Position Paper 

 
 
 
 
Committee: UNHRC  
Portfolio:France  
 
Reaffirming ​the Universal Declaration of Human Rights, which proclaims that “ all human beings are 
born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set out 
therein, without distinction of any kind, in particular as to race” 
 
● France fully endorses the Convention of 1948 which was adopted by the UN . It states a single 
definition of the term “refugee” in Article 1. The emphasis of this definition is on the protection 
of persons from politi- cal or other forms of persecution. A refugee, according to the Convention, 
is someone who is unable or unwilling to return to their country of origin owing to a 
well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a 
particular social group, or political opinion. 
 
 
The Convention is both a status and rights-based instrument and is underpinned by a number of 
fundamental principles, most notably nondiscrimination, non penalization and non-refoulement. 
Convention provisions, for example, are to be applied without discrimination as to race, religion or coun 
try of origin .   
 
The Convention further stipulates that, subject to specific exceptions, refu- gees should not be penalized 
for their illegal entry or stay. This recognizes that the seeking of asylum can require refugees to breach 
immigration rules. Prohibited penalties might include being charged with immigration or crim- inal 
offences relating to the seeking of asylum, or being arbitrarily detained purely on the basis of seeking 
asylum.  
 
The Convention contains various safeguards against the expulsion of refugees. The principle is so 
fundamental that no reservations or derogations may be made to it. It provides that no one shall expel or 
return (“refouler”) a refugee against his or her will, in any manner whatsoever, to a territory where he or 
she fears threats to life or freedom. If this is not the case the “refugee” will immediately be deported or 
black listed from the country .  
 
 
 
● The Convention does not however apply to all persons who might otherwise satisfy the definition 
of a refugee in Article 1. In particular, the Convention does not apply to those for whom there are 
serious reasons for considering that they have committed war crimes or crimes against humanity, 
 serious non-political crimes, or are guilty of acts contrary to the purposes and principles of the 
United Nations. France takes these offences quite seriously, and will not stand for it .  
 
● The Convention also does not apply to those refugees who benefit from the protection or 
assistance of a United Nations agency other than UNHCR. Considering the difficult and inhuman 
conditions the refugees have to pass through. It would be fair that they are not disqualified from 
availing the benefits from other UN agencies in addition to UNHCR  
 
● Refugees from Palestine who fall under the auspices of the United Nations Relief and Works 
Agency for Palestine Refugees in the Near East (UNRWA). Nor does the Convention apply to 
those refugees who have a status equivalent to nationals in their country of asylum. 
 
 
● Under the Convention and Protocol, there is a particular role for UNHCR. States undertake to 
cooperate with UNHCR in the exercise of its functions UNHCR is tasked with, among others, 
promoting international instruments for the pro- tection of refugees, and supervising their 
application.Finally, the Convention lays down basic minimum standards for the treat- ment of 
refugees, without prejudice to States granting more favourable treat- ment. Such rights include 
access to the courts, to primary education, to work, and the provision for documentation, 
including a refugee travel document in passport form.  
 
● European refugee fund  
 
 
All EU countries except for Denmark participate in the ERF. The Fund is implemented by EU 
countries through shared management. This means that each EU State implements the Fund 
through ​national annual programmes​ on the basis of ​multiannual programming.  
 
France fully endorse the ERF co-finances actions, such as: 
 
 
▪ improvements of reception accommodation infrastructures or services 
▪ structures and training to ensure access to asylum procedures 
▪ legal and social assistance for asylum seekers, refugees 
▪ measures to support the empowerment of and acquisition of skills by refugees, 
including language training 
▪ resettlement or relocation (i.e. intra-EU transfer ) operations, etc. 
 
 
 
 
France is paying a large amount consistently as well as donating to other agencies such as the 
AMIF .​These programmes are prepared, implemented, monitored and evaluated by EU countries in 
 partnership with other designated authorities and bodies. These programmes are drawn up on the basis 
of strategic guidelines defined at EU level. Up to 50 % of the cost of the actions can be co-financed by 
the Funds. 
 
 
France highly contributes to the AMIF ​This Fund will also provide financial resources for the 
activities and future development of the European Migration Network (EMN).  
 
EMN aims to respond to EU institutions' and to EU State authorities' and institutions' needs for 
information on migration and asylum by providing up-to-date, objective, reliable and comparable data, 
with a view to supporting policy-making. 
 
● Promotes the the actions of the AMIF and EMN such as:  
 
● Asylum: strengthening and developing the common European asylum system by ensuring 
that EU legislation in this field is efficiently and uniformly applied; 
● Legal migration and integration: supporting legal migration to EU States in line with the 
labour market needs and promoting the effective integration of non-EU nationals; 
● Return: enhancing fair and effective return strategies, which contribute to combating irregular 
migration , with an emphasis on sustainability and effectiveness of the return process; 
● Solidarity: making sure that EU States which are most affected by migration and asylum 
flows can count on solidarity from other EU States. 

 
 
Calls all EU countries​, specifically Denmark, to ​provide up-to-date, objective, reliable and comparable 
information on migration and asylum with a view to supporting policymaking in the European Union.  
 
 
 
​France fully supports the actions of the The European Migration Network is an EU network of migration 
and asylum experts who work together to provide objective, comparable policy-relevant information. 
 
