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EXECUTIVE COMMITTEE OF THE
HIGH COMMISSIONER’S PROGRAMME
STANDING COMMITTEE
59th Meeting
4 - 6 March 2014
NGO Statement on Asia and the Pacific – Extended Version
Agenda Item 3 (iii)
This statement has been drafted in consultation with, and is delivered on behalf of, a
wide range of NGOs. It attempts to reflect the diversity of views within the NGO
community.
Mister Chairperson,
NGOs continue to be deeply concerned by the on-going lack of protection for refugees
in most parts of the Asia Pacific region. This lack of protection is characterised by rights
violations such as arbitrary arrest and detention, no right to work, and limited or no
access to health services, education and vocational training opportunities. Refugees
also endure lengthy registration and refugee status adjudication procedures. Once
again in 2014 NGOs reiterate the call on States to protect and uphold human rights of
refugees, to seek alternatives to detention, and to provide refugees with legal aid,
psychosocial support, cultural orientation, community integration options, livelihood
opportunities, and opportunities for active input into decisions that impact their
protection rights.
Ratification of the Refugee Convention and Introduction of National Refugee
Legislation
NGOs note with continued concern that only 20 of the 45 countries located in the Asia
Pacific region are State parties to the 1951 Convention Relating to the Status of
Refugees and/or its 1967 Protocol. NGOs call on governments to take steps in ratifying
these treaties and develop national legalization to ensure the protection of refugees and
stateless persons.
Immigration Detention
NGOs welcome steps taken by several governments in the region to explore and
implement alternatives to detention. NGOs also commend the UNHCR Regional
Protection Unit on their engagement with civil society, National Human Rights
Institutions (NHRIs), and other International Organisations (IOs) in holding regional
meetings and developing action plans on alternatives to detention.
Despite some progress, the increasing use of immigration detention remains a growing
concern across the region for refugees, migrants, and stateless persons. A number of
key, common concerns have been identified in many Asia Pacific countries, including:
 The growing use of arbitrary, penal and punitive detention in conditions that fail to
meet minimum international standards;
 Lengthy and prolonged periods in detention, with restrictions on or denial of
access to refugee status or statelessness determination procedures and/or
judicial review of detention;
 Lack of access to legal assistance and representation as well as proper
interpretation services;
 Restrictions on or denial of access to places of detention for NGOs and legal aid
providers;
 Detention of vulnerable groups: children (including unaccompanied minors);
pregnant women; those with physical and mental health conditions; the elderly;
and refugees, asylum seekers and UNHCR registered individuals;
 The impact of detention on these vulnerable groups, including insecurity,
separation (of children and families), lack of freedom, respect and privacy,
isolation, cultural insensitivity and deterioration of physical and mental health;
and;
 The use of immigration detention as a migration management tool.
NGOs call upon governments in the Asia-Pacific region to explore and strengthen the
use of alternatives to detention to prevent unnecessary and damaging detention
practices. States must ensure that the right to liberty is ensured for those seeking
international protection, and that immigration detention is only ever used as an absolute
last resort. States must also ensure that children and other vulnerable groups are not
subject to immigration detention.
Refugee Status Determination (RSD)
With regards to Refugee Status Determination (RSD), NGOs are concerned about
restricted and inconsistent access to due process procedures across the region.
UNHCR’s RSD adjudication in countries across the region differs substantially, with long
and opaque processing, having adverse effects on the lives of asylum-seekers, and
offering little or no protection. UNHCR falls short of meeting its own procedural
guidelines on RSD especially on legal representation in many countries including
Malaysia. Such legal representation is an essential part of procedural fairness and is a
critical element in ensuring that UNHCR is transparent and accountable. We urge
UNHCR to set standards for States to follow, and do so by adhering to its own
guidelines. At the same time, NGOs welcome recent steps taken in India and Thailand
by UNHCR to improve the RSD process.
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Statelessness
Stateless persons continue to be trapped in a legal limbo, often denied the most urgent
rights, including access to health care, education, housing, and employment. It is
dismaying to note that only six countries 1 in the Asia Pacific region (Australia, Fiji,
Kiribati, Philippines, South Korea and Turkmenistan) are party to the 1954 Convention
Relating to the Status of Stateless Persons and just one2 (New Zealand) is party to the
1961 Convention on the Reduction of Statelessness. NGOs call on governments to take
steps in ratifying these treaties and develop national legalization to ensure the reduction
and elimination of statelessness.
Regional Protection
NGOs urge governments to further explore regional cooperation mechanisms which
adopt a rights-based approach to addressing conditions and concerns in the source,
transit and destination countries for refugees. NGOs voice concern on the very limited
attention paid within the Bali Process to strengthening protection standards and
recommend that an effective and ongoing mechanism be developed for multilateral
state engagement with civil society to ensure a protection-focused approach in
managing irregular migration and trafficking.
