Written Statement by MCC, a non-governmental organization in special consultative status

E/CN.4/2003/NGO/228
UNITED NATIONS COMMISSION ON HUMAN RIGHTS
Fifty-ninth session
Item 14(c): Specific Groups and Individuals
HUMAN RIGHTS AND REFUGEES
17 February 2003

1. 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 renewed respect for human rights, and the prevention of future violations.
2. Mennonite Central Committee, since its inception in 1920, has focused attention on the plight of refugees. It has provided humanitarian assistance in countries of origin and countries of asylum. It has implemented development programs to assist returning refugees, and initiated programs of conflict resolution in post-conflict societies. And it has assisted thousands of refugees whose most durable solution was resettlement or asylum in countries like Canada and the United States. Yet much of this work would be unnecessary if there was greater respect for the human rights of refugees.
3. A refugee, like everyone else, is entitled to human rights and fundamental freedoms. These must not be denied on the basis of nationality, ethnicity, race, gender, religion, political opinion, or age. In addition, a refugee is entitled to unique rights to ensure his or her protection. In particular, a refugee is entitled to seek asylum from persecution in another country. And within countries of asylum, a refugee is entitled to non-refoulement - they must not be returned to a place where their life or freedom would be threatened. During asylum a refugee is also entitled to a range of other rights, similar to nationals in those countries. These include adequate food, access to education, employment opportunities, and courts of law, and freedom from arbitrary detention.
4. The Commission's resolution on "Human Rights and Mass Exoduses" has tried to address the human rights violations which give rise to refugee flows. The last resolution, in 2000, encouraged human rights treaty bodies, special rapporteurs, special representatives, and working groups of the Commission to "pay particular attention to ... human rights situations that create or affect refugees." (E/CN.4/RES/2000/55). It also called upon the UN High Commissioner for Human Rights to take "appropriate action", and to prepare a report "on measures taken to implement" the resolution.
5. The Mass Exoduses resolution has had some positive impacts over the years. Treaty bodies, special rapporteurs, special representatives, and working groups have given increased attention to human rights situations that create or affect refugees and displaced persons. The resolution has underscored the principle of non-refoulement. It has recognized gender-based discrimination and gender-specific violations of human rights, and called upon States to protect and promote and respect the human rights of all refugees, in particular refugee women. It has stressed the need for security in refugee camps. It has promoted the principle of voluntary return only when it can be done in safety and with dignity. And it has encouraged the High Commissioner for Human Rights to work at rehabilitation of justice systems, the creation of independent national institutions capable of defending human rights, and human rights education.
6. The Mass Exoduses resolution has also called on the High Commissioner for Human Rights and the UN High Commissioner for Refugees to cooperate, share information, and work together, recognizing the convergence of work between the two agencies. The United Nations High Commissioner for Refugees (UNHCR) has an obvious interest in the discussion of human rights and refugees. The UNHCR is charged with the task of supervising the Convention relating to the Status of Refugees. The Refugee Convention, inter alia, provides protection to those who fear persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. And UNHCR has been mandated by the UN to provide international protection to refugees and to seek permanent solutions to the problem of refugees.
7. The High Commissioner for Human Rights and UNHCR have increasingly worked together. They have cooperated on human rights monitoring and promotion, institution building, and rehabilitation projects. They have tried to create an environment for a viable and sustainable return of refugees in post-conflict societies, through field offices, advisory services, and technical cooperation. And the High Commissioner for Refugees has been invited to address the Commission on Human Rights at each session. But the UNHCR lacks a clear mandate to promote UN human rights treaty standards. The human rights of refugees and asylum seekers are not within the purview of UNHCR.
8. The overall response envisaged by the Mass Exoduses resolution regarding the human rights of refugees has been limited. The "appropriate action" undertaken by the High Commissioner for Human Rights has been insignificant. And the report prepared by the High Commissioner has remained largely inconspicuous. Clearly, more must be done.
9. In 1982, the Commission considered a report prepared by Sadruddin Aga Khan, who was the Special Rapporteur on Human Rights and Mass Exoduses (E/CN.4/1503). He spoke of the phenomenon of mass exoduses of refugees, and that the problem was bound to become more serious unless imaginative and concrete measures were urgently taken. Indeed the problem has become worse. The Commission should revisit the wise counsel of the Aga Khan, and consider concrete measures for addressing the human rights violations of refugees.
10. In particular, the Commission could request an analytical report which would compile and analyze human rights norms relating to refugees and asylum seekers. Appointing a Special Representative or Special Rapporteur, as the Commission did in the past, could ensure that such a report would be given the attention it deserved and would include recommendations for appropriate action.
11. Mennonite Central Committee urges the Commission on Human Rights to:
    1. Recognize that human rights violations must be curtailed in order to prevent the escalating scale and magnitude of refugees;
    2. Reemphasize that refugees have the right to seek and enjoy asylum from persecution and other human rights violations;
    3. Acknowledge that refugees and asylum seekers have human rights which must be protected;
    4. Request an analytical report which would compile and analyze legal norms relating to refugees and asylum seekers;
    5. Appoint a Special Rapporteur to prepare an analytical report, and suggest "imaginative and concrete measures" for improving human rights protection for refugees and asylum seekers;
    6. Rename the Mass Exoduses resolution to be: "Human Rights and Refugees".

 

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