PAST YEAR HAS SEEN NEW PATTERN OF HUMANITARIAN CATASTROPHES, MORE LIMITED IN SIZE BUT MORE COMPLEX IN NATURE, SADAKO OGATA TELLS THIRD COMMITTEE
Press Release
GA/SHC/3504
PAST YEAR HAS SEEN NEW PATTERN OF HUMANITARIAN CATASTROPHES, MORE LIMITED IN SIZE BUT MORE COMPLEX IN NATURE, SADAKO OGATA TELLS THIRD COMMITTEE
19981111 UN High Commissioner for Refugees Notes Growing Gap between Humanitarian and Development AssistanceKey peace processes were slowing down and financial turmoil had introduced a new element of uncertainty and fuelled widespread crises, United Nations High Commissioner for Refugees Sadako Ogata told the Third Committee (Social, Humanitarian and Cultural) this morning, as it began its consideration of questions relating to refugees and displaced persons and humanitarian questions.
Presenting her report to the Committee, Mrs. Ogata said grave human displacement crises had occurred during the past year, although their pattern had differed from the humanitarian catastrophes of the early 1990s. There were now scattered emergencies, more limited in size, but more complex in nature.
The international community should not lose its commitment to resolve conflicts and to seek solutions to refugee problems, she said. That resolve must be based on a universal spirit and shared effort which she called global solidarity.
She said that in the past few years, the UNHCR had been increasingly involved in post-conflict situations, particularly in the context of large-scale return of refugees. Its efforts in that area had been hampered by a growing gap between humanitarian and development assistance. The UNHCR had limited expertise in the development area. Its objective was to ensure that immediate humanitarian needs were covered so that the reintegration process had a solid basis. The early involvement of development agencies would also allow humanitarian workers to focus on their areas of expertise.
In a dialogue with delegations following the introduction of her report, she was asked how the civilian character and neutrality of refugee camps could be maintained. She said that host governments sometimes needed help in maintaining the security of camps. An option was to provide assistance in the
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form of training and equipping the police. Another solution was to look at regional peacekeeping capacities, to see if regional organizations could help to remove armed elements. She added that the Security Council was also looking at the possibility of deploying rapid intervention forces.
During the dialogue, comments were made and questions asked by the representatives of Austria (on behalf of the European Union), the former Yugoslav Republic of Macedonia, Netherlands, India, Sudan, Spain, Senegal, Ireland, Turkey and Sweden.
Statements were made in the general debate on the agenda item by the representatives of Austria (on behalf of the European Union and associated States), Mozambique (on behalf of the Southern African Development Community) and Norway, as well as by the Observer for the Holy See.
The Committee will meet again at 3 p.m. this afternoon to continue its consideration of questions relating to refugees and displaced persons and humanitarian questions.
Committee Work Programme
The Third Committee (Social, Humanitarian and Cultural) met this morning to begin its consideration of the Report of the United Nations High Commissioner for Refugees: questions relating to refugees and displaced persons and humanitarian questions. The Committee had before it the report of the United Nations High Commissioner for Refugees and the report of the Executive Committee of the Programme of the United Nations High Commissioner for Refugees on the work of its forty-ninth session.
It also had before it four reports of the Secretary-General on: the new international humanitarian order; assistance to refugees, returnees and displaced persons in Africa; the implementation of the Programme of Action of the Regional Conference to address the Problems of Refugees, Displaced Persons, Other Forms of Involuntary Displacement and Returnees in the Countries of the Commonwealth of Independent States and Relevant Neighbouring States; and assistance to unaccompanied refugee minors.
The report of the United Nations High Commissioner for Refugees (document A/53/12) states that the overall number of persons of concern to the Office of the United Nations High Commissioner for Refugees (UNHCR) in 1997 stood at 21 million. That figure represents some 12 million refugees, 3.3 million repatriating refugees in the early stages of their reintegration, 3.6 million internally displaced persons and 1.2 million others of humanitarian concern, for the most part victims of conflict. Over 676,000 refugees returned voluntarily to their countries of origin in 1997, highlighting the fact that repatriation is the preferred solution for many of the world's refugees. Often, however, they returned to fragile or unstable situations emerging from conflict or still embroiled in it.
In the face of complex situations, the report continues, solutions are being tailored to meet the specific characteristics of refugee movements, be they mass outflows from civil war, individual cases seeking asylum from persecution, or movements of non-refugees. In order to advance the search for solutions for refugees and contribute to regional peace and stability, the UNHCR has promoted and become increasingly involved in regional initiatives to address issues related to refugees and displaced persons.
Despite positive advances towards solutions in a number of regions, the report states that the UNHCR remained deeply concerned over the erosion of accepted principles through restrictive asylum policies, laws and practices, and through refoulement. While striving to ensure that refugees are accorded favourable treatment in countries of asylum, as well as upon return to their country of origin, particularly in situations emerging from conflict, the UNHCR has sought to develop comprehensive approaches to international protection that give a central focus to respect for human rights, including human security.