Australia
NGOs condemn Australia’s broadened negative measures in response to asylum
seekers and refugees, including the forced transfer of asylum seekers to Nauru and
Papua New Guinea, the decision to suspend the granting of new permanent protection
visas for refugees who have arrived by boat, the decrease in resettlement places under
Australia’s Refugee and Humanitarian Program, and pushbacks of boats to Indonesian
waters. Reports received on the harsh conditions and incidences of violence, self-harm,
riots and an alleged murder and rape in detention centres on Nauru and Papua New
Guinea, are also of utmost concern.
NGOs are deeply alarmed that Australia, having signed the 1951 Refugee Convention,
is failing to honour its international protection obligations. NGOs urge the Australian
government to re-establish an effective and protection-focused asylum system in
collaboration with IOs, NGOs and civil society stakeholders. We urge the Australian
government to end offshore processing and recommence processing all refugee claims
made in Australia on the mainland. Furthermore, we urge the Australian government to
end indefinite mandatory detention, implement improved and wide-reaching alternatives
to detention, and take all necessary steps to establish a fairer and more comprehensive
asylum system. NGOs also urge the Australian government to commit increased
1 As of October 2013, Source: UNHCR Global Appeal 2014-2015
2 As of October 2013, Source: UNHCR Global Appeal 2014-2015
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resources to establishing a rights-based regional framework that seeks to tackle the
causes of irregular migration and explores protection-focused responsibility sharing by
States within the region. Refugee policy in Australia should not be dominated by political
agendas but should be driven by a respect for human rights.
Hong Kong
NGOs continue to express concern over the Government of China’s refusal to extend
the 1951 Convention Relating to the Status of Refugees to Hong Kong and its firm
policy not to grant asylum, despite repeated recommendations made by international
human rights treaty bodies in their periodic reviews.
NGOs applaud the Government for commencing a unified screening mechanism that
brings together asylum claims with Convention against Torture claims under one system
on March 3, 2013. The announcements on enhancements that will be made to the
humanitarian assistance package are also welcome. NGOs are concerned that there
has been no consultation with civil society in establishing the new system. There is a
lack of provisions for vulnerable groups and assessing the impact it will have on the
lives of individuals.
NGOs call on the Government to increase coordination with UNHCR, civil society and
the legal profession to improve decision-making and create a fair, transparent and
efficient process to ensure people seeking protection are not returned. At the same time
NGOs call for more comprehensive reforms before the next humanitarian service
contract in August 2014, to ensure adequate standards of living for refugees. NGOs
also urge the Government to continue to explore the right to work and local integration
options while claims are being screened.
India
The decision of UNHCR India to institutionalize legal representation in India is a
welcome step. NGOs commend UNHCR for signing a Letter of Understanding and
formally allowing lawyers to participate in the RSD process. It is also positively noted
that UNHCR India has started providing reasons for rejection of asylum claims.
NGOs continue to show concern over the detention of Rohingya and lack of effort being
made by the government towards their protection. NGOs also express concern over
continued discrimination, intimidation, and sexual and gender-based violence faced by
refugees and asylum seekers, particularly from Africa and Myanmar. NGOs are also
alarmed over the lack of national legislation and inconsistency when processing asylum
applications from different nationalities.
India should ensure that refugees receive adequate protection under the law and
undertake swift action to punish those found exploiting refugees and asylum seekers.
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India should further ensure refugees and asylum seekers have access to justice, health
and education. NGOs express concern over continued discrimination, intimidation, and
sexual and gender-based violence faced by refugees and asylum seekers, particularly
from Africa and Myanmar.
Indonesia
NGOs applaud the steps taken to explore alternatives to detention and the Indonesian
National Human Rights Commission (Komnas HAM) undertaking to conduct monitoring
visits to three detention centres since the second half of 2013. However concern
persists over those languishing in detention without appropriate complaint procedures.
In particular, NGOs are concerned by the conditions faced by women and
unaccompanied minor detainees.
NGOs show concern over the slow progress in regard to the final Presidential
ratification of the "Fixed Protocol (Protap) on Protection of Refugees and Asylum
Seekers" that was prepared in 2013 by the Ministry of Foreign Affairs with the
involvement of various government and legal stakeholders, UN agencies and civil
society organisations. We urge the Government to advocate for Ratification and to
continue its work on the same in collaboration with civil society and other actors.
Iran
NGOs commend the Iranian government for providing assistance to Afghan refugees for
over three decades. The Solutions Strategy for Afghan Refugees (SSAR) presents an
opportunity for the Governments of Iran, Pakistan and Afghanistan and UNHCR to work
together and coordinate activities in support of efforts to help achieve durable solutions
for Afghan nationals across the region. NGOs are appreciative that the Iran component
of the SSAR has progressed positively.
