Session 3: Introduction to Durable Solutions for

Refugees and Global Responsibility sharing

Department of Law, University of Dhaka

Date 20 September 2023
 Agenda
AGD Approach

Refugees with Special Needs

Durable Solutions

Global Response Sharing

How does UNHCR ensure protection?
Age, Gender, Diversity Mainstreaming (AGDM)

Community Based Protection (CBP)

Human Rights Based Approach (HRBA)

Accountability to the Affected Person (AAP)

UNHCR AGD Approach
• Integrating age, gender and diversity sensitive analysis and
action into all organisational practices, policies and
programmes in order to enhance field impact

• Programming targeted actions to specifically address

protection gaps and ensure gender equality and the
equitable protection of all persons of concern to UNHCR.

• UNHCR undertakes the following core actions-

1. AGD-Inclusive Programming
2. Participation and Inclusion
3. Communication and Transparency
4. Feedback and Response
5. Organizational Learning and Adaptation
6. Gender Equality and Commitments to Women and Girls
Refugees with Special Needs
 GBV Definition
Against a
Gender-based violence refers to Person's
Will
any act perpetrated against a
person’s will based on gender Inflicts Unequal
norms and unequal power Harm Power

relationships. It encompasses GBV

threats of violence and coercion.
It inflicts harm on women, girls, Gender
Violence
men and boys. Norms
Root Causes and Contributing Factors of GBV

Root Causes Contributing Factors

• Deeply Rooted • Poverty
Gender Norms • Cultural Practices
• Unequal Power • Religion
Relationship • War/ Conflict
• Forced Displacement
 GBV During Life Stage

GBV in displacement cycle

Prior to Displacement→ During flight → During displacement → Durable solution
 Forms and Types of GBV
• Physical • Rape
• Child marriage
• Sexual
• Domestic violence
• Emotional/ Psychological • Survival sex
• Denial of Access to Resources • Trafficking
• Slavery
and Services
• Sexual Exploitation
• Female Genital Mutilation
• Confinement
• Violence based on Sexual
Orientation
 Rights Violation
SGBV Instances Rights
Rape The right to liberty, security of person, and freedom from slavery. Being trafficked also
contravenes one’s right to physical and mental health, and potentially to the right to
education.
Sexual Exploitation The right to live free from discrimination, and the right to equality, including equal protection
of the law.
Violence based on The right to cultural, political and public participation; the right to an education; equal access
sexual orientation to public services; the right to live free from discrimination.

Confinement The right to human dignity and physical integrity.

Domestic Violence The right to freedom from torture, or cruel, inhuman, or degrading treatment or punishment,
the right to life.
FGM The right to life and the right to equality, including equal protection of the law.
Trafficking The right to the highest attainable standard of physical and mental health.
Human Rights & International Legal Framework on GBV
International Legal Framework
• International human rights law
• International humanitarian law
• International criminal law
• International refugee law
• United Nations Security Council
resolutions
• Other United Nations-sanctioned
principles, resolutions and declarations
(including Guiding Principles on
Internal Displacement)
Regional Legal Framework
• Organization of the Islamic Conference (OIC)
Covenant on the Rights of the Child in Islam (2005)
• Protocol to the African Charter on Human and
People’s Rights on the Rights of Women in Africa
• (Maputo Protocol, promoting African Women’s
Rights and calling for an end to FGM/C) (2003)
• The South Asian Convention on Preventing and
Combating Trafficking in Women and Children for
Prostitution (2002)
• The Inter-American Convention on the Prevention,
Punishment and Eradication of Violence against
Women (1994)
• Council of Europe Convention on Preventing and
Combating Violence against Women and Domestic
Violence (2014)
What National Legal Framework
on GBV We Have In
Bangladesh?
GBV Prevention
GBV Response
 Refugees HIV/ AIDS
10 Key Points on HIV/AIDS and the Protection of Refugees, IDPs and
Other Persons of Concern
1. Provision of Voluntary Counselling and
Testing (VCT)
2. Non-Discrimination
3. Access to HIV and AIDS Health Care
4. Access to Asylum Procedures and
Protection from Expulsion and
Refoulement
5. Protection from Arbitrary Detention and
Unlawful Restrictions on Freedom of
Movement
6. Respect for Confidentiality and Privacy
7. Freedom from Mandatory Testing
8. Access to Durable Solutions
9. HIV-related protection needs of women,
girls and boys
10. Access to HIV information and education
 Refugees with Disabilities
Guiding Principals Persons with disabilities include those
• Rights Based Approach with long term physical, mental,
intellectual or sensory impairments
• Inclusion which, in interaction with various
• Participation barriers, may hinder their full and
effective participation in society on an
• Non-Discrimination equal basis with others.

