UNHCR Annual NGO Briefings, Geneva, June 2017
Three FAWCO UN Reps attended the UNHCR annual NGO Briefings in Geneva in June: Jane Politi, Vice Chair of the NGO Committee on Migration (NGO CoM), Madaline Keros and Tara Scott. They were accompanied by members of the NGO CoM who presented a position paper on poverty among refugee children.
In the photo are Tara Scott, Jane Politi, Madaline Keros and Mia Pia of the NGO CoM.
Here is Tara Scott's report on the NGO Briefings.
Fear prevents people from seeing the world with clarity and has a negative impact on the way a person perceives a situation. Some people around the world fear refugees will change their lives in some unforeseen, intangible manner while tired, hungry, frightened refugees fear not being able to keep family members safe, where the next meal will come from, attaining necessary healthcare and so on. Refugees need to be seen as extended family members in need of aid.
The UNHCR Annual NGO Briefings focused on improving assistance provided to refugees. The speakers were from all walks of life: human rights lawyers, members of refugee commissions, former refugees, and the High Commissioner for Refugees Filippo Grandi. At this conference, I attended the Annual Strategic Litigation Roundtable and eight sessions: Making the Global Compact Work for All Refugee Women and Girls, Operationalizing the Humanitarian-Development Nexus at the Country Level: What Will It Take?, Climate Change: Challenges and Opportunities in the Global Compacts, and the Closing Plenary Session Remarks by the High Commissioner.
The Annual Strategic Litigation Roundtable
The majority of the attendees were human rights lawyers, and while they came from places as different as Mexico and Australia, there was a strong sense of commonality as they took turns explaining how they are fighting for the rights of refugees.
Felipe Najera, a human rights lawyer in Mexico City, spoke of a case he worked on where Jose, a refugee, had been detained for 359 days. It is part of Mexico’s Immigration law that anyone whose entrance into Mexico was irregular must have detention. On average it is 15-60 days, but sadly detention, like Jose’s, can be much longer. Mr. Najera was able to get Jose released from detention, placed as custodian of the consulate, and awarded 10,000 pesos. Now the detention placement in Mexico must be looked at on a case by case basis. This is the first step towards a judicial precedent.
Janemary Ruhundura, a lawyer for Asylum Access in Tanzania, spoke of No-Man’s Land between Tanzania and Kenya. Ms. Ruhandura spoke of how Tanzanian authorities will use loopholes and their own political views when it comes to allowing individuals in. She spoke of a man who was rejected by Tanzania, sent to Kenya, and returned to Tanzania. This applicant did have Tanzanian documents which entitled him to access to territory and protection of the state.
Reut Michaeli, a lawyer for Hotline for Refugees and Migrants in Israel, said one of the difficulties lawyers have to deal with is the fact that Israel does not have a written constitution. In 2012, there was a law in Israel that stated that migrants from an enemy state would have indefinite detention. In 2013, a centre was opened for migrants/refugees, run by the prison authority. This was deemed as being wrong after being in place for a year. The limit on detention is now 12 months. Women and children are no longer placed in detention and facilities have been improved. Those staying in detention now have more rights, and are allowed more visits.
Ms. Saengduan Irving of Asylum Access Thailand explained that refugees are treated as illegal migrants in Thailand. A 13-year old Somalian boy sought refuge in Thailand out of fear of being forced to be a child soldier. He received refugee status through UNHCR, but was arrested at the age of 16 for being an illegal alien in Thailand. His case took ten months to process and the outcome resulted in him being sent to a third country for settlement.
Andrea Menaz, Centre for Civil and Political Rights (Geneva), checks human rights treaties to ensure that they acknowledge the rights of refugees. She said that asylum seekers need help to stay in the country and not be deported before a decision on their case has been decided.