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The report goes on to say that the UNHCR has advocated for the creation of conditions conducive to return and reintegration through United Nations system-wide efforts that include institution-building, the strengthening of civil society, the promotion of equity, the elimination of land mines and more effective control of the proliferation of small arms.
Institution and capacity-building in countries of origin continued to remain an important aspect of UNHCR activities, the report says. In 1997, the protection mandate of the UNHCR continued to be challenged on many fronts, particularly in the Great Lakes region of Africa, where UNHCR remained preoccupied with the protection of thousands of Rwandan and Burundi refugees. Denial of access to refugees, military attacks on refugee sites, killing of refugees, refugee disappearances, refoulement and serious violations of human rights of refugees, posed severe protection problems of unprecedented proportions.
One way of securing the physical security of refugees in camps was to ensure that the humanitarian and civilian character of refugee camps was maintained, the report continues. Among other things, that meant excluding from refugee camps, those who engaged in militant activities. The unwillingness or inability of the international community to separate those who deserved international protection from those who did not, to a large extent underpinned the serious protection problems posed in the Great Lakes region of Africa.
In 1997 and during the first quarter of 1998, more than 50 Emergency Response Team missions were dispatched to at least 11 different operations around the world. The African continent remained a major destination, with missions to Rwanda, the Democratic Republic of the Congo, Congo, Kenya, Zambia, Ethiopia, Liberia and Sierra Leone. There were also deployments to Thailand, Cambodia and Turkmenistan in 1997.
Following the emergency phase of an operation, the UNHCR provides the form of assistance referred to as care and maintenance, aiming to cover the basic needs of a refugee population until a durable solution can be found. During 1997, more than a half of UNHCR General Programme expenditure was in the form of such activities.
The voluntary repatriation of refugees very often constitutes the preferred durable solution to refugee situations throughout the world, according to the report. In recent years, the UNHCR has somewhat redefined its role in countries of return, since its mandate to seek durable solutions to refugee problems requires additional efforts to stabilize the returning population before withdrawing completely from the operation. In 1997, some 30,250 refugees were resettled under UNHCR auspices, including refugees accepted for resettlement, but who did not travel before the end of the year.
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Among the UNHCR's priorities is the issue of refugee women, the report states. In 1997, the UNHCR continued to implement activities in relation to the four areas of concern for the UNHCR under the Platform for Action adopted at the Fourth World Conference on Women (Beijing, 1995) -- namely women and armed conflict, violence against women, human rights of women, and the girl child. To combat violence against women, especially sexual violence, the UNHCR and its implementing partners have introduced a crisis prevention and intervention programme in several refugee situations. In an effort to aid refugee women affected by armed conflict in reconstructing their lives, the UNHCR has encouraged special initiatives for refugee and returnee women under the Bosnian Women's Initiative and the Rwanda Women's Initiative.
In the former Yugoslavia, 1997 was the first year of the peace consolidation period following the December 1995 signing of the peace agreement signed in Dayton, Ohio, in 1995. Of the 3 million persons uprooted by the conflict, some 815,740 refugees from Bosnia and Herzegovina remained in asylum countries at the beginning of 1997. The population of refugees and internally displaced persons remained high owing to continuing political, security and economic constraints. The number of refugees and displaced persons who returned home to Bosnia and Herzegovina in 1997 was 120,000 and 53,810 respectively, bringing the total number of returns during 1996 and 1997 to close to half a million persons. Progress on repatriation and returns elsewhere in the region was slow.
According to the report, the UNHCR is currently working with more than 600 implementing partners to carry out its mandated responsibilities. The quality of service which it provides to refugees depends to a large extent on the effectiveness of the implementation arrangements chosen for each operation. A review of implementing arrangements and the selection procedures used by the UNHCR to identify appropriate partners was undertaken in 1997.
In 1997, the final budget of the UNHCR (covering both General and Special programmes) was $1.2 billion, the report states. Donors provided some $806 million compared with $970 million in 1996. Funding for the General Programmes -- the core activities for refugees -- declined in 1997, prompting the High Commissioner to launch a major campaign with donors to redress the trend. Special Programmes accounted for 60 per cent of 1997 operational activities, with special appeals launched for operations in the former Yugoslav, Afghanistan, Great Lakes region and the Horn of Africa, among others. During 1997, UNHCR raised some $486 million for such special operations, leaving the programmes, at times, short of finances. For 1998, expected budgetary requirements are estimated at $1 billion.
An addendum to the report (document A/53/12/Add.1) contains the report of the Executive Committee of the Programme of the United Nations High Commissioner for Refugees on the work of its forty-ninth session, held in Geneva from 5 to 9 October. It states that the Executive Committee took up questions related to, among other things: the protection situation; human
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rights and refugee protection; the right to seek and enjoy asylum; family unity; the composite flows and facilitation of return; and the detention of asylum-seekers. The Executive Committee also made decisions on administrative, financial and programme matters.
