ANNUAL TRIPARTITE CONSULTATIONS ON RESETTLEMENT Geneva, 14 – 15 June 2005

___________________________________________

UNHCR

PROJECTED GLOBAL RESETTLEMENT NEEDS

2006

1

Projected Global Resettlement Needs 2006

Table of Contents Table of Preliminary Projections -------------------------------------------------------------- 3 Introduction ---------------------------------------------------------------------------------------- 6 AFRICA -------------------------------------------------------------------------------------------- 9 Great Lakes ---------------------------------------------------------------------------------------- 10 Refugees in Burundi Refugees in the Central African Republic (CAR) Refugees in the Democratic Republic of Congo (DRC) Refugees of the Republic of Congo (ROC) Refugees in Gabon Refugees in Rwanda Refugees in Tanzania East and Horn of Africa ------------------------------------------------------------------------ 21 Refugees in Chad Refugees in Djibouti Refugees in Eritrea Refugees in Ethiopia Refugees in Kenya Refugees in Somalia Refugees in Sudan Refugees in Uganda West and Central Africa ------------------------------------------------------------------------ 35 Refugees in Benin, Burkina Faso, Niger and Togo Refugees in Cameroon Refugees in Côte d’Ivoire Refugees in Gambia Refugees in Ghana Refugees in Guinea Refugees in Guinea-Bissau, Mali and Senegal Refugees in Liberia Refugees in Nigeria Refugees in Sierra Leone Southern Africa ----------------------------------------------------------------------------------- 52 Refugees in Angola Refugees in Botswana Refugees in Malawi Refugees in Mozambique Refugees in Namibia Refugees in South Africa, Swaziland and the Indian Ocean Islands Refugees in Zambia Refugees in Zimbabwe THE AMERICAS -------------------------------------------------------------------------------- 63 Refugees in Argentina, Bolivia, Chile, Paraguay and Uruguay Refugees in Costa Rica Refugees in Cuba Refugees in Ecuador Refugees in Mexico, Guatemala, Honduras, El Salvador, Nicaragua and Belize Refugees in Venezuela, Peru, Aruba and Curazao

2

ASIA ------------------------------------------------------------------------------------------------- 70 South Asia ------------------------------------------------------------------------------------------ 70 Refugees in Bangladesh Refugees in India Refugees in Nepal Refugees in Sri Lanka East Asia ------------------------------------------------------------------------------------------ 76 Refugees in Cambodia Refugees in the People’s Republic of China (including Hong Kong SAR) and Mongolia Refugees in Indonesia Refugees in Malaysia Refugees in Thailand EUROPE ------------------------------------------------------------------------------------------- 87 Eastern Europe ----------------------------------------------------------------------------------- 87 Refugees in Armenia Refugees in Azerbaijan Refugees in Belarus Refugees in Georgia Refugees in Russian Federation Refugees in Ukraine South-Eastern Europe --------------------------------------------------------------------------- 96 Refugees in Albania Refugees in Bosnia and Herzegovina Refugees in Croatia Refugees in the Former Yugoslav Republic of Macedonia (fyROM) Refugees in Serbia and Montenegro (SCG) Refugees in Turkey CASWANAME ----------------------------------------------------------------------------------- 108 Central Asia --------------------------------------------------------------------------------------- 109 Refugees in Kazakhstan Refugees in Kyrgyzstan Refugees in Tajikistan Refugees in Turkmenistan Refugees in Uzbekistan South-West Asia ---------------------------------------------------------------------------------- 118 Refugees in Iran Refugees in Pakistan North Africa and The Middle East ----------------------------------------------------------- 121 Refugees in Egypt Refugees in Jordan Refugees in Lebanon Refugees in Saudi Arabia, Bahrain, Oman and Qatar Refugees in Syria Refugees in Yemen Appendix: Projected Global Resettlement Needs by Country of Origin -------------- 133

3

UNHCR Projected Global Resettlement Needs 2006

Sub-Region*

Country of Asylum** Individuals in need of

Resettlement***

Capacity to Process Individual

Needs

Potential Group

Submissions****

Africa Great Lakes Burundi 2310 210 Central African Republic

(CAR) 125 125 Democratic Republic of

Congo (DRC) 608 203 Republic of Congo (ROC) 100 100 Gabon 500 100 Rwanda 1300 200 Tanzania 2000 2000 ●●●●●East and Horn of Africa Chad Djibouti 952 300 Eritrea 500 300 Ethiopia 2930 1000 ●●●●● Kenya 2050 2050 ●●●●● Somalia 300 300 Sudan 450 450 ●●●●● Uganda 1400 1400 West and Central Africa

Benin, Burkina Faso, Niger and Togo 475 475

Cameroon 470 470 Gambia 102 102 Ghana 2050 1000 Guinea 1000 1000 Guinea-Bissau, Mali and

Senegal 598 598 Ivory Coast 400 105 Liberia 220 220 Nigeria 240 240 Sierra Leone 1000 450 Southern Africa Angola 50 50 Botswana Malawi 570 250 Mozambique 1050 1050 Namibia 25 25 South Africa, Swaziland,

Lesotho and The Indian Ocean Islands 585 335

Zambia 2220 700 ●●●●● Zimbabwe 403 178 Africa TOTAL: 26,983 15,906

4

The Americas

Argentina, Bolivia, Chile, Paraguay and Uruguay 10 10 Costa Rica 600 525 Cuba 55 55 Ecuador 1000 650 Mexico, Guatemala, Honduras, El Salvador, Nicaragua

and Belize 15 15

Venezuela, Peru, Aruba and Curazao 300 130 The Americas TOTAL: 1,980 1,385

Asia

South Asia Bangladesh 410 410 India 500 500 Nepal 200 200 ●●●●● Sri Lanka 67 67 East Asia Cambodia 510 260 People’s Republic of China, Hong Kong SAR and

Mongolia 288 288 Indonesia 101 101 Malaysia 2000 2000 Thailand 625 565 ●●●●●Asia TOTAL: 4,701 4,391

Europe

Eastern Europe Armenia 20 20 Azerbaijan 900 900 Belarus 40 40 Georgia 150 150 Russian Federation 910 463 Ukraine 600 250 South-Eastern Europe Albania 22 22 Bosnia and Herzegovina 150 150 Croatia 15 15 Former Yugoslav Republic of Macedonia (fyROM) 35 35 Serbia and Montenegro (SCG) 55 55 Turkey 2350 2350 Europe TOTAL: 5,247 4,450

5

CASWANAME

Central Asia Kazakhstan 145 55 Kyrgyzstan 40 40 Tajikistan 100 100 Turkmenistan 55 55 Uzbekistan 300 300South-West Asia Iran 1500 1200 Pakistan 830 830North Africa and the Middle East

Egypt 1000 1000

Jordan 2176 2176 Lebanon 1321 1004 Saudi Arabia, Bahrain, Oman and

Qatar 90 90

Syria 930 930 Yemen 1,240 500CASWANAME TOTAL: 9,727 8,280

GLOBAL TOTAL:

48,638 34,412

* Region and Sub-region: Countries in this report are grouped according to the established regional boundaries as covered by the geographic Bureaux of UNHCR.

** Country of Asylum: Figures indicate resettlement need and expected submissions

according to countries of asylum, not by country of origin. *** Needs and Capacity: Where possible, this report indicates both the number of refugees

considered by UNHCR to be in need of resettlement, as reported by individual Field Offices, and the anticipated number of resettlement submissions given the capacity of that Field Office.

**** Potential Group Submissions: Shaded areas indicate countries of asylum where UNHCR has

preliminarily identified caseloads which may be further reviewed for potential submissions as groups.

6

GLOBAL RESETTLEMENT NEEDS IN 2006 Introduction This report provides an overview of UNHCR’s projection of both resettlement needs among refugee populations of concern to UNHCR, as identified by UNHCR Field Offices, and anticipated resettlement submissions for 2006. The document is intended to help the reader appreciate the various situations in which UNHCR and the international community are responding to resettlement need, to assist resettlement countries in planning their activities, and to assist UNHCR in prioritising its own activities and allocation of resources. The conditions and needs presented in this document have been synthesised from Country Operation Plans (COPs) submitted by UNHCR Field Offices for 2006. While preparing their COPs for 2006, all Field Offices undertook a six-step exercise to proactively plan for future resettlement needs of refugee populations under their responsibility and to identify the resources required to meet that resettlement need. As part of the exercise, Field Offices were requested to subdivide each refugee population into large categories reflecting group characteristics, such as country of origin, ethnicity or religion. These groups were then further sub-divided according to characteristics linked to their refugee experience, such as cause and date of flight or political affiliation. Field Offices were then requested to consider the current protection needs and durable solutions prospects in the medium to long term for each sub-group. If resettlement was identified as the most appropriate durable solution for the sub-group, or for sections of the sub-group, the Field Office was requested to identify the relevant submission criteria that would best apply to the caseload, according to Chapter 4 of the Resettlement Handbook. The process also called for both the identification of actual resettlement need within the refugee population and an estimation of how many refugees the office would be able to process for resettlement given their current resettlement capacity and staffing levels. In this respect, the process is part of on-going efforts to assess resettlement needs more comprehensively and to plan for resource requirements associated with achieving the goal of enhanced resettlement activities worldwide. The 2006 needs projection includes the identification of caseloads with potential for group submission. In an effort to operationalise resettlement as a durable solution and to increase resettlement referrals, UNHCR has refined the methodology for group resettlement, which is a system for identifying and profiling refugee groups in need of resettlement. Several large caseloads that have been preliminarily identified by the field will be reviewed with respect to their potential for submission as groups in 2006. The figures specified in this report are the total number of individual persons in need of resettlement UNHCR anticipates submitting for resettlement from a given country in 2006. Where possible, and where a dramatic difference between resettlement need and capacity has been identified, this report highlights how limited capacity in many Field Offices results in only a portion of refugees in need of resettlement being submitted for the consideration of resettlement countries.

7

At the same time, it is important to note that the resettlement needs specified here are those reported by individual Field Offices. Additional needs are generally believed to exist, but Field Offices may require additional support to more thoroughly and comprehensively assess the needs. While UNHCR generally believes that much greater resettlement needs exist, especially among protracted refugee situations, additional support is required to more effectively assess, and respond to, this need. The resettlement requirements estimated by UNHCR in this report are not exhaustive. Clearly, variable factors such as new protection emergencies and changing conditions in countries of asylum and origin will affect resettlement needs throughout the year. Furthermore, administrative capacity and human resource limitations may have an impact on the actual numbers of cases referred to states for resettlement. Seventeen new professional resettlement posts were established in 2005, including positions in Ethiopia, Ghana, Guinea, Sierra Leone, Tanzania, Egypt, Thailand and Malaysia. While these posts were only established temporarily, they are helping further the goals of diversification and access. Extension of some posts established in 2004, and the regularization of previous temporary posts have also been implemented in 2005. This level of staffing must, however, be maintained, and even increased, if the resettlement need of refugees is to be effectively addressed. The UNHCR resettlement operations continue to rely on the close cooperation of the UNHCR / ICMC deployment scheme to provide staff in resettlement operations. As of April 2005, 38 staff have been deployed throughout the world. In addition to the needs identified in this document, new resettlement opportunities may be identified as a result of on-going discussions on the strategic use of resettlement and the potential role of resettlement in Convention Plus arrangements. The report should, therefore, be considered as one among many planning and managerial tools, rather than as an authoritative document. It must be noted that the projections may not capture resettlement activities carried out by individual governments, separate from UNHCR programmes, such as processing under family reunification programmes or other categories of concern to states. The absence of a given refugee population in this report should not be interpreted to mean that resettlement as a tool of protection, as a durable solution or as an expression of international solidarity should be precluded for that population. Nor should consideration of a given refugee population be interpreted to mean, unless otherwise indicated, that resettlement will necessarily be promoted for every refugee. It should be noted that the countries in this report are grouped according to the established regional boundaries as covered by the geographic Bureaux of UNHCR. For example, North Africa is not included under the Africa Bureau region, but under the Central Asia, Southwest Asia, North Africa and Middle East (CASWANAME) Bureau region. The projected numbers in the table at page four reflect the number of refugees in need of resettlement according to current location, rather than country of origin of the refugees. The

8

“Individuals in Need of Resettlement” column refers to those persons who will be processed on an individual basis, with the next column “Capacity to Process Individual Submissions” indicating the current office capacity to address the individual needs identified. A third column indicates the presence of a potential group submission from a given country. This number may be made up of more than one group of refugees. Further information on these groups may be found under each country report. To see an estimation of the number of refugees belonging to a specific caseload broken down by their current location, please refer to Appendix 1.

9

AFRICA

Projected needs: 26,983 persons / Processing capacity: 15,906 persons Making resettlement a viable and meaningful component of comprehensive protection strategies in Africa continues to be a primary objective of UNHCR, both in Headquarters and in the field. Tangible progress has been made in the region in making resettlement a more responsive tool of protection, a more dependable durable solution, and a more meaningful expression of international solidarity and burden sharing. Diversifying both the nationalities of refugees considered for resettlement and the location of UNHCR’s resettlement activities remain key goals for UNHCR in Africa. To help ensure that deserving refugees are considered for resettlement, regardless of their nationality or location, UNHCR has broadened the locations for resettlement activities and implemented staffing plans consistent with the complementary objectives of diversification and access. The Regional Resettlement Hubs in Accra and Nairobi, established in January 2003, provide co-ordination, support and monitoring of resettlement activities in the region. These three main functions of the Hubs serve not only to strengthen the management of resettlement activities in Africa, but also build the resettlement capacity of Field Offices through training activities. The Regional Resettlement Hubs work in close consultation with the Resettlement Section/DIP and the Africa Bureau in UNHCR Headquarters to ensure the successful realisation of their functions. In order to more effectively respond to the challenge of addressing protracted refugee situations in Africa, and further to the objectives of diversification and access, significant efforts have also been made to ensure more appropriate levels of resettlement staffing in the region. UNHCR is grateful to a number of resettlement countries for providing additional funds for resettlement activities, including the funding of additional staff. This staffing situation is also being supported by the deployment of Resettlement Consultants in Africa through the UNHCR - ICMC Deployment Scheme in Cameroon, Ethiopia, Ghana, Benin, Gabon, Nigeria, Guinea, Kenya, Eritrea, Mozambique, Rwanda, Senegal, Sierra Leone, Sudan, Tanzania, Uganda and Zambia.

10

GREAT LAKES

Projected need: 6,943 persons / Processing capacity: 2,938 persons BURUNDI Protection Framework Le Burundi a adhéré à la Convention de 1951 et au Protocole de 1967 relatifs au statut des réfugies. Seule la Convention de l’OUA de 1969 que régit les aspects propres aux problèmes des réfugies en Afrique a fait l’objet d’une ratification par décret-loi No. 1/209 en date du 31 Octobre 1975. Le Burundi n’est pas partie aux conventions de 1954 et 1961 relatives à l’apatridie bien que référence soit faite au premier texte dans le Décret-loi No. 1/007 du 20 Mars 1989 portant Réglementation de l’accès, du séjour, de l’établissement des étrangers sur le territoire du Burundi et de leur éloignement. L'intérêt á l’égard de cette question demeure, ce problème pouvant surgir dans le cadre du rapatriement des réfugies burundais. L’instauration de nouvelles politiques en matière de réinstallation semble devoir permettre au bureau de recourir davantage à cet outil de protection et solution durable, répondant ainsi à la nécessité de répartition plus équitable des responsabilités, en accord avec les buts formulés dans le cadre de l’Agenda pour la Protection. Au Burundi, quelques cas individuels ont pu être réinstallés pour des raisons de protection physique ou des raisons médicales. Néanmoins, un nombre substantiel de réfugiés établis depuis de nombreuses années au Burundi font face à des difficultés croissantes de survie compte tenu des difficultés d’intégration locale formelle. Breakdown of Resettlement Needs by Population and Resettlement Projections En 2006, la Délégation va poursuivre les activités entreprises en 2005 telles que : - poursuite de la réinstallation des cas avec des besoins spécifiques de protection (sécurité physique, victimes de violence, femmes à risque, enfants non accompagnés, besoins médicaux et manque de perspectives d’intégration locale durable et formelle) ; - poursuite de la réinstallation des « rescapés » de Gatumba. Le plan de réinstallation communiqué au Siège fait état des besoins/capacités comme suit : 1,500 réfugiés congolais et 10 réfugies rwandais sur une base individuelle, et 800 réfugiés congolais sous la forme de groupe. Selon l’analyse des moyens disponibles, la capacité du bureau sera pour 210 réfugiés.

11

CENTRAL AFRICAN REPUBLIC Existing Caseload There were some 25,020 refugees in Central African Republic (CAR) at the beginning of 2005. This included refugees from Sudan, DRC, Rwanda, Chad and a few from Burundi and Liberia. A total of 2,784 asylum seekers have yet to undergo refugee status determination. The National Eligibility Commission was unable to process all pending asylum claims last year due to the March 2003 coup d’état and its subsequent insecurity and massive looting of refugee files. Protection Framework CAR is a party to the 1951 Convention and its 1967 Protocol, in addition to the 1969 OAU Convention. The draft national refugee law continues to remain pending. There is hope that national refugee legislation will be adopted in the course of 2005, although this depends on the final outcome of presidential and parliamentary elections scheduled in March 2005. The destruction of the archives and refugee database of the Commission Nationale de Refugies (CNR) during the violence that followed the 2003 coup d’état, continues to hamper UNHCR and CNRs efforts to protect refugees in CAR. Over the past years, the Sous-Commission d’Eligibilité, in charge of refugee status determination, has not been meeting as regularly as UNHCR had hoped. Sessions have, however, become more regular since 2004. The political and socio-economic situation continues to have a significant impact on the quality of asylum in the Central African Republic. Breakdown of Resettlement Needs by Population Rwandan Refugees A total of 141 Rwandan refugees remain in CAR in 2006. Out of this group, it is estimated that 100 individuals may be in need of resettlement due to legal and physical protection needs and lack of local integration prospects. Sudanese and Burundian Refugees Up to 25 urban Sudanese and Burundian refugees may also be in need of resettlement due to lack of local integration prospects in the Central African Republic. Resettlement Projections For 2006, UNHCR has identified a total of 125 persons in need of resettlement. It is anticipated that the office would be able to submit the totality of the planning figure if the current protection staffing level is maintained; including support from RSH/Accra.

12

DEMOCRATIC REPUBLIC OF CONGO Existing Caseload As of the end of 2004, there were an estimated 199,323 refugees in the Democratic Republic of the Congo (DRC), including 98,383 Angolans, 45,226 Sudanese, 11,816 Rwandans, 19,400 Burundians, 5,277 Congolese (Republic of Congo) and 18,953 Ugandans. Protection Framework DRC is a party to the 1951 Convention and its 1967 Protocol, in addition to the 1969 OAU Convention. Following the promulgation of the national refugee law on 16 October 2002, the 5 August 2003 national decree related to the organisation and procedures of the national eligibility commission and the appeal commission, DRC adopted 2 ministerial decrees 017/2004 and 018/2004 of 8 April 2004, appointing a permanent secretary and the members of the CNR. UNHCR continued throughout 2004 to conduct RSD, pending the training and supervision of the CNR in 2005. Breakdown of Resettlement Needs by Population Angolan Refugees In 2004, 20,073 Angolan refugees voluntarily repatriated to Angola in organised and spontaneous manners from sites located in Kimpese (2 sites), Ngidinga (2 sites) and Kisenge (3 sites), and from Kinshasa. In 2005, repatriation movements will continue from these locations and start from Kimvula (4 sites). Spontaneous returns will be facilitated from Kahemba (Bandundu province). In 2006, UNHCR expects to repatriate 22,000 individuals. In 2005 and 2006, in close consultation with DRC authorities, remaining refugees in Kisenge, Kimpese and Ngidinga will be assisted to locally integrate. Considering that Angolan refugees are already quite well integrated into the local population, including a substantial amount of mixed marriages, many of the remaining refugees are expected to ask for immigration documents or naturalisation. It is therefore expected that there will be very few individual resettlement needs in general among this population, 17 persons, falling into the criteria of legal and physical protection needs and lack of local integration cases. BO Kinshasa is currently examining the situation of the refugees in Tembo, Bandundu province. As they have spontaneously settled in DRC, these refugees have never been registered nor provided with any assistance. Registration is expected in 2005 and BO Kinshasa is planning to open an office in 2006 to organise voluntary repatriation to Angola. It is expected that approximately 200 persons will not return and their continuous stay in DRC could be jeopardised. Thus, resettlement might be the only durable solution for this group. However, as there is yet no UNHCR presence in the region, BO Kinshasa does not have the capacity to process the cases.

13

The situation is different for Angolan refugees originating from the Cabinda enclave. As of 31 December 2004, most of the 1,500 individuals were settled in the Bas-Fleuve in the province of Bas-Congo, while the rest are living in Kinshasa. Verification of this population will take place in 2005. There are no repatriation possibilities of this population for the time being, as fighting is still taking place sporadically in Cabinda, between Angolan governmental troops and rebel movements, including the FLEC-FAC. Although local integration prospects for the refugees are positive, BO expects that the verification exercise and ongoing study of individual files may lead to the identification of 20 persons in need of resettlement for legal and physical protection needs and lack of local integration prospects. BO Kinshasa does not have the capacity to process these cases. Burundian Refugees Out of the 19,400 Burundian refugees in DRC, an estimated 18,399 are scattered in north and South Kivu, in areas where UNHCR has little or no access. Others are located in urban centres (Kinshasa, Lubumbashi, Goma, and Bukavu) or in integration villages (Mbuji Mayi). UNHCR currently facilitates voluntary repatriation to certain parts of Burundi. It is hoped that promotion of voluntary repatriation will be feasible in 2006, provided conditions are conducive for a sustainable return. Of the refugees unwilling to repatriate in 2005, it is expected that 73 persons of legal and physical protection needs, lack of local integration prospects, women-at-risk, survivor of torture and UAMs will be identified as needing resettlement. It is expected that UNHCR DRC will have the capacity to process 21 persons only. Rwandan Refugees Out of the 11,816 Rwandan refugees in DRC, an estimated 10,118 are scattered in north and south Kivu, Maniema and Province Orientale, to which UNHCR has little or no access. Others are located in urban centres (Kinshasa, Lubumbashi, Goma, and Bukavu) or in integration villages (Mbuji Mayi). The promotion of the voluntary repatriation of Rwandan refugees is ongoing. In 2006, among the refugees deemed as still being in need of international protection, it is expected that 30 cases of legal and physical protection needs, lack of local integration prospects, survivor of torture and women at risk will be identified. It is expected that UNHCR DRC will have the capacity to process 10 persons only. Sudanese Refugees Voluntary repatriation of Sudanese refugees is expected to be launched before October 2005. The repatriation operation will take place in a phased manner. UNHCR is currently conducting a survey on the intentions of return among the refugees. Preliminary analysis of survey indicates that the majority of refugees residing in Aba (99%) are willing to return to Sudan. It is expected that among those refugees choosing not to repatriate during 2005 and 2006, there will be some individual resettlement needs on basis of the criteria of legal and physical protection needs (23), survivors of Violence and Torture (2), and Women at Risk (25). Of these, SO Aru has the capacity to process 10 persons. Considering the fragile security situation

14

in Province Orientale, some groups may be at a continued risk of harassment by armed groups. Single women are in a particular vulnerable situation, and may suffer from a wide range of problems in Province Orientale, such as security threats, sexual harassment/violence, rejection by their own community and at risk of exploitation by the rebels. In light of this humanitarian condition in Province Orientale and the lack of treatment for victims of torture suffering serious psychological problems, resettlement may be the only appropriate durable solution. Congolese Refugees The voluntary repatriation of COB refugees continued throughout 2004. By the end of 2004, 5,277 refugees were still in DRC, of which 34 in Kinshasa, 700 in the Kimaza refugee camp in Bas-Congo and an estimated 4,400 in Luozi (Bas-Congo). 2005 foresees the continuation of the voluntary repatriation operation, the conduction of a verification operation followed by a screening exercise in Kimaza and the registration of refugees in Luozi. It is expected that 7 persons be submitted for resettlement on grounds of legal and physical protection needs and lack of local integration. Of the 700 refugees registered in Kimaza, it is expected that 300 may demonstrate a well founded fear of persecution. Local integration of this group will be pursued. An estimated 200 would be in need of resettlement in 2006 on grounds of legal and physical protection needs and lack of local integration. However, BO Kinshasa’s current capacity can only permit to process 2 persons. Urban Refugees Apart from the Angolan, Rwandan, Congolese and Burundian refugees, the census operation that took place in Kinshasa in 2004 led to the registration of 42 refugees from various nationalities: 14 CAR, 1 CHD, 1 EGU, 5 LBR, 1 SLE, 16 SUD and 4 UGA. Depending on the refugees that will be granted refugee status in 2005, 3 persons might be submitted for resettlement on medical grounds, grounds of legal and physical protection needs and women at risk. Resettlement Projections In all, UNHCR Branch Office in Kinshasa has identified 608 refugees in need of resettlement in 2006. Of these, the protection capacity of UNHCR in DRC can only permit the processing of 58 cases (about 203 people). The deployment of an ICMC expert to DRC as well as missions undertaken by the Hub in Nairobi is necessary in order for BO Kinshasa to process all cases identified. GABON Existing Caseload Les chiffres de planification du rapatriement volontaire pour l’année 2005 étaient de 7,000 réfugiés rapatriés. Toutefois, seulement 746 réfugiés au total (parmi lesquels 630 réfugiés

15

congolais) ont opté en 2004 pour le retour volontaire dans leurs pays. Cette tendance risque de se confirmer en 2005 et se poursuivra probablement en 2006 en dépit de la projection envisagée. Pour ces deux années le chiffre de planification en terme de rapatriement volontaire a été réduit à 1,000 réfugiés rapatriés pour 2005 et le même nombre pour 2006. Il y a lieu de penser qu’à la fin de l’année 2005, la population des personnes relevant de la compétence du HCR au Gabon sera de l'ordre de 16,700 personnes originaires de 24 nationalités différentes. Les Congolais (Brazzaville), avec environ 10,800 ressortissants constitueront de très loin, la communauté la plus importante de cette population. Conformément au ratio de l'année écoulée, en 2006, plus de 80 % de la population totale relevant de la compétence du HCR au Gabon continuera également de vivre en zone urbaine. Protection Framework Par la théorie de la succession des Etats aux traites, le Gabon devient partie a la Convention de 1951 relative au statut de réfugies qui avait été signée par l’AEF (Afrique Equatoriale Française), d’outre-mer auquel le Gabon appartenait avant son indépendance. Apres son accession a l’indépendance en 1960, le Gabon formalise cette adhésion a la Convention de 1951 en avril 1964. Le Gabon est également partie a la Convention de l’OUA de 1969 régissant les aspects propres aux problèmes des réfugies en Afrique a laquelle il a adhère par le décret de ratification No. 964/PR/MAECF du 06 septembre 1977. Enfin, le Gabon est partie au Protocole de 1967 par le décret No. 676/PR/MAECF du 30 mai 1988. La recherche des solutions durables aux problèmes des réfugiés au Gabon revêtira en conséquence une importance particulière à l'heure où le HCR envisage à plus ou moins moyen terme un retrait de son programme. La situation en République du Congo demeure toujours précaire, notamment dans la région du Pool et du sud du pays (Niari, Bouenza et Lékoumou) d'où est originaire la majorité des réfugiés congolais au Gabon. Par ailleurs, la situation qui a prévalu au cours du premier trimestre 2005 n’est pas de nature à inciter les réfugiés à retourner au Congo. L’absence d’une réelle réconciliation nationale impliquant le retour des grands leaders d’opposition et l’absence d’une véritable politique de réinsertion des retournés n'offrent pas à ces réfugiés une perspective réelle de rapatriement volontaire et ce malgré les dispositions contenues dans l'Accord Tripartite entre les Gouvernements du Congo, du Gabon et le HCR. Par ailleurs, les gages d'une intégration juridique, économique et sociale n'ont pas encore été donnés par les autorités gabonaises. Cette perspective est encore au niveau de la réflexion, et les négociations à peine entamées. La signature en juillet 2004 d’un arrêté portant institution de la carte d’identité de réfugiés permettra, espérons-le, la libre circulation des réfugiés sur tout le territoire gabonais. Toutefois, l’exercice d'activités économiques lucratives et d’un emploi salarié en l'occurrence reste assujetti à la détention d’une carte de séjour. En outre, bien que des possibilités légales soient données aux réfugiés d'opter pour la naturalisation, les procédures, longues et complexes, ne garantissent pas des résultats probants. Au plan économique et social, le Gabon connaît de sérieuses difficultés et un taux de chômage de 20 %. Cette situation ne milite pas également en faveur d'un programme d'intégration locale, à plus ou moins brève échéance surtout si l’on considère la politique de protection de la main d’œuvre nationale qui écarte toute possibilité pour les réfugiés d’exercer un emploi rémunéré. Ces facteurs combinés de réticence des réfugiés au rapatriement volontaire et des difficultés d'intégration locale font de la réinstallation une solution durable privilégiée et la meilleure pour de nombreux réfugiés.

