Oral Statement by the Canadian Council of Churches and MCCGeneva, April 2003 Honourable Chair, distinguished delegates; The Churches [in Canada] welcome this opportunity to address the Commission on Human Rights on the situation of refugees and asylum seekers. Refugees are clearly linked to human rights. Most refugees are forced to flee because of human rights violations. They flee to save their lives, and because they have the right to seek and enjoy asylum from persecution, according to the Universal Declaration of Human Rights. Durable solutions for refugees, whether in their country of origin or country of asylum, are dependant on respect for human rights and the prevention of future violations. The Commission's resolution on Human Rights and Mass Exoduses has focused on the human rights violations in countries of origin which give rise to the mass exodus of people. But refugees and asylum seekers also have human rights which must be protected after they flee. A refugee is entitled to unique rights to ensure his or her protection. The Universal Declaration of Human Rights gives all of us the right to seek and enjoy asylum from persecution. Unfortunately, that promise of asylum has been under threat in a number of ways. Refugees in camps (in countries of asylum) too often endure attacks by bandits, paramilitaries or military groups. Female refugees suffer sexual violence. Lack of food has increased the vulnerability of refugees, especially women and girls who have been forced to trade sex for food. Sexual exploitation has increased, even at the hands of humanitarian personnel. The rule of law is seriously lacking in many refugee camps. Those fortunate to flee and seek asylum elsewhere are facing increasing restrictions on the right to asylum. Interdiction policies are being used more often to prevent asylum seekers from getting in the door of asylum countries. More stringent detention policies include indefinite, mandatory or arbitrary detention. The right to work, or education, is often denied, thereby hampering the ability of refugees to become self-sufficient in starting new lives. The UN High Commissioner for Refugees has a mandate to provide international protection to refugees, and to seek permanent solutions to the problem of refugees. The UNHCR and the Office of the High Commissioner for Human Rights have increasingly worked together on human rights monitoring and promotion, and building institutions which can restore the rule of law. But the UN High Commissioner for Refugees lacks a clear mandate to promote UN human rights treaty standards. Monitoring and promoting human rights for all, including refugees and asylum seekers, is the work of this Commission. Over the years, the mass exodus resolution has had some positive impact. Yet the overall response envisaged by the resolution regarding the human rights of refugees has been woefully inadequate. In particular, the Office of the High Commissioner for Human Rights must do more to articulate steps for appropriate action and follow up, and to report on obstacles to the implementation of the resolution. Twenty-one years ago, in 1982, the Commission considered a report prepared by Sadruddin Aga Khan, who was the Special Rapporteur on Human Rights and Mass Exoduses, and a person of recognized international standing. In his note to the Chair of the 38th Commission he said that "the phenomenon of mass exodus ... is bound to become more serious with time unless imaginative and concrete measures are urgently taken" (E/CN.4/1503). The Commission should revisit the wise counsel of the Aga Khan, and consider concrete measures for addressing the human rights violations of refugees. As [Canadian] Churches that work closely with refugees, we urge the Commission to: 1. Acknowledge that refugees and asylum seekers have human rights which must be protected. 2. Request an analytical report which would compile and analyze the human rights norms relating to refugees and asylum seekers. 3. Request the relevant Treaty Bodies and Special Procedures to give special attention to the human rights of refugees and asylum seekers, and to share information and articulate strategies for improving those rights. 4. Encourage States to implement refugee policies to comply with international human rights obligations, especially related to gender-based violence and gender specific violations of human rights. 5. Insist that the Office of the High Commissioner for Human Rights clearly report on steps taken to implement the resolution and obstacles to its implementation (and appoint a person of recognized international standing to do so, if necessary). 6. Finally, we suggest that the Commission consider renaming the Mass Exodus resolution to be: Human Rights and Refugees.
Thank you.
(The Mennonite Central Committee has prepared a separate written statement on Human Rights and Mass Exoduses, E/CN.4/2003/NGO/228) Top |
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