Annex II of the report contains the opening statement by the United Nations High Commissioner for Refugees to the Executive Committee of the High Commissioner's Programme on 5 October 1997. Annex III of the report contains the Chairman's summary of the annual theme, international solidarity and burden-sharing in all its aspects: national, regional and international responsibilities for refugees.
A report by the Secretary-General on the new international humanitarian order (document A/53/486) states that the Independent Bureau for Humanitarian Issues, coordinating efforts on the new humanitarian order, has underlined the need to further strengthen humanitarian instruments and mechanisms to ensure rigorous respect for humanitarian norms and to devise more effective means to implement programmes of assistance. The Annex to the report contains the information submitted to the Bureau by the Governments of Bosnia and Herzegovina, Jordan, Monaco and the Netherlands on progress made in implementing the resolution on the new order.
Also contained in the Annex of the report is an outline of activities undertaken by the Bureau in the context of promoting the new order. These actions centre on: capacity-building at the local and regional levels; the conduct of action-oriented research; undertaking advocacy activities and disseminating information; and carrying out activities related to national and international legislation, as well as to the achievement of greater cooperation within the United Nations system and with other actors in the humanitarian field.
A report of the Secretary-General on assistance to refugees, returnees and displaced persons in Africa (document A/53/328) states that the situation of refugees, returnees and displaced persons in Africa is a priority concern for the United Nations and coordinated efforts are addressing the complex problems in many countries in Africa. The report identifies two issues as central to addressing the situation. One is the obligation of States to minimize the suffering of civilian populations, and the other is the need for political leaders to take effective action in pursuing and consolidating political solutions.
The report also concludes that there are two prerequisites for solving the refugee problem in the area. First, ensure firm support for the principles of refugee law. Second, search for peace and stability in areas of conflict. Since, too often it has been difficult to implement key provisions of international refugee law at crucial moments of crisis, the report recommends that a two-track approach be used, so that refugees are both physically and legally separated from those undeserving of that status.
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Individuals who do not qualify for international protection, who are bearing arms and who are known to be responsible for intimidation should not be accommodated in refugee camps, the report states. Rather, they should be disarmed by the host country and, where national authorities lack the capacity for such action, regional or international measures should be considered.
The report also concludes that in recent years, the large-scale population displacements in Africa have been deliberately provoked or engineered for the intent of furthering political or military interests. The massive movement and presence of displaced persons is acknowledged in the report as impinging directly on the national and security interests of States. However, the emphasis should be on finding solutions to those situations through political dialogue and through efforts that promote political solutions.
Another report of the Secretary-General reviews the implementation of the Programme of Action of the Regional Conference to Address the Problems of Refugees, Displaced Persons, Other Forms of Involuntary Displacement and Returnees in the Countries of the Commonwealth of Independent States and Relevant Neighbouring States (document A/53/413), which was held at Geneva in May 1996.
The Steering Group established to follow up on the Conference -- the UNHCR, the International Organization for Migration, and the Organization for Security and Cooperation in Europe (OSCE)/Office for Democratic Institutions and Human Rights -- met in June 1998 to review progress after the second year of implementation. Altogether, 40 States, 21 international organizations, 73 non-governmental organizations (NGOs) and five other entities participated in the review. The deliberations during the meeting confirmed that Conference follow-up remains broadly on track and reaffirmed the value of the entire process. The report adds that the Steering Group meeting has become and remains a very useful vehicle for pan-European and international dialogue to discuss and review issues on a broad humanitarian agenda.
The review paid special attention to such issues as irregular migration, and emphasis was placed on finding a balance between control measures and humane asylum and migration management approaches, states the report. The predicament of the formerly deported peoples, particularly the Meskhetians and Crimean Tatars, found frequent mention in the review meetings. Those people had been expelled en masse from their homelands and remained stateless. A number of participants also underlined the critical importance of burden and responsibility sharing, noting that the entire Conference process was based on that premise.
It was reiterated at the meeting that the political settlement of conflicts was a precondition for effective solutions to problems of refugees and other displaced persons. Distress and frustration were expressed over the lack of progress in arriving at a political settlement of the conflict over
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Nagorno-Karabakh and the recent flare-up of fighting in the Gali district of Georgia, which has resulted in the renewed displacement of many thousands of people.
The report indicates that five interested States (United States, Sweden, Finland, Norway and Switzerland) confirmed and/or announced new contributions to the UNHCR and International Organization for Migration appeals for 1998 for the countries of the Commonwealth of Independent States. One country of the Commonwealth of Independent States, Armenia, set a novel example by contributing to the UNHCR's country programme.
