Statement by Mrs. Mary Robinson, United Nations High Commissioner for Human Rights HUMANITARIAN LIAISON WORKING GROUP MEETING

Geneva, 26 November 1997

Linkage between Human Rights and Refugees Issues


Mr. Chairman, Distinguished Permanent Representatives, Ladies and Gentlemen,

As this is my first opportunity to address the Humanitarian Liaison Working Group I would like to reiterate that as High Commissioner for Human Rights, it is my duty to ensure leadership on human rights issues. I have taken a practical approach to the work of the UN in human rights making every effort to ensure that UN action is meaningful and useful to people and keeping in mind at all times those we serve: i.e. the victims of violations.

As the priority for my Office is clearly to see international human rights norms translated in terms of national laws and national practices, I believe that the UN as a whole has a great responsibility and opportunity to advance human rights promotion and protection within the UN family. I am therefore encouraging a closer - operational - link between my Office and all UN agencies in the realization of the broad range of human rights, including the economic, social and cultural rights and the right to development, with a view to giving the promotion and protection of all human rights practical applications in the daily work of all UN agencies and staff.

It is for this reason that on 14 November in New York I called on all agencies and programmes to take a leading role in order to realize, in practice, internationally protected rights. I think that this is important and timely: the 50th anniversary of the UDHR and the five-year review of the VDPA next year call on us to assess where we stand in the promotion and protection of human rights worldwide and where we should move from here. I hope that by the time the new millennium starts the UN will have refocused its work for the realization of internationally accepted norms of human rights.

As indicated in the circular invitation addressed to you by Ambassador Akao, the HLWG meeting today is prompted by a statement I made in the UNHCR Executive Committee on 14 October 1997. Let me reiterate that human rights are indeed deeply connected to the problem of refugees for two main reasons: a) their violation is almost always the root-cause of refugee flows and b) the problem of refugees, in the long-term, can only be properly addressed and resolved through an improvement in the standards of protection of human rights.

I stressed that it would be important to strengthen and operationalize the linkages between our Offices and, in so doing, tackle together the root causes of refugees flows and more generally of displacement. Making these links stronger is crucial not only for the solution of displacement crises, but also for their prevention. I pointed out that forced migration is intrinsically a human rights issue and that the UN machinery has focused more and more on different aspects of this phenomenon, addressing related questions including human rights and mass exoduses, internally displaced persons, the right to return, population transfers, and so on.

Insofar as the protection of human rights is a prerequisite for sustainable return and effective reintegration, my Office needs to work together with UNHCR in the search for durable solutions to the plight of displaced populations. We have already developed some experience on which to build further: in Rwanda, both of our Offices undertook responsibilities for monitoring the return of refugees and internally displaced persons in conditions of safety and dignity. The challenge of ensuring the sustainability of return has been particularly great in war-torn societies and as you know I myself have focused on our operation in Rwanda and have requested a recent assessment from one of its directors, Mr. Ian Martin with a view “to learn from lessons” and enhance its overall effectiveness. I will have a consultations with key NGOs at the end of this week and plan to be in Rwanda next week.

Durable solutions to the problem of displacement often require significant efforts towards reconstruction and reconciliation. In this regard, UNHCR and my office can make an important contribution through our technical cooperation and advisory service programme, assisting Governments in the creation or strengthening of national human rights institutions - and working with local NGOs. Following up on the second track of the SG’s reform proposal, I have been asked by Kofi Annan to undertake an analysis of the technical assistance provided by the United Nations entities in areas related to human rights and formulate proposals for improving complementarity of action. I very much look forward to working closely with Mrs. Ogata and her staff on this so that concrete recommendations will then emerge from the review which will result in synergies between our Offices.

UNHCR has expanded its role in countries of origin: The challenge of ensuring the sustainability of return however extends far beyond the mandate and capacities of any single organization, and instead requires the active role of a variety of actors. At present, cooperation between our Offices primarily occurs on an informal basis, through the day-to-day contacts among the staff, both at the Headquarters and at field level. UNHCR and our Office are now looking at ways to strengthen and formalize this bilateral cooperation in a broad framework agreement, an MOU, intended to deepen our cooperation not least through the holding of joint meetings and activities, through the exchange of staff, and co-sponsorship of staff training.

The participation of my Office in the four Executive Committees, particularly the one on humanitarian affairs, should ensure an harmonization of the work programmes, and strengthen the international response to humanitarian crisis. This development should promote a sharpened focus on strategies against forced displacement and, ensure that the human rights perspective is included in inter-agency deliberations.

At the field level, a clear sharing of responsibilities can be obtained through the conclusion of Memoranda of Understanding, as has already occurred in the context of the Former Yugoslavia and Rwanda. The establishment of field presences is a recent and significant development in the activities of my Office. The usefulness of this activity has been widely recognized and the establishment of field presences increasingly requested. I have the intention to make full use of this mechanism and to further strengthen the operational capacity of my Office in this regard. The Office of the High Commissioner for Refugees, through its extensive field presence, could assist my Office, by signaling those situations requiring human rights operations, suggesting ways in which these operations could complement UNHCR’s activities, and providing logistical support to the OHCHR’ field presence. Where UNHCR’s mandate limits its own involvement, as in post-conflict situations, the phasing out of its operations create a gap that could be filled by other actors. It would be very useful for my Office to be alerted about such situations, in order to provide displaced persons with adequate support in the process of return and/or reintegration. I am presently reviewing with my senior staff the whole issue of backstopping of our field operations. I look forward to much greater cooperation with UNHCR in this area both at HQ and in the field.

In order to facilitate the discussion, I would like to suggest possible areas where the linkages between my office and UNHCR could be further improved:

Promotion: Promotional activities could provide an opportunity for addressing human rights issues. This is true in connection with publications; training activities intended for Government officials as well as with in-house training of staff -- particularly those involved in field work . The exchange or outposting of staff to each others offices could also greatly facilitate this process and point to more areas in which joint action may enhance efficiencies and the effective protection of the victims.

Protection: The work of the mechanisms of the Commission on Human Rights (special rapporteurs, special representatives and working groups) and the UN human rights Treaty Bodies provide a wealth of information and specific recommendations on the human rights situation in countries where UN agencies are active. In order to harmonize this action it would be helpful if this information and recommendations were carefully reviewed and analysed by the Agencies and Programmes concerned -- including UNHCR. In turn, in view of UNHCR’s presence in a large number of countries, the sharing of information with rapporteurs and UN experts -- however confidentially - may improve the quality and thoroughness of the work of the human rights machinery. When UNHCR leaves a country of return, our office could then perhaps be tasked with the responsibility to closely follow up the human rights situation of returnees or displaced persons and their reintegration. Consolidated fund-raising appeals could be considered when joint activities or presence in the field are being planned so too local MOUs which would provide for the functional repartition of tasks, the sharing of facilities and/or logistical backstopping.

Prevention: Greater cooperation in early warning activities and periodic consultations through ad hoc mechanisms here in Geneva or through the Executive Committees on Humanitarian Affairs or the SMG or in the field would be helpful in reviewing situations that may lead to mass movements of refugees or of displaced persons and thus further increase the ability of the Organization to anticipate and prevent crises or respond to them in the most effective way.

Thank you Mr. Chairman.