Report on the Informal Consultations on Non-Governmental Organization (NGO) Observer Participation in the work of the Executive Committee of the High Commissioner's Programme and its Standing Committee

EC/47/SC/CRP.39

REPORT ON THE INFORMAL CONSULTATIONS ON NON-GOVERNMENTAL ORGANIZATION (NGO) OBSERVER PARTICIPATION IN THE WORK OF THE EXECUTIVE COMMITTEE OF THE HIGH COMMISSIONER'S PROGRAMME AND ITS STANDING COMMITTEE

1. A process of informal consultations on NGO observer participation in the work of the Executive Committee and its Standing Committee was initiated at the request of the Executive Committee at its forty-seventh session (A/AC.96/878, para. 26 (c) and (d)). Five rounds of consultations were held on 31 January, 19 February, 18 March, 24 April and 22 May 1997 respectively, under the chairmanship of the Vice-Chairman of the Executive Committee, His Excellency Mr. Björn Skogmo (Norway). A progress report on the consultations¹ was presented to the seventh meeting of the Standing Committee on 1 May 1997.

2. In the course of the informal consultations, delegations highlighted the need to preserve the intergovernmental character of the Standing Committee. Discussions revolved around several aspects of NGO participation, notably the number of NGOs to be admitted as observers; the right to address the Committee; access to official documentation; and the right to submit written contributions.

3. At a final round of informal consultations on 22 May 1997, consensus was reached on a series of recommendations to the Standing Committee (see Annex I). These propose that access to Standing Committee meetings be extended to NGOs registered at the Executive Committee plenary. In joining the consensus, a number of delegations stated that their preference would have been for a formula whereby a smaller number of NGOs would have been admitted to the Standing Committee on the basis of a mechanism regulated by the NGOs themselves. While agreeing that the proposed arrangements should be introduced for a trial period of one year, several delegations reserved the right to revisit the issue at any time during that period, should this be necessary to ensure the smooth functioning of the Standing Committee.

Annex I Recommendations adopted in the informal consultations on NGO observer participation

The Informal Consultations:

(a) Emphasize the Executive Committee and Standing Committee's role of providing governance to UNHCR; in this context, stress the importance of maintaining the inter-governmental character of their decision-making processes, their well established tradition of work by consensus, and the efficiency of their working methods;

(b) Recognize the contribution of NGOs as important partners in UNHCR's humanitarian work on behalf of refugees;

(c) Take note of existing arrangements in the Executive Committee plenary whereby NGOs having consultative status with ECOSOC or which are members of ICVA are permitted to make written contributions in accordance with the Rules of Procedure; also note that, in accordance with established tradition, the same NGOs are permitted access to the Conference room and to deliver one oral statement to the Committee;

(d) Emphasize also the need to maintain the tradition of the Standing Committee in respect to the confidentiality of statements by individual delegations;

(e) Recognize the legitimate wish of NGOs to have enhanced access as observers to Executive Committee and Standing Committee meetings, as well as their capacity to enrich discussion within areas of their expertise;

(f) Welcome the establishment by the NGO community of an open-ended reference group amongst NGOs currently invited to the Executive Committee plenary sessions and which are interested in closer involvement with the work of the Executive Committee and Standing Committee, including NGOs from developing countries;

(g) Recommend that NGOs registered at the plenary also be invited to Standing Committee meetings upon written request from individual NGOs concerned; further recommend that UNHCR and the NGO community explore appropriate mechanisms to ensure participation by NGOs from developing countries, notably their PARinAC regional focal points;

(h) Recommend that one NGO observer statement be heard on each Standing Committee agenda item, with the selection of the organization to speak to be made by the NGOs themselves on the basis of expertise or direct knowledge of the matter under consideration;

(i) Recommend that Standing Committee documents be available upon request to NGOs through their established networks, prior to Standing Committee meetings;

