State of the World's Refugees
 
The State of the World's Refugees 2006 - Chapter 5 Protracted refugee situations: Towards a more effective response

Throughout the 1990s, given its focus on refugee emergencies, the international community largely ignored the challenge of formulating comprehensive responses to protracted refugee situations. While significant progress was made in developing the responsiveness of each of the three durable solutions, as outlined in the following chapter, little attention was paid to their complementary nature or how they could be applied in the comprehensive resolution of long-standing refugee crises. With the exception of a few key studies in the early 1980s, the problem of protracted refugee situations also failed to attract the attention of the research community.[27]

Developments within UNHCR

The problem of protracted refugee situations was brought back onto the international policy and research agenda in 2000 and 2001. Supported by renewed donor interest in the question, UNHCR commissioned a number of studies to better understand the dynamics and implications of contemporary long-term refugee problems, including those of Sudanese in Kenya,[28] Sierra Leoneans in Guinea,[29] and Liberians in Côte d'Ivoire[30] and Ghana.[31] A summary of their findings was published as a UNHCR working paper.[32]

These studies contributed to the development of a working definition of protracted refugee situations and a better understanding of their causes, consequences and the necessary elements of a solution. In particular, the studies shed important light on the distinction between a 'basic needs' and 'minimum standards' approach to long-term refugee populations, and highlighted the benefits that could be derived from enhancing the refugees' own coping strategies. However, it was noted, 'it would be highly misleading to suggest that there are any quick or easy solutions to the problem of protracted refugee situations in Africa'.[33]

It was in the context of these studies that the question of protracted refugee situations in Africa was addressed by UNHCR's Executive Committee in October 2001. Participants acknowledged that these situations 'pose serious challenges to the host country, the international community and the refugees themselves'.[34] At the same time, UNHCR highlighted its desire to 'improve responses by formulating a comprehensive and coherent strategy to address protracted refugee situations'.[35]

Three months later, in December 2001, more focused discussions took place on the question of protracted refugee situations in Africa during a ministerial meeting in Geneva. The discussions emphasized the need to place the problem within a historical and political context, to address the root causes of refugee movements, to support national capacity-building, and the importance of sustained donor engagement to resolve chronic refugee problems.[36]

The 2004 Standing Committee Paper is UNHCR's most comprehensive policy document on protracted refugee situations and includes a number of important innovations.[37] While highlighting that UNHCR is not a political actor, the paper argues that the agency must be aware of the political context of its work. The study also presents a number of options for responding to long-term refugee problems, including the need to focus on refugee well-being in the short term and the importance of linking a broad coalition of actors in the search for solutions.

The development of more systematic and structured responses to long-standing refugee problems has also been one of the stated objectives of UNHCR's Convention Plus initiative. There have been efforts to identify the roles that the agency and other governmental and non-governmental actors should play and the lessons that should be drawn from past experience to develop a more systematic approach to comprehensive solutions.[38]

Efforts have been made to apply these conceptual developments to two of the world's most complex and protracted refugee situations, those of Afghans in South West Asia and Somalis in East Africa and the Horn of Africa. The hope is that through pilot projects to address these two situations, the 'strengths and shortcomings of the frameworks should be identified and necessary adjustments made' before their application to other protracted refugee situations.[39]

'Afghanistan Plus' initiative

Launched in 2003, this initiative's goal is to build a comprehensive framework to manage population movements in the region. Specifically, UNHCR aims to reach agreement on key policy issues, such as repatriation, reintegration, migration, assistance, protection and institutional development. It hopes to achieve this through consultation and cooperation with governments of the region, key donors, technical-cooperation agencies such as the International Labour Organization and the International Organization for Migration as well as a range of civil-society groups.

These approaches have been based on the understanding that population movements to and from Afghanistan are now primarily economic and migratory in nature and consequently require different administrative responses. The Afghanistan Plus initiative emphasizes the importance of sensitizing donors to the need for continued international engagement and support, especially for programmes within Afghanistan. The initiative also aims to build further consensus among regional actors on the need for new bilateral and regional mechanisms for both migration and repatriation. Finally, UNHCR has emphasized that development-assistance programmes and funds should play a bigger role in assisting reintegration inside Afghanistan and improving the conditions of long-staying Afghans still outside the country and their host communities (see Box 6.2).

