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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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2. DAY TWO
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Mr. Boe (IOM) opened the proceedings by expressing condemnation of the senseless attack against ICRC structures and staff in Baghdad the previous day, which resulted in staff being killed and injured. He called on governments everywhere to provide protection for humanitarian workers, as well as for safe humanitarian access, and to raise these points in appropriate gatherings. He expressed sympathies to the ICRC representatives in the room.
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IDPs, Relief, Return and Reintegration
Role and Humanitarian Activities of the International Committee of the Red Cross in the Region
Mr. Marco Jimenez (ICRC - Harare) gave an extensive introduction on the ICRC's activities in favour of Internally Displaced Persons. He explained that ICRC's mandate is to protect and assist victims of armed conflict. Further, the mission statement for ICRC is " to help all victims of war and internal violence, attempting to ensure implementation of humanitarian rules and restricting armed violence". Further he explained that ICRC works in situations of international armed conflicts, non- international armed conflict and internal disturbances. On international armed conflict he described "the right of action" and the fourth Geneva Convention. On the non-international armed conflict he emphasized on the "right of initiative". On internal disturbances he mentioned the internal laws and human rights provision. He explained that the laws that protect the IDPs include mainly national law and in case of armed conflict the International Human rights law is implemented provide they do not take part in hostilities, therefore protected as civilians. On ICRC's response to IDPs he mentioned it's dual purposes: namely, Providing protection to victims of armed conflicts and internal disturbances and for those in greater needs of immediate life saving assistance, usually covering those recently displaced and on need of immediate support to survive. He further explained on the ICRC's response to the needs of the IDPs in the region as well as preventive and operational activities in the region.
Role and Humanitarian Activities of OCHA in the Region
Mr. Andrew Timpson (UNOCHA - Harare) representing the UNOCHA addressed the roles and humanitarian activities of OCHA internationally as well as in the region. He explained the roles of the Office of the Coordination of Humanitarian Affairs (OCHA). He further explained the roles of the UN Special Representative of the Secretary General (SRSG) for Internally Displaced, whose office is based in the UN High Commissioner for Human Rights (UNHCHR). There is no agency in the UN-interagency system with a clear mandate for taking the lead on IDPs. However, many agencies have a mandate to assist and protect IDPs when such specialized assistance somehow fall under its traditional activities in similar contexts or situations. For agencies, IDPs are assisted according to criteria that fits in with mandates, for instance, civilian population in situations of armed conflict, food-insecure populations, or women and children, who are often more exposed to abuses in a context of generalized violence of gross violations of human rights. Under the heading IDP Policy, reference is made to documents, in which the respective agency defines its role with regard to IDPs within the context of general mandate. Further, precisely because of the many agencies acting on behalf of IDPs cooperation and collaboration is a crucial issue. On Zimbabwe, he explained is facing a serious IDP problem after the land reforms, which affects both the resettled farmers and ex-farm workers. He explained that most observers agree that there was a genuine need for land reform in Zimbabwe because of the skewed distribution of the most fertile farmland that has remained since the colonial days. However, previous attempts to undertake land distribution in an orderly manner were by the end of 1990s overtaken by political events and put on a "fast track" by the government without regard for the negative consequences in terms of national food security and the uprooting of the substantial farm worker population.
Principles Providing Protection and Assistance During Displacement, Return and Reintegration - Role and activities of IOM
Mr. Charles A. Kwenin (IOM) addressed the Principles of Providing Protection and Assistance during Displacement, Return and Reintegration. He defined the meaning of IDP. He explained the guiding Principles on Internal Displacement that seek to address the needs by spelling out the various norms relevant to providing protection and assistance in all phases of internal displacement as well as the lack of clarity and consensus on when an IDP ceases to be an IDP creates problems for compiling reliable and agreed statistics hence controversies on the IDP figures. He further addressed on the forcibly displaced persons who remain within their country of origin, the Guiding Principles in effect envisages three possible solutions to their situation of internal displacement: Return to their homes or places of habitual residence, integration where they currently reside or Resettlement in another part of the country. He explained that return or resettlement is more than the actual act of returning or resettling but presumes the existence of sustainable conditions to support the durability of return and resettlement. He gave an overview of Forced Displacement in selected countries in the Greater Horn of Africa that included Uganda, Sudan, Kenya and Ethiopia.
Forced Migration: Trends, Routes, And Legislation (Facilitated by Mr. Jacob Mphepo, Commissioner for Refugees, Zambia)
African Refugee Journeys in Southern Africa
Dr. Loren Landau (Wits University) addressed the issue of African Refugee Journeys in Southern Africa. He explained that since transition to majority rule in 1994, South Africa has become the destination for tens of thousands of forced migrants from across the African continent. Demographic findings reveal significant differences between South Africa and forced migrants living in Johannesburg. Reflecting urbanization trends worldwide. He explained that the immigrants in their sample were considerably younger than the host population, with only 5% above the age of 40 compared with 22% of South Africans. On travel experiences and motivation the data also challenged the prevailing beliefs about urban migrant's routes to Johannesburg and their motivation for coming. He explained that refugee and migrant advocates in South Africa frequent lament the treatment refugees receive at the hands of the police and the Department of Home Affairs (DHA), the department responsible for immigration and refugees. On livelihood obstacles and achievements he explained that the de facto restrictions on forced migrants' opportunities to pursue livelihoods- including prohibitions on work, lack of identity documents or papers demonstrating professional qualifications, and discriminatory hiring practices-it's surprising that an almost equal number of South Africans and migrants report being unemployed: 42% and 39% respectively. On policy options and directions for future research he explained that the presence of refugees and asylum seekers is a contemporary reality but South Africans will only benefit from their resources if the country's leaders and urban communities welcome them.
