EU Presidency Statement - Report of the UN High Comissioner for Refugees

Mr. President,

I Have the honour to speak on behalf of the European Union. The acceding Countries - Cyprus, Czech Republic, Estonia, Hungary, Malta, Latvia, Lithuania, Poland, Slovakia and Slovenia, the Associated Countries Bulgaria, Romania and Turkey, and the EFTA Country Iceland, member of the European Economic Area, align themselves with this statement.

We wish to thank the High Commissioner for the extensive reports on the work carried out by his office in 2002 and on strengthening the capacity of his office to perform its mandate. We also wish to thank him for finding the time to be present in New York during the consideration of this important agenda item. This gives us the opportunity to personally congratulate Mr. Lubbers on his re-appointment as United Nations High Commissioner for Refugees. We are confident that UNHCR, under its present, dynamic leadership and, thanks to the efforts of its staff, will continue to promote the rights of refugees, in response to the needs of our times.

We would like to express our appreciation for the commitment demonstrated by UNHCR, often carried out in difficult and sometimes dangerous circumstances, to protecting and assisting refugees and other persons of concern all over the world.

Mr. President, refugees represent one of the most pressing issues that the international community is facing nowadays. In this regard, 2002 has been a year full of challenges and commitments for UNHCR. The assisted return of refugees has continued to Afghanistan, in one of the vastest repatriation operations of the last 30 years. We also would like to mention the initiatives carried out in Africa on behalf of refugees returning to Angola, Sierra Leone, and Burundi. There have been positive developments in Asia as well, in Sri Lanka and East-Timor. This year UNHCR also played a pivotal role in the contingency and preparedness efforts in Iraq. On the other hand, during 2002 insecurity and violence generated by inter-State conflicts have been particularly acute in West Africa, the Great Lakes region, Colombia, and the Northern Caucasus. New refugees outflows have been therefore reported.

Moreover, new challenges have been brought by the present international situation. We agree with the analysis of the High Commissioner, which stresses the impact on international protection of a series of phenomena that characterize our times: the close link between asylum and migration manifested by mixed and secondary flows, the exodus of populations in the event of internal and international conflicts, the heightened security concerns of States facing the terrorist threat, and the persistent problems of poverty and underdevelopment in the world.

In a globalized world, the international community must respond adequately to the challenges of our times. In this context, the Agenda for Protection adopted last year and the Convention Plus initiative are both useful initiatives, among others, which can serve to strengthen the efforts of States to ensure protection and provide durable solutions, as well as UNHCR's ability to fulfill its mandate. In this perspective, the EU encourages further discussion on their interrelation and implementation.

The goals put forward in the Agenda for Protection should guide the international community in its action with regard to asylum and protection. The EU highly appreciates the sizeable number of activities already carried out by UNHCR and the ongoing efforts to implement the Agenda. At the recent session of the Executive Committee, a first set of Conclusions deriving from the Agenda have been endorsed and represent a further step in this direction. Of particular relevance is the conclusion on protection from sexual abuse and exploitation meant to increase protection of refugees, asylum seekers and other persons of concern for UNHCR, a question which remains high on our agenda. In this regard the EU also welcomes the recent launch by UNHCR of Guidelines on preventing and responding to Sexual and Gender-based Violence and the implementation of a code of conduct for its staff which has already been signed by the majority of staff.

The European Union participated with interest in the first session of the Forum held on 27 June and took note of the intention to develop in that framework specific proposals, defined as Convention Plus, aimed at finding durable solutions for refugees, within a perspective of burden and responsibility sharing on the part of the entire international community and of enhancing the overall functioning of the global asylum system. We welcome the efforts of the High Commissioner to ensure that more is done in this respect, since we believe that both refugees` protection and the search for durable solutions are at the core of UNHCR's mandate. Convention Plus initiatives may lead, according to the High Commissioner's view, to the conclusion of special multilateral agreements among interested parties, in cooperation with UNHCR.

We support in particular the emphasis on transitional needs in post-conflict and protracted refugee situations. We have taken note of the framework for durable solutions developed by UNHCR, based on three different and complementary tools, namely the 4 R's (Repatriation, Reintegration, Rehabilitation and Reconstruction), DAR (Development Assistance for Refugees) and DLI (Development through Local Integration). This framework for promoting self-reliance of refugees and returnees and supporting the economies of the communities in which they are living requires the full involvement of other actors, including Governments and development agencies. The EU will follow with attention this process.

