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Workshop on Forced Migration including Refugees, Externally and Internally Displaced Persons in the SADC Region, October 2003
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1. DAY ONE
Opening Session
(Facilitated by Mr. Arnold Chitambo, SADC Secretariat)
The Workshop was opened by Mr. Hans-Petter Boe, IOM Regional Representative, the Hon. Lt. Gen. Ronnie Shikapwesha, M.P, Minister of Home Affairs of Zambia, Mr Ahmed Gubartalla, UNHCR Regional Representative and Mr Vincent Williams, SAMP Coordinator.
Mr. Hans-Petter Boe, IOM Regional Representative, informed that the MIDSA process is one which continues to grow and attract interest from Governments and civil society at large in the region. As such it mirrored similar migration dialogue processes in other parts of the world, including East and West Africa, the Mediterranean, the Americas and Asia, -in which IOM has also gladly lent a hand. He said it was gratifying that SADC, AU and NEPAD agendas increasingly feature migration issues. The idea of this workshop was to try and encompass just about all kinds of issues related to non-voluntary migration, of which there was far too much on the Continent, through impartial deliberations that would hopefully leave politics aside and focus on a productive search for collaboration on practical solutions that can benefit all concerned. Lastly, Mr. Boe thanked the Government of Zambia for its willingness to host the workshop and for its generous humanitarian traditions in support of refugees and displaced persons.
The Hon. Lt. Gen. Ronnie Shikapwesha, M.P., Minister of Home Affairs of Zambia, welcomed all the participants and organizers. The workshop was organized under the regional framework of the Migration Dialogue for Southern Africa (MIDSA) to address the important issues of forced migration, including refugees, internally and externally displaced people in the SADC. He particularly mentioned that the Southern Africa Region has experienced forced migration trends largely due to armed conflict and fear of violence, as well as threats to human rights and persecution. He commended the on-going peace initiatives in Angola and the DRC and that the signing of Tripartite Agreements between the concerned countries have given way to fruitful operations that are presently supporting the organized repatriation of refugees to their countries of origin. At the same time, he commended the initiatives undertaken by Government of the Republic of Rwanda aimed at securing a conducive environment for the initial return of a small number of Rwandan refugees. He stressed the need for all participants to continue cooperating and coordinating with regards to confronting the common challenges faced by all concerned with regard to forced migration, especially in the case of harmonizing procedures and legislation that would not only support the SADC region, but also help the entire African continent. He stressed the need for countries in the region to continue to work together in ensuring the creation of sustainable reintegration opportunities for the returning populations, be it refugees or IDPs. He noted that the full representation of all the SADC countries at the workshop, as well as Madagascar, reflected a common desire for cooperation and harmonization of procedures and policies in the resolution of common goals.
Mr. Williams, Southern African Migration Project (SAMP), welcomed the participants on behalf of SAMP. He reiterated that one of the main purposes of MIDSA was for governments to engage in dialogue with each other about how best to develop migration-related policies and management systems. Mr. Williams spoke of the responsibilities that governments have to ensure that refugees and internally displaced persons are granted protection. He emphasised that in the context of the SADC region, ways and means had to found to share the responsibility of providing protection between the various member states to ensure that the costs (financial and otherwise) was not just borne by a few countries. Mr. Williams wished the participants a fruitful and productive workshop.
Mr. Ahmed Gubartalla thanked IOM for inviting UNHCR to the workshop and stressed the effective partnership that has existed for many years with the Government of Zambia, IOM and many NGOs and agencies represented in the room. He stressed that whilst UNHCR's mandate was limited to protection of refugees and asylum seekers, he recognized that non-refugee migrants have a great impact on the protection of refugees. He emphasized the importance of strengthening partnerships and for the need to continue to look for innovative ways of addressing various issues related to forced migration, as well as the need for a coherent, consistent and integrated regional approach that would underline the harmonization of policies and efforts between the countries in the region. To this effect, the Gaborone process one and two in 2001 and 2003 were a reflection of this. He mentioned that with the ongoing repatriation exercises several challenges and lessons learnt presented themselves to the Governments of Zambia and Angola, as well as UNHCR, WFP, IOM and other partners involved in the process of orderly repatriation and that the successful return of some 17,000 refugees since July was a reflection of the successful efforts of cooperation and coordination. He also stated that whilst fewer Rwandan refugees had repatriated, there was a growing interest and that UNHCR would continue to work with other partners to ensure a safe and orderly repatriation of those Rwandans to return home. He concluded by thanking IOM and wishing everyone successful and fruitful deliberations.
Workshop Objectives
Mr. Vincent Williams (Project Manager, SAMP) and Mr. Pдr Liljert (Chief of Mission, IOM Lusaka) presented the objectives of the workshop, including a presentation of the workshop participants and facilitators. The purpose of the agenda was presented, as well as a brief discussion on the expectations of the workshop, follow-up on MIDSA activities and practical information.
