EXECUTIVE COMMITTEE OF THE
HIGH COMMISSIONER’S PROGRAMME
STANDING COMMITTEE
53rd Meeting
13-15 March 2012
Agenda Item 3. a) ii.
This statement has been drafted in consultation with, and is delivered on behalf of, a wide range of NGOs and attempts to reflect the diversity of views within the NGO community.
Mr. Chair,
NGOs are deeply concerned by the continued lack of protection for refugees in most parts of the Asia Pacific region. This lack of protection is characterised by rights violations such as arbitrary arrest and detention, no right to work, and limited or no access to health services, education and vocational training opportunities. Refugees also face lengthy registration and refugee status adjudication procedures. NGOs once again call on States to protect and not violate these rights, to seek alternatives to detention, and to provide refugees with legal aid, psychosocial support, cultural orientation, and community integration options.
Ratification of the Refugee Convention and introduction of national refugee legislation
NGOs note with continuing concern that only 26 of the 61 countries located in the Asia and Pacific region are State parties to the 1951 Refugee Convention and/or its 1967 Protocol. NGOs call on governments to ratify these treaties and to ensure the protection of refugees and stateless persons.
Regional human rights bodies
NGOs encourage the Intergovernmental Commission on Human Rights (AICHR) of the Association of Southeast Asian Nations (ASEAN) to draw Member States’ attention to the protection of the human rights of migrants and refugees. We also call on ASEAN Member States individually and collectively to respond positively to these recommendations and ensure protection of refugees and stateless persons in the region.
Regional Cooperation Framework (adopted at the Bali Process)
The Regional Cooperation Framework (RCF) has been adopted by the Bali Process in 2011, with the aim to respond to mixed and irregular movements more effectively. NGOs believe that meaningful regional cooperation requires States to adopt a rights-based approach, addressing conditions and concerns in the source and (now) transit countries for refugees. NGOs reiterate that the development of a constructive and sustainable RCF can contribute to resolving the complex protection challenges in the Asia-Pacific region.
NGOs support the proposal to establish a regional support office to advance the development of the RCF. However, NGOs highlight that a RCF needs to be a collaborative effort by a broad range of actors including UN agencies, National Human Rights Commissions, Regional Human Rights Organisations, and NGOs. NGOs reiterate the need for clear guidelines on the operationalisation of the RCF and how it can encourage non-signatories to accede to the existing international refugee law instruments and incorporate them into national laws.