Iliana Sanora of the Bulgarian Helsinki Committee spoke of how it can be difficult to persuade refugees to defend their rights in Bulgarian courts. Bulgaria is the gateway of the Western Balkan Route, and the EU expects it to control migration. Bulgaria sends away many asylum seekers. Many asylum seekers are afraid to go to the Bulgarian courts to defend their rights. They fear retribution, and they are afraid it will impede their route to another destination such as the UK, France, or Germany. The Dublin Law is an EU law stating that refugees must seek asylum in the EU country of entry. If they do not, the EU country they go to for refuge can return them to the port of entry. Law firms are fighting against this as many refugees described the harsh treatment they received in the Bulgarian detention centre. If they are returned to Hungary, there is a high chance of being returned to their country of origin despite its volatility. (Grout, Harriet, Guardian 12 March 2017)
David Manne of Refugee Legal (Australia) stated that Australia has sophisticated deterrents to prevent asylum seekers access to Australian territory. Many are exiled to an offshore island. The asylum seekers are prohibited from attaining citizenship in Australia. He said refugees lacked rights in Australia because of its constitutional fragility. The constitution has a scarcity of human rights detailed within it. International Law is not binding in Australia. All references of the Refugee Convention have been removed from law.
Making the Global Compact Work for All Refugee Women and Girls
The session Making the Global Compact Work for all Women and Girls was highly engaging and enlightening. Ms. Tenneh Kpaka, the panelist from the Australia National Committee on Refugee Women, was a refugee. Ms. Kpaka was a police officer in Sierra Leone, and she needed to leave immediately to save her life. She was able to make a quick exit through the assistance of an agency which made the arrangements. However, the necessary expedient departure meant that she needed to leave her children behind. Once she was safe, she was consumed by guilt for leaving her children. Ms. Kpaka after being sent to Guinea, was eventually settled in Australia, where she now works for its National Committee on Refugee Women. In 2003, Ms. Kpaka was reunited with her children in Australia.
Other panelists discussed how women and girl refugees are vulnerable. Women find themselves resorting to sex as a means of survival. Sometimes it is transactional sex for a fake passport or to attain money to purchase what is needed for necessities. Women refugees are susceptible to rape and other physical abuse. Because basic needs can be so limited for many refugees, more girls are being forced into marriages they do not want.
During this session, we were organized into small groups to address changes to improve refugee circumstances in the country where they are being registered. My group discussed registration and admission policies. Three members in my group had been refugees. Many felt that women and girls should have their interviews separate from the men they are traveling with, so they may feel more comfortable to freely speak their minds. Women and girls should be screened for level of vulnerability as some women and girls have been traumatized from abuse, rape, being trafficked, or they could be pregnant. Government officials need to be specially trained to be understanding and compassionate, and have the sensitivity to be able to discern if a woman or girl is particularly vulnerable. They should have guidance, since many of the refugee women are quite young, as well as appropriate housing and reproductive health care.
Climate Change: Challenges and Opportunities in the Global Compact
This session really brought the damaging manifestations of global warming to the forefront. I always knew that global warming was real, but to hear from those whose lives have been truly impacted by it left me bewildered as to why more was not being done to control it.
Rezaul Karim Chowdhury who represents Coast in Bangladesh described how much he and his fellow Bangladeshis have lost because of climate change. Half of the island he lives on off the coast of Bangladesh is now submerged because of the rising water level. He said that it is predicted that one third of Bangladesh will be submerged by 2050. Monsoons and tidal surges will cause 19 coastal districts to be submerged. These devastating consequences are the drivers of displacement; the number of people needing to migrate to a livable place will increase.
Neil Turner, Norwegian Refugee Council in Kenya, described how El Nino and El Nina have been the catalyst to many people becoming displaced in East Africa. Climate change in conjunction with El Nino has caused flooding in Kenya, while climate change and El Nina have caused droughts in Somalia. Many displaced Somalians have sought refuge in Kenya’s Dadaab refugee camp, the second largest refugee camp in the world with over 245,000 residents. The high numbers in the camp makes it more difficult to meet the needs of its residents. Food insecurity is a major issue at the camp. Mr. Turner stated that because of climate change there are now 3.2 million people in a food crisis. Climate change has resulted in 714,000 homes being abandoned. Over 80% of Internally Displaced People (IDPs) are women, children and the elderly, and 60% of these people face secondary displacement.
A woman in the audience spoke of her life in Niger. She said that Niger is experiencing more drought-like conditions. The wind and sand is doing much to damage their crops. Internally displaced people have stretched the food supply in the region to its limits. Also, internally displaced people have placed additional stress on natural resources in Niger such as timber to build homes. She stressed the importance of Niger receiving financial assistance, because it is struggling to keep up with the needs of everyone living there.
