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Asia-Pacific Intergovernmental Consultations (APC) Workshop on Capacity
Building and Regional Co-Operation in Today’s Complex Migratory Context
21, 22 and 23 September 2006
Dalian, China
Co-Chair’s Summary
Introduction
1. The Asia-Pacific Intergovernmental Consultations (APC) Coordinator (China) and
UNHCR held a workshop titled ‘Capacity Building and Regional Co-Operation in
Today’s Complex Migratory Context’ in Dalian, China, from 21 to 23 September 2006.
Participants included 42 delegates from 14 APC Members
1
, Macao SAR of China, IOM and UNHCR.
2. Senior Counselor, Mr. Diao Mingsheng, and UNHCR Regional Representative in
China, Mr. Veerapong Vongvarotai, opened the meeting.
3. The Workshop was organized on the following topics: Update on the High-Level
Dialogue on International Migration and Development; National Refugee Protection
Systems: Challenges, Needs and Recommendations for the Way Forward; Protection
Gaps Analysis and ‘Strengthening Protection Capacity Project’; and Enhancing Regional
Cooperation.
4. The following Summary Conclusions do not represent the individual views of each participant, the APC Coordinator, or UNHCR, but reflect broadly the understandings emerging from the discussions. These summary conclusions will be made available to, and will inform, the APC Plenary, planned to be held in China in November 2006.
Summary Conclusions
Complex migratory context
5. Every state has the sovereign power to regulate the admission and stay of non-citizens within its own territory and has a valid interest in addressing irregular migration, as well as combating people smuggling and trafficking in persons, including through effective regional cooperation. Like any other state powers these must be exercised in accordance with international law, including norms that protect the rights of asylum seekers and refugees.
6. As underlined at the recent UN High-Level Dialogue, international migration is a growing phenomenon, and while it may be a positive force, it also brings along many
1 Australia, Bangladesh, Cambodia, China, Hong Kong SAR of China, Indonesia, Malaysia, Mongolia, The
Union of Myanmar, Nepal, The Philippines, Sri Lanka, Thailand, and Viet Nam.
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final challenges. One of the features of international migration is that it is complex and multidimensional. Migration flows are mixed and often include a forced displacement component. Managing today’s complex migratory movements requires a combination of development, social and economic policies.
7. The complexity of today’s migration flows is true also for the Asia Pacific region. A result of social and economic disparities and the dynamics of regional development, countries in this region are countries of origin, transit and destination, and sometimes all in one. Internal displacement and issues of statelessness further complicate the overall context. While refugee flows in the Asia Pacific region may be considered relatively modest in quantitative terms, the complexity of these flows is unequalled.
Distinction
8. Within this complex migratory context, it is important to maintain a distinction between labour migration, on the one hand, and forced displacement on the other. A special protection regime for dealing with refugees and asylum seekers remains a necessity.
9. The refugee issue is fundamentally humanitarian and social in nature. Given its transboundary character it requires adequate protection and assistance measures both at the national and regional levels. Among different refugee populations there are various groups with special needs and particular vulnerabilities, requiring special attention and care.
Asylum/migration nexus
10. At the same time, there is a growing realization that broader migration movements and forced displacement intersect. To better understand this intersection, there is a need for a frank and open discussion – reflecting a non-traditional approach – among all stakeholders involved in migration and refugee issues. This dialogue would include not only government agencies and relevant international organizations, but increasingly civil society actors, employers and trade union representatives. The dialogue would also extend to the media and emphasize balanced reporting, stressing also the positive aspects of broader migration movements.
11. It was noted that issues relating to refugees and asylum seekers are sometimes politicized or negatively perceived by the public at large. It was stressed that the granting of refugee status and addressing the plight of refugees are non-political, humanitarian acts. It was also noted that refugees can make a valuable contribution to host countries.
Protecting refugees in a complex migratory context
12. The key challenge is to develop a response which combines a coherent approach to the management of migration with the effective protection of refugees: two distinct, but complementary and mutually reinforcing functions.
13. Some countries noted the positive experiences of promoting regular and legal channels of migration, or of regularizing irregular migration populations already in the
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final country. The effects of such measures could be twofold: while meeting labour needs in receiving countries, it has proved to be a means of reducing international protection needs in instances where migrants originate from refugee producing countries. There was also recognition of the need to address irregular migration, which places a burden on migrants themselves as well as on the host country.