(j) Recommend that NGOs be permitted to make written contributions on the subjects under debate, provided that these do not have budgetary consequences for the UNHCR Secretariat and that NGOs concerned make provision for their production and circulation;

(k) Recommend that the Executive Committee or its Standing Committee should reserve the right exceptionally to declare any Standing Committee meeting or agenda item closed to observer participation; further recommend that such decisions be taken by consensus following a request by any delegation or group of delegations to the Chairman who will consult with Executive Committee members;

(l) Further recommend that informal consultations on decisions and conclusions be limited to Executive Committee members, in accordance with established practice;

(m) Recommend that these arrangements be introduced after the forty-eighth plenary session of the Executive Committee in October 1997 and be reviewed after a trial period of one year.

Annex II Draft Decision Non-Governmental Organization (NGO) Observer Participation in the Work of the Executive Committee of the High Commissioner's Programme and its Standing Committee

The Standing Committee,

Recalling the decision of the Executive Committee at its forty-seventh session to initiate consultations amongst Executive Committee members on the participation of NGO observers in the work of the Executive Committee and its Standing Committee (A/AC.96/878, para 26 (c)), and having considered the recommendations of the informal consultations on NGO observer participation in the work of the Executive Committee and its Standing Committee (EC/47/SC/CRP.39),

OP 1 Emphasizes the Executive Committee and Standing Committee's role of providing governance to UNHCR; in this context, stresses the importance of maintaining the inter-governmental character of their decision-making processes, their well established tradition of work by consensus, and the efficiency of their working methods;

OP2 Recognizes the contribution of NGOs as important partners in UNHCR's humanitarian work on behalf of refugees;

OP3 Recalls existing arrangements in the Executive Committee plenary whereby NGOs having consultative status with ECOSOC or which are members of ICVA are permitted to make written contributions in accordance with the Rules of Procedure; also recalls that, in accordance with established tradition, the same NGOs are permitted access to the Conference room and to deliver one oral statement to the Committee;

OP4 Emphasizes the need to maintain the tradition of the Standing Committee in respect to the confidentiality of statements by individual delegations;

OP5 Recognizes the legitimate wish of NGOs to have enhanced access as observers to Executive Committee and Standing Committee meetings, as well as their capacity to enrich discussion within areas of their expertise;

OP6 Welcomes the establishment by the NGO community of an open-ended reference group amongst NGOs currently invited to the Executive Committee plenary sessions and which are interested in closer involvement with the work of the Executive Committee and Standing Committee, including NGOs from developing countries;

OP7 Decides that:

(a) NGOs registered at the plenary will also be invited to Standing Committee meetings upon written request from individual NGOs concerned, and calls on UNHCR and the NGO community explore appropriate mechanisms to ensure participation by NGOs from developing countries, notably their PARinAC regional focal points;

(b) One NGO observer statement will be heard on each Standing Committee agenda item, with the selection of the organization to speak to be made by the NGOs themselves on the basis of expertise or direct knowledge of the matter under consideration;

(c) Standing Committee documents will be available upon request to NGOs through their established networks, prior to Standing Committee meetings;

(d) NGOs will be permitted to make written contributions on the subjects under debate, provided that these do not have budgetary consequences for the UNHCR Secretariat and that NGOs concerned make provision for their production and circulation;

(e) The Executive Committee or its Standing Committee reserve the right exceptionally to declare any Standing Committee meeting or agenda item closed to observer participation: and that such decisions will be taken by consensus following a request by any delegation or group of delegations to the Chairman who will consult with Executive Committee members;

(f) Informal consultations on decisions and conclusions will be limited to Executive Committee members, in accordance with established practice;

OP8 Further decides that these arrangements will be introduced after the forty-eighth Executive Committee plenary session in October 1997 and will be reviewed after a trial period of one year.

1 Progress Report on the Informal Consultations on NGO observer participation in the work of the Executive Committee of the High Commissioner's Programme and its Standing Committee (EC/47/SC/CRP.21).