The Article VII of the Lisbon Recognition Convention and Recommendations for Implementation in the European Region UNiSTUD Como, 18-19 May 2017 Gunnar Vaht President of the Lisbon Recognition Convention Committee

Article VII of the LRC and implementation Each Party of the LRC shall take all feasible and reasonable steps to develop procedures to assess refugees’ qualifications for access to higher education or to employment activities, even the qualification cannot be proven through documentary evidence. Monitoring by the LRCC Bureau in 2015 Implemented at national level (regulations) – 8 countries (but even then not fully) Regulated at institutional level (national ENIC; etc) – 6 countries Not implemented, no regulations – 33 countries Not answered – 6 countries

Statement of the LRCC LRCC Seventh Session on 29 February 2016 in Paris Statement of the LRCC on the recognition of refugees’ qualifications Invite Parties to implement fully provisions of Art. VII of the LRC (acknowledging the recommendation of the LRCC implement procedures before the end of 2018). Invite the LRCC to develop a Recommendation on the recognition of refugees’ qualifications. (Mandate to the LRCC Bureau)

Outline of the Recommendation Preamble General consideration Definitions General principles Legislation Assessment of refugees’ qualifications Background document Information

General consideration The purpose is to ensure the fair recognition of refugees’ qualifications. If substantial differences can be shown, it may not be possible to recognise the qualification. Access to HE should be ensured, including when their qualifications cannot be adequately documented. The provisions apply to cases where qualifications cannot be adequately documented. Fully documented qualifications will be assessed in accordance with the criteria and procedures established to “regular” applicants (Recommendation, revised in 2010).

Definitions Terms defined in the LRC are used in the same sense in the Recommendation. Terms “refugee” and “displaced person” are based on definitions from UN documents. The term “person in a refugee-like situation” has no internationally agreed definition but is used by the UN to encompass those who don´t fit other established definitions.

General principles Adequate measures in case the refugees cannot adequately document the qualifications. The assessment should be based on transparent criteria and procedures, and it should be available free of charge or at reasonable cost and within reasonable time. Acceptance of information collected about qualifications by competent recognition authorities in other Parties. (If refugees move, there is no need to repeat the process of compiling information). Assessment of qualifications and periods of study.

Legislation Parties to the LRC should review and, as required, amend their legal framework and regulations to ensure that national legislation does not impede the implementation of Article VII. Any required action to simplify and speed up the process.

Assessment of refugees’ qualifications The assessment will seek to establish whether applicants hold the qualifications they claim. (Step 1) Assessment criteria should as far as possible refer to the level, quality, profile, workload and learning outcomes of the qualifications. Also formal rights, if attached to a certain qualification. (Step 2) Assessment should be based on information collected from reliable public sources as well as the person applying, and should, as appropriate, be supplemented by interviews, examinations and any other assessment methods.

Background document Competent recognition authorities are encouraged to create and use a background document or a similar information document. It should give a description of the qualification Does not in itself constitute an act of recognition Includes information on at least profile, level and estimated workload Should assist: Authorities In describing, assessing and recognising the qualifications; Refugees in establishing their academic achievements; Authorities and other users of qualifications in accepting refugees´ qualifications assessed in other Parties.

Information Information on the assessment and recognition of refugees´ qualifications should be transparent, up to date and is provided to refugees as early as possible. Information should include: how to apply; required documents; alternative ways of providing information if documents are not available; fees, if any; timelines; assessment criteria; how to appeal. Information should be available in both the national language(s) and at least one widely spoken language.

Next steps / timeline June 2017 --- ENIC/NARIC annual meeting – presentation of the draft text July 2017 --- LRCC Bureau meeting – review the draft November 2017 --- LRCC session – adoption of the text

Thank you! Gunnar Vaht gunnar.vaht@archimedes.ee