Furthermore, a unified approach between NGOs, the government and UNHCR requires
all parties in Iran to share mutually beneficial information to facilitate improved
programming responses to address unmet needs. NGOs encourage the Government of
Iran, with the assistance of UNHCR, to release updated information as well as establish
clear transparent systems for Refugee Status Determination for former refugee card
holders and undocumented Afghan nationals.
NGOs further stress the importance of honoring the Refugee Convention and offering
certainty in continued asylum space in Iran for those that have been granted refugee
status in Iran. The declaration of “No Go Areas” are often forcing refugees to make
rushed and, sometimes, poorly informed decisions about relocation or repatriation.
NGOs note concern at the increasing expenses associated with maintaining refugee
status, particularly with the introduction of kefalat centre costs. Many refugees are
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becoming undocumented due to an inability to pay to keep their status. Similarly many
cannot afford schooling fees and health care costs, despite exemptions and insurance
schemes in place. NGOs urge the government to continue monitoring the impact of
annual fees and to improve their assistance and social support to Afghan refugees.
We also call on the Iranian government to facilitate the work of humanitarian
international NGOs and provide an enabling environment that allows international
NGOs to work with multiple initiatives in supporting refugees countrywide.
Japan
NGOs welcome the announcement from the Cabinet Secretariat on 24 January that the
resettlement program in Japan will continue following the conclusion of the pilot in 2015,
and welcome their intention to expand eligibility to refugees in Malaysia. NGOs
understand that a number of submissions have been made regarding the future of the
resettlement program in Japan, including stronger collaboration with NGOs and the
broader civil society in policy-making as well as implementation of programs, as well as
expansion of selection criteria, and encourage Japan to incorporate these
improvements into the resettlement program.
NGOs remain concerned about the low recognition rate in Japan (according to official
statistics, only 18 out of 3,194 processed claims were recognized in 2012, for a
recognition rate of 0.5%). NGOs also remain concerned about deficiencies of due
process in refugee status determination in Japan, and recommend further development
of a comprehensive refugee protection law and policy.
Civil society also welcomes the continuation of the regular tripartite dialogue in Japan
involving the government and civil society (represented by the Forum for Refugees
Japan and the Japan Federation of Bar Associations). We applaud the initiation of
collaboratively implemented projects, including a pilot airport reception project and a
working group on “alternatives to detention.” NGOs also welcome steps by the
government to set up a special sub-committee under the 6th Immigration Policy
Advisory Council, which includes some NGO representatives in discussions about how
to improve national asylum systems. NGOs look forward to seeing the outcomes and
impact of proposed changes from the sub-committee.
Malaysia
NGOs condemn the continued non-recognition of refugee rights by the Malaysian
government, and the continued arrest and often-prolonged detention of refugees,
including minors and vulnerable populations in harsh conditions. NGOs remain gravely
concerned over on-going large scale immigration raids in the second half of 2013, in
particular over the arrest of those not holding UNHCR identity cards. We also draw
urgent attention to the increased vulnerability of, and violence against refugee girls and
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women, who are at particular risk of sexual violence and exploitation at the hands of
both their employers and law enforcement personnel.
The UNHCR registration exercise is welcome, however there needs to be greater clarity
on the purpose of this card.
NGOs appreciate the announcement by the Home Minster that refugees will be trained
to seek employment. NGOs also welcome the involvement of the National Human
Rights Commission of Malaysia in hosting a roundtable on detention.
Myanmar
NGOs recognize UNHCR’s continued protection efforts and the search for durable
solutions for displaced Muslims (both Rohingyas and Kamans) in Rakhine State.
However, NGOs are concerned at the lack of progress in achieving freedom of
movement for Muslim communities and in achieving their returns to their home areas.
NGOs call on the Government of Myanmar to produce its development plan for Rakhine
State and its action plan for ending the current state of segregation and restrictions of
rights of the Muslim communities in Rakhine State.
NGOs are deeply concerned that the Government of Myanmar continues to restrict
humanitarian access in northern Rakhine state and in other parts of the country. There
have been some advances in international access to assist displaced people in nongovernment controlled areas in Kachin State, but there is a need for a full-time presence
by international humanitarian actors in these areas.
NGOs call on the union government to play an active role to facilitate humanitarian
access in Rakhine State, by creating conditions in which humanitarians can operate.
NGOs urge the Government of Myanmar to speak out against extremism, and to
implement consequences for hate speech and incitement. NGOs call on government to
make public statements confirming that they will end impunity in Rakhine State by
prosecuting any person involved in human rights abuses.
NGOs reiterate that existing nationality laws in Myanmar should be repealed and
replaced with one that is on par with international standards.