16

Breakdown of Resettlement Needs by Population Réfugies Congolais En ce qui concerne les chiffres de planification pour l’exercice 2006, 450 réfugiés (principalement originaires de la République du Congo) ont été identifiés comme ayant des besoins de réinstallation. Ils sont généralement d'ethnie Ndzebi, Kougni, Punu, Lari et Bembé. La presque totalité de ces réfugiés sont arrivés au Gabon entre 1997 et 1999 à la suite des guerres civiles successives qui ont eu lieu en République du Congo durant cette période. D'un haut profil éducationnel et professionnel, nombre d'entre eux sont issus des mêmes régions (Niari, Bouenza, Lékoumou et Pool) que les anciens leaders du régime déchu (Pascal LISSOUBA et Bernard KOLELAS) dont ils partagent les idéaux politiques et qui n’ont toujours pas reçu l'autorisation de rentrer. La réinstallation est pour ce groupe de réfugiés une solution durable en raison de leur besoin de protection physique et légale et de l'absence de perspectives d'intégration locale. Les femmes à risque et les cas médicaux seront concernés par ce programme. Réfugies de la Guinée Equatoriale La Représentation a par ailleurs identifié 40 réfugiés originaires de la Guinée Equatoriale dont les dossiers seront soumis en 2006. Il s'agit de réfugiés ayant fui leur pays d’origine en raison des violations des droits de l’homme qu’ils y ont expérimentées et qui ne peuvent résider au Gabon pour des raisons de sécurité. Ces réfugiés ont des besoins de protection juridique et physique dans leur pays d’asile. Autres Nationalités 10 autres réfugiés d’autres nationalités ayant des besoins de réinstallation seront identifiés au cours de l’année et les dossiers soumis à la réinstallation au regard des critères de femme à risque, de réfugiés ayant des besoins médicaux et/ou des réfugiés ayant des besoins de protection physique et légale. Resettlement Projections Au total, sur des besoins réels de réinstallation estimés en 2006 à 500 réfugiés dont la majorité sont des ressortissants congolais (Brazzaville), la Représentation du HCR Gabon soumettra à la réinstallation 100 réfugiés en raison des contraintes de personnel et budgétaires qui sont les siennes. REPUBLIC OF CONGO Existing Caseload Le nombre total de réfugies enregistres par le HCR en République du Congo était de 68,000 a la fin de l’année 2004. En 2005, entre 24,000 réfugies de la RDC devraient opter pour un retour dans leur patrie et le nombre de candidats au rapatriement pourrait fortement augmenter en 2006, permettant d’entrevoir la clôture du principal programme d’assistance aux réfugies en République du Congo au courant de 2007.

17

Protection Framework La République du Congo a adhéré à la Convention de 1951, son Protocole de 1967 sur le statut du réfugié et à la Convention de l’OUA sur les aspects propres des problèmes des réfugiés en Afrique. Breakdown of Resettlement Needs by Population Réfugies de la RDC Si les mouvements de rapatriement prévus en 2005 s’opèrent pleinement, le nombre des réfugies de la RDC demeurant dans les sites qui bordent la rivière Oubangui sera d’environ 34,000 au début de l’année 2006. Selon les expressions d’intentions recueillies auprès des réfugies, de janvier a mars 2005, on estime que 30,000 réfugies retourneront dans leur pays d’origine en 2006. La situation de nombreuses femmes demeure inacceptable tant du fait de leur manque de pouvoir décisionnel dans les affaires de la communauté que le fait des violences et abus dont elles sont victimes y compris les très jeunes filles. Les réfugies de la RDC sont repartis sur plus de 90 sites dont la plupart ne sont accessibles que par bateau. Une distance de 450 kilomètres sépare le site le plus au nord de la zone d’installation des réfugies de celui qui est le plus au sud (Loukolela). Réfugies Rwandais En 2005, une mise a jour de l’enregistrement des réfugies rwandais en République du Congo a démontre la présence de 4,798 personnes. Le nombre de mineurs parmi eux est substantiel ainsi que la situation d’un grand nombre demeure fragile. Réfugies Angolais En janvier et février 2005, une mise jour de l’enregistrement des réfugies angolais a permis de recenser 2,083 personnes. Toutefois, cet enregistrement doit être poursuivi car de nombreux réfugies se sont installes spontanément et n’ont jamais été enregistres (ils vivent essentiellement dans les provinces du Kouilou, Niari, Lekoumou et Bouenza). La majorité est originaire de la Province du Cabinda. En plus des 1,800 personnes vivent sur les sites de Komi et de Kondi-Mbaka dans le Département du Kouilou. Il y a des réfugies angolais qui sont disperses a Brazzaville et dans le Sud-Ouest du Congo. En dehors des deux sites précités, il n’existe pas d’installations spécifiques pour cette population qui vit au milieu des populations autochtones. Réfugies Urbains La majorité des réfugies urbains est originaire de la RDC et des pays de la région des Grands Lacs. Le nombre des réfugies urbains était estime a 507 (+ 1,857 réfugies rwandais) a Brazzaville et 313 (+ 54 réfugies rwandais) a Pointe-Noire en février 2005, époque a laquelle un recensement avait été initie.

18

La plupart de ces réfugies vit dans la pauvreté ou au seuil de celle-ci, comme d’ailleurs la majorité de la population autochtone au milieu de laquelle elle vit. La situation économique du pays rendant l’obtention d’emplois fixes ou le développement d’entreprises difficile ce qui conduit la plupart des ces réfugies a vivre d’expédients. Resettlement Projections Pour quelques cas qui ne peuvent se rapatrier et n’ont pas la possibilité d’intégration locale comme solutions durables, la réinstallation doit être recherchée. Cette solution sera étudiée non seulement pour les cas de protection y compris des femmes vulnérables, des victimes de violence et les enfants non accompagnes, mais aussi pour la réunification familiale. La réinstallation de 50 a 100 cas est envisage, selon les critères établis. RWANDA Existing Caseload Rwanda hosts approximately 48,000 refugees, mainly Congolese (DRC) and Burundian. Another 5,400 UNHCR-registered urban refugees, mainly non-Banyamulenge Congolese (non-Tutsi origin), live in or around Kigali. Protection Framework Rwanda is a party to the 1951 Convention and its 1967 Protocol, in addition to the 1969 OAU Convention. In July 2001, the parliament passed the National Refugee Law, which established the National Refugee Council. Nominations to the National Refugee Council took place in 2003. As of January 2004 UNHCR has stopped registration and refugee status determination of newly arrived asylum seekers, this being done by the National Refugee Council. Instability in the Great Lakes region is making the search for durable solutions for certain groups of refugees a difficult task. Freedom of movement, self-reliance and integration prospects are limited, particularly for camp-based refugees. In addition, the state of Rwanda’s economy allows refugees only limited access to jobs, economic opportunities and agricultural land. Self-reliant urban refugees do enjoy some freedom of movement, but receive little assistance from the government or UNHCR. Breakdown of Resettlement Needs by Population Burundian Refugees While the long staying Burundian refugees in Kigeme Camp have some limited possibilities for self-sufficiency, the long-term prospect of local integration is questionable. Most of these refugees arrived in the early 1970s and were integrated into local communities. They were, however, uprooted as a result of the 1994 conflict and have subsequently not been able to return to their homes. The current population of the camp is 659 persons, of whom 401 are long-stayers. UNHCR’s Branch Office in Kigali, with the assistance of the Regional Resettlement Hub in Nairobi, began processing 315 of them for resettlement in February 2003. Combined with the needs of Burundian Hutus who arrived in Kigeme Camp following conflict

19

in Burundi in 1993, UNHCR estimates that 100 persons for resettlement from Kigeme Camp in 2006. Since September 2004, there has been an influx of Burundians who now live in two sites: Gikonko (1,209 persons in March 2005) and Nyamure (2,964 persons in March 2005). UNHCR is not assessing any resettlement need for them as we foresee a possible return of the majority after the elections that will take place in Burundi. Congolese Refugees Approximately 37,730 Congolese refugees reside in Kiziba Camp (17,993) and Gihembe Camp (20,040). The majority of these refugees originate from the North and South Kivu. While repatriation will be a long-term solution for most of the Congolese refugees, resettlement on an individual basis will continue. UNHCR envisages for 2006 that 600 persons from Kiziba and Gihembe Camps, including Banyamulenge/Tutsi and refugees of other ethnicities will be in need of resettlement based mainly on legal and physical protection needs and lack of local integration prospects. Urban Refugees Resettlement needs for urban refugees are estimated at roughly 600 persons, primarily Congolese (Bacongo, Mushi, Bembe) and Burundian (Hutu). Resettlement priority is given to refugees with a history of individual persecution, victims of torture and/or with legal and physical protection needs. Other prioritised profiles will include women-at-risk and those lacking local integration prospects. Resettlement Projections In total, 1,300 refugees have being identified as being in need of resettlement. UNHCR Kigali estimates that it would be able to submit about 200 for resettlement in 2006. TANZANIA Existing Caseload By the end of March 2005, Tanzania was hosting 402, 385 refugees as follows: 242,444 Burundians, 154,904 Congolese, 2,896 Somali Bantus, 155 Rwandans and 1,984 mixed nationalities including Kenyans, Ethiopians, Ugandans and Sudanese. Burundians and Congolese refugees enjoy prima facie refugee status while refugees from all other countries have to go through individual status determination procedures carried out by the National Eligibility Committee (NEC). Protection Framework Although Tanzania is a party to the 1951 Convention and its 1967 Protocol, as well as the 1969 OAU Convention, refugee matters including asylum are governed under the Refugees Act,

20

1998. Unfortunately this Act contains provisions that contravene the 1951 Convention and it severely curtails refugee’s rights. Under the Act, refugees live in designated areas (camps and settlements) in western Tanzania where their work, access to land, education opportunities and freedom of movement are extremely limited. A refugee needs a permit and a police escort to leave a designated area and if caught outside a camp without a permit and/or an escort, is liable to imprisonment or pay a fine. Recently, the general refugee policy has deteriorated with increased refoulement, rounds-up and detention. Local integration opportunities for camp refugees are limited. The policy of the Government of Tanzania (GoT) is “temporary” asylum with a view to repatriation. Voluntary repatriation and resettlement are thus the main durable solutions for refugees in the camps. Local integration may be a viable option mainly for refugees in settlements who have special ties or have developed special ties with Tanzania i.e. the Somali Bantus and 1972 refugees in the old settlements. Breakdown of Resettlement Needs by Population Burundian Refugees UNHCR is currently facilitating voluntary repatriation to Burundi. While 87,000 refugees repatriated in the course of 2004, the number of monthly returns has dropped since October 2004. Nevertheless, UNHCR expects to facilitate the return of 85,000 Burundian refugees from the camps in 2005. It is estimated that for 2006, a total number of 75,000 Burundian refugees from the camps will be repatriated. However, the number could increase if considerable progress is made in the peace process in Burundi in 2005, particularly with the holding of peaceful elections. In 2006, resettlement will be considered for those Burundians with legal and physical protection needs. Approximately 1,000 Burundians will be identified and submitted for resettlement. There are groups within the Burundian population living in refugee camps who are in a protracted refugee situation. These groups known as the “1972 Burundian refugees” have experienced multiple displacements: from Burundi to Rwanda or DRC in 1972, forced return to Burundi or multiple internal displacements in their asylum countries. These groups have limited prospects for repatriation as they have no effective ties to Burundi and are unlikely to have access to their properties. They also have limited prospects for local integration. The majority in this group is composed of children or adults who were born outside Burundi, have never visited Burundi and have no ties there. Part of this group targeted for resettlement in 2006 are those registered in Burundian camps in Kasulu, Kibondo and Ngara districts. Their estimated number is 6,000 persons, of which 3,000 will be submitted in 2006. Congolese Refugees Even though a Tripartite Agreement was signed in January 2005 with the Governments of Tanzania and the Democratic Republic of Congo (DRC), prospects for voluntary repatriation of Congolese refugees continue to remain low. Consequently, resettlement will be explored for

21

those with legal and physical protection needs. Approximately 750 Congolese refugees will be identified and processed for resettlement in 2006. Rwandan Refugees For the largest part of 2004 the Government of Tanzania refused to grant asylum to Rwandans, and this continued in 2005. Although UNHCR is advocating for the right to asylum for Rwandan asylum seekers, resettlement may have to be considered for some of them recognized under UNHCR mandate. Approximately 50 persons will be submitted. Other Nationalities Resettlement will also be pursued for some 50 refugees of other nationalities who may not receive effective protection in Tanzania, have no prospects for voluntary repatriation or local integration. Resettlement will also be considered for ethnic minorities and refugees of mixed parentage and mixed marriages who are at risk within the refugee communities. An estimated 150 persons will be submitted for resettlement. Resettlement Projections It is estimated that in 2006 8,000 refugees will be in need of resettlement (6,000 from the ‘1972 multi-displaced’ group and 2,000 individual referrals). The capacity for the individual referrals is 2,000 persons, assuming the current staffing level for resettlement is maintained in 2006. There is no capacity for group referrals.

EAST AND HORN OF AFRICA

Projected needs: 8,582 persons / Processing capacity: 5,800 persons CHAD Existing Caseload Chad has approximately 250,000 refugees: 215,000 refugees of Sudanese origin in the east 30,000 refugees from Central African Republic in the south, and approximately 5,000 refugees from a variety of African countries in urban centres, predominantly the capital, N'djamena. Protection Framework Chad has ratified the 1951 Convention relating to the status of refugees and the 1967 Protocol. Resettlement Projections

22

The program in the east has transitioned from emergency to relative stability with the emphasis on assisting refugees and local populations to meet their basic needs in as environmentally sustainable a fashion as possible. The program in the south anticipates a roughly 60/40 split between refugees opting to repatriate in 2006 and those choosing to locally integrate. The urban program provides emergency medical assistance and educational and skills training/income generation assistance to the most vulnerable, particularly women and children. Given the solutions orientation to repatriation and local integration for its three caseloads, Chad does not foresee significant resettlement in 2006. In appropriate individual cases, resettlement may be pursued as a tool of international protection. The number of such cases, should they arise, would be very modest. DJIBOUTI Existing Caseload As of March 15, 2005, the refugee population stood at 15,915 persons of concern to UNHCR and all of these individuals are hosted in three refugee camps (Ali-Addeh, Holl-Holl, and Aour-Aoussa). The vast majority of the caseload, 9,500, is of Somali origin from West Somalia, and in addition 5,580 from Central and South Somali and the remainder are 589 Ethiopians and 86 Eritreans. 80 % of the Somali caseload is currently part of the voluntary repatriation program that is underway to Somaliland. The repatriation operation was successfully carried out in 2004 with a total of 8,448 refugees who were returned in safety and dignity to various areas in Northwest Somalia (Somaliland). 2,075 refugees were similarly repatriated in the first quarter of 2005 out of an estimated 8,000 individuals who, according to our planning, are expected to return by the end of this year. Protection Framework The Government of Djibouti has ratified the 1951 Convention relating to the status of refugees and the 1967 Protocol, but has neither signed nor ratified the 1969 OAU Convention on the Specific Aspects of Refugees in Africa, or the 1954 and 1961 Statelessness Conventions. In practice, however, the OAU Convention was implemented in several instances to refugee influxes from neighbouring countries. The national refugee legislation grants refugees most of the rights foreseen in the 1951 Convention, but in practice few of the rights are enjoyed by the refugees. Breakdown of Resettlement Needs by Population Somali Refugees By the end of 2005, as a result of the ongoing voluntary repatriation program, the office predicts that the population will be approximately 9,550 refugees of whom about 5,500 are South-Central Somalis (Hawiye, Darod, Sheekhal and Dighil). While UNHCR Djibouti would facilitate repatriation of those who wish, it is not expected that the situation in South/Central Somalia would improve to allow promoted repatriation. Local integration will also not be achievable for the group due to the depressed economy and newly established

23

policies of the Government of Djibouti which considerably reduced opportunities for refugees to become self-reliant. The office considers that around 150 cases/500 persons would be in need of resettlement among the South/Central Somali refugees in 2006. However, due to the current limited office capacity to identify and process resettlement cases, we believe that approximately only 15 cases/70 persons will be submitted for resettlement in 2006. This figure corresponds roughly to the number of most vulnerable individuals with no potential to lead a normal life in the host country without undue hardship or the possibility to return to Southern Somalia. The targeted group will include persons with special protection and/or medical needs. With regard to the groups originated from north-western parts of Somalia, UNHCR foresees that 12 cases / 50 persons would be in need of resettlement as a solution among the Gaboye/Midgan minority of the North-western caseload of. However, due to the aforementioned office capacity and due to reasons related to the ongoing repatriation to that area of Somalia, only 5 cases/20 persons identified among that group will be submitted for resettlement in 2006. Ethiopian Refugees The other important group with resettlement needs will be the Ethiopian refugees that have been present in Ali-Addeh for over a decade. While the office will continue to encourage members of the group to repatriate where viable, resettlement may also be used as a strategic tool to bring an end to this protracted situation. An estimated group of 434 persons is living in Ali-Adde refugee camp and comprises 242 Amhara Ethiopians, 150 Oromo Ethiopians, 32 Tigre Ethiopians, and 10 Somali Ethiopians/Ogadenis (though this number may decrease somewhat as there are still some cases who might be willing to voluntarily repatriate). We estimate that 90 cases/180 persons will be in need of resettlement as a solution among this residual caseload in 2006, but the office capacity will allow the submission of only 40 cases/90 persons. Priority will be given to single female heads of households and individuals with special protection and/or medical needs.

Consideration should also be given to a group of 46 cases/152 Ethiopians who have been recognised refugees under the 1951 Convention and the office’s mandate at the end of the recent RSD operation in Aour-Aoussa camp located in the same district of Ali-Sabieh likewise Ali-Adde camp. We have estimated that around 25 cases /70 persons among the latter group will be considered for resettlement submission in 2006. Eritrean Refugees A group of 50 cases/70 Eritreans, initially rejected at the end of the RSD operation in 2003/2004, have been allowed to remain temporarily by the authorities of Djibouti pending resettlement and will be in need of resettlement as a durable solution during 2006 as well. Our estimation is 45 cases/50 persons for resettlement submission in 2006. Resettlement Projections In total, the office foresees the need for resettlement for approximately 952 refugees. However, given the current office capacity in terms of case identification and resettlement, we expect to process 300 refugees during 2006.

24

ERITREA Existing Caseload Eritrea currently hosts approximately 4,700 refugees and asylum seekers, of whom approximately 4,250 are camp-based and 450 persons are urban refugees or asylum seekers. These refugees (and asylum seekers) are entirely dependent on UNHCR’s assistance, which is supported by an Eritrean government implementing partner (mainly for the camp based population). The population comprises of 3,523 Somalis in Emkulu Camp and 714 Sudanese residing in Elit Camp. The remaining 452 persons are urban refugees (3 persons) and asylum seekers (449 persons) of primarily Ethiopian and Sudanese origin, the majority of whom live independently and some at the Haz Haz transit center (Asmara). Protection Framework Eritrea is one of two African countries not to have acceded to either the 1951 Convention or the 1969 OAU Convention. It also lacks national refugee legislation, written administrative procedures or a coherent policy for dealing with refugees. Only Somalis and Sudanese living in the two designated camps are recognised as refugees by the Government of Eritrea (GoE), which conducts a type of prima facie determination to ascertain whether an asylum seeker is eligible for camp assistance. Other nationalities, such as Ethiopians, are not recognised as refugees, and are treated by the GOE as illegal aliens or temporary residents. UNHCR carries out individual refugee status determination under its mandate, but these activities are limited due to a lack of resources. A backlog of urban asylum seekers has emerged and it is hoped that the backlog will reduce during 2005 with additional human resources in protection. The lack of national legislation guaranteeing the rights of refugees, coupled with limitations on both freedom of movement and employment opportunities and the reluctance on the part of the government to even discuss local settlement, excludes the possibility of pursuing local integration for refugees in Eritrea. Voluntary repatriation is a viable durable solution for only a limited number of refugees, e.g. some from Sudan and refugees from Northern Somalia (an estimated 500 persons in 2006). Resettlement, therefore, is the only durable solution for those camp based and urban refugees who fulfil the resettlement criteria. The acquisition of a temporary residence permit, e.g. which some Ethiopians have, is not always an indication of local integration or a durable solution. UNHCR introduced a comprehensive registration system at the end of 2003 and also implemented the “Progress” refugee registration system in early 2005, which is facilitating the caseload management of refugees and asylum seekers. A substantial amount of information is now available, e.g. area of origin, ethnicity, demography, family units, identification, etc. After voluntary repatriation operations are carried out in 2005 (Puntland, Somaliland and South Sudan depending on conducive conditions of return) as well as a comprehensive screening of camp-based refugees for resettlement, UNHCR estimates that the majority of camp-based refugees who are eligible for resettlement will have been submitted. Therefore most of the cases which will be submitted for resettlement during 2006 will be from the urban caseload. Breakdown of Resettlement Needs by Population Somali Refugees

25

UNHCR estimates that 300 Somali refugees, mainly from south Somalia, in Emkulu camp are in need of resettlement. They belong to different minority ethnic groups, women-at-risk and protection related cases for whom voluntary repatriation is not an option and who may risk becoming part of a protracted refugee situation. There are no larger groups that emerge from the profile of the camp. Without additional assistance to process resettlement cases (e.g. ICMC deployment), limited capacity and staffing in Eritrea would limit the number of submissions to 150 persons in 2006. Sudanese Refugees UNHCR anticipates identifying approximately 50 Sudanese refugees as being in need of resettlement in 2006, mainly to be submitted under legal and physical protection needs. Refugees fulfilling these criteria face a number of protection concerns, including forced marriage and forced recruitment. Given these protection concerns, and their limited ability to repatriate to their country of origin (despite the on-going peace process), UNHCR believes that resettlement would be the only viable durable solution. UNHCR would have the capacity to process all these cases for resettlement. Urban Refugees UNHCR Eritrea is also dealing with urban refugees and asylum seekers who are mainly of Ethiopian origin or persons of other nationalities who are not permitted to enter the camps and therefore, do not receive protection from the GOE. These persons undergo individual refugee status determination by UNHCR. Those who receive positive decisions and fulfil resettlement criteria will be individually submitted for resettlement (under legal and physical protection needs and lack of local integration prospects). Also among these cases are stateless persons who have protection concerns. UNHCR estimates that 150 urban refugees would be in need of resettlement. UNHCR would concentrate on the submission of these cases due to limited possibilities of assistance and the protection issues tend to be more urgent. The capacity of the office is limited to the submission of 100 persons. For Ethiopian refugees, there is a general reluctance by the GOE to grant exit visas, even for resettlement purposes, and the GOE will only grant exit visas for these persons on a case-by-case basis. Resettlement Projections In total, UNHCR Asmara has identified 500 refugees as being in need of resettlement, but anticipates the submission of 300 refugees for resettlement from Eritrea in 2006, if additional resettlement processing assistance would not be available. ETHIOPIA Existing Caseload As of 1 January 2005, Ethiopia hosted a total of 115,980 refugees. Of these, 90,451 are from Sudan, 16,470 from Somalia and 8,719 from Eritrea. Sudanese refugees are almost all located

26

in camps in western Ethiopia (Fugnido, Dimma and Bonga camps near Gambella; Sherkole and Yarenja camps near Assosa), Somali refugees in eastern Ethiopia (at Aisha and Kebrebeyah camps near Jijiga) and Eritrean refugees (in Shimelba camp near Enda Selassie in the north). There is also a mixed urban caseload of 524 refugees from Djibouti, Rwanda, Burundi, Congo, Afghanistan, Angola, Czech Rep., Iraq, Kenya, South Africa, Somalia, Sudan, Uganda and Yemen. The Sudanese and Somali refugee populations are typical examples of protracted refugee situations, having been in exile for many years without prospects of a durable solution. Protection Framework Ethiopia is a party to the 1951 Convention and its 1967 Protocol, and in addition to the 1969 OAU Convention. It has made reservations to the 1951 Convention, including on provisions pertaining to wage-earning employment and public education. Ethiopia adopted national refugee legislation in 2004. The combined effect of Ethiopia’s reservations to the 1951 Convention and the provisions of the national legislation preclude local integration as a viable durable solution for refugees in Ethiopia. Voluntary repatriation is ongoing for refugees from Northwest Somalia. Breakdown of Resettlement Needs by Population

Sudanese Refugees

After having been inaccessible for most of 2004, UNHCR regained access to three refugee camps in the Gambella region of Ethiopia in November 2004. It is foreseen that voluntary repatriation movements will start in 2006. Nevertheless, UNHCR anticipates that there will be a small number of Sudanese refugees for whom voluntary repatriation may not be the preferred durable solution. For such refugees, including refugees with specific vulnerabilities, such as women-headed households, survivors of torture, and victims of violence in the camps, resettlement would be the appropriate solution. Consequently, UNHCR anticipates that around 900 Sudanese refugees in Ethiopia will be in need of resettlement in 2006. In addition to this, it might be possible to define a group of refugees from northern Sudan.