● The EMN Steering Board provides strategic guidance on EMN activities. It is chaired by the 
European Commission and consists of one representative from all Member States, as well as 
observers from the European Parliament and Norway. 
 
 
 
 
 
Urges all EU countries to keep aside Special financial incentives ​for EU States for the AMIF to 
support the Union Resettlement Programme, including with focus on common Union priorities. A 
 similar financial mechanism is foreseen for the transfer of beneficiaries of international protection 
from an EU State with high migratory pressure to another. 
 
​France believes the largest share of the total amount of the AMIF (approximately 88%) will be channeled 
through ​shared management​. France urges all EU States to implement their multiannual National Programmes 
immediately . ​These programmes are prepared, implemented, monitored and evaluated by the responsible 
authorities in EU States, in partnership with the relevant stakeholders in the field, including civil society. 
 
 
● Urges concrete actions​ to be funded through this instrument can include a wide range of 
initiatives, such as the improvement of accommodation and reception services for asylum seekers, 
information measures and campaigns in non-EU countries on legal migration channels, education 
and language training for non-EU nationals, assistance to vulnerable persons belonging to the 
target groups of AMIF, information exchange and cooperation between EU States and training for 
staff on relevant topics of AMIF.  
 
 
Regarding the Covid-19 Pandemic  
 
France firmly believes that the virus is a threat and not the people who are helpless  
 
Mobile and displaced populations are more likely to reside in overcrowded households, informal 
dwellings, or even camps. In humanitarian and crisis-impacted contexts specifically, including groups 
impacted by the adverse effects of climate change and environmental degradation, people in camps or 
camp-like settings – where capacity, resources and access to services are limited yet humanitarian needs 
remain – are highly vulnerable to contracting infectious disease, in conditions where viruses can more 
easily spread. Others may be some of the hardest populations to reach and monitor, yet most ill-equipped 
to protect themselves against infection. 
 
 

● Migrants are furthermore likely to be employed in daily-wage, short-term, or precarious work in the 
informal economy often with limited provision for, or fear of seeking access to, social protection, 
adequate food, housing, health and social services. Many face increasing situations of loss of 
employment and wages, health vulnerability and protection risks, exclusion and discrimination. Risks 
of tensions and conflict between migrants and the communities in which they reside could be further 
exacerbated due to livelihood collapse or decline as well as increased pressure on basic services. 

● Acknowledging t​ he relevant contribution of the International Convention on the Protection of the 

Rights of All Migrant Workers and Members of Their Families to the international system for the 
protection of migrants 
  

● Recalling ​the outcome document of the United Nations Conference on Sustainable Development, 
entitled “The future we want”,11 in which States are called upon to promote and protect 
effectively the human rights and fundamental freedoms of all migrants regardless of migration 
status, especially those of women and children, and to address international migration through 
international, regional or bilateral cooperation and dialogue and a comprehensive and balanced 
approach, recognizing the roles and responsibilities of countries of origin, transit and destination 
in promoting and protecting the human rights of all migrants and avoiding approaches that might 
aggravate their vulnerability.  

 
 
Women and girls are at increased risk of sexual and gender-based violence (SGBV), abuse and exploitation. 
In the long term, this could result in diminished avenues for safe, regular and orderly migration, further 
exacerbating health and security risks, including exposure to human traffickers and smugglers. 

● Recognizing t​ hat women represent almost half of all international migrants, and in this regard 
recognizing also that women migrant workers are important contributors to social and economic 
development in countries of origin and destination, and underlining the value and dignity of their 
labour, including the labour of domestic workers, 

● France is planning to relax regulations to take account of the situation, including offering visa 
extensions, temporary stay, moratoriums on return and extending access to basic services for 
migrants irrespective of immigration status. Nonetheless, it has become harder for many migrants 
to remain in compliance with immigration requirements, creating increased risk and vulnerability. 

Bearing in mind ​that policies and initiatives on the issue of migration, including those that refer to the 
orderly management of migration, should promote holistic approaches that take into account the causes 
and consequences of the phenomenon, as well as full respect for the human rights and fundamental 
freedoms of migrants, 

● Identifying and responding to the barriers that prevent or make it difficult for migrants to 
contribute to COVID-19 response and recovery, such as promoting skills recognition (for 
example, as part of the essential services workforce), engaging with the diaspora, and supporting 
mechanisms for remittance transfer. 
● Support to States, in cooperation with other key stakeholders, in reviving and setting labour 
mobility mechanisms to aid both origin and destination States, communities and migrants 
themselves in the recovery process. 
 

● Promote decent work and the protection of migrant workers in business operations and supply 
chains. This includes support to governments, the private sector and civil society, to address 
exploitation and abuse, including human trafficking. 

● Ensure that necessary assistance and protection are provided to vulnerable migrants, including 
displaced persons, and take measures to promote social cohesion and reduce risk of conflict. 

● Full inclusion and social cohesion of migrants and societies through evidence-based public 
discourse, communication and information campaigns to dispel fears and misconceptions. 

● Expanding risk communication and community engagement activities to leverage community 

networks to ensure public health information is communicated in accessible, culturally and 
linguistically appropriate ways to the most vulnerable, including migrants and displaced 
populations, regardless of status. 

● Deploying mental health and psychosocial support services, as well as delivery of psychological 
first aid and training to front-line health-care staff and other service providers.