UNHCR should strengthen its leadership role on protection in both Rakhine and Kachin
States, raising issues of concern with the Government of Myanmar and encouraging the
Government of Myanmar to respect the rights of displaced and stateless people in the
country and resolve their rights to nationality. NGOs are further deeply concerned over
the continued exodus of Rohingya from the Rakhine state due to continued violence
and lack of protection.
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Nepal
NGOs commend the Nepalese government and the eight resettlement countries for
facilitating the resettlement process for Bhutanese refugees since 2007.
NGOs continue to show concern over practices of inconsistency and incoherence when
dealing with refugees from different nationalities. We urge the Government to establish
a fairer and more transparent system in this regard. We also encourage the
Government of Nepal to cease the practice of charging overstay fines applicable for
some nationalities when leaving the country for resettlement.
Pakistan
NGOs welcome the decision of the Government of Pakistan to extend the legal stay of
Afghan refugees in Pakistan for two years, and upholding the voluntariness of
repatriation and respecting the principle of non-refoulement. We also commend the
government for issuing cards to legalize the temporary stay of Afghan refugees and the
decision that Afghan refugees can open bank accounts, obtain driver’s licenses and
mobile phone SIM cards. NGOs do note with concern that there are reports indicating
incidents of harassment, discrimination and extortion directed at Afghan refugees and
that access to basic services are inconsistent, especially for women. NGOs encourage
the government to tackle the ongoing harassment of Afghan refugees and ensure full
protection of both documented and undocumented populations.
NGOs are still deeply concerned about the future of Afghan refugees in light of the
multiple transition risks present in Afghanistan linked to the withdrawal of NATO forces
in 2014 and the potential humanitarian implications which could see new refugee
influxes into Pakistan. Efforts must now focus on ensuring adequate planning and
resources are directed at both responding to any potential new refugee caseloads, as
well as continuing to support preservation of asylum space for existing Afghan refugees
and host communities. In the post troop withdrawal scenario, international assistance
will be crucial to support the efforts of the Government of Pakistan in dealing with the
potential refugee outflow from Afghanistan. Enhanced resettlement efforts should also
feature as an important component of the international response, particularly for specific
at-risk categories of the existing and any new refugee population.
Philippines
NGOs commend the continuing protection environment provided by the Philippine
Government for refugees. NGOs also welcome the initiative to map stateless
populations in the country and efforts to merge the RSD and statelessness procedures.
NGOs also applaud the issuance of provisional work permits for asylum seekers.
While there is a relatively strong protection environment, NGOs encourage the
Philippine Government to consider strengthening refugee protection by starting the
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process for enacting a domestic refugee law. In addition, NGOs encourage the
Philippine Government to continue supporting the IDP Bill and see it through to its
conclusion into a domestic IDP law. NGOs further commend the Philippine Government
for the positive progress in the peace talks in Mindanao, and encourage the Philippine
Government to seize this opportunity to provide durable solutions to the situation of
IDPs in Mindanao, many of whom remain without durable solutions.
While NGOs commend the swift action of UNHCR and the international community in
protecting IDPs in the immediate aftermath of super typhoon Haiyan/Yolanda, we look
forward to the Philippine Government's action towards reconstruction and development
that leads to durable solutions for IDPs.
Republic of Korea
NGOs applaud the government for the final enactment of the Refugee Act in July 2013
and also welcomes steps to provide them with work permits, legal status and support for
living expenses. We also commend the government for taking first steps to discuss
exploring a future resettlement programme.
Sri Lanka
The exact number of IDPs in Sri Lanka remains unclear. NGOs are concerned that IDPs
are considered returnees even when basic conditions for return have not been met.
NGOs call on the Government of Sri Lanka to recognise and respect the voluntary
principle underpinning durable solutions. NGOs believe it is vital that the scale of the
ongoing task at hand is not underplayed and that physical return is not conflated with
the durable solution of return.
Thailand
Grave concern remains over the number of refugees in immigration detention including
women and children. It is welcome step that UNHCR is collaborating with NGOs and
IOs through the Detention Task Force on this matter, however NGOs further urge the
Royal Thai Government to engage with this Task Force and explore alternatives to
detention.
The beginning talks on the repatriation of Burmese refugees have caused confusion
and anxiety among the refugee population in the camps on the Thai-Burma border. We
call on UNHCR and the government to ensure full transparency and consultation with
refugee communities. We urge the governments on both sides and UNHCR not to take
any premature steps, in particular highlighting that repatriation needs to be voluntary in
its nature, all safeguards need to be in place and the rights of each individual must be
guaranteed.
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NGOs are deeply concerned over reports in 2013 of more than 1,300 Rohingya in
detention in Southern Thailand as well as reported deaths and alleged deportations of
the detainees. While NGOs support Thailand and the international community in
seeking a regional solution to the Rohingya issue, NGOs denounce the detention,
deportation and transfer to trafficking networks of Rohingya boat people.
Thank you Mister Chairperson.
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