Regional Overview of Recent Flows/Trends Relating to Refugees and Displaced Persons (Facilitated by Mr. Charles A. Kwenin, IOM)
International Principles and Key Refugee Movements and Challenges in Southern Africa
Mr. Aaron Parnez, Protection Officer UNHCR, provided an overview of international principles and instruments governing refugee protection with specific reference to refugee movements in Africa. He described how conflicts in various countries in the region have impacted on the ability of governments to provide adequate protection, given their limited capacity and resources. Mr. Parnez made the point that most refugees in Southern Africa do not fall within the scope of the UN convention definition, but rather under that of the OAU Convention.
National Refugee Legislation Based on the OAU Convention - the Example of Zambia
Mrs Towa Chaiwila, the Legal Adviser to the Commissioner for Refugees in Zambia gave a brief overview of the development of Zambian refugee policy and legislation. She described Zambia's past and current involvement in the hosting of refugees from various countries in the continent, in terms of the OAU Convention as incorporated into Zambia's national legislation. She provided a description of the rights and obligations of refugees
She mentioned Zambia's reservations with regard to the right of refugees to choose their place of residence, the right to seek employment and education.
Mrs Chaiwila referred to the fact that moving refugees away from borders decreased concerns related to security when countries of origin are suspicious of subversive activities being conducted from the territory of the country granting asylum.
She noted that the OAU 1969 Convention does not make provision for repatriation and consideration should be given to reviewing and updating the Convention. She also mentioned that Zambian refugee legislation is currently in the process of being reviewed and updated.
Zambia had experienced the dilemma that upon signing the Tripartite Repatriation Agreement, a significant number of refugees moved to another country to avoid being repatriated. This emphasizes the need for regional consultations ahead of entering into such agreements.
Experience Gained from Repatriation Exercises in the Region
Presentation by Angola
Almost two years have passed since the signing of the peace agreement. Angola's war caused 4 million people (or one third of its population) to become internally displaced. There are also some 400,000 refugees in neighbouring countries. 3.3 million IDPs have already returned home and the repatriation of 170,000 refugees from Namibia, DRC and Zambia is underway. During 2004, 75,000 are expected to return home in an organized manner.
Other Angolans returns fall under the category of spontaneous refugees and number some 150,000.
Request that Botswana, DRC, RSA and Namibia support the return of Angolan refugees within the next year as the Government of Angola has limited resources to do the job alone.
Presentation by DRC
The DRC is facing a serious challenge with 3.5 million IDPs and 500,000 refugees in neighbouring countries. This is the result of a catastrophic civil war, which has included 6 foreign armies. Overall some 20 million people have been affected. The speaker discussed the need to assure orderly return of IDPs to their areas of origin, and of Congolese refugees back to the country. He added the challenge of returning non-nationals from the DRC noting the particular dilemmas posed by former combatants among them. He advocated that refugee return programmes should take place in partnership with international organisations as well as with the hosting country
He stressed that returns should be sustainable. The return process for both IDPs and refugees will therefore depend on right conditions being put in place with regard to reinsertion support. For example, security structures, administrative reception structures and active reintegration assistance programmes. Due to the complexities of the humanitarian operations, it was expressed that it will require a partnership between the DRC, neighbouring countries and the international community. This year the DRC passed a law which has put in place the judiciary mechanisms that go beyond existing conventions, promulgated for the legal status of refugees on DRC territory.
Presentation by Mozambique
After independence, many Mozambicans went to neighbouring countries due to the civil war. The 1992 Rome Agreement signalled the end of the conflict and resulted in the return of 1.7 million Mozambicans from various countries. Sensitisation campaigns were done inside Mozambique and in neighbouring countries, explaining the situation in Mozambique to encourage people to return.
There was a strong and direct participation of international agencies and NGOs throughout the entire process, including food distribution, family reunification, transport, de-mining, road rehabilitation, etc. Reintegration assistance was given equally to all vulnerable groups as part of harmonization policies. Good coordination was a primary reason for success, especially when it came to the Government of Mozambique ministries. Need to include the input of the actual local people and the refugees themselves in the discussion process as this leads to more credibility at the grassroots.
Integration of IDPs and Returning Refugees into Host Communities
Father Michael Gallagher, Country Director of Jesuit Refugee Service (JRS-Zambia) stated that assistance programmes needed to be people-centred and that things should be done to take into account their concerns form their camps. He stated that in the case of the Angolan refugees, the word "repatriation" was not clear as many were third generation refugees. To support reintegration considerable assistance will be required in terms of both cultural and linguistic re-education. He emphasized the need to ensure the establishment of the right conditions that assert stable reinsertion to avoid further negative migration over the next decade in the event of durable solutions not being found.
(Convening of 1st Working Group Session)
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