Asia Pacific Regional Protection Framework Dr Savitri Taylor - - PowerPoint PPT Presentation

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Asia Pacific Regional Protection Framework Dr Savitri Taylor - - PowerPoint PPT Presentation

Possibilities for an Asia Pacific Regional Protection Framework Dr Savitri Taylor APCRR3 presentation 26 November 2010 . Introduction The Australian Proposal East Timor processing centre The wider framework Protection-Centred


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Dr Savitri Taylor APCRR3 presentation 26 November 2010

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Possibilities for an Asia Pacific Regional Protection Framework

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Introduction

The Australian Proposal

  • East Timor processing centre
  • The wider framework

Protection-Centred Cooperation Equitable Burden Sharing Getting from Here to There

  • Bilateral, regional & international levels
  • Working from the inside out

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The Australian Proposal

29 September 2008 – 6 July 2010 Arrival in Australia of 142 “suspected irregular entry vessels” carrying approx. 6,400 asylum seekers

Nationality Number (excl. deceased) Afghans 3349 Sri Lankans 1091 Iraqis 389 Other (Iranians, Burmese etc.) 1563 Total 6397

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The Australian Proposal

“The purpose would be to ensure that people smugglers have no product to sell. A boat ride to Australia would just be a ticket back to the regional processing centre. It would be to ensure that everyone is subject to a consistent, fair, assessment process. It would be to ensure that arriving by boat does not give anybody an advantage in the likelihood that they would end up settling in Australia or other countries of the region.” (Prime Minister Julia Gillard,

“Moving Australia Forward”, speech delivered at the Lowy Institute, Sydney, 6 July 2010)

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The Australian Proposal

According to Australian government, Regional Protection Framework is about regional countries taking “collective responsibility for displaced persons in the region” by ensuring access to:

  • Effective protection and
  • Sound RSD

followed by:

  • Resettlement for refugees
  • Safe return home for others

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East Timor Processing Centre

East Timorese conditions (accepted by Australia):

  • Centre must be part of a regionally endorsed

protection framework

  • UNHCR and IOM must be involved
  • Individuals already found to be refugees (e.g. by

UNHCR in Indonesia) will not be taken to the Centre

  • Asylum seekers taken to the Centre will not be

held in closed detention Additional Australian commitment:

  • Centre will be of benefit to East Timor

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East Timor Processing Centre

What remains to be resolved: Size of the centre (Australian ask: between 500 and 2000 asylum seekers) Site of the centre (possible disputes over land

  • wnership) and living conditions of asylum seekers

(disparity with local living conditions may cause conflict) Length of time an individual is held at the centre (East Timor ask: maximum 3 years) Life span of the centre (Australian ask: 10 years to indefinite)

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The Wider Framework

  • From Australian perspective, key element of a regional

protection framework is a processing centre or centres

  • utside Australia (not necessarily in East Timor).
  • Apart from Australia and East Timor, parties to the

Refugee Convention or Protocol in “Asia & the Pacific” as defined for UNHCR operational purposes are:

– Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan (in Central Asia NB Not Bali Process countries) – China, Fiji, Japan, New Zealand, PNG, Samoa, Solomon Islands South Korea, Tuvalu (in East Asia and the Pacific) – Cambodia, Philippines (in South East Asia) – Afghanistan, Iran (in South West Asia) – NB South Asia is also included in “Asia & the Pacific” as defined by UNHCR but has no parties to the treaties specified.

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The Wider Framework

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The Wider Framework

legal & physical protection needs 39% lack of local integration prospects 32% survivor of violence & torture 17% woman at risk 8% medical needs 3% other 1%

UNHCR submissions by criteria 2009

Other Family reunification Older refugees Children & adolescents

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The Wider Framework

24 countries provide annual refugee resettlement places*:

  • Australia (6,000), Japan (pilot of 90 over 2010-2012),

New Zealand (750) in Asia & the Pacific

  • Argentina (8 in 2009), Brazil (30 in 2009), Canada

(11,200 - 14,000), Chile (66 in 2009), Paraguay (0 in 2009), Uruguay (14 in 2009), USA (80,000) in Americas

  • Bulgaria (from 2011), Czech Republic (17 in 2009),

Denmark (500), Finland (750), France (100), Iceland (30), Ireland (200), Netherlands (500), Norway (1,200), Portugal (26 in 2009), Romania (40), Spain (75), Sweden (1,900), UK (750) in Europe. A few other countries provide resettlement places on an ad hoc basis.