Somali Refugees

As regards Somali refugees in Ethiopia, it is expected that the voluntary repatriation to Northwest Somalia will have ended in 2005, and that only refugees from Southern Somalia (defined as south of Galkayo) would remain in the country in 2006. The number of refugees from Southern Somalia is then expected to stand at approximately 11,000 individuals. Depending on developments in Somalia, voluntary repatriation might become a feasible option for them as well. Within this group, UNHCR Addis Ababa estimates that some 110 refugees may be in need of resettlement as women-at-risk, for family reunification purposes, or due to medical needs. This needs estimate may change if political developments in Somalia do not proceed as hoped for, and/or in case resettlement possibilities are included in the Comprehensive Plan of Action for Somali Refugees, which is currently being drafted.

Eritrean Refugees (Kunama)

The Kunama arrived in Ethiopia in the wake of the retreating Ethiopian army in 2000-2001, fearing retribution from the Eritrean Government for having stayed under Ethiopian

27

occupation. While voluntary repatriation for the 4,000 Eritrean Kunama refugees currently in Shimelba camp is being pursued, UNHCR Addis Ababa continues to offer resettlement as an alternative durable solution, on an individual basis based on legal and physical protection and lack of local integration. It is expected that around 1,000 Kunama refugees are in need of resettlement in 2006.

Eritrean Refugees (Tigrinya)

UNHCR believes that amongst the more than 4,000 Eritrean Tigrinya refugees in Ethiopia there will be many cases in need of resettlement consideration due to their legal and physical protection needs, their experience as victims of torture, their medical needs and lack of local integration prospects. An estimated 800 Eritrean Tigrinya refugees would be in need of resettlement in 2006.

Urban Refugees – Addis Ababa

Given the absolute lack of local integration prospects in Ethiopia, urban refugees face considerable hardship. UNHCR Addis Ababa anticipates the identification of some 120 refugees from the urban refugee population of 524 for resettlement in 2006, for reasons related to lack of local integration prospects and, in some cases, medical needs.

Resettlement Projections Projections for resettlement needs from Ethiopia in 2006 are for the resettlement of 2,930 persons including: 900 Sudanese, 110 Somalis, 800 Tigrinya Eritreans, 1,000 Kunama Eritreans and 120 urban refugees. UNHCR has the capacity to process 1,000 out of this total on individual RRF submissions, provided staffing levels in 2006 remain the same as in 2005. Resettlement staffing relied almost entirely on various (short term) deployment schemes in 2004 and 2005. KENYA Existing Caseload Kenya hosts a total refugee population of about 225,900 refugees. Of these, 152,000 are from Somalia and are in camps in Kakuma and Dadaab. 1,500 are Ethiopian in Kakuma, 54,000 are Sudanese in Kakuma, 3,400 refugees in Dadaab are from East Africa and the Great Lakes Region and the remaining 15,000 come from mixed regions in East Africa and the Great Lakes Regions. Protection Framework Kenya is a party to the 1951 Geneva Convention, 1967 Protocol, and 1969 OUA Convention, in addition to several of the main human rights Conventions. With the exception of the Convention on the Rights of the Child, however, none of these instruments has been incorporated into domestic legislation, which means that, although relevant to some extent as a source of inspiration in the interpretation of existing legislation, they are not regarded as directly applicable.

28

There is therefore no legal framework specifically applicable to refugees and asylum seekers, no government-managed refugee status determination procedures, and no predictable, refugee-specific set of entitlements. The only references to refugees found in any domestic legal instrument currently applicable in Kenya are to be found in the Immigration Act, which states that class M work permits are granted to “persons who have a well founded fear of persecution (…)”, and in art. 22 of the 1989 Convention on the Rights of the Child, the only international human rights instrument thus far incorporated in the Kenyan legal system. Incidentally, class M permits are only granted to Convention Refugees (commonly referred to as “full status refugees” in Kenya), despite UNHCR contention that Mandate refugees also fulfil the criteria as stated in the Immigration Act. Although the repatriation of Sudanese and Somali refugees is expected to increase in 2006, there will remain a considerable number of refugees awaiting a durable solution. These will include refugees regardless of nationality whose particular profile weighs against the feasibility of repatriation – even where others might be able to return in safety and dignity – and others who continue to face critical security threats in Kenya. Additionally, despite the positive developments in the Somalia situation, significant repatriation is not likely to be possible for a considerable number of years. Given that local settlement of refugees is not for the time being formally possible in Kenya, resettlement will remain the most sought after and the only realistic durable solution for a large number of refugees in Kenya. The resettlement strategy for UNHCR Kenya in 2006 will be sufficiently broad and flexible to address protection needs, and utilize a profiling methodology that considers both individuals and groups. The methodology of protection profiling will identify individuals who have special needs, which – in turn – will assist UNHCR to establish appropriate thresholds for resettlement intervention. The aim, therefore, will be to fully integrate resettlement within the broad protection and solution strategy for the Kenya operation. In light of evolving prospects for voluntary repatriation for Sudanese and Somali refugees, resettlement will gravitate toward criteria of legal and physical protection and special needs, which will strike the necessary balance to allow for effective utilization of other durable solutions. Breakdown of Resettlement Needs by Population In the Dadaab and Kakuma refugee camps, refugees in need of physical or legal protection, vulnerable individuals including women-at-risk, survivors of violence and those requiring resettlement on medical grounds, as well as family reunification cases will receive priority consideration. Profiling of individuals within larger groups in order to identify and address particular protection and other needs will continue with a view to provide a range of appropriate responses, including but not limited to resettlement, to individual needs. This methodology, which will seek to marry a more rigorous case identification with abbreviated and more efficient submission procedures, is expected to generate a significant number of resettlement submissions (in the order of 3,000 - 4,000 country-wide) while addressing some of the distorting elements identified as a consequence of expectations of ethnicity-based group resettlement. The resettlement activities of the Branch Office in Nairobi will focus on urgent protection cases and individuals unable to reside at the camps for protection-related reasons. Resettlement Projections Resettlement will remain a vibrant and essential component of the Kenya operation in 2006. It will command an increasingly important role as part of an integrated and holistic approach to

29

protection delivery which will maximize complementarities and minimize possible discord with other durable solutions. The overarching priorities for the 2006 resettlement programme will include enhancing resettlement delivery by identifying gaps and addressing protection needs with particular attention to priority cases; developing comprehensive and integrated approaches to strengthen resettlement delivery and explore a profiling methodology that considers both individuals and groups; strengthening resettlement capacity and mechanisms to identify vulnerable refugees by fostering collaboration with key stakeholders and ways to diversify their role in the resettlement process whilst maintaining operational integrity, refining standard operating procedures and ways to mitigate risks to ensure the quality and integrity of operations, due diligence and compliance; and, finally strengthening synergy between functional units and broaden the knowledge-base of staff and key stakeholders involved in protection and resettlement delivery. UNHCR estimates the resettlement caseload in 2006 would be 6,200 persons. SOMALIA Existing Caseload UNHCR estimates there are around 70,000 asylum seekers and refugees in Somalia. Out of this population, around 36,000 Ethiopian nationals are currently residing at Mogadishu and Lower Shabelle (South Somalia). Specifically looking at ethnic Oromo-Ethiopians in Puntland/NE Somalia, according to estimates, there are reportedly some 15,000 in Bosaso, 5,000 in Galkayo and 2,000 in Garowe. Another 2,500 families are reported to be residing at Qorioley, Lower Shabelle region, in former UNHCR refugee camps. Additionally, there are other foreigners from Eritrea, Liberia, Tanzania, Congo and Iraq. At the beginning of 2004, in Somaliland/NW Somalia—the only region where refugee status determination (RSD) is conducted, UNHCR numbered the urban refugee caseload at 368 individuals, which included primarily Ethiopian refugees (329). Apart from the Ethiopian nationals, Somalia is also hosting refugees from other countries including Angola, Burundi, Chad, Congo, Sudan and Yemen. Protection Framework Somalia is a party to the 1951 Convention, the 1967 Protocol Relating to the Status of Refugees and the 1969 OAU Convention. In the absence of stable and secure conditions, it is not possible for UNHCR to be fully operational in South/Central Somalia and to implement a sustainable protection regime. In Puntland/NE Somalia UNHCR has not been able to implement any protection strategies due to lack of capacity and previous conditions of insecurity. Concretely, with no international staffing until February 2005, UNHCR does not currently conduct RSD. With no protective environment or basic assistance, many of these individuals risk their lives and leave Puntland illegally by boat for Yemen and to other Arab countries either to seek asylum or socio-economic prospects. However, with the reinforced staffing, UNHCR in cooperation with the local authorities expects to initiate RSD procedures in the course of 2005 Meanwhile, on

30

some occasions, UNHCR refers those who are extremely vulnerable to relevant NGOs for possible assistance on a humanitarian basis. Although Somalia is party to the 1951 Convention, Somaliland/NW Somalia is a self-declared independent republic, which is not signatory to the 1951 Convention. Therefore, under its mandate UNHCR conducts RSD for those asylum seekers registered and referred by ministerial counterparts. While the local authorities in Somaliland/NW Somalia declare their adherence to international laws, their capacity is limited, and UNHCR plays a major role in the care and protection of refugees and asylum seekers. UNHCR and the international community also understand the overall difficulties of integration for any “non-Somalilander”, particularly due to cultural, ethnic and religious differences. Breakdown of Resettlement Needs by Population Ethiopian Refugees In Somaliland/NW Somalia, where a solid resettlement programme exists since 2001, UNHCR-recognized refugees are comprised mainly of ethnic Oromo as well as a few Somali-Ethiopians who were accorded refugee status prior to the civil upheaval in Somalia and before the ceased circumstances cessation clause for pre-1991 Ethiopian refugees came into effect. Resettlement Projections UNHCR Somalia estimates that 300 persons would be submitted for resettlement, the majority on the basis of legal and physical protection needs as well as local integration difficulties. In order to reach this target, for refugees in Somaliland/NW Somalia, UNHCR will need temporary local staffing dedicated to the Resettlement programme. In addition, the office will seek RSD/Resettlement missions/deployments (in coordination with the Regional Hub in Nairobi and Headquarters), in order to assist in dealing with the relatively large number of asylum seekers (around 200) and with the resulting resettlement applications for the 2005 urban refugee population. The resettlement needs could not yet be determined for Puntland/NE Somalia as UNHCR does not yet have an international protection presence there. SUDAN Existing Caseload Since the 1960s Sudan has hosted large numbers of refugees from neighbouring countries. The refugee situation is both complex and varied. The composition of the refugees, the causes of their flight, the living conditions and the protection environment varies greatly and the asylum system, and their legal status is equally varied and complex. The largest refugee caseload in Sudan is currently from Eritrea. The overall number of recognised Eritrean refugees is 113,000 persons. There are also an additional 29,000 refugees from Ethiopia, Uganda, Democratic Republic of Congo and Somalia.

31

The protracted refugee caseload in Eastern Sudan coupled with fresh influxes of Eritrean refugees is likely to increase the resettlement operations in 2006. Reports of serious violations of human rights, particularly in relation to the implementation of Eritrea’s national military service for men and women and discrimination against minority religions are some of the factors which explain the increase in new arrivals. Protection Framework Sudan is party to the 1951 Convention, the 1967 Protocol Relating to the Status of Refugees and the 1969 OAU Convention. The persistent crisis in Darfur, the preparation for refugee return to Southern Sudan, following the Peace Agreement as well as the need to strengthen the capacity of the Government of Sudan in achieving its refugee protection obligations are some of the challenges BO Khartoum and field offices face at present. This will also remain operational priorities in the course of 2005 and 2006. For the urban caseload, where there is a fragile protection environment and adequate protection is not provided by the Government, resettlement then emerges as an international tool of protection. The physical security of refugees remains a matter of concern to UNHCR. In particular, the practises of the Sudanese National Security that includes surveillance, arbitrary arrest, incommunicado detention and physical abuse, place refugees, particularly those without valid documentation, in jeopardy. Undocumented aliens are often subjected to random round-ups. Many of these individuals are taken to court and are charged with illegal entry and stay, and sentenced to deportation, which is also executed. Some refugees have also been taken into custody and charged before a court, which leads the enforcement authorities to carry out the order; even if it can subsequently be proven that the individual in question has a legitimate right to remain in Sudan. The problem is rooted in the lack of refugee documentation, since the government department responsible for security screening often withholds the issuance of identity cards. The issuance of ID documents to newly arrived refugees from Eritrea and Ethiopia is systematically denied without any written justification or legal basis. This is also the case with refugees coming from East Sudan to Khartoum, as well as requests for renewals of expired documents. For the camp based refugees, resettlement has been identified as a durable solution. Many refugees in Sudan suffer from a lack of local integration prospects. The law in Sudan restricts the local integration of foreigners including refugees. The 1998 Sudan Constitution provides that “whoever is brought up or is a resident in the Sudan for several years shall have the right to nationality as regulated by law”. However, the applicable law, 1957 Sudanese Nationality Act, has stringent requirements for refugees. The Act, inter alia, provides that in order to naturalize a person must “validly and effectively renounce and divest himself/herself of the said nationality under the laws of that country”1. While this legal requirement may be achievable by other aliens, it would be outside the reach of refugees who are not in a position to return or make a legal application to their countries of origin in order to divest themselves of their nationality. In reality the achievement of local integration through naturalization by refugees in Sudan is not possible. 1 1957 Sudanese Nationality Act, Part III: Naturalization, par.8(f)

32

Breakdown of Resettlement Needs by Population Eritrean Refugees In 2004, the number of Eritrean refugees decreased significantly as a result of voluntary repatriation and the implementation of the cessation clause, which came into force on 31 December 2002. However, recent developments in Eritrea have resulted in a change of situation with new arrivals and no further repatriation. By the end of the first quarter of 2005, COR had recognized 6,500 persons as refugees. UNHCR Sudan will in 2006 focus on the resettlement of vulnerable cases (women-at-risk and unaccompanied minors) among these new arrivals. UNHCR Sudan estimates to resettle in total 1,500 Eritrean refugees under the legal and protection basis, as well as the lack of local integration prospects. Of these 1,500, a submission for a group of 1,000 to 1,200 persons is planned for Eritrean Jehovah Witnesses, who face considerable discrimination as members of a minority religious group. In addition to the resettlement of the JW under the group resettlement concept, an additional 300 persons from the urban and camp based population will be assessed and considered for resettlement on the individual basis for legal and protection needs. Ethiopian Refugees Approximately 100 to 150 pre-1991 Ethiopian refugees coming from both urban and camp settings, will also be assessed for possible re-submissions. Resettlement Projections Resettlement has been up to now, and will in 2006 be conducted both as a tool of international protection as well as a means of providing an adequate durable solution for refugees in Sudan. Resettlement also allows for a balanced approach between urban and camp caseloads. For the urban caseload, resettlement will be used as an international tool of protection, where there is a fragile protection environment and adequate protection is not provided in the country of asylum. For camp based refugees, resettlement will also be provided as a durable solution. UNHCR estimates that the resettlement caseload in 2006 would be 1,650 persons, the majority being from the Eritrean population as a group. Out of the 1,650 persons, 450 persons will be submitted individually from both urban and camp settings. UGANDA Existing Caseload As of 31 December 2004, Uganda hosted a total of 230,262 refugees. Of these, 194,673 are from Sudan, 14,762 are Congolese (DRC), 18,902 come from Rwanda and 1,885 are urban refugees.

33

Protection Framework Uganda is party to the 1951 Convention and the 1969 OAU Convention. Furthermore, it is expected that Uganda will enact a Refugees Bill which incorporates fundamental human rights principles during 2005. It is important to note that while the government’s self-reliance strategy is being implemented, and has resulted in 40% of refugees deemed no longer to be in need of food assistance, local integration in Uganda remains problematic. Uganda’s integration strategy does not include provisions for the granting of long term residency or citizenship to refugees, which rules out local integration as a viable durable solution for the majority of refugees. Breakdown of Resettlement Needs by Population Sudanese Refugees The total population of Sudanese refugees in Uganda is 194,673 as of December 2004. The majority of these refugees are Christians from Eastern and Western Equatorial belonging to the Acholi, Nuer, Zande, Kakwa, Lotuku, Bari, Kuku and Madi ethnic groups. While some refugees fled inter-ethnic conflict in Southern Sudan, the overwhelming majority of the Sudanese refugees in Uganda fled the conflict between and abuses committed by, the Government of Sudan and the Sudanese Peoples’ Liberation Army (SPLA). Following the signature of the final and comprehensive agreements of the North-South peace process in Nairobi on the 9th of January 2005, it is expected that voluntary repatriation will begin in 2006. However, prospects of repatriation remain low for quite a number of Sudanese refugees in Uganda. Given that most refugees are Equatorians, and given their history of conflict with the Dinka-dominated SPLA, there remains a high risk of inter-ethnic conflict if returned, which greatly reduces their prospects of voluntary return to Sudan in the foreseeable future. Therefore UNHCR Uganda anticipates about 60 cases / 300 persons of Sudanese nationality to be referred for resettlement in 2006. Most of there persons are expected to be SGBV victims (women-at-risks’ and ‘survivors of violence and torture’), refugees with specific legal and physical protection needs (i.e. persons being at risk of abduction by SPLA agents/collaborators), Unaccompanied Minors (including former child soldiers) and/or persons who may be submitted for family reunification purposes. Additionally, UNHCR Uganda has recognized a need to anticipate cases of Mixed Southern Sudanese and Arabic origin mainly from the urban areas. This is estimated to be no more than 10 persons / 2 cases. Congolese Refugees UNHCR is concerned about the condition of Uganda’s 14,762 Congolese refugees. The majority of Congolese refugees fled the conflict between the various factions operating in the east of the Democratic Republic of the Congo (DRC). As the rebel factions, such as RCD-Goma, often meet in Kampala and elsewhere in Uganda many of the refugees fear to stay in Uganda. Rebel agents/collaborators representing factions that the refugees initially fled are from time to time reported to be present in Uganda. Congolese refugees also fear the possibility of forced recruitment into armed groups.

34

In addition, Congolese refugees originating from urban areas prefer to reside in urban areas in Uganda. They have, however, come to face significant harassment from local authorities and have difficulties integrating because of language barriers. Refugee women and victims of violence and/or torture have also faced particular obstacles in recovering from their traumas, which have compounded their difficulties in integrating. Integration prospects are further reduced by the limited opportunities for naturalization. As recent events in DRC illustrate, the prospects for conditions permitting repatriation to the Eastern DRC are slim. As a result, neither local integration nor voluntary repatriation appears to be viable durable solutions for the Congolese refugees in Uganda for the foreseeable future. UNHCR anticipates having to refer about 70 cases/ 350 persons from the urban refugee population. Composition of the group shall be mainly on Legal and Physical Protection needs, for intellectuals, human rights activist and opponents to the RCD and other rebel factions. For this group in particular UNHCR Uganda feels that resettlement is the only viable solution. From the settlements, Kyaka II, Kyangwali, Kiryandongo and Nakivale a projection of 80 cases/400 persons are anticipated. It is hoped that through the protection mapping exercise in 2005, it may be possible for the office to map and identify vulnerable groups with lack of local integration prospects and in need of resettlement. Rwandan Refugees UNHCR anticipates that a total of about 22 cases/120 persons may be in need of resettlement from both our urban and settlement caseloads. Mainly from the urban population and in particular on the basis of legal and physical protection needs, human rights defenders, and opponents to the government, who are at risk of abduction by Rwandan intelligence agents who are in operation in Kampala. Rwandans at risk of cumulative discrimination with no integration prospects may also be considered. Resettlement Projections UNHCR’s Representation in Kampala will continue to concentrate its 2006 resettlement activities on the needs of Sudanese and Congolese refugees in Uganda. In addition to the Sudanese, Congolese and Rwandan detailed above, during 2006, UNHCR estimates to submit about 5 cases/25 persons of Eritrean nationality, 9 cases/45 persons of Ethiopian nationality, 10/50 persons of Burundian nationality and a residual caseload of Nakivale group/short form exercise of about 20 cases/100 persons of Somali nationality with little or no local integration prospects. With the sufficient capacity (one Associate Protection Officer (resettlement), two ICMC deployees and two resettlement clerks), UNHCR’s Representation in Uganda plans to submit 1,400 refugees for resettlement from Uganda in 2006.

35

WEST AND CENTRAL AFRICA

Projected needs: 6,555 persons / Processing capacity: 4,580 persons BENIN, BURKINA FASO, NIGER AND TOGO Existing Caseload La Représentation Régionale au Bénin couvre, les programmes du Bénin, du Burkina Faso, du Niger et du Togo. Au début de l’année 2005, la population totale relevant du mandat du HCR dans les quatre pays était approximativement de 18.132 réfugiés reconnus. Les prévisions de la Représentation Régionale pour 2006 concernent une population d’environ 20.000 réfugiés. Les réfugiés sont originaires pour la plupart de la région des grands lacs, du Ghana, de l’Afrique Centrale, du Togo et du Nigéria. Mis à part, certains réfugiés résidant au camp de Kpomassè et d’autres en zone rurale au Nord du Togo (préfectures de Bassar, Dankpen, Sotoboua) et à l’est du Niger (Goure), la majorité de cette population réside en zone urbaine. Protection Framework Tous les quatre pays couverts par le HCR à partir de Cotonou sont partie à la Convention de 1951, son Protocole de 1967 sur le statut du réfugié et à la Convention de l’OUA sur les aspects propres des problèmes des réfugiés en Afrique. Ces pays ont également adopté des législations nationales relatives aux réfugiés et mis en place des systèmes opérationnels de détermination du statut de réfugié. En dépit du caractère libéral de ces législations en ce qu’elles reconnaissent aux réfugies les mêmes droits qu’aux nationaux (éducation, accès aux services de santé, accès à certains emplois,…), les conditions économiques précaires prévalant dans ces pays constituent des freins à la jouissance effective de ces droits par les réfugiés. Breakdown of Resettlement Needs by Population Bénin Au Bénin, le programme concernera les réfugiés de nationalité nigériane (opposants politiques, survivants de tortures), les togolais (opposants politiques, anciens militaires, activistes des droits de l’homme) les congolais (hauts dignitaires de l’ancien régime). Burkina Faso Au Burkina Faso, les besoins en réinstallation concerneront les tchadiens (étudiants, membres des partis d’opposition au régime en place, activistes des droits de l’homme), les congolais (RDC) notamment ceux qui n’auront pas pu retourner dans leur pays d’origine et qui présenteront des difficultés d’intégration locale, des dignitaires de l’ancien régime au pouvoir au Congo Brazzaville, et les réfugiés issus de mariages mixtes hutu/tutsi en provenance du Rwanda et du Burundi.

