The Challenges of Providing International Protection for Refugees in the Mixed Migration Context Marion Hoffmann The UN Refugee Agency (UNHCR) Workshop on Mixed Flows Regional Migration Conference San José, Costa Rica 11 August 2008

International Protection Regime for Refugees

International protection principles Right to seek asylum. Principle of “non-refoulement”. Principle of non-sanction for illegal entry or presence. Principle of non-discrimination.

International Legal Framework The 1951 Convention relating to the Status of Refugees.The 1951 Convention relating to the Status of Refugees. The 1967 Protocol.The 1967 Protocol. The 1969 Organization of African Unity (OAU) Convention.The 1969 Organization of African Unity (OAU) Convention. The 1984 Cartagena Declaration.The 1984 Cartagena Declaration.

Globalisation. International migration and mixed migratory flows. Expansion of the international migration industry: human smuggling and trafficking. Global and regional initiatives and processes to address migration. Current context

Global Consultations (2001).Global Consultations (2001). Convention Plus and the Agenda for Protection (2004).Convention Plus and the Agenda for Protection (2004). High Commissioner’s Dialogue on Protection Challenges (2007).High Commissioner’s Dialogue on Protection Challenges (2007). Consultation Processes of UNHCR

Migration-Asylum Nexus Protection Challenges Protection Challenges

Definition of Mixed Migration Mixed migratory flows include: (a) persons who are refugees and need international protection; (b) vulnerable persons who need protection but are not refugees; and (c) persons who move for reasons that are not related to protection needs.

Global Migration

State Concerns SecuritySecurity SovereigntySovereignty CapacityCapacity CostCost Local hostilityLocal hostility Misuse of asylum system (due to lack of alternatives)Misuse of asylum system (due to lack of alternatives)

State Responses Border controls and surveillance Interception and interdiction Detention and prosecution Deportation and return Accelerated asylum procedures Extra-territorial processing

UNHCR’s Approach Recognize state concerns Maintain integrity of asylum systems Provide protection to those in need Safeguard the welfare of non-refugees Support capacity-building efforts Promote a balanced debate

UNHCR Contribution to the Debate (I) 10-Point Action Plan on Mixed Migration (June 2006) (II) High Commissioner’s Dialogue on Protection Challenges (December 2007)

10-Point Plan of Action 1. Cooperation among key partners 2. Data collection and analysis 3. Protection-sensitive entry systems 4. Reception arrangements 5. Mechanisms for profiling and referral ( … )

(…)(…) 6. Differentiated processes and procedures 7. Solutions for refugees 8. Addressing secondary movements 9. Return arrangements for non- refugees and alternative migration options 10. Information strategy

(II) High Commissioner’s Dialogue on Protection Challenges

Examples of Good Practices AlbaniaAlbania Horn of AfricaHorn of Africa Somalia – Yemen (Gulf of Aden) North of Africa – the MediterraneanNorth of Africa – the Mediterranean Canary Islands and Lampedusa Canary Islands and Lampedusa Migration in the AmericasMigration in the Americas

Rescue at Sea UNHCR calls upon coastal States to fulfil their international obligations under the Law of the Sea, and to strengthen coordination and cooperation in rescue operations.

Migration in the Americas (Continental and the Caribbean)

Ibero American Summit (November 2006) Ibero American states expressed their concern regarding refugee protection in the Commitment of Montevideo and vowed to ensure access to protection, education and health services for boy and girl refugees.Ibero American states expressed their concern regarding refugee protection in the Commitment of Montevideo and vowed to ensure access to protection, education and health services for boy and girl refugees.

The Caribbean Joint regional seminars between UNHCR and IOM. IOM and UNHCR cooperation to facilitate resettlement, voluntary repatriation and family reunification. Cooperation between UNHCR and UNICEF for the determination of the best interest of the child. Refugee law module in the basic training course for migration officers in Jamaica.

Regional Conference on Migration (Puebla Process) Since South American Conference on Migration Since 2000.

Mexico Study of unaccompanied minors with international protection needs along the southern border of Mexico.Study of unaccompanied minors with international protection needs along the southern border of Mexico. Inter-institutional roundtable on unaccompanied or separated minors and migrant women.Inter-institutional roundtable on unaccompanied or separated minors and migrant women. Training and deployment of Child Protection Officers.Training and deployment of Child Protection Officers.

Ecuador Network against human smuggling and trafficking with special focus on minors. Information and counselling centre in Quito. Training and capacity building. UNHCR presence at ports and detention centres.

Challenges and gaps in the international protection of vulnerable groups. Addressing secondary movements. Migration management which focuses not only on border control, but also human rights and development concerns. (…) Pending Issues

(…) Refugee protection as a human rights concept. Alternatives to detention for asylum seekers.

Thank you!