Cross-Cutting Action
• Change attitudes about Disability and promote respect for diversity
• Improve identification and data collection
• Make all facilities physically accessible
• Ensure accountability mechanisms are inclusive
• Prevent and respect to violence and abuse
• Build links with organizations of persons with disabilities and other national and local actors
• Promote attainment of comprehensive solutions
Unaccompanied/ Separated Children
Comprehensive Approach
• Preserving Family Unity
• Tracing and Family Reunification
• Care Arrangements
• Durable solutions
• Promoting children's rights
Durable Solutions
Solutions: the Ultimate Goal
We work to protect and assist
refugees, but our ultimate goal
is to find solutions that allow
them to rebuild their lives.
Solutions:
• Voluntary Repatriation
• Resettlement
• Complementary Pathways
• Local Integration
Legal Sources
Preamble of the 1951 Refugee Convention
Article 1 C (1-6) cessation clauses
Article 1 E- local integration
Article 34- naturalization

– Article 13 (2) UDHR

– Article 12 (4) of the ICCPR
– Article 5 (d) (ii) Int. Convnt. On the Elimination of all
Forms of Racial Discrimination

Related to the right of return is the right to nationality and a

number of other rights including right to life, liberty and security
of person, freedom of movement, livelihoods, education and so
on.
Voluntary Repatriation: what role does UNHCR play?

– promotion of solutions: resolve the root causes of displacement

– promotion of repatriation: situation assessment, info campaign
– Facilitation: providing material assistance
Voluntary Repatriation:
Role of Host Countries Is obliged to continue to treat refugees according to internationally
accepted standards as long as they are on its territory.

Is bound by the fundamental principle of non-refoulement not to return

refugees in any manner whatsoever to territories, or to the frontiers of
territories, where their life or freedom would be threatened.

Should contribute to the promotion of voluntary repatriation as a

durable solution

Should respect the leading role of UNHCR in promoting, facilitating

and coordinating voluntary repatriation

Should allow UNHCR to ascertain the voluntary character of the

repatriation, with regard to individual refugees and with regard to large-
scale movements.

Should facilitate arrangements and UNHCR's involvement in them,

for ensuring that accurate and objective information on conditions in the
country of origin is communicated to the refugees.
Voluntary Repatriation: Role
of the Country of Origin
Allow its nationals to return in safety and with dignity

Take all measures to ensure the restoration of full national protection.

Provide repatriating refugees with the necessary travel documents, entry

permits, and any other documentation required for return.

Where refugees have lost their nationality, the country of origin should
arrange for its restoration as well as for its granting to children born
outside the territory and, as appropriate, to non-national spouses.

Seek lasting solutions to refugee problems, inter alia by assuming

responsibility for the elimination of root causes of refugee flows and
the creation of conditions conducive to voluntary return and
reintegration. It should provide full support to the efforts of UNHCR and
other actors to the same end.

Ensure UNHCR’s direct and unhindered access to all returning refugees

in order to monitor their situation, in particular the fulfilment of any
amnesties, guarantees or assurances provided by the country of origin
which may have played a part in the refugees' decision to return.
 Exercise
Watch the video and find out the key messages

https://www.youtube.com/watch?v=5Gwh4RiqUes&list=PLtPw-Y91GlmXPnEMDOrlZTC14iiNUUasb&index=1
Reintegration principles and practices
• National responsibility and ownership
• Rights, justice and reconciliation
• Participatory and community-based approaches
• Situation analysis
• Early preparation and planning
• Pragmatism and flexibility
• Recovery programmes and funding
• Involvement of development actors, national and
local authorities (assessment, planning and
prioritisation)
• No rigid distinction between short-
term humanitarian relief and longer-term
development initiatives
• Adopt a community, area-based and the
'whole-of-society' approach in reintegration
Lessons learned:
A number of important lessons were learned from these
experiences.
– Need for development actors, including national and local
authorities, to be involved the process of assessment, planning
and priority setting from the earliest stage of a reintegration
programme.

– Fallacy of making a rigid distinction between short-term

humanitarian relief and longer-term development initiatives.

– The importance of adopting a community and area-based

approach to reintegration incorporating returning refugees,
former IDPs and members of the resident population.
 Resettlement

Selection & transfer of

refugees from an asylum
country to another state that
has agreed to admit them
and ultimately grant them
permanent settlement

© UNHCR/Paula Bronstein
What is the role of a resettlement State?
Governments have the essential role
of establishing and maintaining
effective resettlement programmes,
including selection, pre-departure and
post-resettlement mechanisms.

Resettlement States provide the

refugee with legal and physical
protection, including access to civil,
political, economic, social and cultural
rights similar to those enjoyed by
nationals.
https://www.youtube.com/watch?v=deLeYoYKMyw
2022 Global Figure: Return and Resettlement

• 339,300 refugees voluntarily returned to 38 countries

of origin, a decrease of 21 % compared to 2021
• Canada received the largest number of resettlement
arrivals (47,600 refugees), followed by US (~29,000)
• At least 5.7 million internally displaced persons are
estimated to have returned to their place of origin

Source: https://www.unhcr.org/global-trends-report-2022
Solutions: Complementary Pathways

Complementary pathways for admission

are safe and regulated avenues for
refugees that complement resettlement
by providing lawful stay in a third country
where their international protection needs
are met.