The report states that over the past two years, a great deal of progress has been made in the implementation of the Programme of Action, particularly in the areas of building institutional frameworks, broadening partnerships between international organizations active in the countries of the Commonwealth of Independent States and their governments, and developing civil society, especially enhancing the capacities and skills of emerging local NGOs.
According to the report, in the year ahead, efforts will be made to build on those achievements and further shape the focus of the follow-up process to ensure that the implementation of the Programme of Action is more effective and enjoying full political support at national and international levels. Also envisaged is more participatory involvement of the governments of countries of the Commonwealth of Independent States and other interested States, as well as international organizations, including international financial institutions. Also, further progress on the Programme of Action will be reviewed at the fourth Steering Group meeting, to be held in mid-1999.
A report of the Secretary-General on assistance to unaccompanied refugee minors (document A/53/325) describes measures taken through inter-agency cooperation to prevent refugee family separation and to trace unaccompanied children and reunite them with their families. It concludes that, with the contributions being made to the work of agencies by the Special Representative of the Secretary-General on Children and Armed Conflict, agency cooperation is increasing and improving the delivery of efforts on behalf of unaccompanied minors.
However, the report also states that on a daily basis, children trapped in war zones or fleeing from them are involuntarily separated from their families. Currently, such crisis settings exist in Sierra Leone, Guinea-Bissau and Kosovo, among others. Until civilians in general are protected from the impact of warfare, increasing numbers of children would continue to be exposed to the additional trauma and danger of separation. The report urges Member States to promote and adhere to the Convention on the Rights of the Child and urges support for measures conducive to avoiding involuntary family separation.
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Introduction of UNHCR Report
SADAKO OGATA, United Nations High Commissioner for Refugees, said there were many serious areas for concern on the question of refugees. Key peace processes were slowing down, and financial turmoil had introduced a new element of uncertainty and fuelled widespread crises. Whereas, in previous years, an increased trend towards repatriation had given rise to the hope that the refugee problem would be reduced, this year the overall figure of concern to the her Office had only marginally decreased. Grave human displacement crises had occurred, although their pattern differed from the humanitarian catastrophes of the early 1990s. There were now scattered emergencies, more limited in size, but more complex in nature.
While international efforts could not prevent a major refugee crisis in Kosovo, in the last few weeks such efforts had at least resulted in the containment of the conflict, she said. That had encouraged almost all people displaced within Kosovo to return, often to find their homes destroyed and their property looted. It was unlikely also that any significant return would occur from other countries before the spring of 1999. Security remained an overriding concern.
The size and complexity of the international involvement in Kosovo meant that, as the lead humanitarian agency, the UNHCR must work in close coordination with a number of actors, she said. Yet, its role must remain distinct from that of the international verifiers, whose mission was political. The UNHCR was concerned with humanitarian tasks and, in particular, the rehabilitation of houses.
The efforts made by the international community to resolve the Kosovo crisis should not weaken its commitment to achieve the objectives set out in the Dayton peace accords on Bosnia and Herzegovina, in particular that of minority returns, she said. Political energy and material resources were still desperately needed to advance that essential task. Both were required to overcome the political and administrative obstacles to large-scale minority returns. The targets for minority returns had not been met this year. They must be met in 1999.
The disturbing patterns of displacement in the Great Lakes region of Africa had far-reaching consequences gravely affecting security and socio-economic development, she said. To restore humanitarian values in the region, it was necessary to address the problem of insecurity in situations of displacement and to sustain returnee reintegration as a vital component of post-conflict reconstruction. The UNHCR had set to work in both those directions, and was cooperating closely with the United Nations Department of Peacekeeping Operations.
West Africa was another region that had recently experienced dramatic refugee movements, she said. However, a remarkable conflict resolution
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capacity had been developed at the regional level there. The efforts of countries in the region, and by the Economic Community of West African States (ECOWAS), were instrumental in bringing about the end or containment of conflicts in Liberia, Sierra Leone and Guinea-Bissau. She called for greater international support for the region.
The international community, she said, should not lose its commitment to resolve conflicts and to see solutions to refugee problems. The resolve must be based on a universal spirit and shared effort, which she called global solidarity. The UNHCR would continue to uphold the right of people threatened by persecution or violence to seek and enjoy asylum. Resettlement of refugees to third countries was another important expression of global solidarity. Better and safer lives must be offered to vulnerable and threatened people through resettlement, which was not a channel for economic migration, but a unique protection instrument.
The fundamental expression of global solidarity could take many forms, not only financial and material, but also in the areas of legislation, training, education, environmental rehabilitation and public awareness, she said. Global solidarity must also be firmly based on refugee protection principles. To underline the central importance of refugee protection to the UNHCR's mandate and work, it was promoting a campaign of universal accession to refugee conventions and implementation of refugee law in national legislations by the year 2000.