(*2011 quota unless otherwise stated. NB quotas aren’t necessarily filled) 11

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The Wider Framework

50000 100000 150000 200000 250000 300000 350000 A x i s T i t l e Resettlement need vs departures in 2009

Resettlement need UNHCR processing capacity Resettlement departures

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Protection-Centred Cooperation

Asia Pacific 37% Europe 16% Middle East & North Africa 19% Americas 8% Rest of Africa 20%

Refugee population by region end 2009

Asia Pacific Central Asia East Asia & Pacific South Asia SE Asia SW Asia

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Protection-Centred Cooperation

Sound RSD, effective protection pending a durable solution, and a durable solution within a reasonable time for every refugee within the jurisdiction of a cooperating state, with costs of providing all of the above equitably distributed between cooperating states.

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Equitable Burden Sharing

All Others Afghanistan, Australia, Bhutan, Brunei, Burma, Cambodia, Cook Islands, East Timor, Fiji, Federated States of Micronesia, French Polynesia, Indonesia, Japan, Kazakhstan, Kiribati, Kyrgyzstan, Laos, Malaysia, Maldives, Marshall Islands, Mongolia, Nauru, Nepal, New Caledonia, New Zealand, Niue, North Korea, Palau, PNG, Philippines, Samoa, Singapore, Solomon Islands, South Korea, Sri Lanka, Tajikistan, Thailand, Tonga, Turkmenistan, Tuvalu, Uzbekistan, Vanuatu, Vietnam

Asia Pacific refugee population by country end 2009

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Equitable Burden Sharing

Country Refugees to GDP (PPP) per capita Refugees to 1000 inhabitants Refugees to 1000 km2 Australia 0.6 1.1 2.9 Pakistan 745.1 9.6 1985.1 Bangladesh 163.9 1.4 1670.9 Nepal 100.6 3.7 736.5 Iran 98.6 14.4 659.5 India 67.3 0.2 58.6 China 51.1 0.2 32.1 Thailand 13.0 1.6 203.7 PNG 5.0 1.4 20.9 Malaysia 4.7 2.4 199.7

Indicators of asylum burden 2009

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Equitable Burden Sharing

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Expense 2009-10 2010-11 budget Initiatives to address the situation of displaced persons 6,483,000 6,816,000 Regional cooperation & capacity building 28,879,000 27,170,000 Management & care of irregular migrants in Indonesia 5,000,000 3,031,000 UNHCR core funding 14,300,000 16,000,000

Australian Government Protection Support

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Equitable Burden Sharing

Three ways of equitably reallocating asylum burden: 1) People transfers 2) Financial transfers 3) Some combination of 1) & 2)

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Getting from Here to There: Bilateral

Australia envisages the Regional Protection Framework as “an interlocking series of arrangements” building on existing arrangements such as those Australia already has with Indonesia, PNG and East Timor. Key countries are those through which asylum seekers travel to reach Australia, e.g. Cambodia, Indonesia, Malaysia, Thailand, Vietnam and other countries in Indochina.

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Getting from Here to There: Regional

“Bali Process Countries”: – Australia, China, Fiji, France [New Caledonia], Hong Kong SAR, Japan, Kiribati, Macau SAR, Mongolia, Nauru, New Zealand, North Korea, Palau, PNG, Samoa, Solomon Islands, South Korea, Tonga, Vanuatu (East Asia and the Pacific) – Bhutan, India, Maldives, Nepal, Sri Lanka (South Asia) – Bangladesh, Brunei, Burma, Cambodia, East Timor, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand, Vietnam (South East Asia) – Afghanistan, Iran, Pakistan (South West Asia) – Iraq, Jordan, Syria, Turkey (Western Asia NB excluded from UNHCR’s operational definition of “Asia & the Pacific”) “Bali Process Steering Group”: Australia and Indonesia (co-chairs), New Zealand (coordinator of Regional and International Cooperation on Policy Issues and Legal Frameworks activities), Thailand (coordinator

  • f Regional and International Cooperation on Policy Issues and Law

Enforcement activities), IOM and UNHCR.