Complementary pathways include existing

admission avenues that refugees may be
eligible to apply to, but which may require
operational adjustments to facilitate
refugee access.
Who answers first?
How are refugees
identified and
selected for
resettlement?
Who qualifies for
resettlement?

How quickly must

States make
resettlement
decisions?
What should be the
principles guiding What are some of the
resettlement criteria? complementary
pathways?
Solutions: Local
Reintegration
• Another alternative for those who are unable
to return home is integration in the host
country.

• This is often a complex process which

places considerable demands on both the
individual and the receiving society.

• However, it also has benefits, allowing

refugees to contribute socially and
economically. Over the past decade, 1.1
million refugees around the world have
become citizens in their country of asylum.
Global Responsibility Sharing
Global Compact on Refugees
We will discuss:
1. What is the Global Compact on Refugees (GCR)?

2. How did it come about?

3. What is the Global Forum on Refugees?

4. Why does it matter?

Global trends (as of 31 Dec 2022)
# of people forcibly displaced worldwide
✓ 108.4 million
# of refugees worldwide
✓ 35 million
% hosted in low and middle-income countries
✓ 76%
% hosted in neighboring countries
✓ 70%
52% globally originated from just three countries
✓ Syria (6.5 m), Afghanistan (5.7 m) and Ukraine (5.7 m)
% hosted in the Asia Pacific region
✓ 20%
Over 90% hosted in just 3 countries in Asia Pacific region
✓ Iran (3.4 m), Pakistan (1.7 m) and Bangladesh (1 m)
Protracted Refugee situations
• More than 5 consecutive years
• State of limbo
• Life may not be at risk but basic rights,
and essential economic, social and
psychological needs remain unfulfilled.
• Perpetuating poverty
• Negative coping mechanism
• Funding challenges (“donor fatigue”,
“plastic sheeting syndrome”)
• Extraordinary pressure on host
communities
 GLOBAL RESPONSIBILITY SHARING
• On 19 September 2016 the United Nations General Assembly adopted a set of
commitments to strengthen the manner in which international community responds to
large movements of refugees and migrants.

• These commitments, unanimously endorsed by 193 United Nations Member States, are
contained in the New York Declaration on Refugees and Migrants.

• The New York Declaration sets out:

• A shared international responsibility © UNHCR/Annie
Sakkab
• Humane, sensitive and people-centred management of large refugee and migrant
movements
• Complex nature of population movements and complementarity of refugee protection
and migration management mechanisms
• Global Compact on Refugees – Comprehensive Refugee Response Framework
• Global Compact for Safe, Orderly, and Regular Migration
 GCR OVERVIEW

➢ Blueprint for governments, international organizations, and other

stakeholders to ensure that host communities get the support they
need and that refugees can lead productive lives.
➢ Consists of:
– The Comprehensive Refugee Response Framework (CRRF), as
adopted in the 2016 New York Declaration

– A Programme of Action to strengthen application of comprehensive

refugee responses (arrangements, tools, areas in need of support)
 FOUR INTERLINKED AND
INTERDEPENDENT OBJECTIVES
TOOLS FOR BURDEN AND
RESPONSIBILITY SHARING

➢ Multi-stakeholder and
partnership approach

➢ Funding and effective and

efficient use of resources

➢ Data and evidence

Towards the GCR https://www.youtube.com/watch?v=P_9Aq4HuLMM
 GLOBAL REFUGEE FORUM
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© UNHCR/Diana Diaz
 6 AREAS OF FOCUS
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Key Highlights: GRF 2019
o 3,000 participants
o 80+ events, sessions and exhibitions
o 1,400 pledges announced in the lead-up to and
during the GRF
o 350+ Good Practices shared
o Public interest and positive media coverage around
the world
o Unprecedented refugee participation (70+
refugees)
o Launch of the Support Platforms & GCR Initiatives
o 10 Public events across Geneva and a Solidarity
Train
o Launch of GCR Digital Platform
Examples of GRF Pledges
• Members of the global legal community pledged to protect
and find solutions for people forced to flee and to work
collectively to increase the number of displaced people who
have equal access to justice. Among the commitment was
127,000 pro bono hours per year.

• Denmark announced that it will resettle a group of refugees

with serious medical condition in addition to its regular
resettlement programme.

• Government of the Philippines with the support from civil

society will consider education as complementary pathway,
for the most vulnerable refugees from other countries of
asylum.
www.globalcompactrefugees.org
 Let’s Watch a Video!

Source: https://www.youtube.com/watch?v=WvOs0SPKm6k
Thank you!

© Ismail Ferdous, Caritas

Bangladesh