The UNHCR had a unique protection role, she said. It was not purely a legal undertaking; material assistance was an indispensable support to the function. The UNHCR and its partners had direct access to refugees and displaced persons. Ensuring protection in the full sense was very difficult, but without access, it would be impossible. The often dramatic increase in the physical and psychological violence waged against civilians added even more significance to the UNHCR's field presence.
In the past few years, the UNHCR had been increasingly involved in post-conflict situations, particularly in the context of large-scale return of refugees to their home countries, she said. Its efforts in that area had been hampered by a growing gap between humanitarian and development assistance. The focus of the discussion should be moved from the abstract definition of respective mandates to the concrete identification and creation of realistic linkages. The UNHCR did not want to do development work, and had limited expertise in the area. Its objective was to ensure that immediate humanitarian needs were covered so that the reintegration process had a solid basis.
She said she hoped that development partners could intervene quickly and effectively, although that was often made difficult by the fact that they were not present on the ground during the conflict. The early involvement of development agencies would also allow humanitarian workers to focus on their
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areas of expertise. The UNHCR was becoming increasingly involved in situations where the humanitarian/development gap was a major problem, and was committed to promoting efforts to bridge that gap. That contribution to achieving sustainable peace should be a priority.
In the future, the UNHCR's first priority was to maintain and, if possible, strengthen its capacity to prepare for and respond to refugee emergencies, she said. A second priority was to ensure that it should work with a more solid funding base: that contributions be made on a more timely basis, that they were relatively predictable, and that earmarking be kept to reasonable levels -- so as not to jeopardize the ability to address changing refugee situations in a flexible manner. It was also a priority to devote attention to the maintenance and promotion of a human approach in the work of the UNHCR. The biggest challenge and the greatest privilege in working with the UNHCR was that it dealt not only with issues, concepts, policies and figures, but also, more importantly, with people.
Dialogue with High Commissioner
The representative of Austria, speaking on behalf of the European Union, said that regarding the relief to development gap, the UNHCR had been criticized in its post-conflict reconstruction activities, yet development organizations were not yet prepared to take over from the UNHCR. What concrete measures were under way to make that transition smoother? Also, what role did she see for the UNHCR in the resettlement of internally displaced refugees?
The representative of The former Yugoslav Republic of Macedonia said the High Commissioner was discharging the most difficult duty in the United Nations with an exemplary devotion and diligence. It was important that yesterday, the Security Council had discussed her work and the security aspects of the refugee issue. The effort to enhance maintenance of international peace and security could not ignore the issue of refugees. She could count on his country's full support and cooperation in that field. He asked her to expand on the preventive role of the United Nations in facing the refugee crisis. What should be the responsibility of Member States? The prevention of new conflicts was a complex affair; the United Nations should always be prepared to act quickly and effectively to help refugees. He was pleased to hear that the first priority of her Office was to be prepared.
The representative of the Netherlands said one of the problems the High Commissioner faced today was the framework in which she had to operate. For example, there was a large flow of persons who were not in need of international protection under the terms of the 1951 Convention relating to the Status of Refugees, and there was a growing tendency of mixed flows of genuine refugees and persons not in need of international protection. Could she address that issue -- what, for example, should States do, and how could the UNHCR be of assistance to States?
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Mrs. OGATA said that governments were beginning to understand the importance of the relief to development gap. The first priority was to make sure that returnees could be absorbed in the developmental process of the countries they were returning to. She was discussing ways to hand over emergency humanitarian operations to medium and long-term development operations. The two were different: one was based on a conflict situation and the other assumed a peaceful situation. That was not always the case in post-conflict situations.
She added that there was also an international resource problem. Governments must have the capacity to absorb the refugees or internally displaced persons, which was another gap. On the return of internally displaced persons, the UNHCR was respecting and following the guiding principles, which had been very helpful.
On the question of protection of refugees, she said there were two important principles: asylum was a last resort and must be protected, but there was also a need for intervention, which sometimes had to be backed by military intervention of the peacekeeping sort. Governments must tackle the basic issues, and the international community must back them.
The question of mixed flows of people was a serious problem especially, but not only in industrialized countries, she said. There had to be a need for a fair and quick screening or status determination system. But even then, the question of migration needed to be dealt with.
The representative of India noted the call of the High Commissioner for global solidarity efforts to seek solutions to refugee problems, and said he would be happy to extend all assistance possible. What were her expectations from Member States? What support could be extended to advancing the cause of refugee protection, durable solutions and international solidarity?
The representative of Sudan brought up the issue of displaced persons who were originally refugees. He said the situation that refugees returned to was often worse than it had been when they left. Conditions should be prepared so that returnees could have something to return to. Also, his country allowed refugees to live outside refugees camps, but they were not given international assistance. They were an economic burden. Could the UNHCR enable those refugees to receive some assistance? He called on other organizations to assist as well with the problem of displaced persons.