‘’Since 2009, an estimated one person every second has been displaced by a disaster, with an average of 22.5 million people displaced by climate or weather related events since 2008 (IDMC 2015). Disasters and slow onsets, such as droughts in Somalia in 2011 and 2012, floods in Pakistan between 2010 and 2012, and the earthquake in Nepal in 2015, can leave huge numbers of people traumatized without shelter, clean water and basic supplies.’’ UNHCR Report: Climate change, disasters and displacement
The Nansen Initiative, launched by Norway and Switzerland in 2012, states that there is a moral implication for developed countries to provide technical and financial assistance to climate vulnerable countries.
Operationalizing the Humanitarian-Development Nexus at the Country Level: What Will It Take?
The introduction to this session asserted the importance of fostering a different dialogue with governments to bring about constructive changes to the way assistance is provided to refugees. Local governments of host countries to refugees can feel left out when international organizations come in, so for best results it is important to make sure they feel included in the process of assisting refugees. It is imperative to have the support of local governments to put plans into action efficiently. “You can mobilize all resources, but if you do not have sound policies, the resources will not go very far.”
Refugees should not be seen as a detriment to a nation’s GDP. The influx of refugees should be seen as a humanitarian challenge for governments to rise up to by working with NGOs, teachers, refugees themselves, aid workers and other groups which can give input on how best to help the refugees.
We need to be looking at a whole society approach, with different groups working together to help refugees settle in their host country. The door needs to be opened so the refugees have access to land, jobs, education and healthcare and then they will be able to contribute to their host country. Milke Chege, Refugee Consortium of Kenya, said that the Colobe settlement has provided refugees with land, jobs and access to the development process. They are given sustenance and assistance in starting their own businesses. There has been a little conflict in the past, because residents felt that refugees were being given better treatment than they received.
It is important to incorporate feedback from refugees when implementing plans with good intentions. Funds were sent to Lebanon to run a double shift in its schools to accommodate refugee children. However this extra shift caused some families issues and they were worried about transportation risks to the schools.
The breakout group I joined was on refugees in Jordan. Two members of this group work directly with refugees in Jordan. One of them spoke of a three -year humanitarian plan in place in Jordan. He said Jordan has cumbersome procedures for NGOs to have projects approved. Currently there are 56 NGOs working in Jordan to alleviate the hardships faced by refugees. The level of co-ordination among the NGO groups here needs to be researched. Jordan has opened its labor market up to refugees, with certain caveats in place such as some jobs being for Jordanians only. The opening up of the labor market has not delivered the anticipated results. The uptake on seeking out jobs has not been as great as hoped. The reasons for this include people being afraid of losing benefits, and the process of accessing the labor market. Market analysis would be useful in finding jobs refugees could fill, such as being air conditioner repairmen. One job which is easier for many to access is having a shop. NGOs are looking at the internet as a way to help people set up their shops, but there is a problem with the internet itself and home businesses are really regulated.
Maria Pia Belloni Mignatti Ph.D, World Organisation for Early Childhood Education (OMEP), was the other individual in my group who works directly with refugees in Jordan. Her NGO focusses on establishing schools for the refugees within the camps. They have been supporting schools in host communities, but they are becoming overwhelmed. It would be easier for refugee children to attend school with the camps. The goal of her NGO is to create schools within the refugee camps and train refugees to be teachers at these schools. Funding for this endeavor has been an issue. The Education Minister of Jordan has asked OMEP to give 25 % of its budget over to his department. Some donors do not see the building of schools as a charity, so this hinders the amount they are able to raise.
Closing Plenary by Filippo Grande: United Nations High Commissioner for Refugees
Mr. Grande believes that we have a responsibility to welcome refugees into our nations and help them integrate into their host country. We need to be focused on long term solutions, such as looking at permanent housing for refugees. There needs to be a nexus of the private sector, NGOs, donors, refugees, and governments working together to provide the best assistance as possible to the refugees. Refugees do not want to see themselves as being vulnerable; they want to see themselves as key players in their own crisis.