36

Niger Certains réfugiés de nationalité congolaise RDC (étudiants, activistes des droits de l’homme, dignitaires du régime de feu le président Mobutu) pourront bénéficier de cette solution durable, de même que quelques familles rwandaises de l’ethnie hutue. Togo Le programme concernera des réfugiés de nationalité ivoirienne (membres de partis d’oppositions, hommes des médias, étudiants). Resettlement Projections La population cible sera essentiellement composée de personnes faisant face à des problèmes de protection dans les pays d’asile : les politiciens, les militaires et les activistes des droits de l’homme. Un accent particulier sera mis toutefois sur les personnes vulnérables, notamment les femmes chefs de famille ou seules, les victimes de torture et les personnes infectées par le VIH ou présentant d’autres affections. La Représentation Régionale facilitera également la réinstallation sur la base de la réunification familiale. La Représentation Régionale fournira des efforts continuels pour une meilleure identification des cas susceptibles d’être soumis à la réinstallation et impliquera davantage les partenaires dans le processus d’identification. Compte tenu des paramètres sociopolitiques qui risquent d’augmenter de manière significative la population réfugiée dans les quatre pays couverts, la Représentation Régionale envisage la réinstallation d’environ 475 personnes : 300 du Bénin, 75 du Burkina Faso, 25 du Niger et 75 du Togo. CAMEROON Existing Caseload Cameroon hosts a population about 60,000 individuals. This includes 19,953 Nigerian refugees from Taraba state who fled since January 2002 and who live in a local settlement in the western part of the country. Most of the 40,000 urban refugees are Chadian. Furthermore, there are 1,050 Rwandans, 630 Central Africans, 530 Congolese from the Democratic Republic of Congo, 256 Burundians, 166 Congolese from the Republic of Congo, 253 Liberians and other nationalities living in the main cities. In addition, there are about 6,123 asylum seekers (mainly Congolese, Central Africans and Rwandans) in the country. Protection Framework Cameroon is a party to the 1951 Convention and its 1967 Protocol, and in addition to the 1969 OAU Convention. However, at the National level, the country has not yet drafted a bill on refugees nor established a National Eligibility Committee (NEC). There are some provisions contained in law N° 97/012 of January 10, 1997 establishing conditions for the entrance, residence and exit of foreigners in Cameroon, and its decree of application N° 2000/286 of October 12, 2000, which provide a limited reference to refugees in connection with the issuing

37

and renewing of identity cards. It should be noted that refugee status determination is still conducted by UNHCR under its mandate pending the establishment of a National Eligibility Commission. Most political systems of neighbouring countries and countries of the Great Lakes region generally remain fragile, most importantly the Republic of Congo (the political and social situation as a whole remains critical despite some progress in the ongoing peace process), the Central African Republic, Sudan and Burundi. As a result, UNHCR is unable to promote voluntary repatriation of many refugees currently in Cameroon. Moreover, the social and economic situation of Cameroon, characterised by high levels of unemployment and declining household purchasing power, has undermined UNHCR’s effort to sustain local integration of refugees, and therefore leaves refugees in a vulnerable situation. Breakdown of Resettlement Needs by Population Rwandan and Burundian Refugees These two groups of refugees live mainly in urban areas and do not face any serious problems integrating locally. Nevertheless, a few Tutsi refugees born of mixed marriages tend to be marginalized since the Rwandan refugee community is mainly composed of Hutus. In addition, the Banyamulenges (Tutsi Rwandan who lived in Congo) are also marginalized by both the Rwandan and Congolese communities and therefore often confronted with critical integration issues. About 50 refugees from this group have been identified to be in need of protection. Nigerian Refugees The majority of Nigerian refugees are recognised as prima facie and are settled in rural areas. A part of this group has already expressed interest in a voluntary repatriation; while the rest has been able to integrate properly since the local population belongs to their ethnic group (similar in language and tradition). Hence, the durable solution for this caseload is either repatriation or local integration. Resettlement Projections In total, 470 persons may be in need of resettlement. The office capacity could cover these needs if a resettlement consultant/officer is deployed throughout the year. The breakdown of the persons in need of resettlement, in order of priority, is as follows: About 200 destitute/vulnerable families or individuals, from all refugee communities, who cannot achieve a degree of economic self-sufficiency due to lack of employment and lack of adequate social services. Refugees with serious medical conditions who cannot receive appropriate treatment in Cameroon. Approximately 50 refugees (including dependants) could be identified in needs of resettlement for medical reasons.

38

Approximately 60 Women at risk without any male provider, and/or subjected to sexual abuses, as well as some 10 unaccompanied minors. There are no social structures to help and facilitate integration of either of these categories. Some 100 refugees from neighbouring countries who fear of persecution by agents from their countries of origin. These would include refugees from Equatorial Guinea, Chad, CAR and DRC who opposed their respective governments and some of whom are at risk of being kidnapped from Cameroon. COTE D'IVOIRE Existing Caseload Les réfugiés concernés par la planification de réinstallation en 2006 sont pour la plupart soit Libériens, soit des réfugiés urbains originaires des pays d’Afrique centrale (République démocratique du Congo, République du Congo) et de diverses autres nationalités (Grands Lacs par exemple). Dans la plupart des pays d’origine des groupes ciblés, la situation sécuritaire s’est d’une certaine façon améliorée. Elle ne permet pas encore malheureusement d’envisager le rapatriement de tous les réfugiés concernés dans des conditions de sécurité. Aussi ceux d’entre eux qui ont encore des raisons de bénéficier de la protection internationale seront-ils soumis à la réinstallation, s’il s’avérait qu’ils ne peuvent en l’état pas se rapatrier dans leur pays d’origine, et que leur intégration dans le pays d’asile est difficile pour des raisons liées au conflit ivoirien et au blocage du processus de paix. En principe, le récent accord signé à Pretoria fait accepter la reconnaissance de toute candidature aux présidentielles soumise par un parti signataire de l’accord de Linas-Marcoussis. Ce point a été une des revendications principales de la rébellion, et sa résolution va peut-être permettre d’aller au processus de DDR, et de tenir des élections générales avant la fin de l’année 2005. Tout ceci aura certainement un impact sur les objectifs du HCR et la protection à apporter aux réfugiés. Protection Framework La Côte d’ivoire est partie aux principaux instruments juridiques internationaux protégeant les réfugies (elle a ratifie la Convention de 1951 relative au statut des réfugies et son protocole de 1967 respectivement le 08/12/1961 et le 16/02/1970 ainsi que la Convention de 19698 régissant les aspects propres aux réfugies en Afrique. L’évolution du conflit ivoirien de septembre 2002 à nos jours, ne permet toujours pas au HCR de véritablement orienter ses objectifs dans le sens d’une intégration locale et durable des réfugiés qui s’y trouvent. En effet, non seulement les incidents contredisant les différents accords signés entre les parties en conflit sous l’égide de la communauté internationale se multiplient, mais en plus les réformes législatives proposées par Linas-Marcoussis n’ont pas respecté l’esprit et la lettre de cet accord, base de tout le processus de réconciliation nationale. Parmi les lois attendues de Marcoussis, figurait celle sur la nationalité. Cette loi a été adoptée par le parlement ivoirien en décembre 2004, et promulguée aussitôt après par le Président de la république. Malheureusement, elle restreint encore plus qu’avant les possibilités de naturalisation pour les étrangers, y compris les réfugiés, et prévoit des délais d’un minimum de cinq ans, pour les personnes naturalisées, avant qu’elles ne soient autorisées à exercer un emploi dans les professions régies par les ordres (ex. ordre des médecins, des avocats, des

39

pharmaciens,…). Ceci revient à dire par exemple, que tous les réfugiés qui sont médecins, pharmaciens, avocats de formation et qui exerçaient, n’ y sont plus dorénavant autorisés en Côte d’ivoire. La politique de l’ivoirité, appliquée officieusement partout, généralise l’impossibilité pour les réfugiés, quelle que soit leur formation, de prester un emploi dans le secteur structuré en Côte d’ivoire. Breakdown of Resettlement Needs by Population Réfugiés Libériens La participation avérée de combattants libériens auprès des parties au conflit armé ivoirien et les exactions commises envers des populations civiles surtout à l’Ouest du pays ont créé un sentiment de rejet de la population d’accueil à l’égard de l’ensemble de la population réfugiée dans le pays d’asile. L’impossibilité pour ce groupe de bénéficier d’un asile sûr leur a valu d’être sélectionnés pour une réinstallation de groupe aux USA en 2003 et 2004. Par ailleurs la situation au Libéria bien que s’étant améliorée n’est pas encore définitivement stabilisée. La profonde dégradation du tissu socio-économique, la prolifération des armes de guerre et l’impact de la crise ivoirienne sont autant de facteurs qui incitent les réfugiés à la prudence. Le rapatriement a certes commencé, mais seuls de tout petits nombres sont enregistrés chaque fois. De précédentes expériences négatives et la crainte de représailles incitent certains groupes de réfugiés libériens à une attitude réservée à l’égard du rapatriement. En plus, bon nombre d’entre eux n’ont pratiquement plus d’attaches au Liberia et n’envisagent pas d’y retourner à brève ou à moyenne échéance. Ils représentent le groupe cible de réfugiés libériens pour une éventuelle soumission en 2006, en particulier ceux parmi eux qui sont des survivants de violences et tortures, ou les femmes à risque, très vulnérables dans un contexte comme celui de la Côte d’ivoire qui les expose à de grands risques d’exploitation de toutes sortes. Réfugiés Congolais- Brazzaville Le processus de paix enclenché depuis quelques années au Congo connaît des résultats mitigés, et les principaux leaders d’opinion n’y ont pas été associés. Les combattants du pasteur Ntoumi, même s’ils ont accepté de déposer les armes, contrôlent toujours de fait certaines régions du pays. La plupart des réfugiés de ce pays qui ont trouvé asile en Côte d’ivoire n’envisagent pas d’y retourner à brève échéance, malgré la relative évolution qui a pu y être observée depuis deux à trois ans. Ils sont souvent des proches des anciens leaders politiques du sud du pays opposés au régime actuel. Ils ont souvent exercé de hautes responsabilités dans l’administration ou l’armée sous l’ancien régime déposé en 1997. Tous citent l’exemple triste et à ce jour non encore élucidé des « disparus du beach » pour expliquer leur défiance à l’égard des autorités actuelles de leur pays d’origine. De plus, même si le HCR a réussi à obtenir des autorités ivoiriennes qu’elles délivrent des cartes d’identité pour réfugiés définitives aux réfugiés urbains reconnus par la Commission d’éligibilité, y inclus ceux du Congo Brazzaville, les restrictions à l’emploi prévues par le pays d'asile actuel, la Cote d'ivoire, ne permettent pas aux réfugiés d’obtenir un emploi et de devenir autonomes. L’accès au système éducatif n’est pas ouvert à tous, et la crise qui perdure dans le pays d’asile ne permet pas la mise en place d’activités génératrices de revenus. Ils vivent dans un état d’indigence avancé. En raison de tout ceci, la promotion du rapatriement volontaire ne peut être envisagée pour ce groupe, et la réinstallation vers un pays tiers s’avère une solution appropriée pour le groupe des réfugiés du Congo Brazzaville qui n'ont pas de profil militaire.

40

Réfugiés Congolais-RDC: A l’instar du Liberia, un processus de paix sous l’égide des Nations Unies (la MONUC) est en cours dans le pays d’origine. Il n’a pas encore abouti au désarmement de l’ensemble des factions en conflit. Le contrôle de fait de certaines parties du territoire congolais et les violations graves des droits humains fondamentaux par des groupes armés, constituent une menace contre ce processus de paix. C’est le cas à l’est du pays, au Kivu et dans la province orientale, en Ituri. La perspective de l’élection présidentielle en 2005 laisse espérer une amélioration, mais les réfugiés attendent de voir se consolider le processus de paix avant de rentrer. Cette situation ne favorise donc pas le recours au rapatriement volontaire de ce groupe de réfugiés. En plus, les problèmes d’intégration que vivent les réfugiés se posent à eux tous de la même façon, dans leur pays d’asile actuel, la Côte d’ivoire. Ces problèmes sont liés au conflit ivoirien. En raison de tout ce qui précède, la réinstallation vers un pays tiers s’avère une solution appropriée pour le groupe résiduel qui pourrait ne pas se rapatrier. Resettlement Projections La planification de la réinstallation pour l’année 2006 tient compte du nombre des réfugiés par nationalité présents dans le pays d’asile et de l’évolution de la situation sécuritaire dans les pays d’origine et d’asile de ces réfugiés. La réinstallation est un instrument de protection et une solution durable. Ces projections sont faites dans le but de répondre aux besoins spécifiques auxquels les différents groupes de réfugiés sont confrontés dans le pays d’asile ; quand leur vie, leur liberté physique, leur sécurité, leur santé et leurs droits fondamentaux sont en danger, ces réfugiés ne peuvent retourner dans leur pays d’origine dans un futur proche. Le HCR Côte d’ivoire compte ainsi soumettre à la réinstallation en 2006 au total 400 personnes, selon les détails suivants: libériens (300), congolais- Brazzaville (50), et Congolais-RDC (30), et diverses autres nationalités de réfugiés urbains, (20). Sur base de RRFs. La capacité du Bureau sera pour 105 personnes. THE GAMBIA Existing Caseload There are approximately 7,000 refugees in The Gambia, the majority of whom originate from Sierra Leone. Others are from Liberia and Senegal (the Casamance region). Minuscule numbers are from several other African countries. The refugee population resides largely in the Banjul urban area with about six hundred residing in two camps of Kerr el Hassan in Basse and Bambali. Protection Framework The Gambia is a state party to the 1951 Convention and the 1967 Protocol. Draft refugee legislation still awaits enactment.

41

Breakdown of Resettlement Needs by Population In 2006, UNHCR expects to submit 50 persons from Liberia and another 49 persons from Senegal, Congo (Brazzaville) and Somalis for resettlement. The majority of these are woman-at-risk cases and victims of violence or torture, as well as some persons who have been persecuted for their political beliefs. For all these persons, voluntary repatriation is not realistic and local integration prospects are minimal due to the protectionist trends in the local formal and informal employment/business sectors. 3 individuals/persons will be in need of resettlement to Sweden for family re-unification reasons. Resettlement Projections In total, UNHCR Banjul has identified 102 refugees as being in need of resettlement. GHANA Existing Caseload Ghana hosted 48,063 registered refugees and asylum-seekers as of 01 January 2005. The majority come from Liberia, some 41,904 who mostly stay in Buduburam settlement. Togolese are the second largest population in Ghana numbering 4,199, mainly staying outside the settlements in Accra and the Volta Region. A third sizeable population are 1,341 Sierra Leoneans. Towards the end of the year Ghana received 496 Sierra Leonean asylum-seekers who claim to have fled from Ivory Coast for reasons of insecurity. Ghana also hosts smaller numbers of refugees and asylum-seekers from countries throughout the continent including Ivory Coast, Sudan, Chad, Central African Republic, Uganda, Rwanda, Burundi, Congo Brazzaville, Congo DRC and several other countries. The population size remained stable in 2004, as opposed to increasing, for the first time in many years. It is expected that with intensified efforts to find durable solutions for refugees in Ghana and particularly the anticipated acceleration of voluntary repatriation for Liberian refugees, this trend will continue towards a sizable decrease in the refugee population in Ghana in particular after the elections in Liberia at the end of 2005 and more so in 2006. Since the start of the voluntary repatriation operation for Liberian refugees by 01 October 2004 some 2,151 persons, representing slightly over 5% percent of the refugee population, was assisted to return to Liberia by 01 March 2005. Mirroring this positive trend is the volatile political situation in the sub-region and particularly in the neighbouring countries of Cote d’Ivoire and Togo, contingency plans are constantly being updated with partners in order to prepare for the possibility of a mass influx from either of those countries should the political situation deteriorate. Protection Framework Ghana is a party to the 1951 Convention and its 1967 Protocol, in addition to the 1969 OAU Convention. Ghana enacted these instruments in national legislation in the Ghana Refugee Law of 1992. This law established the Ghana Refugee Board which is tasked to carry out the refugee status determination process, provide refugees with documentation and provide work permits.

42

The vast majority of refugees in Ghana have, however, not benefited from an individual status determination. For those individually recognised before 2002 neither written claims nor decisions are available. Since the end of 2002, a refugee status determination project was set up which has the aim of establishing refugee status determination capacity at the level of the Representation and the Government. In 2003 and 2004, UNHCR and the Ghanaian authorities conducted a nationwide registration of all individuals considering themselves refugees or asylum seekers. This registration provided detailed information on bio-data, skills and education, vulnerabilities, family composition, a short write-up of the individual claims, including a photograph and a thumbprint of all individuals registered. The registration provided all refugees and asylum-seekers, including women and children of all ages, with an individual registration card containing the name, date of birth, nationality and a picture for purposes of identification. This registration and documentation exercise has proven to be essential in enhancing planning and identification of durable solution needs and the preparation of resettlement submissions. Breakdown of Resettlement Needs by Population Liberian Refugees Liberia has gone through a relatively peaceful period of over one year, which has allowed the transitional government and the international community to implement a DDRR strategy and start the much needed rebuilding of basic infrastructure. The facilitation phase of the voluntary repatriation started on 1 October 2004, with a considerable number of refugees from Ghana choosing to repatriate. An analysis of the repatriation data so far indicates that it is mainly the refugees arriving since 2000 and the elderly who opt for repatriation, with the other groups displaying a more concerned attitude. Elections in Liberia are scheduled for October 2005, after which UNHCR hopes to review the situation and start the promotion phase of voluntary repatriation. It is anticipated that based on the developments in Liberia there would be a reduction in the needs for resettlement as a durable solution for a large part of the population. At the beginning of 2006, Ghana is, however, still expected to host slightly over 32,000 Liberian refugees and asylum-seekers. Out of this population it is expected that some 500 individuals (1.5 percent of the population) would be in need of resettlement based on legal and physical protection grounds and special needs. Resettlement for this part of the population will be provided through targeted, individualised and timely interventions in order to ensure that they do not disrupt the ongoing voluntary repatriation. Other Nationalities Further some 50 persons from a variety of nationalities (Sudanese, Congolese, Ivorians, Rwandans) are expected to be in need of resettlement as a durable solution, mostly based on their legal and physical protection and special needs, including medical needs, and lack of local integration prospects. Resettlement Projections In order to achieve the objectives of UNHCR, Ghana aims to continue with resettlement as a central part of UNHCR’s comprehensive strategy for protection and durable solutions as well

43

as a means of strengthening international solidarity and responsibility sharing, and using resettlement as an effective complement to the other durable solutions. For 2006, resettlement will remain an integral part of the overall protection and durable solutions framework for the Ghana refugee programme. The measure with which the resettlement needs can be met and thus the effectiveness of this tool of burden sharing depends largely on the operational capacity as well as the predictability and sustainability of resources with which this capacity could function. A lack of operational capacity would further hamper the potential of the strategic use of resettlement to improve the possibilities for legalised local integration. UNHCR Ghana hopes to be able to conduct an enhanced registration which aims at providing additional information concerning the durable solution needs of the population outside the settlements during 2005. This registration would provide a more detailed profile of the urban and rural Togolese refugee population in Ghana, their reasons for flight, ability to be self-reliant and possibility to return to Togo in the foreseeable future. It is expected that in 2006, Ghana will host slightly over 5,500 Togolese refugees and asylum-seekers and it is anticipated that around 12 percent of the population (1,500 individuals) would be found in need of resettlement either as a durable solution or for some as a protection intervention. However, due to office capacity only 500 will be submitted in 2006. As indicated, the situation in Ghana’s neighbouring countries is too unstable and unpredictable to allow for detailed planning. UNHCR-Ghana has a resettlement needs for 2,050 persons in total whereas its capacity is for 1,000 refugees. GUINEA Existing Caseload Guinea hosts 92,000 refugees. Most of them originate from Liberia (82,700), and Sierra Leone (5,300). There are also 4,000 refugees who fled Cote d’Ivoire due to the re-occurrence of the conflict in 2002. The majority of these refugees (86,300) live in camps. Protection Framework The Republic of Guinea is a signatory to the 1951 Convention Relating to the Status of Refugees, and the related 1967 Protocol, as well as to the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa. The resettlement strategy of UNHCR in Guinea for 2006 focuses on Ivorian refugees, but also on Liberian refugees, Sierra Leonean refugees and refugees of other nationalities who face protection problems. Breakdown of Resettlement Needs by Population Ivorian Refugees

44

The majority of Ivorian refugees, who fled Cote d’Ivoire due to the outbreak of the civil war at the end of 2002, are currently residing in Nonah refugee camp, in N’zerekore region. They were previously not considered for resettlement, in expectation of their repatriation prospects. At this stage, UNHCR in Guinea estimates that up to 500 persons, single women, victims of violence, or refugees with specific medical needs, might be in need of resettlement in 2006. A more detailed analysis of this caseload is expected at the end of 2005, after a profiling exercise of this population. Liberian Refugees UNHCR is currently putting efforts into organized repatriation to Liberia, as all counties have been declared safe at the beginning of 2005. UNHCR expects the repatriation to be in full swing throughout 2005/06, with an increasing number of Liberian refugees repatriating. Nevertheless, it is estimated that some 350 Liberian refugees would be unwilling/unable to return, on account of their ethnic origin and/or their political opinion. Many particularly vulnerable refugees may find it difficult to locally integrate in Guinea, due to the lack of facilities necessary to address their special needs. Among the Liberian refugees, 100 Mandingo and Krahns are believed to be in need of resettlement. These refugees have a well-founded fear of persecution if they were to return to Liberia, due to their ethnic origin and/or political opinion and will be submitted on an individual basis as legal and physical protection grounds. It estimated that some 100 survivors of violence will also be in need of resettlement. These individuals have been survivors of human rights violations, and physical or sexual abuse. A number of women-at risk, that had been kept as “rebel wives” constitute a part of this group. A number of Liberian refugees, who had experienced multiple displacement (as refugees in Sierra Leone, and in Guinea) are currently residing in Conakry. It is estimated that there are some 60 persons that fit this profile, and UNHCR may look into submission of these cases, on individual basis. UNHCR estimates that some 90 Liberian refugees would qualify for resettlement on grounds of their special vulnerability. This would include the following categories: medical needs, elderly refugees, unaccompanied minors, or those seeking family reunification. Due to the nature of their claims, they might not be able to repatriate to Liberia, and the lack of facilities in Guinea for addressing their needs make them weak candidates for local integration. Other nationalities There are about 150 refugees of other nationalities including Rwandan, Burundians and Algerians who reside in Conakry. Another group of Sierra Leoneans resides in Conakry and in the camps. These refugees might be candidates for resettlement due to their legal and physical protection needs, as well as on medical grounds. Resettlement Projections In total, UNHCR Guinea plans to submit 1,000 refugees for resettlement in 2006.