The representative of Spain referred to the security of operations and the safety of humanitarian personnel. Spain had paid special attention to that delicate issue, and was determined to improve the situation of humanitarian efforts. Could the High Commissioner remind the Committee of the measures that were being taken to improve the safety of the humanitarian workers on the ground? What could States do to support the work being done in that regard?
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Mrs. OGATA thanked the generous offer of the representative of India. Sticking to her mandate, she said it was important to respect the spirit and principles of refugee conventions. She had called for universal adherence to those conventions. It was also necessary to assure asylum, and to deal with a variety of people who may need care. Minorities should also be protected, in addition to refugees.
She said the Sudan had received refugees for years, and she was grateful for their generosity. It was true that people went back to situations that were unfavourable. There was a need to call for more assistance from the international community. The UNHCR had given some assistance to refugees living outside the refugee camps, but the priority was those in the camps.
Regarding the issue raised by the representative of Spain, she said it was not just the security of the humanitarian workers that was at issue, but also that of the people they were there to help. It was important to provide adequate training for the workers. It was also important to implement the Convention on the Safety of United Nations and Associated Personnel. Perhaps the General Assembly could have an agenda item on the protection of humanitarian workers, which was an area of growing concern. This year, the casualties of civilian humanitarian workers had been greater than the military peacekeepers.
The representative of Senegal said the Secretary-General had proposed the setting up of an arrangement where countries of asylum could ensure neutrality in refugee camps. Had anything been done about that proposal? On the funding of UNHCR activities, he asked whether there was any strategy to seek additional resources.
The representative of Ireland said mechanisms for international involvement in Kosovo could act as a model framework. The High Commissioner had referred to the need of the UNHCR to maintain a role that was distinct from the verifiers. Did she feel reassured that the UNHCR would be able to coordinate efforts to protect the refugees adequately. Could she identify model frameworks for coordination with the UNHCR and other organizations in the field?
The representative of Turkey referred to the dangerous trend of infiltration of refugee camps by military elements. Had the UNHCR developed a code of conduct that could be applied when it was discerned that military elements had infiltrated refugee camps?
The representative of Sweden asked about the reform initiative to strengthen overall United Nations response to humanitarian situations. What was the High Commissioner's assessment of the new and reinforced structure, and could it be further improved?
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Mrs. OGATA said she would answer the questions by the representatives of Senegal and Turkey together. They had essentially asked how the civilian character and neutrality of refugee camps could be maintained. Her Office had worked closely with the Department of Peacekeeping Operations to find ways of dealing with the issue. Maintaining the security of refugee camps was in the first place, the responsibility of host governments. However, they were sometimes in a position where they did not have capacity to do so.
There were several possibilities in addressing that problem, she said. The first soft option was to help the host government to maintain law and order. Assistance had been extended to countries hosting large numbers of refugees, such as the United Republic of Tanzania and Kenya, in the form of training and equipping the police, for example. A medium-range solution was to look at regional peacekeeping capacities to see if local regional organizations could help to remove armed elements. That option was being considered. Finally, the Security Council was also looking at the possibility of deploying rapid intervention forces.
To the question by the representative of Ireland about mechanisms for international mobilization, she said that the point she had been trying to get across in her statement was that in Kosovo, the humanitarian agencies had been there for some time, but with the intensification of the conflict, there was a need to bring security back to the country. The UNHCR could not provide security. Security had to be provided, and the withdrawal of forces had to be verified. That was part of a political agreement. The solution may not provide miracles, but at least people had started to go home. It was an encouraging first step. Humanitarian workers were still the majority of international workers there, and they helped the people directly. The verifiers, who were civilians, would provide an overall security umbrella. That was important for both the humanitarian workers and for the people. It was an interesting solution.
To the question on how the High Commissioner for Refugees was working with the human rights offices, she said the two arms worked very closely with one another. As well as being located together in Geneva, the areas of their work complemented each other. Violations of human rights were often the cause of refugee outflows.
Responding to the representative of Sweden, she said reform had certainly brought the humanitarian community and the various agencies together. They all coordinated and cooperated very closely. Interesting meetings had been held with other agencies about further coordination and cooperation.
Statements
RENATO MARTINO, Observer for the Holy See, said the problem of displacement had seen significant changes and had assumed complex and
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unparalleled proportions in the last two decades. The problem of refugees and internally displaced persons could not be resolved by providing humanitarian assistance alone. The problem itself and its lasting solution should be approached from deeper human and moral perspectives. Humanitarian aid, however crucial, should be seen as a temporary emergency provision. The international community could not be satisfied with providing humanitarian aid while lacking the necessary political will to solve the problem.