Somalia CPA

As with the Afghanistan Plus initiative, the lessons learned from a CPA for Somali refugees could be applied to other protracted situations. Its objectives are to identify durable solutions for Somali refugees living in the region's host countries. Given the continuing instability in southern and central Somalia, the focus of the CPA is on repatriation to Somaliland and Puntland, where conditions for returnees are more secure than in southern and central Somalia. However, it is widely recognized that for sustained returns more emphasis on reintegration and post-conflict recovery is required.

The second objective of the CPA is to examine how human rights and economic conditions for Somali refugees can be improved in host countries such as Kenya, Ethiopia, Yemen and Djibouti. Local experts in the region will determine the gaps in protection and assistance that need to be addressed by the CPA. Given the difficult prospects for sustainable peace in Somalia, addressing the protection and assistance gaps in countries of asylum in the region would meet the short-to medium-term needs of Somali refugees (see Box 2.5).

Limitations

The Somali-refugee CPA and the Afghanistan Plus initiative are commendable efforts to try and engage the international community. However, they do not adequately link humanitarian factors with underlying economic, political and security issues.

Resolving the problem of long-standing Somali refugees requires the restoration of stability in southern and central Somalia. Similarly, a solution for Afghan refugees requires the sustained engagement of development actors in rebuilding Afghanistan.

The lessons from past CPAs, such as those in Indochina and Central America, are that humanitarian efforts must be closely linked to political, diplomatic and development initiatives. Past CPAs also required the active involvement of viable and functioning countries of origin so that internal conflicts and refugee problems would not recur. Finally, successful CPAs relied on external political initiatives that preceded and laid the foundations for humanitarian and development programmes. Without strong political support and successful peace negotiations there is little prospect of resolving protracted refugee crises such as the Afghan or Somali situations.

The need for an integrated approach

It is important to recognize that humanitarian actors cannot address the political dimensions of protracted refugee situations on their own. While it is essential that refugee-protection agencies are sensitive to host governments' security concerns, actions by humanitarian agencies without the support of both development agencies and the UN Security Council will not beget truly comprehensive solutions. As long as discussions on protracted refugee situations remain exclusively within the humanitarian community and do not engage the broader peace, security and development communities, they will be limited in their impact.

Despite the need for a multifaceted approach, the overall response of policy makers remains compartmentalized. Security, development and humanitarian issues are usually discussed in different forums, each with their own institutional arrangements and independent policy approaches. There is almost no strategic integration of approaches and little effective coordination in the field. Neither the United Nations nor the donor community has adequately integrated the resolution of recurring refugee problems with the promotion of economic and political development, conflict resolution and sustainable peace and security. International involvement in nation-building, reconstruction, and rehabilitation in war-torn regions is still piecemeal and under-resourced. Meaningful comprehensive solutions must overcome these divisions.

Such an approach needs to be rooted in an understanding of the relationship between forced migration and security since the end of the Cold War and the security concerns of Third World states. The nature of protracted refugee situations in the developing world has changed. During the Cold War, these situations were addressed because of the interest of the superpowers, primarily the United States. In recent years, however, declining donor engagement coupled with a new sense of vulnerability in host states has led to a changed environment within which solutions must be crafted. In this sense, it is important to emphasize that the task is not simply to replicate past solutions, but to fashion new ones that draw on the lessons of the past but are appropriate to the new environment.

First, from the peace and security sector, sustained engagement is necessary not only from the UN Security Council and the Department of Peacekeeping Operations (DPKO) but also from the African Union, the Economic Community of West African States, the South Asian Association for Regional Cooperation, the Association for Southeast Asian Nations and foreign and defence ministries in national capitals. Second come development actors. Ranging from the UN Development Programme, the World Bank and international NGOs to national development agencies, they would play an important role at all stages of a comprehensive solution. Finally, humanitarian agencies such as UNHCR, the UN Office for the Coordination of Humanitarian Affairs and NGOs need to bring their particular skills and experience to bear.

These three sets of actors should engage in a related set of short, medium and long-term activities to form a CPA. These activities should include a thorough analysis of the situation and the interests of the various stakeholders. This analysis should form the basis of related action plans for the three groups, which must be fully supported by the international community.

In the short term, the CPA should focus on the stabilization of the current situation, the establishment of dialogue between key stakeholders, and confidence-building activities in the country of origin and in host countries. Next should come a consolidation phase, focusing on a resolution to the conflict, the rehabilitation of refugee-populated areas and preparation for the various durable solutions. Once this groundwork has been laid, the CPA can be implemented. This would lead to a durable peace in the country of origin, the execution of long-term development strategies and the realization of a comprehensive solution through the complementary use of the three durable solutions.