45

GUINEA-BISSAU, SENEGAL AND MALI Existing Caseload Senegal currently hosts 23,216 refugees and 450 asylum-seekers. Mauritanian refugees (19,778) form the largest group in Senegal, the majority of whom live in rural settlements in the River Valley of Senegal. The remainder of the refugee population has settled in urban areas, mainly Dakar, Thies and Saint Louis. Mali hosts about 10,452 refugees. Guinea-Bissau has a population of 7,548 refugees. Protection Framework The three countries are parties to the 1951 Convention, the 1967 Protocol Relating to the Status of Refugees and the 1969 OAU Convention governing the specific aspects of refugee problems in Africa. For 2005/2006, in addition to other durable solutions, Regional Representation (RR) Dakar will continue to use resettlement strategically not only as a protection tool, but also as a durable solution and a responsibility sharing mechanism for refugees who are unable to integrate locally or repatriate to their countries-of-origin. Breakdown of Resettlement Needs by Population SENEGAL Mauritanian Refugees This group of refugees arrived in Senegal (and Mali) in 1989 amidst socio-political unrest in Mauritania. Initially, there were approximately 7,000 refugees. In 1996-98, it is believed that half of that number voluntarily repatriated either spontaneously or with UNHCR assistance. Regarding the remaining caseload, the socio-economic situation faced by Senegal has not allowed refugees to easily access the labour market due to the high unemployment rate in the country. This has jeopardized prospects for local integration, particularly for refugees living in cities such as Dakar, Saint- Louis and Thies. HCR plans to submit 350 Mauritanians (about 90 cases) composed in majority of vulnerable cases, particularly women at risk residing either in Dakar or in the "fleuve" area. Liberian Refugees Since the 1990’s, Senegal has been hosting 249 Liberian refugees of Krahn, Mandingo, Gio and Kissi ethnicities. Most of them were granted refugee status in accordance with the OAU Convention, though some may have a well-founded fear of persecution on grounds of political opinion and/or ethnicity. While RR Dakar expects the majority of Liberians to return to their country through UNHCR’s voluntary repatriation programme, it plans to submit 25 Liberian refugees for resettlement on protection grounds. Ivorian Refugees

46

There are 54 Ivorians of Malinke and Bambara ethnicities, most with a well-founded fear of persecution on grounds of political opinion and ethnicity. RR Dakar believes that 25 Ivorians may be submitted for resettlement under the woman-at-risk criteria. Rwandan Refugees Of the 304 Rwandan refugees, both Hutu and Tutsi currently in Senegal, RR Dakar intends to submit 57 of them; 7 women who are also victims of violence and torture as well as about 50 persons who have suffered double flight and for whom resettlement is the only durable solution. Some refugees are of mixed marriages. Refugees of mixed nationalities From the urban caseload, Burundians (13 asylum seekers and 1 refugee), Chadian (7 asylum seekers and 2 refugees), Gambians (14 asylum seekers and 3 refugees), and from Guineans Conakry (2 asylum seekers and 10 refugees), RR Dakar anticipates submitting a total of 16 persons on protection grounds for resettlement in 2006. MALI Mauritanian Refugees Mauritanians make up the largest group, about 6,000 people, in the country. Like their fellow countrymen who are engaged in agricultural activities along the Fleuve in Senegal, the vast majority of this caseload lives in rural areas in the region of Kayes. They have inhabited this region since the outbreak of the conflict between Senegal and Mauritania in 1989. Very few live in Bamako or in other cities in Mali. The results of an assessment undertaken in April 2004 confirm that the majority of Mauritanians are willing to return only under UNHCR auspices and when they could be recognized by the Government of Mauritania. Further conditions would be the right to recover their lost properties and to enjoy their political, civil and social rights. Most of the refugees in Mali are of Peulh ethnicity and stated that they have always been attacked by the “Moors” and that their nomadic lifestyle allows the authorities in Mauritania to contest their nationality. A number of refugees stated that they could never return to Mauritania because they feared continued persecution on account of their political background or because they had suffered greatly and could not face returning. As in Senegal, RR Dakar is planning to conduct a registration exercise in the course of 2005 to provide the refugees with ID cards. The office is planning to submit about 65 Mauritanian urban refugees; 10 of whom have refugee claim based on their political opinion and 55 woman-at-risk cases in 2006. Ivorian Refugees There are 2,704 Ivorian refugees who arrived to Mali when the civil war broke out in Cote d’Ivoire in September/October 2002 and again in 2004. This group represents the second largest group of refugees of Malinke, Yacuba and Bete ethnicities from the north and western parts of Ivory Coast. They were granted refugee status in accordance with the 1969 OAU

47

Convention on refugees. While the majority of the refugees fled because of the conflict, there are a few vulnerable cases whose claim is also based on their ethnic origins. UNHCR will work to resettle about 40 Ivorian woman-at-risk refugees in 2006. GUINEA-BISSAU Out of the 7,548 living in the country, 7,317 are Senegalese who fled the conflict in the Casamance region of Senegal in 1992. Taking into consideration the improved security situation in Casamance, and the anticipated finalization of the Peace Agreement and related accords, RR Dakar envisions mounting a repatriation operation. Additionally, since the stability in Sierra Leone and Liberia and the return of many of their nationals, resettlement is also not foreseen for these groups as voluntary repatriation is deemed to be the preferred durable solution. However, UNHCR will, on a case by case basis, submit the few persons for whom resettlement is assessed to be the only durable solution. For 2006, this number is anticipated to be about 20 persons of Liberian, Sierra Leonean and Ivorian nationalities. Resettlement Projections RR Dakar has identified, for the three countries combined, a total of 598 refugees (Senegal 473, Mali 105 and Guinea-Bissau 20) in need of resettlement during 2006. All would be individual case submissions. LIBERIA Existing Caseload In spite of its instability for more than a decade, Liberia has been host to several thousand refugees mainly from Sierra Leone and Ivory Coast. At the end of its promoted voluntary repatriation exercise on 31 December 2004, some 2,750 Sierra Leonean refugees, at the three refugee camps in Montserrado County, were verified to be still in Liberia. In the north and south-eastern regions, some 12,650 Ivorian refugees were recorded following the verification exercises during the last quarter of 2004. In addition, Liberia is host to around 575 urban refugees, asylum seekers and population of various nationalities who are of concern to UNHCR. Protection Framework Liberia is a State Party to the 1951 Convention and its 1967 Protocols, the 1969 OAU Convention governing the specific aspects of refugee problems in Africa, the Convention against Statelessness, the International Covenant on Civil and Political Rights, the International Covenant on Economic and Social Cultural Rights, the Convention Against Torture, the Convention on the Elimination of all forms of Discrimination Against Women, and the Convention on the Rights of the Child. Liberia has its own national legislation on refugees -- the 1993 Refugee Act. While most of the refugees, particularly from Sierra Leone and Ivory Coast, were recognized on a prima facie basis by the Government of Liberia and UNHCR, a number of refugees have been under the 1951 Convention and/or Mandate refugee status. However, it has not been

48

possible to provide adequate protection and assistance to asylum seekers and refugees in accordance with the internationally accepted standards due to lack of capacity engendered by the prolonged and intermittent civil war. Since the dissolution of the Taylor regime, the Asylum Committee of the Government has not been reactivated. The Committee was established under the 1993 Refugee Act and it is charged with the responsibility of adjudicating asylum claims and granting refugee status. UNHCR recently reminded the Government about the significance of the reactivation of this Committee and availed its support to the process. For the time being, UNHCR has been conducting preliminary refugee status determination with a view of determining whether or not asylum applicants are of concern to the Office. Breakdown of Resettlement Needs by Population Sierra Leonean refugees UNHCR will continue to pursue voluntary repatriation on an individual, case-by-case basis with the assumption that some 500 or more will return before the end of 2005. In addition, UNHCR will promote the local integration of some 650 or more refugees who, through profile, have expressed their desire to change their status in Liberia to either resident aliens or naturalized citizens in accordance with the Constitution and the Alien and Nationality Laws of Liberia and as “Community Citizens” as provided for under the ECOWAS (Economic Community of West African States) Treaty. UNHCR will also utilize resettlement as both durable solution and protection tool for carefully identified refugees with special needs including vulnerable refugees such as those medically at risk, survivors of violence and torture and women at risk. Also, those with legal and physical protection needs. For the special needs category, some 50 refugees have been identified for processing in 2005 while 100 individuals will be identified during the course of the year for processing in 2006. Ivorian refugees UNHCR will continue to keep voluntary repatriation under active review, and closely monitor the developments in Ivory Coast with a view of facilitating return as soon as condition proves permissible. UNHCR will identify potential protection and vulnerable cases for assessment with a view of recommending them for resettlement. Already, an estimated 120 refugees of the Djoula ethnic group from Ivory Coast are expected to be identified for referral in 2006. This ethnic group faces potential threat to their legal and physical security in their country of origin and are at risk in the country of asylum due to the fact that members of this ethnic group have an antagonizing ethnic group situated along the borders. Urban refugees UNHCR is still exploring the local integration possibility for urban refugees from Sudan, Algeria, Iraq, Rwanda, Democratic Republic of Congo, Togo, etc. most of whom are long stayers. This is in light of the improved security situation in the country. However, if the social and economic situation in the country manifest lack of this possibility in the nearest future, resettlement of this category of refugees will be explored.

49

Resettlement Projections Whereas UNHCR Liberia projects a resettlement need for 220 refugees in 2006, its capacity stands at 140. NIGERIA Existing Caseload Nigeria hosts an estimated 9,000 refugees of whom 5,663 are Liberians and 1,505 are Sierra Leoneans. These refugees are accommodated primarily at Oru Refugee Camp, Ijebu-Oru, and in Lagos. It is estimated that 70% of the entire refugee population is composed of women, children and adolescents. Protection Framework Nigeria is a party to the 1951 Convention and its 1967 Protocol, as well as to the 1969 OAU Convention relating to refugees. The Nigerian Decree No 52 0f 1989 establishing the National Commission For Refugees (NCFR) provides the national framework of implementation for the protection of refugees and other population of concern to UNHCR. In order to obtain accurate vulnerability data of the refugee population both in Lagos area and Oru camp, a Social Survey of refugees was conducted in January and February 2005, in conjunction with a registration exercise for the purposes of issuing ID cards. The survey comprised a two page questionnaire completed by all refugees included in the registration, designed to identify vulnerable groups including survivors of violence and torture, single heads of household, single females, unaccompanied minors and elderly refugees. Considering the current improvement in the security situation in Liberia, the Branch Office has commenced a facilitated repatriation exercise in 2004. To March, some 957 refugees were assisted to return home. However, these cases should be processed before the promoted phase of repatriation in 2006 after the general elections in Liberia scheduled in October 2005. Breakdown of Resettlement Needs by Population Liberian Refugees Of the 5,663 Liberian refugees in Nigeria, 3,548 are accommodated in the Oru refugee camp. A smaller number of recognised refugees live in Lagos, Port Harcourt, Enugu and very few in the Northern parts of the country. In 2003, there was an influx of Liberian refugees due to new outbreak of hostilities in their country. These new arrivals are mainly from Krahn, Kru, Mandingos, Loma, Kpelleh, Grebbo, Gissi, Kissi, Vai and other groups. Completed questionnaires from respondents in Oru camp were screened in February, resulting in the identification of 145 cases (about 450 individuals) classified as either survivor of violence and torture and single parent, or survivor of violence and torture and single female. Refugees falling into these categories would typically face particular difficulties integrating

50

locally, and would often be especially unwilling to avail themselves of voluntary repatriation. Consequently, the cases identified as meeting these vulnerabilities will be assessed for possible resettlement. An additional 100 persons with physical and legal protection needs and special needs will be referred in 2006. Sierra Leonean Refugees Concerning Sierra Leonean refugees, given the improvement of conditions in their country of origin and the completion of the mass repatriation exercise in December 2004, UNHCR will only consider the resettlement of Sierra Leonean refugees from Nigeria for individuals with legal and physical protection or special needs. UNHCR believes that 50 Sierra Leonean refugees will be submitted for resettlement from Nigeria in 2006. Other nationalities Resettlement is also being actively considered for other nationalities that are unable to repatriate or locally integrate. In particular, Sudanese, Congolese, Ethiopian and Rwandan refugees are being considered. In total, UNHCR hopes that 90 refugees from these other nationalities will be submitted for resettlement in 2006. Most of these refugees are having difficulties to integrate mainly because of language barriers; they also allege harassment from the security operatives because they are non-ECOWAS citizens. Resettlement Projections While resettlement forms an integral part of UNHCR’s response to the protection needs of refugees in Nigeria, resource constraints continue to be a major obstacle to case identification and processing. In 2004, 17 cases 70 individuals of various nationalities were submitted for resettlement while 15 persons departed to the USA, Canada and Australia under the same programme. In 2005, UNHCR Lagos is planning to boost its resettlement activities to respond adequately to its protection needs. A comprehensive resettlement plan which focuses on vulnerable cases has been elaborated with the regional hub support. In total, UNHCR's Branch Office in Lagos plans to submit 240 persons on individual submissions for resettlement in 2006. SIERRA LEONE Existing Caseload Sierra Leone hosts an estimated 65,568 Liberian refugees, as well as small numbers of non-Liberian refugees and asylum-seekers. Of the Liberian refugee population, 51,067 who arrived since 2001 are residing in eight refugee camps in the Southern Province, assisted by UNHCR. This is in line with government policy that requires new arrivals to be accommodated in camps rather than border communities for security reasons. There are approximately 10,863 urban refugees, of whom approximately 7,000 are from an “old caseload” from the 1990s.

51

Protection Framework Sierra Leone is a party to the 1951 Convention and its 1967 Protocol, as well as to the 1969 OAU Convention. Although carried out generously in practice, provisions for refugee protection are not yet adequately reflected in domestic legislation. In the absence of legislation or government procedures for determination of refugee status, UNHCR continues to fulfil this role. The Government has been receptive to UNHCR’s advocacy that, as Sierra Leone progresses towards lasting peace and normality, it is important for the Government to assume responsibility for the determination of refugee status and other related matters. UNHCR has provided a draft Refugee Protection Bill to the Government which has been submitted to the Cabinet as a model. In early 2004, the Cabinet agreed that Sierra Leone should enact refugee legislation and it is hoped that legislation will be passed during 2005. Breakdown of Resettlement Needs by Population Liberian Refugees The caseload of Liberian refugees could be divided into two categories: old and new. As regards the old caseload, of approximately 7,000 Liberian urban refugees (consisting mainly of Vai, Mandingo, Mende and Kru), individual assessments were conducted in 2000-01 after the completion of the first Liberian repatriation operation (1997-99), in order to assess reasons for non-repatriation, find durable solutions and target assistance. Just fewer than half the population met the 1951 Convention refugee definition and the remainder met the OAU Convention definition. Approximately 10% of the population was identified for resettlement on an individual basis and have been submitted to resettlement countries. In 2004 new efforts were made to enhance the use of resettlement as a durable solution. To this end, a group submission of 353 cases (1,119 persons) from the old caseload was made to the U.S.A in December 2004. Therefore, individual submissions from among this caseload are expected to be minimal in 2006. It should be noted that although recent political and security improvements in Liberia have finally opened up the prospects for voluntary repatriation, there is very little interest in this durable solution among the old caseload of refugees, due to the length of time they have been out of Liberia. Nevertheless, this population will have access to mass information and individual counselling to promote voluntary repatriation, especially targeted at those for whom voluntary repatriation was identified as the most appropriate durable solution in the 2000-01 individual assessment. Among the new caseload of Liberian refugees (51,067 arrivals from 2001 onwards), voluntary repatriation is expected to be the primary durable solution. However, it would not be appropriate to expect some categories to repatriate (e.g. survivors of violence or torture and those with serious medical needs), in view of lack of appropriate treatment in the country of origin as well as past experience of atrocious forms of persecution in the case of survivors of torture or violence. Other categories for resettlement expected among the new caseload will include refugees with legal / physical protection needs and women at risk. Options for local integration are also extremely limited in Sierra Leone, which is currently in a recovery phase after a decade-long civil conflict. Social and economic infrastructures, which were among the world’s poorest even before the crisis, have been devastated by the war. Despite expectations that repatriation will substantially pick up in the year 2006, resettlement

52

will still remain available as a key durable solution and protection tool to these refugee caseloads. Resettlement Projections UNHCR’s Branch Office in Freetown estimates that there are approximately 1,000 refugees in need of resettlement. Due to limited capacity, however, UNHCR anticipates the submission of only 450 refugees for resettlement from Sierra Leone in 2006.

SOUTHERN AFRICA

Projected needs: 4,903 persons / Processing capacity: 2,588 persons ANGOLA Existing Caseload Angola hosts approximately 13,970 refugees. The majority of these refugees are from the Democratic Republic of Congo (DRC) who fled the conflict in Katanga province in the 1970’s and were granted prima facie status. Protection Framework Angola is a party to the 1951 Convention and its 1967 Protocol, in addition to the 1969 OAU Convention. In 1991, the Angolan Parliament adopted national refugee legislation. This law created the Committee for the Recognition of the Right of Asylum (COREDA). This legislation also grants recognized refugees the right for employment that is sometimes challenged by the authorities. Opportunities for local integration prospects are the preferred durable solution for refugees who have resided in Angola for more than 20 years. During the 27-year Angolan civil war, more than three million Angolans, 25 percent of the entire population were displaced by the conflict. Refugees in Angola have also been affected by the conflict and become secondarily displaced within Angola. Though peace has been restored throughout the country since the signing of the cease-fire agreement between the Government and UNITA in April 2002, the humanitarian situation remains fragile and is expected to remain so for some time, as rural areas of the country continue to suffer from little support in basic social and physical infrastructures. Breakdown of Resettlement Needs by Population Congolese Refugees Angola also hosts 356 Congolese refugees of various ethnic backgrounds mainly from Kinshasa. The majority of these refugees fled persecution by the former Mobutu regime in

53

Zaire, at that time, and others persecution by the Kabila regime in the late 1990’s. Although repatriation prospects continue to improve, many refugees have expressed reluctance to return to the DRC. During 2005, an intention survey is being conducted to have a better idea on the prospects for repatriation and local integration. Approximately 40 persons will be submitted for resettlement. Rwandan Refugees The majority of Rwandan refugees that arrived since 1997 are of Hutu ethnicity and are not likely to repatriate to their country of origin. Depending on the Government’s decision, local integration could be a key in finding a durable solution for this refugee population. Amongst the residual caseload, BO Luanda anticipates to submit only 10 persons for resettlement. Resettlement Projections Based on the limited resources available for resettlement, UNHCR’s Branch Office in Luanda anticipates submitting a total of 50 refugees for Angola in 2006. BOTSWANA Existing Caseload There are approximately 2,800 camp-based refugees and 1,000 asylum seekers in the country. Protection Framework Botswana is a signatory to the 1951 Convention and the 1967 Protocol. The outlook for asylum seekers and refugees is expected to remain the same in 2006 with little prospect for local integration, work, and for refugees to move freely in the country. Government authorities continue to detain asylum seekers at the Francistown Detention Centre for Illegal Immigrants pending the outcome of their asylum applications. At the beginning of 2005, the government announced in Parliament that it is planning to build a second centre at Molepolole to be operational by 2006. Resettlement Projections Resettlement is used as a protection tool and cases will be submitted according to identified needs. MALAWI Existing Caseload Malawi has approximately 7,000 refugees, consisting of Rwandans (35%), Congolese (32%), Burundians (31%), Somalis (1%) and other (1%). These refugees live in two refugee camps – Dzaleka and Luwani. About 1,000 refugees stay in Lilongwe and in small numbers in other

54

urban areas: Blantyre, Mzuzu and others. Dzaleka refugee camp is located near Lilongwe and Luwani refugee camp is situated about 120 kms from Blantyre, the largest city in Malawi. Protection Framework Malawi ratified and acceded to both the 1951 Convention and 1967 Protocol relating to the Status of Refugees as well as the 1969 OAU Convention. However when ratifying the 1951 Convention and its 1967 Protocol, Malawi made reservations to several articles which have made it difficult for the Government to reflect their contents in its Refugee Act as well as promote a meaningful or effective policy outside the legal framework regarding the employment of refugees and their self-sufficiency. The asylum process in the country is a two-tier system. The Refugee Act in its Article 3 creates a seven-member Refugee Committee comprising all key Government departments in the field. Furthermore, a Technical Committee, though not specifically provided for under the Act, conducts refugee status determination (RSD) interviews of all applicants and makes a recommendation to the Refugee Committee. The two bodies use the 1951 UN Convention and its 1967 Protocol as well as the 1969 OAU Convention. The bulk of the cases presented before these two committees were essentially a result of the civil war that erupted in the Congo DR, Burundi and Somalia. Breakdown of Resettlement Needs by Population In 2006, the office is looking into resettlement for the long-staying refugees, focusing on traditional protection-related resettlement grounds. Although UNHCR Malawi is promoting voluntary repatriation of Rwandan refugees, following the Tripartite Agreements in 2002 and 2003 between Rwandan and Malawian Governments and UNHCR, some refugees are still reluctant to return to their country of origin. Thus, bearing in mind that the naturalization of refugees in Malawi is restricted by the present law, UNHCR Malawi is in the process of identifying those in need of resettlement. Resettlement Projections The office believes that there are approximately 570 refugees in need of resettlement. However, due to the limited staffing capacity, the office can process approximately 250 refugees. The office has an Associate Field Officer (Protection) with resettlement experience and necessary training. The office is planning to recruit a Resettlement Clerk (TA) for 2005 to help the Associate Field Officer (Protection) complete the files for resettlement. In order to complete the resettlement of all refugees who are in need of resettlement from Malawi, the office will need assistance from the Regional Resettlement Hub in Nairobi with the deployment of one or two ICMC Resettlement Consultants on mission. MOZAMBIQUE Existing Caseload

55

Out of 6,135 asylum seekers, 1,274 were recognized up to April 2005. Most originate from the Great Lakes Region. Protection Framework Mozambique is party to the 1951 Convention, the 1967 Protocol as well as the 1969 OAU Convention. Mozambique has made reservations to Articles 13, 15, 17, 19, 22, 26 and 34 of the 1951 Convention thus introducing some potential limitations to the prospects of local integration. The same reservations were endorsed in the national Refugee Act of 1991. No prima-facie status is granted in Mozambique. All asylum seekers undergo individual Refugee Status Determination in view of the 1951 and OAU Conventions. In general, refugee status is usually granted according to Article 1.2 of the OAU Convention to Congolese, Burundian and Rwandan applicants. Breakdown of Resettlement Needs by Population Resettlement has been established for protection cases for which voluntary repatriation or local integration are not a viable solution. Congolese Refugees Out of a total of 3,786 Congolese refugees more than 90% come from the South and North Kivu in DRC. Among the referrals there are survivors of violence or torture (SVT) and persons referred on other protection grounds. Burundian Refugees Out of a total of 1,061 Burundian residing in Mozambique, some 75% are Hutu (574 out of 685 residing in the camp), 20% Tutsi (77 residing in the camp) and 5% Mixed (34 residing in the camp). Rwandan Refugees The official number of Rwandans residing in Mozambique is 891. The majority are Hutu. Within the camp caseload and out of 491 individuals, 350 are Hutu and 21 are Tutsi. Other Nationalities Some Uganda (4), Sudan (6) and Liberia (1) cases are under resettlement procedure. These individuals who are minorities among the refugee population face discrimination, isolation and lack of integration within the camp population and also within Mozambican society in general. Resettlement Projections Resettlement has been established for protection cases for which voluntary repatriation is not a solution. For 2006, some 1,050 individuals are expected to be referred for resettlement. NAMIBIA

56

Existing Caseload As of April 2005, the refugee population at Osire refugee camp was 6,731. The majority of these refugees (5,054) originate from Angola. The rest come mainly from DRC (860), Rwanda (299) and Burundi (214). A small number of refugees from other countries are also present. There is an urban caseload of refugees in Namibia. These are refugees who have decided not to live in the camp and establish themselves in urban areas either with or without permits. The number is believed to be some 6,000 refugees. Protection Framework Namibia is a party to the 1951 Convention but is not a party to the 1969 OAU Convention. The country passed the Refugee Control Act in 1999 that incorporates the provisions of the 1951 Convention and the extended refugee definition from the 1969 OAU Convention. Namibia maintains its reservation to Article 26 of the 1951 Convention whereby there are restrictions on the freedom of movement of refugees. In this connection, Namibia has imposed an encampment policy and asylum seekers and refugees are required to reside in a designated area, in this case Osire refugee camp. Refugees are therefore obliged to ask for a special permit to leave the designated area. Local integration of refugees into Namibian society is not possible, at least for large groups of refugees. The authorities maintain that fertile land is very scarce in Namibia and not enough for the local population let alone for refugees. However, there have been cases of refugees who have been able to locally integrate but on individual basis (those whose skills are highly demanded in the country such as medical doctors). There are no legal mechanisms for refugees to become permanent residents or citizens of Namibia. Resettlement Projections In 2006, UNHCR Namibia will continue to use resettlement as durable solution, especially for individual cases lacking local integration in Namibia and for women at risk and security cases. Medical cases and family reunification cases will be considered as well. Some 25 individuals are expected to be referred for resettlement: Burundians (7), Congolese DRC (16), and Rwandan (2). SOUTH AFRICA, SWAZILAND, LESOTHO, THE INDIAN OCEAN ISLAND STATES Existing Caseload UNHCR’s Representation in Pretoria has the responsibility for the resettlement of refugees from Swaziland, Lesotho and the Indian Ocean Island states: Comoros, Madagascar, Mauritius, and Seychelles. It furthermore provides assistance and/or advice upon request of the Heads of Office in Mozambique and Botswana.