Most of today's refugees and displaced persons came from developing countries and a considerable majority from Africa, he said. Most of them were bearing the scars of poverty long before becoming refugees or displaced persons. More than 12 million children were on the move without the possibility of living a life worthy of children nor having the ability to prepare for their future. Opportunities for education or vocational training became rarities for them. Since the question of refugees was a human issue, it also had serious moral implications, for behind every conflict, there was a long story of continued and systematic violation of the fundamental human rights.
The international community itself had difficulties finding the resources to procure the much-needed humanitarian aid to keep the millions of uprooted people alive, he said. But none of those conflict fields lacked weapons. In supplying arms to warmongers and power-brokers, some countries had turned out to be extraordinarily generous. The illegal and exaggerated sale of weapons to impoverished people, from whichever source or under whatever disguise they may come, was morally wrong.
ERNST SUCHARIPA (Austria), speaking on behalf of the European Union and associated States, said the large-scale human displacements as a consequence of violent conflict, gross violations of human rights and humanitarian law and other forms of persecution against the civilian population continued to occur in many places, including Kosovo, West Africa and the Great Lakes region. Many in the international community had agreed that refugee problems needed to be addressed in a comprehensive manner, involving countries of origin, countries of asylum and other affected countries and encompassing all phases of displacement. While it was obvious and generally recognized that international solidarity and burden-sharing was needed, the European Union wished to emphasize that the primary responsibility for protection of refugees lay with host countries. Therefore, international solidarity and burden-sharing could not and must not be a prerequisite for respecting the fundamental principle of non-refoulement.
Most of all, States must address the root causes of displacement, he said. The respect for human rights, notably of minorities, and of good governance based on democratic inclusiveness, were crucial in preventing refugee outflows. The same was true for the search for and implementation of durable solutions after displacements had occurred. States had a primary responsibility to prevent involuntary displacements and to create conditions
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conducive to the voluntary repatriation of their own citizens in safety and dignity. Stress should be given to the right of all persons to return to their countries and the obligation of States to receive back their own nationals and to facilitate their return and reintegration.
The European Union was committed to the institution of asylum, which provided a structured framework for the protection and assistance to persons in need of international protection, he said. It was distressed at the widespread violations of the principle of non-refoulement and at the often tragic humanitarian consequences of refoulement in all its forms. Composite flows posed particular challenges for refugee protection, which could seriously undermine the current refugee system. Refugees fled for their lives or liberty alongside those leaving poverty and striving for betterment, and complicated the task of ensuring international protection to those who needed it. Of paramount importance should be the differentiation between refugees and those deemed not in need of international protection. Fair and efficient procedures were needed to ensure that those who were compelled to leave their country owing to a well-founded fear of being persecuted for reason of race, religion, nationality, membership of a particular social group or political opinion received adequate protection and did not fall victim to restrictive asylum policies and procedures.
In post-conflict situations, it was of utmost urgency to create a climate of lasting peace, security and reconciliation, to develop acceptable living and working conditions, to expedite reconstruction and development efforts in the economic, social and legal fields, he said. Those could help to rebuild a civil society in order to enable refugees and other displaced people to return as early as possible. States and all relevant political, humanitarian and development actors and initiatives needed to develop and implement comprehensive strategies to address the multifold needs of populations in post-conflict situations, including those of returnees.
The European Union had collectively been the largest donor to the UNHCR, he said. In 1997, the 15 Member States and the European Commission had together contributed $333 million to the UNHCR. That represented some 42 per cent of the funds the organization received from government sources. It thus encouraged the UNHCR to actively pursue the broadening of its donor base. Further, in an era of growing needs and diminishing resources, it was of utmost importance that available funds were used in the most effective manner. In that connection, the planned review of the capacity and methods in the field of evaluations of UNHCR activities, as announced at the forty-ninth session of the Executive Committee, was most welcomed. The European Union also welcomed UNHCR's efforts to further improve accountability and to remedy deficiencies and shortcomings, as well as its efforts to reform its budget towards a more unified structure, to enhance transparency, accountability, flexibility and programme efficiency.
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JULIA TAFT (United States) said there were new refugee situations in Sierra Leone, Kosovo and the Democratic Republic of the Congo this year. The UNHCR had to contend with the continuing erosion of refugee protection in many parts of the world. Her Government emphasized that countries should contribute to international solidarity in many different ways. It was much more than just the handful of nations which contributed the bulk of cash to the UNHCR. Refugee-hosting countries, particularly those in the developing world, who shared their land, their resources and their lives with neighbours in desperate need of protection and assistance, deserved the praise and acknowledgment of everyone. Their contribution was perhaps the greatest of all.
But responsibility sharing meant much more than sharing the financial costs of assisting and repatriating refugees, and even hosting them, she said. It meant sharing the responsibility for political solutions to the conflicts and human rights abuses that created outflows of refugees. No country, rich or poor, had an excuse for failing to shoulder its fair share of those political responsibilities.
