EU Presidency Statement - Refugees

Mr. Chairman,

I have the honor to speak on behalf of the European Union. The Central and Eastern European countries associated with the European Union Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia, and the other associated countries Cyprus and Malta and Iceland, EFTA country that is member of the European Economic Area, align themselves with this statement.

The European Union would begin by extending a warm welcome to the High Commissioner, Mr. Ruud Lubbers, who is participating in his first General Assembly since taking office. The European Union supports the efforts initiated by the High Commissioner and looks forward to an open dialogue on UNHCR's priorities. All States should also be alert to the High Commissioner's keen desire for an improvement in the response to the refugee situation and in the operation of UNHCR, with due allowance for budgetary concerns and constraints. We are watching with great interest the strategy underlying the three actions described by the High Commissioner, for we are convinced that these actions will produce the desired results.

In this context, the Member States of the European Union and the European Commission are continuing their dialogue with UNHCR on better, and more detailed, arrangements for UNHCR funding and on improving its response to needs on the ground. Talks are under way with UNHCR on adapting procedures to make its funding more stable and more predictable. 50th anniversary of the 1951 Convention

Mr. Chairman,

This year we celebrate the 50th anniversary of the 1951 Convention relating to the Status of Refugees. The European Union wishes to take this opportunity to reaffirm its commitment to that instrument as the basis for international protection of refugees. The European Union therefore calls on States, which have not yet done so to ratify the Convention, and the 1967 additional Protocol, with all speed. It also calls on those States, which have entered certain reservations, in particular regarding geographical limitations, to reconsider them, for the sake of universal application of the Convention, which is the cornerstone of any policy on the refugee situation. In the present circumstances, it is necessary to remind ourselves - and the High Commissioner did just that at the last meeting of the Executive Committee - that the 1951 Convention, if properly applied, does not offer terrorists a safe haven, for it excludes persons who pose a threat to national security or have committed particularly serious crimes.

International protection and global consultations

Mr. Chairman,

The European Union welcomes the fact that global consultations have been taking place since December 2000 on revitalizing the system of international protection and strengthening the implementation of the 1951 Convention. The continuation of an objective asylum system can only be ensured by a whole series of measures - including non-voluntary repatriation, on completion of a fair and efficient procedure, for those not in need of international protection - which must, however, have due regard for humane values. Some of the conclusions of the global consultations could ultimately be reflected in an "Agenda for Protection". The European Union is ready and willing to take part in drafting that Agenda.

The High Commissioner's report

In his excellent report the High Commissioner states that the total number of persons coming under the UNHCR mandate has fallen from 22,3 million in 1999 to 21,1 million in 2000. The European Union welcomes the fact that 800 000 refugees have been able to return to their countries of origin this year, thanks to UNHCR. It also believes that voluntary repatriation is the best sustainable solution, but it is clear that, if this is to be carried out, it must meet the requirements of safety and dignity. The European Union supports UNHCR's efforts to introduce a secure legal framework to protect the rights and interests of refugees returning to their countries of origin.

The European Union is particularly attentive to the situation of Afghan refugees. It thanks the countries providing asylum for their assistance to these refugees and hopes that they will continue their efforts. The Union is anxious to see an improvement in the situation, giving Afghan refugees the possibility of returning to their country in dignity and safety.

The European Union is pleased to learn that UNHCR is ensuring that its operational activities take account of the potential contribution of women refugees and complies with the general objective of gender equality. The EU is in favor of modernizing policy on women refugees. The Union is convinced that such efforts will help to improve the condition of women who come under UNHCR's mandate.

We also welcome the fact that child refugees, displaced or returnees are included in UNHCR's priorities. As they account for 45% of those within UNHCR's mandate, it is indeed essential that they receive special attention.

Given the scale of the needs of the most vulnerable refugees, such as women and children, the EU considers it vital that there be no reduction in the resources allocated to the programmes for these people.

In addition, the European Union welcomes the ever-closer cooperation developing with other UN agencies, funds and programmes on a coordinated, efficient response to crosscutting problems.

Displaced persons

Mr. Chairman,

The number of internally displaced persons is increasing dramatically and they now outnumber refugees by almost two to one. The figure is estimated at 25 million, in forty or so countries, half of them in Africa. But, while refugees enjoy a special status and international assistance, protecting and guaranteeing the rights of internally displaced persons is primarily the responsibility of the State concerned.

The scale and variety of the humanitarian needs of these people require coordinated action. The European Union welcomes the efforts being made by the United Nations, particularly the setting up of a unit within the Office for the Coordination of Humanitarian Affairs (OCHA), and endorses the criteria set by the High Commissioner for UNHCR activities and programmes for internally displaced persons. The European Union supports the Guiding Principles on Internal Displacement, the benchmark in these matters, and appeals for them to be generally applied.

Safety of personnel

Mr. Chairman,

The main difficulty facing humanitarian action is safety. Too often, humanitarian personnel (and in particular UNHCR staff) become targets. The events of the past few months are yet another sad reminder of that fact. The sickening murder of four UNHCR staff members in West Timor and Guinea last year and of another in the Democratic Republic of the Congo in March this year are unacceptable acts of the utmost gravity and should be condemned as such. In this context, the European Union welcomes the fact that the Rome Statute of the International Criminal Court makes it a war crime to intentionally direct attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict. The Union calls on all States, which have not yet done so to ratify that instrument and also the 1994 Convention on the Safety of United Nations and Associated Personnel. The European Union emphasizes the importance of giving UNHCR personnel adequate protection.

It is also imperative that any obstacles to the work of staff employed by the UNHCR be eliminated. Whether they take the form of threats or of destruction of material and infrastructure, such obstacles for obvious reasons prevent humanitarian personnel from concentrating on their prime function, i.e. coming to the aid of those in need. The European Union therefore reiterates its appeal to all parties concerned to meet their obligations unconditionally, so that aid can be sent where needed in compliance with international humanitarian law.

EU policy

Mr. Chairman,

The European Union is working on a common policy on asylum and immigration. The Union's objective is to establish a common European asylum system, based on full and comprehensive application of the 1951 Convention. This common policy will see the European Union harmonizing the procedures for granting refugee status and the arrangements for refugee reception, as well as sharing the burden equitably between Member States, the aim being, inter alia, a better response to the challenges of today's world, such as temporary protection, mass influxes and mixed flows.

On 16 and 17 October 2001 the Presidency of the European Union held an international conference on migration in Brussels, at which particular attention was paid to the link between asylum and migration. Organized in collaboration with the European Commission, the conference was an opportunity to tackle the question of a policy capable of taking account of the many facets of the problem, i.e. prevention and setting up partnerships with countries of origin, management of migratory flows, economic migration, integration and employment. The constructive debate that took place over those two days of discussion will be of further help in preparing for the proceedings of the European Council in Laeken on 14 and 15 December 2001, which we hope will result in a fundamental political pact on a Community approach to immigration.

In addition, the European Union - both the Member States and the European Commission - welcomes its excellent relations with UNHCR, particularly in the context of the strategic consultations held in accordance with the Treaty of Amsterdam.

Conclusion

Mr. Chairman,

By way of conclusion, the European Union would again make the point that the 1951 Convention, if properly applied, offers no safe haven to terrorists, for it excludes persons who pose a threat to national security or have committed particularly serious crimes. The Union would also stress that combating terrorism must not compromise the fundamental principles of asylum, in particular the principle of non-refoulement. The European Union wishes to reiterate its firm commitment to helping and protecting all those - men, women and children - who are forced to leave their homes and countries in order to escape persecution and serious violations of human rights.

Thank you for your attention.

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