Conference on Migration – Current Crisis
23 November 2015
This year has seen a dramatic increase in the number of refugees and
migrants transiting through this region toward Europe. As the Western
Balkans has been on the front line of this crisis, you are all well-aware of
the dire conditions many among this population are fleeing, the dangers
along the route and the serious humanitarian needs we observe when
they arrive in the region, including many families with young children,
pregnant women and people with medical needs or disability.
To date, more than 335,000 persons have expressed their intent to seek
asylum and been registered in Serbia, the vast majority of whom
originate from so called refugee-producing countries such as Syria,
Afghanistan, Iraq, Eritrea, Somalia and Sudan, among others.
A relatively limited percentage within this mixed migratory flow transiting
through the Western Balkans are migrants, simply seeking improved
access to education and employment opportunities.
From the beginning, Serbia has displayed a firm commitment to
maintaining open borders and ensuring access to registration and
asylum procedures for arrivals on its territory.
As a signatories to the 1951 Convention and Protocol Relating to the
Status of Refugees, Serbia and other countries in the region have
assumed certain commitments toward refugees.
Refugees are individuals who, “owing to well-founded fear of being
persecuted for reasons of race, religion, nationality, membership of a
particular social group or political opinion, [are] outside of the country of
[their] nationality and [are] unable or, owing to such fear, [are] unwilling
to avail [themselves] of the protection of that country.”
In essence, refugees are persons who have not chosen to leave their
homes, but have been forced to do so as a result of serious risks to their
lives or liberty – including terrorism and other acts of targeted violence which give rise to a need for international protection.
They are guaranteed, by the 1951 Convention, certain basic political,
social, and economic rights, the most important of which include the
right for all nationalities to seek asylum and the right to protection
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from forcible return to a country in which their lives or freedom would be
at risk.
Refugees and migrants often use the same routes and means of travel,
including facilitation by smugglers, false documentation and irregular
border crossing.
Given the seriousness of the circumstances that led to their flight,
refugees should not be penalized for entering the territory in an irregular
manner, without proper or using false documentation.
Also - at the core of the 1951 Convention - is the protection against
discrimination. The rights outlined in the Convention are guaranteed to
all individuals who meet the legal definition of a refugee.
As a result, states cannot distinguish between populations, offering
access to territory and asylum procedures only to those who conform to
particular religious or political beliefs, or only to those fleeing from
particular countries.
Any individual facing persecution for one of the five reasons set out in
the 1951 Convention definition is entitled to claim refugee status, and to
have his or her individual claim adjudicated in a fair manner, consistent
with due process of law.
We know, however, that some of the individuals entering the region may
not be able to demonstrate that they satisfy the refugee definition. They
may be seeking education for their children, employment opportunities,
or family reunification, for example.
All of these constitute basic human rights, but they would not necessarily
rise to the level of a claim to refugee status. In some instances,
however, subsidiary protection may be warranted.
Even if they are not in need of international protection, migrants are
entitled to respect for their basic human rights, guaranteed under the
Universal Declaration of Human Rights, the International Covenant on
Civil and Political Rights, and the International Covenant on Economic,
Social, and Cultural Rights, as well as the European Convention on
Human Rights.
As with refugees, migrants have faced serious risks in travelling to
Europe and may have very similar humanitarian needs on arrival. They
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may have been exploited by smugglers, trafficked, or robbed by
criminals along the route. Although possibly lacking international
protection needs, they may nonetheless have serious medical, social,
and psychological needs.
The fact that the current influx is a mixed migratory flow makes it all the
more important to ensure protection-sensitive entry mechanisms and
early differentiation between persons with international protection
needs and migrants, in order to channel them into appropriate follow up
procedures, in line with international refugee law and international
human rights law.
The process of distinguishing between refugees and migrants is
challenging, and requires careful attention to registration and refugee
status determination procedures.
Whether or not a person has
international protection needs cannot be assessed merely based on
nationality.
UNHCR appreciates the time and resources that countries in the region
have already invested in establishing a process consistent with their
obligations under the 1951 Convention and other international human
rights instruments.
UNHCR stands ready to continue assisting - in whatever way possible
according to its mandate - as host countries in the region seeks to
provide protection and assistance to refugees and migrants, consistent
with their rights under international law.
Together host governments, international organizations, civil society an
local communities in the region must continue to rise to the challenges
presented by the current crisis and ensure that refugees have access to
international protection as guaranteed under the 1951 Convention.
Thank you.
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