57

The Department of Home Affairs assesses asylum requests. According to the statistics provided by the Department, approximately 184,979 applications for asylum were received since 1994, of which 32,565 applications were made in 2004. In 2005, 68,934 asylum applications were made. Protection Framework The Republic of South Africa is a party to the 1951 Convention and its 1967 Protocol, in addition to the 1969 OAU Convention. South Africa hosts a diverse refugee and asylum caseload. The weaknesses in the asylum procedures provide an opportunity for abuse by economic migrants of various backgrounds. Out of the top ten largest asylum applicant nationalities, six countries are traditionally non-refugee producing. UNHCR Representation in Pretoria is working with the Government to significantly improve the asylum system by using a number of strategies including increased staffing of the Department of Home Affairs, training of existing and new staff, introducing technology which is capable of identifying multiple applications. Efforts to clear the backlog in 2005 increased the number of refugees in 2005. The challenges notwithstanding, UNHCR believes that a number of Congolese (DRC), Burundian, Ethiopian, Somali, Zimbabwean and Rwandan refugees face protection problems that may only be resolved through resettlement. Cases of refugees facing legal or physical protection problems will continue to be submitted. UNHCR resettlement activities in South Africa have increasingly focused on specific vulnerable categories. These vulnerable categories cover all nationalities. Special consideration will be given to female-headed households, where refugee women have not been able to become self-sufficient while caring for their children. Resettlement activities will also focus on chronically ill or disabled refugees, who do not have access to local support structures and for whom UNHCR is not able to provide support due to funding constraints. Finally, UNHCR is concerned about the condition of a number of vulnerable youth, who are in need of resettlement due to their lack of local integration prospects. Breakdown of Resettlement Needs by Population Congolese Refugees South Africa receives asylum applications from Congolese fleeing government-held territories, as well as from rebel-controlled areas in the Eastern part of the country. The total number of Congolese asylum applications received by the Department of Home Affairs is 28,794. A number of Congolese refugees claim to have been human rights activists, members of opposition parties or former civil servants. In addition, a significant number of Congolese refugees from the Eastern part of DRC have fled general violence and comprise large families and single-headed households. Due to lack of support mechanisms, they experience considerable difficulties in becoming self-reliant in South Africa and are considered vulnerable. Resettlement submissions will predominantly be made for persons who fit within these two categories. An estimated 140 persons will be in need of resettlement. Burundian Refugees

58

The Burundian refugees in South Africa include refugees from the 1993 upheavals and refugees fleeing the on-going conflict in Burundi. The total number of asylum applications received by the Department of Home Affairs is 5,263 although the majority of new arrivals are students and young intellectuals; there are also a number of single heads of households. Constraints experienced by refugees are related to mixed ethnic origins, difficulties with accessing existing structures for trauma counselling/medical care, and inability to become self-reliant. An estimated 90 persons will be in need of resettlement. Ethiopian Refugees South Africa also hosts a number of 8,720 Ethiopian asylum seekers and refugees applications. Most Ethiopians approach UNHCR with regard to alleged security risks emanating from agents from the country of origin in South Africa. UNHCR has assessed that in a great number of cases refugee status can not be positively determined and/or security concerns are not found to be credible. However, for some cases determined to be credible, resettlement will continue to be considered. In addition, UNHCR will consider some Ethiopian cases of Eritrean ethnicity and cases of mixed marriage, whose asylum applications have been rejected by the South African authorities. Given their background, they cannot return to either Ethiopia or Eritrea, and they are in a condition of de facto statelessness. Also, woman-at-risk and survivor of violence or torture cases will continue to be identified. An estimated 90 persons will be in need of resettlement. Rwandan refugees Most Rwandan refugees arrived in South Africa between 1996 and 2002. The total number of asylum applications received is 2,166. Specifically, UNHCR is concerned about the situation of a number of Rwandans in mixed marriages. While for most Rwandans voluntary repatriation can be promoted, UNHCR believes that a number of refugees could face persecution if returned to Rwanda. Some refugees also face threats from the Rwandan Diaspora in South Africa. Their legal and physical security concerns are compounded by the South African government’s inability to ensure their security. Should these security concerns be confirmed, resettlement may prove to be the only viable durable solution for these refugees, subject to confirmation of their non-excludability. An estimated 135 persons will be in need of resettlement. Somali Refugees UNHCR expects to increase its resettlement submissions of Somali refugees. The total number of Somali asylum applications received by the Department of Home Affairs is 15,525. Although many Somali refugees have been able to successfully integrate in South Africa, there are a number of vulnerable single-headed households and elderly refugees, who have resided in the country for many years and have not been able to become self-reliant. As prospects for voluntary repatriation remain slim for those coming from areas other than Somaliland and Puntland, these cases will be submitted for resettlement. An estimated 90 persons will be in need of resettlement. Zimbabwean Asylum Seekers The number of Zimbabwean asylum seekers in South Africa has increased over the past two years. According to statistics from the Department of Home Affairs, 8,466 persons have

59

sought asylum in South Africa. The Zimbabwean nationals constituted the highest number of asylum seekers for the year 2004. This followed the improved access to asylum procedures. Among Zimbabwean asylum seekers, a considerable number of people are not refugees but came to South Africa for economic reasons and travel back to Zimbabwe frequently. However, there are also a growing number of refugees with strong claims for asylum, who approach the office of UNHCR with concerns for their safety in South Africa. If verified, resettlement for those cases will be considered for legal and physical protection needs. Victims of torture will also be considered for resettlement. An estimated 15 persons will be in need of resettlement. Other Nationalities Additionally, UNHCR expects to submit an estimated 5 persons for resettlement from other nationalities. In total, UNHCR has assessed 565 refugees as being in need of resettlement, but anticipates the submission of only 315 refugees for resettlement from South Africa due to staffing constraints. SWAZILAND The Department of Home Affairs in Swaziland has received 1,013 asylum applications. 686 persons were granted refugee status and 327 persons were awaiting the outcome of their applications by the end of 2003. Most asylum seekers and refugees in Swaziland have been able to become self-reliant and are located in urban areas. There are furthermore 86 persons assisted in a refugee camp. UNHCR is working together with the Swaziland authorities to identify local solutions for those remaining in the camp. The caseload in Swaziland consists mainly of Burundian (18% of the applications), Congolese (14% of the applications), Angolan (14% of the applications), Somali (11% of the applications) and Rwandan nationals (10% of the applications). Considering the availability of local integration prospects, UNHCR does not actively identify cases for resettlement in Swaziland. However, the office will consider a limited number of cases on grounds of legal and physical protection needs, family reunification or special vulnerability restricting them possibly for local integration. An estimated 10 persons will be submitted for resettlement from Swaziland in 2006. INDIAN OCEAN ISLAND STATES In the Indian Ocean Islands, UNHCR works through the local offices of UNDP. The number of refugees in these states is small. At the end of 2004, about 80 refugees and asylum seekers were residing in Madagascar, 7 persons were in The Comoros and no persons of concern to the office were in the Seychelles and Mauritius. The refugee/asylum seeker population consists of nationals from DRC, Burundi and Rwanda. The Indian Ocean Island states have not acceded to the key instruments aimed at protecting refugees and asylum seekers. Lack of accession to international refugee instruments and the absence of national refugee legislation limit the prospects for local integration. UNHCR will continue to explore resettlement as durable solutions for individual cases with no prospects for voluntary repatriation or local integration, while promoting the accession to relevant international instruments and the adoption of appropriate national refugee legislation. An estimated 10 persons will be submitted for resettlement. Resettlement Projections

60

In total, UNHCR Regional Office in Pretoria estimates that 585 persons have a need for resettlement, but due to staffing constraints plans to submit only (335) persons for resettlement from South Africa, Swaziland (10) and the Indian Ocean Islands (10). ZAMBIA Existing Caseload Zambia hosts 177,183 refugees. Approximately 91,296 of these refugees are Angolans, 66,951 are from the DRC, 5,820 are Rwandans, 1,887 from Burundi and 11,229 of other nationalities. The majority of these refugees live in five refugee camps. Protection Framework Zambia is a party to the 1951 Convention, though it maintains reservations with regard to employment and freedom of movement. Zambia is also a party to the 1969 OAU Convention. Zambia’s National Eligibility Committee adjudicates individual cases using both instruments. Prima facie status is granted to refugees arriving in the context of mass influx situations. The vast majority of the refugees living in the camps are prima facie refugees, while those in Lusaka have been accepted as refugees after a refugee status determination interview by the National Eligibility Committee. Zambia’s Constitution and Refugee Act effectively precludes naturalisation. UNHCR is actively promoting reconsideration of Zambia’s reservations to the 1951 Convention and naturalisation legislation. Local integration is currently an option for very few refugees (primarily those with high demand skills such as doctors and nurses) who are able to obtain work permits. Otherwise, refugees cannot obtain residence permits, nor can they work or move freely. Voluntary repatriation is not a viable solution for refugees from DRC and Burundi due to the still precarious situations in these countries despite ongoing peace processes, even though some Burundians and DRC refugees may opt to repatriate. The office applies resettlement primary as a protection tool. However, the office is also exploring resettlement as a durable solution and has proposed a limited number of urban refugees under the “lack of local integration” category for resettlement. Breakdown of Resettlement Needs by Population The focus for resettlement for 2006 is to continue to bring resettlement opportunities to camp based refugees. Congolese Refugees From the estimated caseload of 700 individuals the RO believes it can process in 2006, 300 of those refugees are planned to be taken from the Congolese camps. The Congolese refugees in Zambia come mostly from the Katanga Province. A minority come from the districts of Uvira

61

and Bukavu in Kivu Province. The refugees are both of urban and rural backgrounds. Congolese refugees live predominately in three of the four camps in Zambia: Kala (22,669), Mwange (24,297), and Meheba (2,942). Another 16,881 are self-settled, living in Lusaka and other urban areas. RO Lusaka will continue to process a group of ethnically Kasai refugees, approximately 800, from the DRC. They fled from Katanga Province in 1993 due to ethnic and political conflicts. These are long-staying refugees who were initially permitted to stay in Lusaka. However, due to a change in policy in 2000, they were required to go to the camps. They developed coping mechanisms in Lusaka and have not moved to the camps; but nevertheless, they have been subjected to arrests and harassment while in Lusaka. Over 100 of these refugees were processed in 2005. Due to current staffing levels, only 50 refugees from this group will be submitted for resettlement in 2006. There are approximately 1,800 Luba-Kasai refugees in Meheba. Unfortunately, the registration database is currently inadequate to properly process these refugees through a “group-like” processing exercise. A proper registration exercise is necessary in order to move forward on such an operation. The office also plans to look into the cases of some long-staying Congolese refugees that fled from the massacre at the University of Lubumbashi in 1990. The office believes that there are approximately 100 such refugees in Lusaka. The RO will process the remainder of its capacity, 400, mainly urban based refugees of all nationalities under the traditional resettlement categories. Resettlement Projections In total, UNHCR Lusaka estimates that about 2,220 refugees are in need of resettlement from Zambia. This number has not been identified through profiling but is based upon estimations. Due to limited capacity however, UNHCR anticipates the submission of approximately 700 refugees for resettlement in 2005. The office currently has a Resettlement Officer, ICMC deployee and a part-time Resettlement Assistant. The number of refugees to be processed for resettlement in 2006 depends on the continued assistance of the ICMC deployee. ZIMBABWE Existing Caseload Currently Zimbabwe is host to 10,688 refugees and asylum seekers. The majority originate from DRC, Rwanda and Burundi in the Great Lakes, but there are others from Liberia, Sudan, Somalia, Ethiopia, Angola, Eritrea and Uganda. 80% are based in urban centres, principally Harare, Mutare and Bulawayo. 1,568 refugees are in Tongogara refugee camp in Manicaland Province, approximately 600 kilometres from Harare.

62

The statistics above however have not been verified since 1995 despite reported irregular movement in the last year as well as inherent changes in family composition. However, a major re-registration and revalidation exercise is scheduled for May 2005 after which it will then be possible to map needs more proactively and possibly identify groups. Protection Framework Zimbabwe is a state party to the 1951 UN Convention Relating to the Status of Refugees, its 1967 Protocol as well as the 1969 OAU Convention Governing Specific Aspects of Refugee Problems in Africa. These international obligations to refugees and asylum seekers are translated into domestic law and given full effect by the 1983 Refugees Act. Breakdown of Resettlement Needs by Population The office is currently promoting voluntary repatriation to Angola. Although naturalisation and local integration have been sanctioned by the 1983 Refugees Act, they have been under-utilized due to the rising xenophobia as a result of the current socio-economic crisis and hyper-inflationary environment. Hence, resettlement will continue to be pursued both as a durable solution and as a protection tool. UNHCR Zimbabwe plans to shift its focus from that of care and maintenance to enhanced pursuit of self –reliance. At that point, resettlement may be considered as a strategic initiative to facilitate and encourage the Government efforts towards local integration. Resettlement Projections Zimbabwe estimates that approximately 403 refugees will be in need of resettlement in 2006. However, due to the limited capacity only 178 individual refugees can be processed. The office has already requested an ICMC deployee to assist in screening and processing identified cases, and also plans to hire a Resettlement Clerk to assist in this process.

63

THE AMERICAS The Northern and Central America region has not traditionally been a region from where resettlement has taken place. Local integration has proven in the past to be the most appropriate solution to regional refugee problems. At present, the main destabilising factor in the region is the conflict in Colombia, which continues to cause displacement, both internally and to neighbouring countries. Resettlement from the region has increasingly become an effective protection tool for particular refugees, primarily from Colombia, who face physical and legal protection needs or other urgent protection concerns. It is foreseen there will be a continuing need for protection for the Colombians scattered throughout the region in the years to come. Processing of Colombian refugees for resettlement will mainly continue to be undertaken from Ecuador and Cost Rica. The implementation of the Mexico Plan of Action, adopted in Mexico City on the occasion of the 20th Anniversary of the Cartagena Declaration, may result in an important increase of resettlement activities throughout the region. The Plan represents the implementation of the Agenda for Protection in Latin America and will assist in further developing the emerging resettlement programs in Brazil and Chile and will also provide, through its solidarity resettlement programme, new opportunities for the resettlement of Colombian refugees within the region. Given the current nature of displacement based on refugees fleeing war and civil strife, some potential scope for group submissions could be envisioned though it has not yet materialized in this region.

NORTHERN AND CENTRAL AMERICA COSTA RICA Existing Caseload Costa Rica hosts 10,413 refugees, including 8,750 Colombians, 619 Nicaraguans, 497 Cubans, and 547 of other nationalities. In 2004, Costa Rica received an average of 120 asylum claims per month from Colombian nationals. Protection Framework Costa Rica is a party to the 1951 Convention and its 1967 Protocol. Since 1983, the national authorities have assumed responsibility for refugee status determination procedures. Breakdown of Resettlement Needs by Population

Projected needs: 1,980 persons / Processing capacity: 1,385 persons

64

Colombian Refugees Although Costa Rica does not share a border with Colombia; it nevertheless continues to represent one of the best options for Colombian nationals requiring international protection. There are some factors which jeopardize Costa Rica’s capacity to offer secure conditions for a sector of the beneficiary population. Due to its geographic location, Costa Rica is vulnerable to illicit trafficking including war-related material. This has contributed to the tacit recognition the country is exposed to the presence of illegally armed groups from Colombia. This situation was first acknowledged by the Costa Rican government in 2001 in a letter from The Minister of Foreign Affairs addressed to UNHCR and later reported by the country’s media. The Minister of National Security confirmed this in early 2005. In addition, the Minister of Foreign Affairs acknowledged the country’s inability to provide adequate protection for cases of Colombian nationals suffering persecution from illegal Colombian armed groups. In the course of 2004, UNHCR noted a significant deterioration in the security situation of Colombian refugees; resulting in the increase of incidents involving extortion, kidnapping and shootings perpetrated allegedly by members of the Colombian illegal armed groups. In several cases the competent national authorities were either unable or unwilling to provide adequate protection. UNHCR also received numerous reports from refugees alleging that national authorities have taken a sceptical attitude regarding their complaints, often refusing to document the reports or informing the refugees explicitly that no investigation will be carried out. As such, the conditions in Costa Rica require that the resettlement program continue to process an increasing number of cases whose security cannot be adequately addressed by local authorities. In recent years, the Office has mainstreamed its resettlement activities as an important component of the overall durable solution strategy for Costa Rica, and has been able to ensure that the provision of resettlement for a limited number of carefully selected cases with legal or physical protection needs (94% of UNHCR Costa Rica’s submissions have as their primary resettlement criteria Legal and Physical Protection Needs), was done through a fluid and effective procedure. In addition, resettlement has been identified as an appropriate solution in very exceptional cases of Women-at-Risk (3%), refugees with a Lack of Local Integration Prospects (2%), and other criteria (1%). However, the relative “invisibility” of Costa Rica’s social and financial burden as a major destination country for Colombian refugees is currently an obstacle to offering resettlement as an effective mechanism of protection for refugees determined to be in need of resettlement. The misinformation with regards to Costa Rica’s burden as a host country is manifested in a relative lack of resettlement countries willing to consider referrals from Costa Rica. In addition, since the change in US policy in the latter half of 2004 regarding material assistance to terrorist groups, UNHCR’s capacity to refer cases to the US has diminished drastically. At present, only 40% of the resettlement caseload can be presented to the US due to the strict application of the material assistance clause. This signifies that approximately 60% of the resettlement caseload (approx. 315 people) is in need of alternative resettlement countries.

65

Furthermore, it is expected that by the beginning of 2006 there will be as many as 11,883 recognized refugees in Costa Rica, most of them of Colombian origin and with an increasingly high percentage of these nearing the status of “long-stayers” due to the period of concentrated new arrivals between 2001 and 2002. A key protection concern for the office is that, due to extremely limited perspectives for voluntary repatriation to Colombia in at least the near-term, and the important obstacles faced by Colombian refugees in terms of local integration in Costa Rica, the situation for Colombian refugees in Costa Rica is becoming a protracted refugee situation with worsening prospects for the achievement of durable solutions for all but a minority of the caseload. Resettlement Projections UNHCR believes that as many as 600 refugees may be in need of resettlement from Costa Rica in 2006. Furthermore, the particular vulnerability of the female refugee population in the country will require that the resettlement program increase the identification and referral of cases of women-at-risk for resettlement to a suitable third country. However, limited resettlement options for the Costa Rican caseload and institutional capacity allow for the submission of 525 persons for resettlement from Costa Rica in 2006. CUBA Existing Caseload Cuba hosts a total of 795 refugees. The refugee population is mostly urban and consists of diverse nationalities including Latin American, African, Middle Eastern and Central Asian countries. Refugees with temporary residency make up about 92.5% of the total caseload. The majority of the refugee population is made up of Western Saharan refugees who are assisted to return to their first country of asylum, Algeria, after finishing scholarship studies in Cuba. Protection Framework Cuba is not a party to either the 1951 Convention or its 1967 Protocol. Refugees recognized under UNHCR's Mandate are protected from refoulement and granted provisional authorization of stay until UNHCR can find a suitable durable solution outside of Cuba. There is no legal framework for local integration, nor are there economic/material conditions to promote such a solution inside Cuba. As such, protection in Cuba is provided until such time as UNHCR can find a durable solution in another country. Resettlement is the only viable durable solution for this refugee population, due to lack of possibilities for safe and dignified return. Breakdown of Resettlement Needs by Population Only non-Western Saharan refugees are included in the resettlement caseload. Resettlement Projections

66

UNHCR has intensified its efforts to find resettlement solutions for refugees in Cuba in the past two years. It has achieved important progress and substantially reduced the caseload. Resettlement solutions were found for more than 80 refugees in 2003 and 2004, and approximately 15 additional refugees are expected to be accepted for resettlement during 2005. During 2006, UNHCR's caseload in need of resettlement will include only a small residual group of around 30 refugees, plus new cases recognized during 2005 (projected estimation 25 persons). It is therefore anticipated that the total resettlement needs for 2006 will not exceed 55 persons. ECUADOR Existing Caseload Following a continuous upward trend in the number of asylum-seekers lodging asylum applications from 2000 to 2003, a noticeable decline was registered for the first time in 2004. In 2001 a total of 3,017 asylum applicants had been registered in Ecuador, 6,766 asylum-seekers in 2002, and the caseload registered in 2003 amounted to a total of 11,463 individuals. The number of asylum applicants registered in 2004 however dropped to 7,853 persons. According to official data, the number of asylum-seekers registered in the period between 1 January 2000 and 31 December 2004 reached 29,574. During 2004, the Eligibility Commission recognized 2,395 persons as refugees. Additionally, HCR recognized 37 cases or 101 refugees under its mandate. These cases were subsequently submitted to third countries for resettlement due to lack of legal or physical protection. Protection Framework Ecuador is a party to the 1951 Convention Relating to the Status of Refugees and to the 1967 Protocol and the 1954 Convention Relating to the Status of Stateless Persons. Breakdown of Resettlement Needs by Population Colombian Refugees This group represents the majority of the refugees in the country. Their safety remains regularly endangered by the cross border interventions, originating in their country of origin, thus threatening the security of both asylum seekers and refugees. This situation gives rise to many cases of physical insecurity and serious protection problems requiring resettlement as the primary tool of protection. In addition to cases which are considered so sensitive that they cannot be submitted for consideration by Ecuadorian authorities, UNHCR must also address the caseload rejected by the Ecuadorian asylum procedures, due to perceived political or security concerns,. Those with compelling security concerns must be submitted urgently for resettlement as the only real means of protection for these individuals. The office also deals with a caseload of unaccompanied and head of household refugee women, who continue to face discrimination and stigmatisation based on their nationality. This

67

situation remains a major obstacle for local integration and access to basic social and economic human rights, like housing, education and health. As a result refugee women are exposed to sexual and labour exploitation, abuse and SGBV. Resettlement is being used as the most effective protection tool. Other nationalities In addition to the Colombian caseload, there are asylum seekers arriving mainly from Peru and Haiti. These individuals experience significant difficulties with local reintegration as well as protection threats; and are therefore in need of resettlement. Resettlement Projections Some 980 persons of the Colombian caseload requiring legal and physical protection, women at risk, survivors of violence and torture, and children will be in need of resettlement. Additionally, 20 persons of other nationalities, mainly Peruvians and Haitians, will require resettlement. Limited staffing is expected to restrict submissions to 650 persons. MEXICO, GUATEMALA, HONDURAS, EL SALVADOR, NICARAGUA AND BELIZE Existing Caseload The refugee caseload in the six countries of the sub-region is comprised of 6,281 persons, of which 1,494 are rural refugees of Guatemalan origin (living in refugee settlements in southern Mexico) and 4,787 are urban refugees of diverse regional and extra-regional nationalities (living in the principal urban centres throughout the region). The urban refugee caseload in each country is as follows: Mexico 2,849 persons; Belize 732 persons; Guatemala 656 persons; Nicaragua 292 persons; El Salvador 235 persons; Honduras 23 persons. Protection Framework Refugees are generally able to enjoy legal and physical protection in these countries of asylum. The principal durable solution for refugees in Mexico, Guatemala, Honduras, El Salvador, Nicaragua and Belize is local integration. Most long-staying urban refugees, many of whom are from other Latin American countries, have opted for local integration, including permanent residency. Central American refugees in particular have benefited from generous naturalisation programmes. Breakdown of Resettlement Needs by Population UNHCR identifies individual cases, mostly Colombians, in need of resettlement. A few extra-regional refugees are also identified annually who have not been able to locally integrate due to serious barriers to economic self-sufficiency resulting from cultural and linguistic differences and the notable absence of a Diaspora of certain nationalities in these countries. Some special medical cases and/or women-at-risk cases are also periodically identified, whose specific medical, psycho-social or other protection needs cannot be met in the first country of asylum. Such cases are resettled on an individual basis.

68

Resettlement Projections During 2006, UNHCR expects to submit a maximum of 15 persons for resettlement from these six countries. VENEZUELA, PERU, ARUBA AND CURAZAO Existing Caseload In addition to Colombian refugees, the caseload includes asylum seekers arriving from other countries, both from the nearby area (Guyana, Cuba, and Haiti) as well as extra-regional cases, mainly from African countries. The latter face particularly difficult circumstances because of their cultural and linguistic differences as well as racial discrimination that limits their integration possibilities and are therefore in need of resettlement. Protection Framework Venezuela ratified the 1967 Protocol, relating to the Status of Refugees on 6 May 1986, with the reservation that the treatment to be accorded to refugees by virtue of the 1967 Protocol does not include those rights and benefits which Venezuela have been granted or may have been granted regarding entry into or sojourn in Venezuelan territory to national of countries with, which V3nezuela had concluded regional or sub-regional integration, customs, economic or political agreements. Peru is a state party to the 1951 Geneva Convention relating to the Status of Refugees and the 1967 Protocol to the 1951 Geneva Convention. The conflict in Colombia continues to cause massive population displacement, both internally and in neighbouring countries. These challenges have intensified since the peace negotiations between the Colombian Government and the guerrillas broke down in February 2002. Armed clashes have pushed the conflict inside Colombia towards the border area, intensifying the number of cross border movements, including of irregular actors over the borders with Ecuador and Venezuela. The safety of the refugees is regularly endangered by these cross border interventions. This situation gives rise to many cases of physical insecurity and serious protection problems requiring resettlement as the primary tool of protection. Resettlement is also the solution for cases rejected in the national asylum procedure, which nevertheless are considered to be of concern to UNHCR. In Venezuela asylum procedures were recently established and are in the process of being further consolidated. UNHCR continues to work with the authorities to strengthen their institutional capacity to respond to the needs of refugees and to develop effective asylum procedures. Resettlement Projections Based on the circumstances described above, as well as limitations imposed by staffing resources, UNHCR in Venezuela is able to process a limited number of refugees and will remained focused on the most serious cases. In principle, the resettlement processing will

69

cover some 45 cases / 130 persons in 2006, out of estimated existing needs of approximately 100 cases / 300 persons. The breakdown of the above identified needs is as follows: 25 cases from Colombia and 15 cases from other countries (5 in Peru and 10 from Aruba and Curazao). These cases in need of resettlement consist of persons who lack of physical protection, victims of torture, women at risk, medical cases, unaccompanied minors, elderly, and those who lack of integration prospects. UNHCR will also continue to process claims in Aruba and Curazao. While these two Caribbean Islands are not granting refugee status / asylum, this situation compels UNHCR to submit their cases for resettlement. As a result, there is need to consider processing for approximately 10 cases (6 Colombian and 4 Cuban). In addition, there are also refugees from African / Middle Eastern / Asiatic origin who may face difficulties in their local integration, and could present cases of women at risk, dependent elders, or unaccompanied children. Some 5 cases / 10 persons may be identified and processed for resettlement.

SOUTHERN SOUTH AMERICA ARGENTINA, BOLIVIA, CHILE, PARAGUAY AND URUGUAY Existing Caseload The five countries in this region are currently hosting approximately 5,260 refugees. Argentina hosts some 3,906 refugees, Bolivia 546, Chile 654, Paraguay 47 and Uruguay 107. Most of the refugees originate from Angola, Colombia, Cuba, Lao People’s Democratic Republic, Peru, Liberia, the DRC and Sierra Leone. Protection Framework All five countries in the region are parties to the 1951 Convention and its 1967 Protocol. Paraguay is the only country to have enacted national refugee legislation. Breakdown of Resettlement Needs by Population The need for resettlement of refugees from the region is minimal. Resettlement is limited to very few cases with specific urgent security or protection needs that cannot be effectively addressed in the country of first asylum. Resettlement Projections Chile continues to resettle refugees from other regions in the context of a much focussed resettlement program, as part of their commitment to contribute to facilitate a durable solution for refugees not only in the Americas but world-wide.

UNHCR anticipates submitting some 10 persons for resettlement from this region in 2006.