The High Commissioner has informed at the recent session of the Executive Committee of new initiatives which will soon be launched in the framework of the Forum, namely on the targeting of development programmes to assist refugees and hosting countries, the tackling of the issue of secondary flows and the strategic use of resettlement. The EU welcomes these proposals and will continue to examine with attention the developments of the Convention Plus initiative; in particular, we would like to remind that, at the European level, consideration is being given to the role of resettlement.

A comprehensive approach to refugee situations is also currently examined within the EU. The Thessaloniki European Council, last June, has invited the Commission to explore all parameters in order to ensure more orderly and managed entry in the EU of persons in need of international protection, and to examine ways and means to enhance the protection capacity of regions of origin, with a view to presenting to the Council, before June 2004, a comprehensive report, suggesting measures to be taken, including legal implications. The European Union is looking forward to a close cooperation with UNHCR on this issue.

EU Member-States followed with interest the consultations on UNHCR 2004 working paper and proposals, actively contributing to the debate during the year. Such an in-depth examination has led to a Conclusion adopted by the Executive Committee on this issue, which endorses some of the proposals made by the High Commissioner on strengthening the capacity of his office to carry out its mandate. They relate, inter alia, to actions to be taken in different areas, some of which require a decision by the General Assembly. The actions to be taken are: the removal of the time limitation of the mandate; targeting of development assistance to facilitate durable solutions; strengthening the governance of the Office; streamlining its reporting; improving its linkages with peace and security, development and humanitarian pillars as well as human rights bodies; fostering partnerships; diversifying, broadening and strengthening UNHCR`s funding. We are confident that further consultations in the next days will lead to a positive conclusion of this important process and we thank the High Commissioner for his efforts to review the functioning of UNHCR.

Mr. President, the European Union is building an area of freedom, security and justice. The Amsterdam treaty and the Tampere European Council (October 1999) established a clear policy framework for the creation of a Common European Asylum System, based on the full and inclusive application of the Geneva Convention of 1951. During the Italian Presidency, we will be striving towards finalizing two important Directives, which will complete the first stage of minimum norms on asylum and international protection. In this context, we are considering, with due attention, the suggestions and observations of the High Commissioner on the legal texts under preparation.

I would also like to briefly address the asylum and migration nexus, which is of particular importance to the EU. Asylum and migration are distinct and should be treated within appropriate fora. We deem it necessary to maintain this distinction, in order to avoid any abuse of asylum for migratory purposes. In this perspective, we share UNHCR's concerns and agree with its efforts to establish rapid and efficient status determination mechanisms aimed at identifying persons genuinely in need of international protection while detecting unfounded applications lodged by economic migrants.

Mr. President, the budget presented to us by the High Commissioner is, as we are all aware, based more on the level of resources he expects to be able to raise, rather than a reflection of the assessed protection and assistance needs of refugees. Despite this, underfunding of the budget has, sadly, become routine. At the same time, we look forward to UNHCR increasingly presenting an accurate picture of the costs of meeting the basic humanitarian needs (a needs-based budget).

The extent of the financial support of the individual Member-States of the EU for the work of UNHCR is well known. In addition, the European Commission is providing substantial funds to UNHCR. This brings the European Union as a whole to become the largest contributor to UNHCR. We acknowledge that the funding of UNHCR should be adequate, predictable and sustainable. In this respect, EU Member-States are aware of the need to secure the funding of UNHCR's budget and are willing to engage in continued discussions on how to achieve this goal. Meanwhile, we encourage UNHCR to continuously look for efficiency in its use of resources. We have taken note with concern of the many observations made both by the ACABQ and the Board of Auditors, and we strongly encourage UNHCR to continue to give them the appropriate follow up. We welcome the fact that the UNHCR has responded to the recommendations, although some have yet to be implemented.

We support UNHCR's efforts to attract additional resources, including complementary funding, also from the private sector. We also support the principle that a greater proportion of funding for the UNHCR Office be provided through the UN regular budget.

Finally, Mr. President, we believe that it is essential to establish clear priorities of intervention and that UNHCR should continue to develop strategic partnerships with Governments, humanitarian and development agencies and NGO's.

Thank you.

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• EU Presidency Statement - Sexual Exploitation of Refugees (4/3/2003)