Proceeding to cite her Government's priority areas, she said one of the most important lessons for the UNHCR and for concerned governments was the need to ensure and protect the civilian character of refugee camps by locating them away from borders, disarming armed elements and separating military from the general population, and by deploying professional military or police units to perform the security function, she said. The United States strongly endorsed those measures.
Also, she went on, her Government was distressed to see the disparate "standards" of protection between different refugee populations. That was unacceptable. All refugees should be treated with international human rights standards. It was essential to keep women and children at the centre of protection and assistance planning and programming. Her Government was greatly concerned about the continued captivity of Vincent Cochetel and others and appealed to all State and non-State actors to comply with both the letter and spirit of international humanitarian law. The United States would continue to support the UNHCR financially and expected to make initial contributions to the General Programme and key Special Programmes in early 1999.
CARLOS DOS SANTOS (Mozambique), speaking on behalf of the Southern Africa Development Community (SADC), said the problem of refugees continued to be of great concern for many countries, especially for African countries. In 1996 alone, 14 of the 53 African countries had been affected by armed conflicts. That had resulted in more than 8 million refugees, returnees and displaced persons. Much had been done to help refugees and displaced persons, but the international community had failed to avert situations which led to new refugee outflows. The international community could not wait until conflicts reached uncontrollable proportions like that in Rwanda, and Bosnia
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and Herzegovina. The SADC reiterated its commitment to preventive diplomacy as a way to avoid conflicts and the resultant large numbers of refugees.
There had been widespread concern about the need to ensure the purely civilian character of refugee camps and to exclude persons who did not qualify for refugee status, he said. The SADC was equally concerned about that because it was detrimental to the establishment of good relationships between host countries and countries of origin. However, most countries of asylum did not have the capacity to undertake a separation exercise. In that connection, the SADC called on the international community to assist asylum countries to build their capacity to undertake that exercise. The SADC Council urged Member States to adopt measures to harmonize and unify procedures and criteria for the protection and provision of social support to refugees. Following the approval of the SADC Council of Ministers to conduct consultations, working groups had been formed representing Angola, Malawi, Mozambique, Namibia, South Africa, Swaziland, United Republic of Tanzania, Zambia and Zimbabwe. That working group would make proposals on how to address the problem of refugees, returnees, displaced persons, and undocumented migration in southern Africa.
While welcoming the increase in voluntary repatriation of refugees from several countries, SADC remained concerned at the eruption of new conflicts in the region that had precipitated new refugee outflows. In that regard, the SADC would emphasize the need for the UNHCR, the countries involved and the international community to work in close consultation and coordination to ensure that the repatriation of refugees would not create new problems where they would be settled. Based on the memorandum of understanding between the SADC and the UNHCR in 1996, the secretariats of the two had been working together to find durable solutions for the urban refugees in southern Africa. The UNHCR had been supporting vocational training and business loans or microcredits for the urban refugees in the region.
Refugee problems, by their nature, required cooperation among various partners, he continued. The SADC noted with satisfaction the new trend of cooperation between the UNHCR and the World Bank, African Development Bank, World Food Programme (WFP), and the United Nations Development Programme (UNDP). The SADC was confident that such cooperation would go a long way towards identifying means of dealing with the refugees in Africa with a view to addressing the underlying root causes of the problem.
OLE PETER KOLBY (Norway) said the situation in Kosovo province, with hundreds of thousands of innocent civilians displaced, remained one of grave concern. The signing of the agreement in Belgrade last month had led to optimism and hope for a peaceful development. Nevertheless, the humanitarian concerns remained serious. People should be protected, and international efforts should support the UNHCR in that crucial task. The humanitarian actors alone could not assume the responsibility for a political crisis with humanitarian consequences. On the operational side, Norway supported the role given to the UNHCR as the lead agency for humanitarian efforts. The presence
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of other United Nations agencies, the International Committee of the Red Cross (ICRC) and NGO partners in the field were also important. Norway had initiated contacts with the UNHCR to ensure a maximum degree of cooperation in the coming year. That cooperation would be of great importance in Kosovo and the Balkans, as well as in the trans-caucasian and countries of the Commonwealth of Independent States.
The continued trend towards decline in protection of refugees was of concern, however, he said. That trend had been particularly pronounced in the Great Lakes region. His Government sought firm commitment to the implementation of the international principles of protection of refugees from the countries in the region. Strengthening the role of the Organization of African Unity (OAU) in ensuring that States respected those vital principles was welcome. The Kampala meeting, arranged by the OAU and the UNHCR, had likewise brought valuable progress.
The preferred solutions for refugees was voluntary repatriation or local integration, he continued. States had a responsibility not only to receive their nationals, but also to create conditions conducive to voluntary repatriation. In order to make repatriation sustainable and prevent further displacement there was a need for enhanced coordination and cooperation of efforts for reintegration between the countries in question, the UNHCR and the development and human rights partners.
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