Community Views on Refugees, Repatriation And Migration: Some Findings From Zambia
Dr. Oliver Bakewell (INTRAC) addressed the issue of Community Views of Refugees, Repatriation and Migration based on his research in north-western province of Zambia. He described that refugees were welcomed into the villages by the headmen and had not gone through the necessary asylum procedures. Over time they become completely integrated making the distinction between Zambians and Angolan refugees virtually impossible. He said that the Zambians in these villages saw the Angolan refugees has having positive impact on the community and have expressed concern about the possible negative consequence of repatriation.
Status of Regional Legislation And Actions Needed
Mr. Vincent Williams (SAMP) noted briefly that all governments in the region have accepted the right of individuals and groups to seek asylum when threatened and also the obligation and responsibility of governments to provide protection when required to do so. He pointed out however that there were significant variations in government approaches to providing protection and tabled some of these issues that were then further discussed in the working groups.
Mr. Joseph Chilengi (Regional IDP Program) recognized that some progress in terms of the IDP situation has been made, particularly at the national and community levels. He further welcomed that some governments are gradually appreciating formulation and application of UN Guiding Principles of Internal Displacement. However, further policy and institutional frameworks on internal displacement is needed. In terms of problems and gaps in addressing issues of internal displacement he said that most governments lack policy, legal and institutional frameworks on IDPs. The Regional IDP Program is an indigenous organisation with a regional dimension and is a voluntary membership based organisation comprising citizens who are directly or indirectly affected by the effects of internal displacement.
(Convening of the 2nd Working Group Session)
Group Discussions - Conclusions and Recommendations
Following the identification of the key challenges and issues facing governments in the SADC region regarding refugee and IDP-related protection principles and relief mechanisms:
What specific proposals and recommendations would you put forward as possible (processes towards) solutions to be considered by the participants in this workshop?
During the group discussions the participants identified the key challenges as follows:
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There is a need for refugee laws to be harmonized within SADC and to be reviewed to ensure that all aspects of refugee protection are included (for example gender based violence);
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The protection standards applied and treatment of refugees varies significantly between countries and there is a need to develop common standards based on best practices rather than the lowest common denominator;
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There is a need for better data collection and information sharing regarding refugees and IDPs within and between states in the Region;
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That with the exception of Angola, there are no legal instruments, policies and mechanisms that facilitate the response of governments to IDP situations, at both national and regional (SADC) levels;
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Individual governments have insufficient human and financial resources to adequately implement guidelines or directives, i.e. to provide statutory protection to refugees, and therefore there is a need for governments in the region to share this responsibility in solidarity, as well as regional and international organisations to assist;
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That there is a lack of contingency plans at national and regional levels to prepare for, as well as to respond to refugee and IDP movements as and when they happen;
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There is a need for greater political will in the development and implementation of regional standards, policies and institutions related to refugee protection;
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There is a need for a forum for SADC governments to discuss and resolve regional issues of forced migration - including ways to mitigate population destabilization.
Based on the above challenges participants put forward the following proposals and recommendations:
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To establish a regular forum/meeting of Refugee Commissioners and Legal Advisors to work towards the harmonization of laws and policies, the integration of IDP guidelines into national legislation and as a consultative mechanism to develop protection standards based on best practices. The MIDSA partners and UNHCR will consult with governments on how to achieve the establishment of such a forum.
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To create a regional mechanism to review international instruments, including the 1969 OAU Convention, and to work towards the development of a SADC protocol/refugee charter and to monitor the implementation of refugee laws and policies;
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The development of a regional database on refugees and IDPs to aid in planning as well as to serve immigration processing;
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To advocate for and work with international organizations, UN-agencies and donors in the development of a regional programme to share responsibility for refugee protection, and in the context of prolonged refugee stays to develop programs aimed at mitigating the potential negative impact on local refugee hosting areas;
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To involve local government structures and other local actors in the protection of refugees and other displaced persons;
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For governments to work with MIDSA partners, UNHCR and other agencies to provide training and capacity building programs for state and non-state actors;
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That SADC states supported by international organizations consider establishing a core Comprehensive Plan of Action (CPA) to assist countries in urgent need, to mitigate possibilities of displacement spilling across borders. Concretely, such plans would consist in direct relief, help for medium term recovery, support to the internally displaced, de-mining and organised return of externally displaced persons including refugees. Such plans could already now be discussed.
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That SADC States consider other broadly accepted 'non-refugee' solutions in case of a forced migration crisis, such as the 'temporary protection' regime, or 'right to remain on humanitarian grounds'. Such non-refugee solutions may include permanent residence but will be subject to the immigration laws of individual countries.
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That repatriation exercises be approached in a consistent manner throughout the region to prevent refugees moving from one country to another to avoid repatriation.
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Work to reduce push factors of displacement, hereunder support conflict resolution, development/prosperity, respect for human right and for the rule of law.
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