70

ASIA

Projected needs: 4,608 persons / Processing capacity: 4,173 persons

SOUTH ASIA

The region of South Asia includes India, Nepal, Bhutan, Maldives, Nepal, Myanmar, Sri Lanka and Bangladesh. None of these countries are a party to either the 1951 Convention or its 1967 Protocol. These states have also not enacted national refugee legislation. Refugee law in the region is therefore virtually non-existent. Local integration is a limited option at this time. UNHCR’s efforts have continued to focus in seeking durable solutions to the various protracted refugee situations throughout the region. Although there seems to be little indication that the countries in the region are considering any change in their response to refugees, UNHCR and its partners are striving to create the conditions in which resettlement programmes may be to facilitate comprehensive solutions plans. A similar approach is being contemplated for the Bhutanese refugees in Nepal, or the Afghan refugees in India. Both caseloads may lend themselves to Convention Plus initiatives and the group resettlement methodology may prove a particular effective tool to address the processing stages of resettlement. Resettlement as a tool of protection for vulnerable individual refugees, both from urban and camp situations, will continue to be an important feature of UNHCR programmes. The identification of vulnerable cases, including women-at-risk and other SGBV cases are being identified and processed from the refugee camps in Bangladesh. There are also smaller groups of urban refugees from a variety of countries in the main cities of the region for which resettlement remains the only viable durable solution. The resettlement submissions for 2006 will therefore represent both urban and camp refugees identified by the UNHCR local offices as being in need of resettlement. This staffing situation is also being supported by the deployment of Resettlement Consultants in South Asia through the UNHCR - ICMC NGO Deployment in India. BANGLADESH Existing Caseload Since 1991, UNHCR has provided protection and assistance to more than 250,000 refugees from the Northern Rakhine State (NRS) of Myanmar. Over 236,600 have repatriated since 1992. From initially 20 camps, there are now only two camps with just over 20,000 refugees. The camp refugees are ethnically Rohingyas and they are stateless. Their religion is Islam. They left the country of origin, Myanmar due to lack of citizenship and freedom of movement,

Projected needs: 1077 persons / Processing capacity: 1077 persons

71

persecution and social discrimination based on religion. The scope for their local integration is not viable at this stage. Protection Framework Bangladesh is not a party to any international or regional refugee instruments and does not have any legislative or administrative provision governing asylum or refugee issues. However, there exists a tradition of providing asylum to populations fleeing from persecution and human rights violations in neighbouring countries. Fundamental human rights and freedom are guaranteed in articles 27 to 44 of the Constitution of Bangladesh. Article 25 (1) (c) of the Constitution for instance asserts that the State shall “support oppressed peoples throughout the world waging a just struggle against imperialism, colonialism or racism”. Article 31 of the Constitution is more relevant to the asylum seekers and refugees. It provides legal protection not only for the citizen, but also for ‘every other person’ who for the time being is within in the country. However, there is no legal interpretation of the provision, and hence it cannot be used for the cause of refugees. There is also a lack of pro-active role from the part of the GOB in this regard. To increase the viability of durable solution, UNHCR Bangladesh plans to submit up to 420 persons for resettlement in 2006 including 400 Rohingya refugees from the Northern Rakhine State of Myanmar with special protection case. Earlier, UNHCR Bangladesh did not use resettlement as a major tool of durable solution for refugees. Local integration is not a viable option for refugees in Bangladesh. However, repatriation may be an option for the urban refugees from Myanmar if the situation in the country improves. For others, mainly the remaining refugees from Somalia and Iran, repatriation is not viable at this stage. Breakdown of Resettlement Needs by Population Myanmarese Refugees 236,601 camp refugees, the Rohingyas from the Northern Rakhine State of Myanmar, have repatriated as of 31 March 2005. The remained caseload of camp refugees is 20,387 (as of 31 March 2005). Among the small urban caseload (78 families/157 persons), 56 cases/111 persons are from Myanmar (non- Rohingya). Other nationalities The country-wise break down of other refugees are: Iran- 7 cases/ 27 persons, Somalia- 11 cases/ 15 persons, Sierra Leone- 3 cases/ 3 persons and Afghanistan 1/ 1 person. Resettlement Projections Given this scenario, UNHCR Bangladesh plans to process cases of both the camp and urban refugees- 400 camp refugees (Rohingyas) and 10 urban refugees, mainly Somali refugees for resettlement in 2006. One case/5 persons of Somali refugees have already been planned to process for resettlement in 2005. The camp refugees are ethnically Rohingyas and they are stateless. Their religion is Islam. They left the country of origin, Myanmar due to lack of citizenship and freedom of movement,

72

persecution and social discrimination based on religion. The scope for their local integration is not viable at this stage. INDIA Existing Caseload As of 28 February 2005, some 11,127 refugees were recognised under UNHCR's Mandate, including approximately 8,567 Indian Origin Afghans, 1,209 ethnic Afghans, 1,197 Myanmarese, 61 Iranians, 41 Somalis, 6 Sudanese, and 46 other refugees of different nationalities. Protection Framework India is not a state party to the 1951 Convention or the 1967 Protocol, nor is there any domestic law or proceedings governing the protection of refugees in India. Since India does not have a formal refugee protection regime, the legal status of Mandate refugees falls within the provisions of the Foreigners Act. Apart from Tibetans and Sri Lankans, who come directly under the jurisdiction of the Government of India as prima facie refugees, there are urban refugees falling within the Mandate of UNHCR whose status has been individually determined. Breakdown of Resettlement Needs by Population Afghan Refugees The Government of India generally issues temporary residential permits, valid for one year, to Afghan refugees who had arrived in India before the end of 2001. However the issuance and extensions of these permits is entirely at the discretion of the Indian authorities. The protection of the refugees is thus dependent on the goodwill and at times on the shifting policies of the authorities. Furthermore refugees do not have legal access to work and they can avail of jobs only in the informal sector, which are limited for foreigners and expose them to exploitation by employers and harassment by law enforcement agencies.

In view of the religious and cultural affiliation of the Hindu/Sikh Afghans with India and the fact that the majority of them are generally inclined to see their future in India, it is anticipated that most of them will opt for naturalisation. This caseload constitutes the bulk of the refugee population under UNHCR's Mandate in India. Among the Afghan caseload, there are a small number of ethnic Afghans, the rest being mainly Afghans of Hindu/Sikh faith. Given the fact that the majority of the caseload has been away from Afghanistan for more 11-26 years, the majority of this caseload is unable to explore the option of return. In addition, absence of family/clan ties makes the option of safe and sustainable return remote.

The Indian authorities view the stay of ethnic Afghans as temporary pending resettlement or voluntary repatriation. Ethnic Afghans are generally more vulnerable to exploitation by employers and harassment by law enforcement agencies than Hindus/Sikhs Afghans.

Furthering a comprehensive approach to durable solutions for the protracted ethnic Afghans, UNHCR Office in New Delhi will continue to explore the possibility of finding durable solutions for this caseload within the framework of Convention Plus /comprehensive

73

protection strategy, building on the role of resettlement countries as facilitating states in exploring new resettlement approaches.

These initiatives would continue with Canada which has considered an increase in their resettlement quota for individual case submission by UNHCR Office in New Delhi, diversifying their intake of ethnic Afghan refugees by introducing more flexible criteria.

Resettlement will continue to be taken up more proactively by UNHCR, Delhi for those ethnic Afghans considered as lacking local integration prospects and who have special vulnerabilities falling within the resettlement criteria.

Myanmarese Refugees

In regards to the Myanmarese refugees, the status of temporary residency given by the Indian Government does not currently carry with it the potential for local legal integration. In the absence of work permits they can work but only in the informal job sector, and remain vulnerable to exploitation and harassment. There is likely to be further expansion in resettlement possibilities for Myanmarese on grounds of vulnerabilities and on protection grounds. In addition, with increased resettlement submissions from BO Kuala Lumpur, there is likely to be increase in resettlement needs of this caseload on grounds of family reunification. Other nationalities Among the caseload are Sudanese, Somalis, Iranians and other African nationality groups who do not have lawful residence despite holding UNHCR refugee certificates and would therefore continue to need resettlement as a tool of protection. Therefore resettlement activities are pursued among the caseload both as a durable solution and as a tool of protection. Resettlement Projections UNHCR's Office in New Delhi plans to submit 500 persons for resettlement from India in 2006. This total includes approximately 300 ethnic Afghans, 150 Myanmarese and 50 persons of other nationalities. NEPAL Existing Caseload There are three principle populations of concern to UNHCR within Nepal. The largest group is Bhutanese refugees and asylum-seekers who arrived in the early nineties and live in camps in the eastern region of the country. The current population is of 105,000 persons registered with UNHCR and the Government of Nepal, evenly divided between men and women and 40% under 18 years of age. The majority were recognized on a prima facie basis, while approximately 4,000 have been considered under individual status determination procedures. Secondly, a relatively large number of Tibetan refugees who arrived before 1990 have settled throughout Nepal. These people are largely assimilated into Nepal and are not assisted by UNHCR. They are registered only with the Government and their numbers are estimated to be

74

20,000 or more. However, for those Tibetans arriving after 1990’s the situation is much different. These persons are not allowed to stay within Nepal, and UNHCR assists in their onward transit to India. In general 2,000 - 3,000 persons per year pass through Nepal on such a basis; currently due to increased restrictions on movements imposed by Indian and Nepalese authorities as well as security conditions within Nepal, there are 750 persons waiting to depart for India. In addition, a small urban refugee and asylum-seeker population is present in the country. These mandate refugees come from various countries. Presently, UNHCR Nepal has recognised refugees from China, Iraq, Iran, Myanmar, and Sri Lanka. A small number of asylum seekers from Nigeria, Liberia, Ethiopia, Pakistan and Egypt have recently applied for refugee status with UNHCR in Nepal, of which a small number have been recognized. The population is predominately single men, although recent arrivals from Pakistan have been whole families, including women and children. The current population of this group of asylum-seekers and refugees is approximately 200 persons. Protection Framework Nepal is not a party to the 1951 Convention or its 1967 Protocol and there is no domestic refugee legislation. Refugee rights are governed by the Aliens Act and by various population-specific administrative directives. As a result, refugees and asylum-seekers are dealt with variable flexibility and subject to discretionary interpretation by government officials. While those Tibetans who arrived before 1990 have been allowed to settle freely throughout Nepal and de-facto permitted to engage in gainful employment, the Bhutanese refugees are restricted in their freedom of movement and are prohibited from engaging in gainful activities. For the urban populations, UNHCR carries out refugee status determination and recognises refugees under its Mandate. These people are only permitted to stay within Nepal pending the identification of a durable solution, traditionally resettlement. Breakdown of Resettlement Needs by Population Bhutanese refugees Since their initial arrival in eastern Nepal nearly 15 years ago, repatriation had been considered the most desirable and viable durable solution for the Bhutanese refugee population. As a result, the other two durable solutions have not been actively pursued in the past. In April 2003, UNHCR presented a comprehensive approach to solutions to both governments as well as major donors, suggesting that only a combination of all three durable solutions must be applied to this protracted refugee situation. The effective collapse in December 2003 of the bilateral discussions on repatriation between the Governments of Nepal and Bhutan highlights that repatriation can no longer be considered as the solution for the entirely of this population, and other options should be concurrently pursued. There remain several hurdles to resettlement as a durable solution. While recognising the need to find solutions for any residual post-repatriation caseload, the Government of Nepal does not want to undermine the voluntary repatriation by initiating activities related to the two remaining solutions, including resettlement, before the repatriation is completed. The Government of Bhutan has indicated that not all of the refugees in Nepal will be able to return in safety and dignity, but has not welcomed resettlement as a solution either. The identification

75

of clear and verifiable criteria for resettlement candidates in line with international standards are needed, and finally, the refugees themselves have expressed little interest in resettlement as a solution. Nevertheless, UNHCR wishes to pursue the use of resettlement for the Bhutanese population as both a protection tool and as a durable solution. Although the protection environment in the country of asylum has been satisfactory to date, there are groups within this population for whom resettlement is a necessary component of protection, such as women and girls at the risk of be forcible recruitment as sex workers, or men into insurgency. The declining security situation in the area surrounding the camps has begun to limit UNHCR’s capacity to effectively monitor and intervene for some groups, and is expected to decline rather than improve in the near future. A few individuals have approached UNHCR, indicating that they are losing hope of returning to Bhutan, are concerned by the increasing insecurity and conditions of war within Nepal, and would now consider resettlement to a third country. To obtain accurate information about each individual within the population, and to identify the best suitable solution for them, UNHCR and the Government of Nepal will begin updating and completing personal and case information on all Bhutanese refugees. UNHCR will use this opportunity to further identify the refugees who have or may have protection or other vulnerabilities, and for whom resettlement may be an appropriate solution. A preliminary estimate of the number of individuals from the Bhutanese group who could be considered for resettlement in the year 2006 would be approximately 7,500 individuals. However, the total number of persons for whom resettlement is the appropriate response is unknown at this time and could be much larger. This will be better understood as further information is gathered and analyzed during the profiling exercise, an essential prerequisite to any larger scale resettlement activities. Mandate refugees Mandate refugees are temporarily tolerated in Nepal, pending the identification of a durable solution. They are however considered as illegal aliens under the Immigration Act and are not allowed to engage in gainful employment and thus depend on UNHCR’s assistance. As urban Mandate refugees rarely speak the local language and as the Government of Nepal only tolerates their temporarily stay in the country, local integration is not a viable option and resettlement is pursued within one year of recognition. UNHCR Nepal expects to have to resettle up to 100 persons in 2006 from the urban population, mainly Pakistani refugees belonging to the Christian and Ahmadi communities. This figure may change in case of an increase in arrivals in the course of 2005, as there have been an increasing number of arrivals within the country, and the office has adopted a policy of pursuing resettlement as soon as possible after recognition. This is due to security reasons, both linked to the proximity of the country of origin and to the declining security conditions within Nepal itself. Resettlement Projections In total, UNHCR is considering the resettlement of 7,600 refugees in 2006: 100 urban refugees of mixed nationalities (mainly Pakistani Ahmadis) and 7,500 Bhutanese refugees for protection and durable solutions reasons. Some 100 Bhutanese will be submitted on individual protection and vulnerability criteria in 2006. This number could vary greatly depending on the approach taken to the Bhutanese caseload and the approval of the GoN. The capacity of the

76

office to identify and prepare submissions of cases for resettlement, the need for training and the overall logistics required are areas that would have to be assessed, but would rely on support from NGOs and government partners. SRI LANKA Existing Caseload As at 1 January 2005, some 63 refugees and 48 asylum seekers were registered with UNHCR’s Representative Office in Colombo. Although these figures are generally in line with the numbers of asylum seekers and refugees in previous years there has been a significant increase of asylum seekers from Pakistan since the first quarter of 2004. Protection Framework Sri Lanka is not a party to either the 1951 Convention or its 1967 Protocol, and there is no domestic refugee legislation. Given the absence of refugee law in Sri Lanka, UNHCR processes applications for refugee status under its Mandate and issues asylum seekers and refugees with asylum seeker and refugee certificates respectively. Given the lack of relevant legislation they have no right to work or other entitlements. An informal agreement with the Sri Lankan authorities requires that all asylum seekers recognised as refugees by UNHCR must be resettled quickly, and that UNHCR is responsible for the care and maintenance of the refugees pending their resettlement. Breakdown of Resettlement Needs by Population Previously, only a limited number of persons sought asylum in Sri Lanka, the majority of whom were individuals whose intended final destination was not Sri Lanka, but rather Europe or Northern America. Since mid 2003, however, this trend has changed and most of the asylum seekers do have Sri Lanka as their destination because access to the country is easy given there are no visa requirements before arrival. Most of the cases originate from Pakistan, belonging to the Christian and Ahmadi communities. In addition, an increasing number of high profile Maldivian individuals have asked for international protection since the second half of 2003. Resettlement Projections UNHCR's Representative Office in Colombo expects to submit approximately 30 persons for resettlement from Sri Lanka in 2006 including Pakistanis and Maldivians. This figure corresponds to the number of asylum seekers expected to be recognized as refugees in 2006. In addition, resubmissions will occur for some 37 persons where applications submitted in 2005 are still pending or have been rejected by certain resettlement countries.

EAST ASIA

77

Projected needs: 3,531 persons / Processing capacity: 3,096 persons

The East Asia region, comprised of Cambodia, the People’s Republic of China including Hong Kong SAR and Mongolia, Indonesia, Malaysia and Thailand, is characterised by the same legal restrictions as South Asia, due to the lack of local refugee legislation and the lack of participation of these countries in any international refugee instrument. These conditions do not allow for the local integration for refugees, and authorities request UNHCR to seek the resettlement of all refugees under its Mandate. Resettlement will therefore remain the only viable durable solution for refugees living in urban and semi-urban situations through the region. As voluntary repatriation remains a long term perspective for refugees living in camps throughout the region, UNHCR is increasingly considering resettlement as a durable solution for the refugee camp population. Following the resettlement programme for the Lao Hmong refugees living in Wat Thamkrobok, important progress was achieved with the agreement by the Government of Thailand to start resettlement of the Myanmar refugees living in Tham Hin, one of the camps along the border with Myanmar. The support of resettlement countries will be crucial for the successful implementation of resettlement programmes in Thailand. The UNHCR group methodology will be an important tool in support of an enlarged resettlement programme. In Malaysia, the strategic use of resettlement is contributing to the enlargement of the protection space in the country. The UNHCR offer to provide resettlement for the Myanmar Chin refugees has facilitated the agreement from the part of the government to grant temporary protection status to the Myanmar Rohingyas refugees. UNHCR continues its ongoing dialogue with the Government of Malaysia to include the Achenese refugees in the agreement, in view also of the increasing difficulties in the Ache province of Indonesia following the Tsunami disaster of December 2004. Resettlement will also remain a fundamental protection tool to respond to the emergency situation often facing refugees in this region. Emergency resettlement is being used for addressing the situation of detained refugees in countries of the region or to provide solution to medical cases or other particular individual refugee situations. The resettlement staffing situation is also being supported by earmarked contributions from resettlement countries and by the deployment of Resettlement Consultants in East Asia through the UNHCR - ICMC NGO Deployment Scheme, in Malaysia and Thailand and Cambodia. CAMBODIA Existing Caseload The existing caseload in Cambodia is made up of two different caseloads. After a crackdown in the Central Highlands in Vietnam surrounding the Easter celebrations in 2004, an influx of Montagnards to Cambodia started, resulting in about 750 people of concern to UNHCR from the Central Highlands. This group is considered as the Montagnard caseload. The second

78

group constitutes the urban caseload which is made up of those people of concern who are not Montagnard. There are currently 58 refugees and about ten pending cases under this category. Protection Framework Cambodia is a party to the 1951 Convention and the 1967 Protocol. However, the 1951 Convention and the 1967 Protocol have not been implemented in domestic legislation and as such there is a complete absence of national mechanisms to receive and process asylum applications as well as to facilitate their local integration in Cambodia. Breakdown of Resettlement Needs by Population Vietnamese Montagnard Refugees On 25 January 2005, in Hanoi, UNHCR signed an agreement with Vietnam and Cambodia settling various issues concerning UNHCR’s current caseload of Montagnard refugees and asylum-seekers in Cambodia. The Memorandum of Understanding (MOU) sets out the basis for resettlement and repatriation as well as specifying that returnees to Vietnam will not be prosecuted or face discrimination. The MOU calls for an expeditious resettlement for those Montagnards who wish to be resettled to third countries and a quick return to Vietnam for those who volunteer to be repatriated. The MOU sets a six months timeframe. Montagnards who neither want to resettle in third countries nor return to Vietnam will have one month after determination of their refugee status to either decide for resettlement or return to Vietnam. UNHCR will undertake counselling to clarify their options and help them make a decision. In February 2005, implementation of the MOU began based on an operations plan that has been shared with RGC. The total population of Montagnards has been divided into a Pre-MOU group for those who were registered before 25 January 2005, consisting of 713 persons (486 cases) and a Post-MOU caseload of 41 persons (30 cases). Of the pre-MOU group, around two thirds have been recognized as refugees. UNHCR is looking to process those refugees accepting resettlement within the timeframe of the MOU. The processing of most pre-MOU resettlement cases will have been completed by the end of 2005. However, UNHCR expects an influx of Montagnard asylum seekers over the course of the year 2005. The MOU leaves the door open for the continuation of its application for arrivals after its signature, the post-MOU arrivals. Therefore, UNHCR will apply the same approach to the Montagnard population in 2006 as it is currently doing. An estimate of 750 Montagnards will be of UNHCR’s concern in the course of 2006. Other nationalities - Urban caseload The urban caseload consists of all those persons of concern to UNHCR who are not Montagnards. There has been a recent decrease in the number of asylum-seekers coming from countries other than Vietnam (12 cases in 2004, against 1 case in 2005 so far) coupled with an increase in the number of Vietnamese ethnic majority Kinh asylum-seekers (27 cases in 2004 against 10 cases in 2005 so far). Added to the Chinese cases, this resulted in the increase of the proportion of Vietnamese and Chinese to over half of the urban caseload. The other countries of origin include Sudan, Algeria, Burundi and DRC.

79

Resettlement Projections The office considers the number of new asylum applications lodged will remain stable in 2005 and 2006. This represents an average rate of 1-3 cases (3-5 persons) a month. The current urban beneficiary population includes 58 recognized refugees, most of whom do not have the means of sustaining themselves independently pending a durable solution. It is expected that the numbers of recognitions and people accepting resettlement will not vary greatly between 2005 and 2006. Based on the willingness of resettlement countries to accept the present caseload and an estimate resettlement needs of 510 people , some 260 persons should be processed for resettlement in 2006. Out of the total caseload, resettlement on medical grounds and for reasons of lack of local integration is expected to apply to about ten people in the course of 2006. Resettlement of urban cases will be considered on a case to case basis. The total number of refugees and asylum-seekers in the urban caseload category is expected to be about 100 persons. THE PEOPLE’S REPUBLIC OF CHINA (INCLUDING HONG KONG SAR) AND MONGOLIA Existing Caseload Two groups of concern to UNHCR are present in the country. The first group is composed of Indo-Chinese refugees who came to China in the early 1980’s from Vietnam, Laos and Cambodia. They were granted refugee status on a prima facie basis. These refugees are mainly of Chinese ethnic origin and have settled mostly in rural areas in six of China’s southern provinces. Currently there are some 299,000 refugees mainly from Vietnam. Because of their de facto local integration this group is not a resettlement priority. The second group consists of urban refugees and asylum seekers who approach UNHCR’s office in Beijing requesting asylum. This group consists of Pakistani mostly, but refugees and asylum seekers also come from a range of African and Middle Eastern countries. Protection Framework Although the People’s Republic of China and Macao Special Administrative Region (SAR) are parties to both the 1951 Convention and its 1967 Protocol, there is no domestic refugee legislation, and refugees have no legal status in these territories. Furthermore, China’s accession to the 1951 Convention and its Protocol has not been extended to cover Hong Kong Special Administrative Region (SAR), and refugees in Hong Kong are thus not covered by the provisions of these instruments. Likewise, Mongolia is not a party to either the Convention or the Protocol. In the absence of government refugee status determination procedures, UNHCR determines refugee status under its Mandate in China, Hong Kong and Macao SARs, and Mongolia. The only obligation currently acknowledged by the authorities in these locations toward the individual refugees is temporary protection against refoulement.

80

Breakdown of Resettlement Needs by Population HONG KONG SAR Refugees have no legal residence in Hong Kong; they have no right to employment and cannot pursue local integration. Refugees rely exclusively on UNHCR for care and maintenance. In Hong Kong SAR recognized refugees originate from 16 different countries, with the majority coming from African countries including Cameroon, Democratic Republic of Congo, Ethiopia and Somalia. A significant number come from Pakistan (Ahmadis) and the remaining refugees originate from other Asian Countries and Iran. During 2004 a significant increase in numbers of asylum seekers from African countries, Nepal and Sri Lanka was recorded. It is anticipated that the increased numbers of arrivals witnessed in 2004 and beginning of 2005 will continue throughout 2006 at the rate of approximately 65 new asylum seekers per month. Given an average recognition rate of 12% in 2004 and the increased RSD capacity of the office, the number of recognized refugees will increase significantly in 2006. Sub-Office Hong Kong estimates that there will be 206 refugees in need of resettlement in 2006. MAINLAND CHINA The recognized refugees in Mainland China consist of more than twelve different nationalities though the vast majority are from Pakistan. These Pakistani refugees are either from the Ahmadi religious minority or, to a lesser extent, Kashmiri political activists. Since recognition rates of this group of asylum seekers are relatively high, RO Beijing expects an increase in the number of refugees in China, at least for 2005 and 2006. The RO estimates newly recognized refugees in 2005 at 35 persons, and 42 persons in 2006. There is a resettlement backlog of some 80 refugees, recognised in 2004 or in previous years. Refugees have no legal residence in China and cannot pursue local integration. They have no right to employment, no access to local schools, and rely exclusively on UNHCR’s assistance. In Beijing, most refugees who do not have proper documentation are obliged to live in one designated hostel in the city. The only viable durable solutions available to these refugees are voluntary repatriation or resettlement. Resettlement Projections HONG KONG SAR Resettlement capacity will be reinforced in 2006 as SOHK expects to switch 1 international UNV post from RSD Counseling to Resettlement, allowing the projected average monthly persons submitted for resettlement to 13 persons a month. From the projected number of 206 refugees in need of resettlement in 2006 (including possible few refugees in Macao SAR who are found to be in need of resettlement), allowing for processing times, the number of refugees projected to depart to resettlement countries in 2006 will total 156. The increased resettlement capacity will have a positive impact both in terms of reducing the backlog of refugees awaiting departure as well reducing the care and maintenance costs. During 2004 the Sub Office in Hong Kong has maintained a close working relationship with the Canadian Consulate in Hong Kong and the US Consulate in Bangkok who have provided a flexible quota for numbers of resettlement submissions and a high rate of acceptance for

81

resettlement. Therefore the predicted increase in numbers of refugees in 2006 can potentially be addressed by an increase in submissions to USA and Canada. MAINLAND CHINA When combined with the pending number of refugees in need of resettlement from the caseload of 80 persons from 2004 and previous years, the total number of refugees in need of resettlement in 2005 is approximately 115 persons. Allowing for processing time, RO Beijing expects to be able to resettle 70 of these 115 refugees in 2005. With 42 expected new refugees in 2006 plus the 2004/2005 backlog of 45 refugees, the resettlement needs for 2006 would number 87. MONGOLIA The refugee caseload in Mongolia is small and has numbered only a handful of refugees over the last few years. All the same, there are no prospects for local integration: refugees do not have any legal standing, are therefore barred from work or schooling, relying on UNHCR for financial support. It is expected that the resettlement need for Mongolia in 2006 is 2 refugees. RO Beijing plans to resettle 288 refugees in 2006. More than half of them are Pakistani Ahmadi’s, while the other refugees are from a number of African and Central Asian countries. INDONESIA Existing Caseload As of 1 January 2005, there were 168 refugees recognised under UNHCR’s Mandate in Indonesia. Protection Framework Indonesia is not a party to either the 1951 Convention or its 1967 Protocol. It does not have any domestic refugee legislation. Refugees are subject to penalties imposed under Indonesian law for illegal entry and overstay. Local integration is not possible for refugees in Indonesia. In addition, the Indonesian government has become increasingly intolerant of the continued presence of refugees on its territory, and has repeatedly requested UNHCR to facilitate their resettlement. Accordingly, it is expected that all pending cases that are granted refugee status under UNHCR’s Mandate will be referred for resettlement. Breakdown of Resettlement Needs by Population Iraqi Refugees Since 2003, most countries stopped considering Iraqi refugees for resettlement, which has seriously affected their possibilities for resettlement. There will be some 20 Iraqi refugees in Jakarta including 7 Iraqi cases which were accepted to the USA in 2002. Unless there is a positive development and prompt departure process in terms of previously accepted USA cases, these Iraqi refugees will continue to need resettlement in 2006.

