania, Zambia and Zimbabwe -- said the situation of refugees had not improved. Voluntary repatriation was the most enduring solution to the problem, but conditions in the countries of origin had to be sufficiently hospitable to enable refugees to volunteer to return home. The onus was on the countries of origin to work with the international community in establishing resettlement programmes which facilitated the reintegration of returnees into their societies. Repatriation sometimes produced more problems than it solved both for the repatriated persons and the countries of origin.

The SADC welcomed the initiatives in the development of emergency preparedness and response, she said. It urged close collaboration between the OAU and the UNHCR for finding a durable solution to the refugee problem in Africa. While each conflict situation was unique, most of Africa's refugees were victims of conflict situations and not natural calamities. Too much emphasis could not be placed on the importance of preventive diplomacy, contingency planning and development of early warning systems on the continent. The cycle of conflict there, which had produced so many refugees and displaced persons, could be broken only by anticipating the eruption of conflicts and preventing them.

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FESSEHA A. TESSEMA (Ethiopia) said that among the 10 major countries in the world with most refugees, seven were in Africa. Five of the top 10 countries of asylum in the world were also African. It was distressing that the plight of most refugees showed little signs of easing, in some cases becoming permanent. African countries had shouldered their responsibilities with regard to refugees, but the countries of asylum were among the poorest in the world, with fragile economic, social and environmental conditions. "Compassion fatigue" was becoming apparent.

However, he went on, the problem affected all nations. It was not enough to react to shocking television pictures of teeming refugees, and then gradually forget about them. The search for a durable solution needed to have more attention given to it than merely scrambling to give humanitarian assistance. The core solution to the refugee problem was to prevent the crises from happening in the first place, and conflict prevention was important. More attention had to be given to reintegration and repatriation activities, with a view to making returnees self-sustaining.

PETER SCHATZER, of the International Organization for Migration, said a Memorandum of Understanding had been signed between his organization and the UNHCR which provided a framework for new forms of cooperation in situations where the two organizations had complementary mandates. It would particularly affect the return of rejected asylum seekers and irregular migrants, internally displaced persons and those whose return was of crucial importance for the overall peace process, namely demobilized soldiers and their families. He said successful demobilization was in many cases a precondition for the return of other groups, including refugees and internally displaced civilian populations.

Describing other forms of cooperation with bodies of the United Nations system, Mr. Schatzer said that having to rely on voluntary contributions to complete an operation that was started with assessed peacekeeping funds made planning very difficult. Uncertainty about funding complex operations put further strain on extremely volatile political situations.

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