Such an integrated approach to addressing refugee situations has been explored in the past. In fact, UNHCR, DPKO and the United Nations Development Programme all have experience of working together. While the effectiveness of such partnerships has sometimes been questioned, it is important to examine why some have been more successful than others. More generally, it is important to recognize that a solution cannot truly be comprehensive without the sustained engagement of all the three types of actors.

Addressing protracted refugee situations in a more consistent and comprehensive manner is one way for the United Nations system as a whole to demonstrate its relevance and usefulness. The decision of the UN General Assembly at the 2005 World Summit to create a Peacebuilding Commission is a step in this direction.[40] The main purpose of the commission is to bring together all relevant parties within and outside the United Nations to address the needs of a troubled nation. The commission is to improve planning for sustained recovery after war as well as coordination of the many post-conflict activities.

However, the success of such an integrated approach will depend entirely on the commitment of the international community to see it succeed. Comprehensive solutions are the best way to address the concerns of Western states, meet the protection needs of refugees and respond to the concerns of countries of first asylum. In the long term, governments must consider how their trade, aid and development policies and strategic and diplomatic concerns may be brought to bear not only on addressing refugee flows but also on preventing them. Ultimately, it must be recognized that the most efficient, effective and humane approach to refugee situations is their prevention. The international community must realize that by engaging with failing states today, it is preventing the refugee crises of tomorrow.

Comprehensive solutions: lessons from the past

Box 5.1 Palestinian refugees

Notes

27. The Refugee Policy Group in Washington, DC produced reports on protracted refuge settlements in Africa outlining many of the problems confronting long-staying refugees at that time. T. Betts, R. Chambers and A. Hansen, among others, conducted research on some of these groups in Africa and assessed the international community's policy responses, particularly programmes aimed at promoting local integration. See: Refugee Policy Group, 'Older Refugee Settlements in Africa', Washington DC, 1985.

28. A. Jamal, 'Minimum Standards and Essential Needs in a Protracted Refugee Situation: A Review of the UNHCR Programme in Kakuma, Kenya', Evaluation and Policy Analysis Unit, UNHCR, EPAU/2000/05, 2001.

29. T. Kaiser, 'A Beneficiary-Based Evaluation of UNHCR's Programme in Guinea, West Africa', Evaluation and Policy Analysis Unit, UNHCR, EPAU/2001/02, 2001.

30. T. Kuhlman, 'Responding to Protracted Refugee Situations: A Case Study of Liberian Refugees in Côte d'Ivoire', Evalution and Policy Analysis Unit, UNHCR, EPAU/2002/07, 2002.

31. S. Dick, 'Responding to Protracted Refugee Situations: A Case study of Liberian Refugees in Ghana', Evaluation and Policy Analysis Unit, UNHCR, EPAU/2002/06, 2002.

32. J. Crisp, 'No Solution in Sight: The Problem of Protracted Refugee Situations in Africa', New Issues in Refugee Research, Working Paper No. 75, UNHCR, 2003.

33. Ibid., p. 26.

34. See UNHCR, 'Addressing Protracted Refugee Situations'.

35. UNHCR, 'Discussion Paper on Protracted Refugee Situations in the African Region', Background paper prepared for the 52nd Session of UNHCR's Executive Committee, October 2001, p. 1.

36. See UNHCR, 'Chairman's Summary: Informal Consultations on New Approaches and Partnerships for Protection and Solutions in Africa', Geneva, December 2001. For a consideration of the historical and political context of protracted refugee situations in Africa, see: G. Loescher and J. Milner, 'The Long Road Home: Protracted Refugee Situations in Africa', Survival, vol. 47, no. 2, Summer 2005.

37. UNHCR, 'Protracted Refugee Situations'.

38. UNHCR, 'Making Comprehensive Approaches to Resolving Refugee Problems More Systematic', Paper prepared for the High Commissioner's Forum, FORUM/2004/7, 16 September 2004.

39. See UNHCR 'Chairman's Summary', High Commissioner's Forum, 12 March 2004.

40. United Nations, 'World Leaders Pledge Wide-Ranging Steps on Poverty, Terrorism, Human Rights', Press release, Department of Public Information, UN Doc. GA/10385, 16 September 2005.