14. A number of countries in the Asia Pacific region are considering accession to the
1951 Convention Relating to the Status of Refugees and its 1967 Protocol. Recognizing that forced displacement is a phenomenon of all times, it was noted that the 1951
Convention, apart from being the cornerstone of the international refugee protection regime, has demonstrated to be an efficient tool of managing the forced displacement component of international migration. Reinforced or complemented by other international human rights instruments, the 1951 Convention provides a clear legal framework for dealing with mixed migration flows, while safeguarding the rights of those in need of international protection, and guaranteeing them a minimum standard of treatment.
15. There is a need for refugees to benefit from appropriate reception arrangements and a minimum standard of treatment as regards access to employment, health care and education. Making such services available to refugees, however, is a matter of resources, especially in countries that do not have adequate means and shoulder a disproportionate burden. The support of the international community is therefore key, including through material assistance, capacity building efforts and offering resettlement opportunities.
16. Combining migration management and effective refugee protection requires cooperation on a number of levels and among a number of actors. While cross-border migration is by its very nature international in character, government agencies need to coordinate bilaterally, or, when necessary, regionally. In order to address the multifaceted character of migration, specific arrangements often also need to be made between government agencies that hitherto had no history of cooperation. Close cooperation with
UNHCR could improve addressing the challenges of mixed flows.
Challenges and needs
17. Identifying the challenges posed by mixed population movements and the needs required to address these challenges, the participants reported extensively on the actual composition of migration/refugee movements, and the existing policy and legislative framework for refugees and asylum seekers, migrants and stateless persons in their respective countries and regions.
18. It was noted that the challenges posed by international migration and forced displacement could not be responded to adequately without a closer examination of their root causes. There is a need to address social and economic disparities, human rights abuses and armed conflict situations.
19. Refugee and migration issues cannot be solved by individual countries on their own.
International co-operation and regional co-ordination need to be enhanced to resolve
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final refugee and migration issues on the basis of the principles of international solidarity, burden and responsibility sharing, mutual respect, equality and mutual benefit.
20. With a view to advancing information exchange and regional co-operation, one delegation proposed the establishment of a database which would collect best practices and document practical solutions to challenges identified in the Asia Pacific region.
21. Some delegations indicated the need for technical assistance in the establishment or improvement of legal and institutional frameworks dealing with refugees and asylum seekers in the context of mixed migration flows. This would include training on drafting or adjusting national legal procedures.
22. A particular challenge identified is the management of processes that effectively differentiate between refugees on the one hand and economic migrants on the other. Fair, efficient and prompt refugee status determination and resettlement processing are of key importance.
23. Also, several delegations referred to the need for training and capacity building in relation to law enforcement agencies, including border authorities, for the purpose of sensitizing them to international protection needs of refugees and asylum seekers, victims of trafficking and other vulnerable groups.
24. The particular vulnerability of migrants and refugees to sexual and gender-based violence was acknowledged, as was the need to adopt measures to prevent and respond to its occurrence.
25. Raising public awareness and understanding of the plight of refugees was considered an important endeavour to create public support.
Capacity building
26. UNHCR has a wealth of experience and technical cooperation to offer to strengthen protection capacities in host countries, including through a new methodology called the
‘Strengthening Protection Capacity Project’. Apart from the key role and responsibilities of governments, NGO and refugees themselves can contribute to responding to challenges identified.
27. A number of delegations made concrete suggestions on and expressed interest in participating in various capacity building initiatives, not least in an effort to harmonize migration and refugee protection management in the region and develop best practices.
The initiatives proposed included training events and workshops on refugee status determination procedures, drafting of national legislation, as well as registration and documentation efforts. A number of delegations indicated an interest in the organization of study tours or internships to familiarize themselves with established international refugee protection systems and institutions. The establishment of an Asian Pacific teaching programme that would take into account regional characteristics was also proposed.
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Enhancing regional cooperation
28. It was felt that the APC, as an inter-governmental consultative forum in the Asia-
Pacific region, plays an important role in addressing the challenges concerning refugees, migrants and displaced persons. It enables members informally to exchange views, experiences and practices in a comprehensive manner, and provides a platform in the identification of appropriate solutions to refugee issues and better practices of migration management.
29. APC delegates expressed their appreciation and gratitude to the People’s Republic of
China and the Office of the United Nations High Commissioner for Refugees for hosting the Asia-Pacific Intergovernmental Consultations Workshop on Capacity Building and
Regional Co-Operation in Today’s Complex Migratory Context.
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