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Getting from Here to There: Regional

“Other Participating Countries” (observer status): Austria, Belgium, Canada, Denmark, European Commission, Finland, Germany, Italy, Netherlands, Norway, Poland, Romania, Russian Federation, South Africa, Spain, Sweden, Switzerland, UK, USA “Other Bali Process Organisations” (observer status): Asian Development Bank (ADB), Asia Pacific Consultations on Refugees Displaced Persons and Migrants (APC), International Centre for Migration Policy Development (ICMPD), International Committee of the Red Cross (ICRC), International Federation of Red Cross and Red Crescent Societies (IFRC), Intergovernmental Consultations on Migration Asylum and Refugees (IGC), International Labour Organization (ILO), International Criminal Police Organization (Interpol), United Nations Development Programme (UNDP), United Nations Office on Drugs and Crime (UNODC), World Bank.

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Getting from Here to There: Regional

CO CHAIRS' STATEMENT, THIRD BALI REGIONAL MINISTERIAL CONFERENCE 14-15 APRIL 2009

“18. Ministers, while acknowledging that this Conference had not been convened to deal directly with the issue, noted that they would use their best endeavours to deal with the issues of refugees, particularly those based on humanitarian grounds. Ministers reaffirmed that nothing in this statement was intended to prejudice the legitimate rights of genuine refugees to seek and enjoy asylum in accordance with relevant UN Conventions and Protocols to which States are party, national law and practices….

  • 21. Ministers noted that all countries, including origin, transit and destination

countries, according to their national laws and national policies, could use their endeavours to play a part in ensuring protection and in finding solutions for refugees, while providing for return in a dignified and humane manner for those found not to be refugees. Indeed, for return to be sustainable, mobilization of international support and cooperation would be required. Ministers recognised that improving the availability of comprehensive and sustainable solutions for refugees might reduce the pressure for onward secondary movement and thereby complement the international community’s efforts comprehensively to combat people smuggling, trafficking in persons and related transnational crime.”

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Getting from Here to There: Regional

Co Chairs' Statement, Third Bali Regional Ministerial Conference 14-15 April 2009 “26. Noting the persistence of current situations concerning the irregular movement of people in the Asia-Pacific region, Ministers considered that the Bali Process was well positioned to assist affected countries upon request. To this end, Ministers agreed that the Ad Hoc Group (AHG) mechanisms used during the establishment phase of the Bali Process be retasked to develop regional responses to these current challenges…

  • 28. The AHG would have the following terms of reference: (a) to

develop practical outcomes at the operational level to assist countries to mitigate increased irregular population movements; (b) to enhance information sharing arrangements between most-affected countries; and (c) to report to Co-Chairs through the Steering Group with concrete recommendations to inform future regional cooperation on people smuggling and trafficking in persons.”

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Getting from Here to There: Regional

Co Chairs’ Statement First Ad Hoc Group Meeting, Bali Process, 27-29 July 2009 “13.The Meeting welcomed the proposal to establish a sub-group, or cluster, of affected countries of the Ad Hoc Group to better focus immediate efforts to coordinate regional responses to specific caseloads of irregular migrants. The cluster would provide a practical approach to cooperative engagement to address root causes of irregular migration and provide a forum for intelligence and information sharing, border immigration management, law enforcement and legal

  • cooperation. While acknowledging the importance of targeted regional

engagement, the Meeting recommended that the cluster be open- ended and self-selecting to ensure the participation of interested members of the Bali Process [Ad Hoc Group]. The first caseload to be considered by the cluster will be the irregular movement of Sri Lankans. The Co-Chairs will support the efforts of key affected countries to establish the initial membership of the cluster. The Meeting noted that additional clusters could be established in the future.”

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Getting from Here to There: Regional

14 - 15 December 2009: Ad Hoc Group: Cluster Group Meeting, Perth. 7 - 8 June 2010: Ad Hoc Group Workshop on Protection, Resettlement and Repatriation, Bali. 10 - 11 June 2010: Third Meeting of the Ad Hoc Group Senior Officials, Bali 22 – 23 November 2010: Workshop on Regional Cooperation on Refugees and Irregular Movements", Manila (Co-Hosted by the Government of the Philippines and UNHCR) 23 - 24 November 2010: Technical Workshop on Repatriation and Reintegration Assistance, Manila (Co-Hosted by the Government of the Philippines and IOM)

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Getting from Here to There ASEAN East Asia Summit EXCOM Etc Etc

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Getting from Here to There

Working from the inside out If we treat state preferences as given, we are highly unlikely to achieve a regime under which every person in need of international protection receives it in full measure. If we want to achieve a regime under which all refugees are adequately protected, we need to change state preferences. In order to do that, civil society needs to work on transforming attitudes within states.

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Thank You Written paper available on request (s.taylor@latrobe.edu.au)

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