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Top UNHCR official warns about ineffective and unresponsive asylum systems

News Stories, 30 September 2009

© UNHCR/S.Hopper
UN Assistant High Commissioner for Protection, Erika Feller, speaks at the 60th meeting of the Executive Committee, Palais des Nations, Geneva, Switzerland.

GENEVA, September 30 (UNHCR) The UN refugee agency's top protection official warned Wednesday that asylum systems in some countries remain ineffective and unresponsive. Assistant High Commissioner for Protection Erika Feller said this was "in spite of substantial investment in capacity building, with many lacking sufficient procedural or protection safeguards, perhaps to serve a deterrent function."

Feller referred to a report received last week from one of UNHCR's European offices that highlighted the "remote and isolated location of reception centres for asylum-seekers, limited access to and low quality of state legal aid and interpretation services, absence of time limits for detention and insufficient number of procedural guarantees for vulnerable groups."

Addressing the 60th session of UNHCR's governing Executive Committee (ExCom), Feller said that while there had been improvements in the past year, insecurity and narrowing protection space are prevalent in too many countries.

In her annual speech to ExCom's 78 member states, Feller noted that among the positive developments, 600,000 refugees returned home around the world last year and more than 12,000 long-term refugees had been naturalized in Tanzania, which she describe as a "most praise-worthy development."

Feller said that heightened sensitivity to at-risk populations has resulted in "a better-calibrated response to the challenge of preventing and responding to sexual and gender-based violence."

In her fourth annual speech to ExCom since becoming Assistant High Commissioner in 2006, Feller noted that she sees a "worrying consistency" when it comes to the problems identified each year. She expressed concerns at the practice of detention for asylum-seekers, citing the example of a detention centre housing 150 women and 50 babies in one room.

During this week's gathering of ExCom, a number of the side events include discussions on the issue of narrowing humanitarian space. Feller said that "whether the sea is still an area of protection space is an open question at the moment," insisting that "rescue at sea is a time-honoured tradition, a fundamental matter of conscience and an international legal responsibility."

Recognizing that many asylum-seekers use the services of smugglers and are often travelling with migrants on board unseaworthy boats, she noted that this does not strip them of their own refugee character.

"Distinctions between refugee or migrant do not matter at the point of rescue. Saving life does. These are all factors which must be carefully weighed should it be contemplated to push boats off, or back somewhere else," she told delegates.

One of the more disturbing trends, said Feller, is the increasing number of unaccompanied and separated children seeking asylum. "Systems are often created with adult beneficiaries in mind, thereby exposing children to totally inappropriate or damaging situations," she said. "No matter what their status, children must be treated as children first and their best interests professionally identified and respected."

Highlighting UNHCR's new policy on urban refugees, Feller expressed the hope that the High Commissioner's Dialogue on Protection in December will improve awareness that "urban areas are indeed a legitimate place for refugees to enjoy their rights and receive protection."

Acknowledging that implementation of the policy will be a challenging task, she noted that "state authorities have the primary role," while UNHCR's role will be "to support and to partner."

The Assistant High Commissioner concluded that for many refugees, "asylum conditions can prove as devastating an experience in some situations as the circumstances which forced them into exile."

She highlighted the conditions in north-east Kenya's Dadaab, the site of the biggest refugee camp complex in the world. These included massive congestion, inadequate reception or registration systems, poor health and sanitation conditions and a worrying level of malnutrition.

"One can but wonder how, in these conditions, it can be said that asylum is providing real or meaningful human security," she said, adding: "Asylum in the context of large-scale arrivals, responding to displacement generated or exacerbated by new drivers, such as climate change, and burden sharing in the context of both, are in need of some new thinking."

By Sybella Wilkes in Geneva

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2009 Executive Committee Meeting

UNHCR's 60th Executive Committee met in Geneva from 28 September to 2 October 2009.

Asylum-Seekers

UNHCR advocates fair and efficient procedures for asylum-seekers

Asylum and Migration

Asylum and Migration

All in the same boat: The challenges of mixed migration around the world.

Improving Asylum Procedures: Comparative Analysis and Recommendations for Law and Practice, Key Findings and Recommendations

Results from UNHCR's research project on the application of key provisions of the Asylum Procedures Directive in selected European Union Member States, March 2010.

Statistics

Numbers are important in the aid business and UNHCR's statisticians monitor them daily.

The makeshift camp at Patras

Thousands of irregular migrants, some of whom are asylum-seekers and refugees, have sought shelter in a squalid, makeshift camp close to the Greek port of Patras since it opened 13 years ago. The camp consisted of shelters constructed from cardboard and wood and housed hundreds of people when it was closed by the Greek government in July 2009. UNHCR had long maintained that it did not provide appropriate accommodation for asylum-seekers and refugees. The agency had been urging the government to find an alternative and put a stronger asylum system in place to provide appropriate asylum reception facilities for the stream of irregular migrants arriving in Greece each year.The government used bulldozers to clear the camp, which was destroyed by a fire shortly afterwards. All the camp residents had earlier been moved and there were no casualties. Photographer Zalmaï, a former refugee from Afghanistan, visited the camp earlier in the year.

The makeshift camp at Patras

From the corners of the globe, the displaced converge in northern France

Hundreds of migrants, asylum seekers and refugees have created a number of makeshift camps in northern France. Drawn from a diverse range of countries, the men are hoping that from France they will be able to enter the United Kingdom.

Locals call it, "The Jungle" - a squalid warren of shanties made out of cardboard, plywood and bits of plastic that has mushroomed among the sand dunes and brambles outside Calais. Hundreds of migrants and asylum seekers from such faraway places as Afghanistan, Somalia and Vietnam have traveled for months and over rough terrain to camp out and eventually cross the 34-kilometre stretch of sea that separates Calais from England's White Cliffs of Dover.

Some have family in the UK or have heard that it is easy to get a good job there. Others have been forced to flee their countries because of political, religious or ethnic persecution, and may be entitled to refugee status.

Since early June, the UN refugee agency and its local partner, France Terre d'Asile, have been present in Calais, informing and counselling hundreds of people about asylum systems and procedures in France and the UK.

From the corners of the globe, the displaced converge in northern France

"Not Just Numbers" photo exercise

(Ages 12-14)

In this exercise, pupils are invited to use the set of photos provided, and their imagination, to tell a story about migrants, asylum seekers or refugees.

Specific Objectives

  • To be able to correctly apply the terms learnt relating to migration and asylum.
  • To demonstrate an understanding of the situation of migrants, refugees and asylum seekers by imagining themselves in similar situations.
  • To show critical thinking about racial, sexual or ethnic stereotypes and assumptions.

"Not Just Numbers" photo exercise

Malta: Angelina Jolie meets asylum seekersPlay video

Malta: Angelina Jolie meets asylum seekers

UNHCR Goodwill Ambassador Angelina Jolie visits an old air force base on Malata and talks to asylum-seekers who have fled North Africa.
Greek Gateway to NowherePlay video

Greek Gateway to Nowhere

Asylum-seekers see Greece as a gateway to Europe, but the reality is quite different.
Greece: Asylum-SeekersPlay video

Greece: Asylum-Seekers

Greece, buffeted by an economic crisis, is struggling to deal with a significant influx of migrants and asylum-seekers.