82

Resettlement Projections UNHCR’s Regional Office in Jakarta anticipates that approximately 101 refugees will be in need of resettlement from Indonesia in 2006. 50 newly arriving asylum seekers are likely to be recognised in 2005 in addition to those refugees from Iraqi, Afghanistan and some African countries such as Ivory Coast, Ethiopians, Somalis and DRC who were recognised in previous years. UNHCR’s Regional Office in Jakarta estimates that during 2005, the Office will recognise some 50 refugees. The cases are predominantly Iranians and some Africans (Somalia, Ivory Coast and DRC). Cases with family links in Australia or European countries will continue to be submitted to those countries for their resettlement consideration. MALAYSIA Existing Caseload UNHCR Office in Malaysia recorded by the end of February 2005 about 37,503 registered persons of concern. 16,750 come from the Indonesian Province of Aceh, 9,931 are Rohingya Muslims from Northern Rakhine State of Myanmar, 9,396 individuals are other Myanmarese and a group of 1,426 is composed of others nationalities. Protection Framework Malaysia is neither a party to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol; nor has enacted any domestic refugee legislation. Under these circumstances, refugees, temporary protection beneficiaries and asylum-seekers, with or without UNHCR documentation, are in principle considered “illegal immigrants” in the country. The Immigration Act of 1959/1963 (Act 155) foresees for all those who enter or reside illegally in the country some hard punishment such as imprisonment of up to 5 years, a fine up to 10,000 RM and whipping of up to 6 strokes. This punishment is also extended to those who harbour an illegal foreigner. As a result, well-meaning citizens and even NGOs are afraid of providing assistance to refugees. Persons of concern to UNHCR are vulnerable to arrests, detention and prosecution under the Immigration Act. UNHCR has recorded on average 300 to 400 detained refugees at any given time. The majority of these refugees usually come from the Indonesian Province of Aceh; or they are refugees of the Chin ethnic minority from Myanmar. The Malaysian authorities hold recognized detained refugees in custody up until the moment when UNHCR is able to resettle them to third countries. Starting in 2002, major crackdowns on illegal migrants have been enforced by the Malaysian authorities. Since 2004, the police/immigration started enlisting volunteer squads called

83

RELA1. This is a force of some 500,000 civilians which are provided with guns and given the same authority as the police/immigration to “hunt down” illegal migrants. On 1 March 2005, a massive campaign to crackdown on illegal immigrants was conducted. As a result, 48 persons of concern to UNHCR were arrested during the first week. The detentions were carried out in spite of the verbal agreements between UNHCR and the Malaysian authorities not to arrest individuals carrying UNHCR documentation. Refugees may also face harassment. Incidents may vary from extortion of money, threats of deportation or detention, beatings, to rape, burning of huts and personal belongings or religious symbols. Refugees cannot at this stage acquire a Malaysian residence permit, a work permit or citizenship. Refugees do not currently have access to education and to the legal labour market. It should also be noted that despite these difficulties, some progress has been made with the Malaysian authorities since mid 2004. UNHCR documentation is, increasingly, at least for the time being, recognized by the police and RELA. However, this is not the case for the immigration authorities. Under the framework of a durable solutions strategy, the UNHCR Office is negotiating with the Government of Malaysia temporary local solutions (provision of legal status with minimum social and economic rights) for the 9,931 Rohingya and 16,750 refugees from the Indonesian Province of Aceh who benefit from temporary protection under UNHCR’s mandate. Furthermore, the office is using resettlement as a strategic tool for the remaining caseload of individuals recognized in the RSD procedure. In October 2004, the Government of Malaysia announced a plan to provide legal status and access to education, health and labour market to the Rohingya refugee population in Malaysia. However, no concrete measures have so far been implemented in this regard. Breakdown of Resettlement Needs by Population Myanmarese Refugees There were a total of 1,775 individually recognized refugees pending resettlement by the end of February 2005. The Myanmarese constitutes the vast majority of this caseload. Their breakdown is as follows: Chin ethnic minority (876 persons), followed by Rohingya, Myanmar Muslims, Burmese and other ethnic minorities such as Kachin, Kayin and Mon. The Chin ethnic minority has a very high recognition rate (95%) and present roughly 80% of UNHCR’s refugee status determination caseload. In addition, there are 10,917 registered asylum seekers, among whom 9,125 persons are from Myanmar. The biggest asylum seeker group is the Chin (2,935 persons). Following the recruitment of additional staff, the UNHCR Office intends to reduce its current RSD backlog during 2005/2006 by 50%. While temporary local solutions are being negotiated with the Malaysian authorities for Rohingya refugees from Myanmar, and refugees from the Indonesian Province of Aceh, all those in detention are recommended for urgent resettlement as they face imminent risk of

1 Rela in Bahasa means "I am willing". From this word is designated in the media as 'People's volunteers group’.

84

deportation (refoulement in the case of refugees from the Indonesian Province of Aceh) and long term indirect risk of refoulement through deportation to Thailand. The Malaysian Government hardly ever releases illegal immigrants, not even recognized refugees, until they depart for a resettlement country. The physical and mental conditions of the caseload in detention are deteriorating. The immigration depots are unhygienic, have limited drinking water and are extremely overcrowded. Deportations from the detention depots will increase as this is a way for the authorities to release pressure on the immigration depots. Resettlement Projections Resettlement needs in Malaysia continue to grow in proportion to the increasing number of recognized refugees. Some 2,000 persons are estimated to be in need of resettlement in 2006 (1,500 Myanmar Chins, 380 ethnic minorities from Myanmar, 80 Acehnese and 40 other nationalities such as from Iran, Iraq, Afghanistan, Somalia, Liberia and Sudan).

In order to process such a large number of individual case submissions (quadrupled compared to the number in 2004) and to organize departure arrangements in the absence of IOM in Malaysia, the UNHCR Office in Malaysia will address human resources needs through the extension of a donor-funded post and an ICMC deployee as well as additional numbers of project staff, within the existing budget constraints. While handling the sharply increased number of resettlement cases, the UNHCR Office in Malaysia will continue to ensure that resettlement activities function with speed, quality and integrity following the established Standard Operating Procedures (SOPs). Particular attention is given to the identification and prioritization of vulnerable cases (sexual and gender based violence / torture survivors and severe medical cases, unaccompanied minors if resettlement is in their best interest). UNHCR aims to expand during 2005 such vulnerability identification mechanism, from a resettlement perspective, to the Rohingya from Myanmar and the Indonesians from the Province of Aceh. No major changes are expected in 2006. Asylum-seekers will continue to approach the Office as long as the Malaysian Government does not effectively provide temporary local solutions and as long as the situation in both Myanmar and the Indonesian Province of Aceh continue to remain volatile. THAILAND Existing Caseload There are currently some 450 refugees from 26 nationalities residing in Bangkok and other urban centers, plus an additional 750 persons pending refugee status determination. There is a combined total of refugees and people of concern of about 140,625 individuals living in the country. The majority of this population comes from Myanmar and it is made up of both urban and camp dwellers. The Myanmar population presently includes some 120,000 persons residing in nine camps along the Thai-Myanmar border, plus an additional estimated 20,000 residing in the camps that are pending admission by the RTG. There are also Cambodians,

85

Chinese (PRC), Laotian, Middle Easterners, and Africans living in the country. In addition a handful of other combined nationalities are present in Thailand. Protection Framework Thailand is not party to the 1951 Refugee Convention or its 1967 Protocol and has not enacted any refugee-specific legislation. As a result, refugees and asylum-seekers of all nationalities continue to be considered illegal immigrants and are subject to arrest, detention and deportation. The working group on resettlement, established in 2004 and comprising representatives from the Royal Thai Government (RTG), resettlement country embassies, and UNHCR, will continue to be an important forum for coordinating the more collaborative, multilateral approach to resettlement that UNHCR has been promoting in this context. Resettlement therefore plays an extremely important role in UNHCR’s broader protection strategy in Thailand. Breakdown of Resettlement Needs by Population Myanmarese Refugees The RTG indicated, in early 2005, its decision that all Myanmar urban refugees are to be placed in the camps along the Thai-Myanmar border. Furthermore, it sat a deadline for 31 March 2005 for their transfer. UNHCR and the resettlement countries will continue to seek resettlement for this caseload once the transfer to the camps has been completed. Nevertheless, there is an undetermined number of individuals who will not be able to reside in the camps for security or protection reasons. UNHCR has proposed to the RTG that such individuals be processed for resettlement on an expedited basis, and that they be allowed to remain in urban areas, or be accommodated in special security zones in the camps, pending departure. With the broader Myanmar camp caseload, consultations with resettlement countries, the RTG, and NGOs have been held regarding the expanded use of resettlement from the camps as an element of a comprehensive protection strategy to solve this protracted refugee situation, particularly for individuals with serious protection concerns. In 2005, a breakthrough in these negotiations was achieved when the RTG agreed, for the first time, to expanded resettlement from the camps. In 2004 and 2005, UNHCR and the Thai Ministry of Interior have undertaken an operation to re-register the entire camp population with the intention of determining prospects for durable solutions. A household survey is being undertaken, as part of this process, to establish the views of each family towards the two available durable solutions - voluntary repatriation and resettlement. Once this process is complete, UNHCR will submit to the governments, through group resettlement procedures, those families found to be eligible for resettlement. Given the large number of vulnerable individuals in the camps, UNHCR will propose that such group submissions initially focus on resettlement priorities. These include individuals with protection concerns, women-at-risk, unaccompanied minors, individuals suffering from

86

disabilities or serious medical conditions that cannot be treated in the camps and family reunification cases. It is hoped that initial group submissions will be made in 2005, and plans are currently being discussed for the resettlement of as many as 5,000 Myanmar refugees from the camps in Thailand in 2006. In addition, Thailand has agreed to establish a national asylum procedure for newly arriving Myanmar asylum-seekers under the Provincial Admissions Boards (PAB). The PAB incorporates resettlement as an essential element of the process. Furthermore, under this system, those recognized as refugees fleeing political persecution will be submitted for resettlement. Until now, some 6,500 new arrivals have registered for consideration under this system. UNHCR is expecting, during 2006, to work with a caseload of some 2,500 individuals who may qualify for resettlement under this procedure. Other nationalities Concerted efforts to expedite the resettlement of the non-Myanmarese urban population will be made in 2006. These would include an attempt to identify solutions for “hard to resettle” cases that have been repeatedly rejected. UNHCR will work to ensure the urgent resettlement of refugees in detention. Finally, a review of stateless persons, particularly those in detention, will also be conducted to consider the possibility of resettlement or other durable solutions in individual cases. Resettlement Projections Throughout 2004 and 2005, UNHCR’s primary objective has been the facilitation of resettlement for the Myanmar population residing in urban areas, and more than 5,000 persons have been processed for resettlement in third countries. In 2006, UNHCR will continue the process started in 2004 and 2005 to expand the use of resettlement as part of a strategic, comprehensive approach to resolving the protracted refugee situation in Thailand. UNHCR estimates that some 8,285 persons will be in need of resettlement in 2006. This includes approximately 7,700 Myanmar refugees (of whom some 100 may be processed on individual basis), 100 Cambodians, 50 Chinese, 50 Lao, 75 from countries in the Middle East, 100 from countries in Africa, and 150 from other countries. UNHCR’s plans for the group resettlement of Myanmar refugees will necessarily require a substantial increase in staff, particularly at the field level.

87

EUROPE

Projected needs: 5,227 persons / Processing capacity: 4,450 persons

EASTERN EUROPE

The countries in the Eastern European region are generally characterised by very weak economies and high rates of unemployment. An unfortunate consequence of these conditions has been the emergence of widespread xenophobia, which targets non-European refugees as the scapegoat of the prevailing social and economic problems. Racist attacks on refugees, often with fatal consequences, have increased in the recent past. Particularly in the Russian Federation, gangs of youths have attacked and murdered refugees, especially those of African origin. Perpetrators of such acts are often not arrested or otherwise punished for their crimes. A climate of impunity surrounds racist and xenophobic activities, creating conditions for more violent attacks against refugees. Despite UNHCR's local capacity building efforts, most countries in the region do not have proper asylum systems in place, although they may have acceded to the international refugee instruments, such as the 1951 Convention and its 1967 Protocol. Even when asylum systems are formally in place, like in the Russian Federation, asylum seekers have to wait up to two years for the processing for status determination. During this period, they remain unregistered, with the status of illegal aliens. They suffer harassment from police officers and are often arrested and fined for lack of proper documents. The vast majority of the refugees in the Eastern European countries are former students, military officers, and other professional cadres, who were sent to the former USSR for training by their respective pro-Moscow regimes of Africa and Asia. With the dissolution of the Soviet Union and the emergence of new governments in Africa and Asia more inclined to Western ideologies, this category of refugees found it impossible to return to their respective countries of origin. Although most of the refugees have been living in the region for many years and have achieved a certain level of integration, they remain, in practice, outside the basic social and economic sphere. Children do not have access to basic education, and medical care is not provided to refugees who are not officially registered. The main focus of UNHCR's activities in the region remains the capacity building of local asylum systems and the reinforcement of the implementation of local refugee legislation. UNHCR is, however, also engaged in facilitating the resettlement of refugees mainly from the Russian Federation, and to a lesser extent from Ukraine, Azerbaijan, and Georgia, due to the prevailing situation of physical insecurity for refugees in that country and the legal obstacles that block efforts at local integration. As the general situation does not seem to be rapidly improving, UNHCR is planning to continue its resettlement activities from these countries.

Projected needs: 2,600 persons / Processing capacity: 1,823 persons

88

In the particular situation of Georgia, resettlement of Chechen refugees has become increasingly difficult due to the often complex profile of individuals and following a number of tragic events carried out by Chechen rebel groups. However, while significant numbers of Chechens continue to receive a limited level of protection in the region of CIS countries, the situation remains very difficult and their status often uncertain. Resettlement needs will therefore continue to exist, particularly for vulnerable cases including Women at Risk and medical cases. With the entry into the European Union of several Central European countries, careful attention will be necessary as new migratory paths and potential smuggling routes open up through countries bordering the new EU boundaries. While resettlement will remain a fundamental protection tool for the region, given the nature of the claims giving rise to resettlement needs, and the subsequent necessity for individual assessment and processing, there is not much scope for the submission of large groups at this time. This staffing situation is also being supported by the deployment of Resettlement Consultants in Eastern Europe through the UNHCR - ICMC NGO Deployment Scheme in Azerbaijan, Georgia, and Ukraine. ARMENIA Existing Caseload The main refugee caseload in Armenia consists of 235,101 ethnic Armenians who fled Azerbaijan between 1988 and 1992. The refugees were recognised on a prima facie basis at the time of their arrival. This figure is based on the official government statistics, which are outdated and not reliable. There are also about 30,000 refugees from Azerbaijan in the country. UNHCR is at present discussing with the Armenian Government possible approaches to clarify the number. In addition, there is a small group of persons from Iraq, Iran and Sudan. This last caseload is individually recognised as refugees under Armenia’s 1999 Law on Refugees. Protection Framework Armenia is a party to the 1951 Convention and its 1967 Protocol. It also has a national legal framework for asylum and refugee protection, which is by and large in accordance with international law and standards. Breakdown of Resettlement Needs by Population Ethnic Armenian Refugees The government pursues a policy of local integration for ethnic Armenian refugees from Azerbaijan, who are granted similar rights as citizens and have access to Armenian citizenship through a facilitated naturalization procedure. There is neither a risk of refoulement nor any other protection-related problem for this group.

89

Resettlement Projections UNHCR’s Office in Armenia has been using resettlement on a very limited scale and primarily in response to urgent and emergency protection needs. Notwithstanding the prevailing conditions and assuming that a positive solution of the three pending resettlement cases will be achieved in 2005, UNHCR does not expect resettlement due to a lack of local integration prospects to be pursued in Armenia in near future. Nor does UNHCR see a significant need for more regular resettlement missions to the country. Provided that the current situation continues to hold next year, UNHCR expects a similar level of protection-driven resettlement, primarily on an emergency or urgent basis, for the year 2006. AZERBAIJAN Existing Caseload Refugees in Azerbaijan are mainly ethnic Chechens from the Russian Federation and Afghans followed by smaller numbers of Iranians, Iraqis and others. The UNHCR’s Representation in Baku currently has approximately 10,000 registrations –mostly Chechen prima facie refugees. The number of newly-registered asylum-seekers in Azerbaijan, originating both from the CIS and from other regions, remained relatively stable in 2003 (878) and 2004 (870). As non-Chechens undergo the Government procedure, UNHCR is not conducting RSD for them, but for supervisory purposes it is still interviewing those applying to the Government. While in 2005 the Office will concentrate efforts in the First Instance and appeals to influence positive decisions, eventually there may be Mandate refugee recognitions in the future to avoid refoulement of those unjustly rejected. It is important to note the significant increase of refugees individually recognized by the Office in 2004. 316 persons (263 Chechens, 36 Afghans and 17 others) were granted refugee status, while in 2003 the Office recognized after RSD 115 persons (42 Chechens, 32 Afghans, 41 others). Thus, by the end of 2004, the potential number of refugees in need of resettlement due to a lack of local integration and other reasons reached 500 persons. In other words, since 2004 the needs (642) are far outnumbering the number of refugees resettled (142 last year). Protection Framework Azerbaijan is a state party to the 1951 Convention and its Protocol. While legislation to establish national asylum procedures was enacted in 2000, implementation began in January 2004. The UNHCR’s Representation in Baku is engaged in capacity-building and training of the refugee status determination (RSD) of the State Committee for Refugees (SCR) to ensure fair implementation in line with UNHCR standards. Breakdown of Resettlement Needs by Population Chechen Refugees

90

Due to the present GoA’s policy not to register Chechen refugees, who comprise the great majority of the refugee population, UNHCR continues to address the protection and social needs of this population. At the end of 2004 there was already a population of 279 Chechen refugees. The Office estimates that some 150-200 refugees will be newly recognized in each 2005 and 2006 (conservative estimates compared to 2004). Only some 50 refugees may be resettled in 2005 (as resettlement countries are reluctant to take this population due to its make up of ex-fighters in the war and their families) The office estimates some 600 persons from this group would be considered to be in need of resettlement in 2006. Afghan Refugees Fifty one Afghan families have returned in the past 3 years, given the change of circumstances in their country. As the ongoing repatriation has bee at a very slow pace, and a number of refugees cannot repatriate due to legal and physical protection needs –as well as women at risk and medical cases, it is expected that 200 persons will be submitted for resettlement in 2006. One major factor at play is that the Government RSD procedure is very strict with Afghan applicants, having rejected all asylum applications from Afghans so far. Resettlement will be the only option left if other options fail. Iranian Refugees 50 Iranians would require resettlement for 2006. Some people in this category fall under family reunification with the majority requiring legal and physical protection. Iraqi Refugees With the ongoing insecurity in Iraq voluntary repatriation is not a realistic option. It is anticipated that up to 20 persons may need to be resettled under family reunification or legal and physical protection grounds. Other nationalities Additionally approximately 30 persons from various nationalities are expected to be in need of resettlement in 2006. Resettlement Projections Resettlement will continue to remain the most viable durable solution for the majority of refugees not recognized in the Government procedures. The major caseload so affected is the one of Chechens from the Russian Federation. Refugees who enter Azerbaijan illegally are subject to arrest, detention and expulsion. Resettlement has proven to be an essential tool to respond to the legal and physical protection needs of such cases in addition to the special needs of vulnerable refugees that cannot be met in Azerbaijan. UNHCR - Azerbaijan has identified resettlement needs for a population of some 900 persons in 2006.

91

BELARUS Existing Caseload Belarus hosts approximately 750 refugees recognized by the government. In addition, some asylum seekers are being registered as persons of concern to UNHCR following the ill-founded rejection of their cases by the government. Protection Framework Belarus is a party to the 1951 Convention and its 1967 Protocol. The new, third version, of the Law on Refugees, reflecting the relevant international obligations, entered into force in July 2003. However, the restrictive policy of granting refugee status, and the lack of subsidiary protection mechanisms, sometimes leads to the rejection of bona-fide refugees from the state’s protection. Unduly rejected refuges have acute legal and physical protection problems that can often only be addressed through resettlement. In addition, a limited number of vulnerable recognized refugees, assessed on a case-by-case basis, will need resettlement due to their lack of local integration prospects. Local integration for unduly rejected refugees is not feasible until the domestic legislation on subsidiary protection comes into effect. Where the circumstances of an individual case indicate that resettlement is the most appropriate durable solution, UNHCR determines the eligibility of the individual for Mandate refugee status. NGO implementing partners, running assistance and legal counselling projects, also assist UNHCR in identifying vulnerable refugees. Breakdown of Resettlement Needs by Population Afghan Refugees The main group of concern consists mostly of Afghan refugees. The majority of them have reasonable future prospects for voluntary repatriation or local integration. Resettlement is considered only in exceptional circumstances to address the special needs of refugees who were unduly rejected by the government or who are unable to integrate due to their vulnerability. Resettlement Projections Following an exercise of identification of resettlement needs, UNHCR’s Office in Belarus plans to submit some 40 persons for resettlement in 2006. GEORGIA Existing Caseload Persons of concern to UNHCR in Georgia include approximately 2,600 prima facie recognised refugees from Chechnya in the Russian Federation, 16 non-Chechen refugees, and about a dozen asylum-seekers mainly from Iran (as of January 2005). Chechen refugees reside primarily in the Pankisi Valley, in north-eastern Georgia.

92

Protection Framework Georgia is a party to the 1951 Convention and its 1967 Protocol. National refugee law was adopted in 1998, before Georgia’s accession to the 1951 Convention in 1999, with no legislation for refugee status determination procedures. The structures that are in place are poorly equipped and lack capacity to assess the claims of individuals seeking asylum in Georgia. While training has been provided, staff in the ministry responsible for determining refugee status lacks practice in a country where only a handful of individuals apply for refugee status each year through an individual RSD procedure. However, in 2004, Georgia witnessed 300% increase in the (non-Chechen) individual asylum applications in comparison with 2003. Breakdown of Resettlement Needs by Population Chechen Refugees Under the current circumstances, repatriation is not feasible for refugees from Chechnya. Local integration seems possible only for a limited number of Chechens of Kist origins who are in the Pankisi Valley and who meet the strict criteria of the Georgian citizenship laws. Although a number of refugees have indicated that they wish to remain in Georgia until the situation in Chechnya is conducive and desirable to their return in safety and dignity, resettlement remains an important durable solution for many Chechen refugees. UNHCR continues to implement a comprehensive durable solutions strategy for the Chechen refugees, including local integration, resettlement and very limited voluntary repatriation, based on a screening exercise of registered refugees to obtain detailed information on their protection needs. After careful identification of the refugees most in need of resettlement, UNHCR is assisting some 200 persons in their resettlement to a third country in 2005. For this purpose, additional staffing resources have been identified. In light of the sensitive nature of the Chechen refugee caseload a thorough individual screening is needed. Local integration would be a desirable solution for a certain number of Chechen refugees. This solution however would require tailor-made counselling and labour-intensive processing on an individual basis. Resettlement Projections The office estimates that 150 persons will be processed for resettlement in 2006. Additional staffing for resettlement purposes may still be needed in 2006. THE RUSSIAN FEDERATION Existing Caseload As of 31 December 2004, the Russian Federation hosted some 614 recognised refugees. 54% of these refugees originate from non-CIS countries, mainly from Afghanistan. (92 % of all non-CIS cases.) 253 persons/141 cases are officially pending, while thousands are on waiting lists to submit claims. There are approximately 100,000 Afghans currently in the country, some of whom are refugees sur place. The huge decrease in the number of refugees, down

93

from 8,000 one year earlier was due to the acquisition of RF citizenship by Georgian refugees in North Ossetia. Protection Framework Over the last ten years, the Russian Government has taken several steps to establish an asylum system. These steps included ratifying the 1951 Convention and its 1967 Protocol, passing national refugee legislation, and establishing an administration in charge of managing migration and determining refugee status. Refugee status determination started before the 1993 refugee law to address the situation of millions of persons forced to relocate from CIS and Baltic countries to Russia. For asylum seekers from other countries, the procedure started only in 1997, resulting in a backlog of applications which, to date, has not been absorbed. In October 2001, the responsibility for migration and refugee affairs management was transferred to the Ministry of Interior (MOI). Despite this transfer, the consolidation of such functions within the MOI as well as the legislative and administrative measures initiated since then by the MOI in the field of migration control have had, indirectly, a negative impact on the protection of refugees and asylum seekers. The current migration policy of the Russian Government is guided by the perception of threats (genuine or exaggerated) from its Southern (and often somewhat unstable) neighbours. The combined necessity to prevent terrorism, combat illegal migration and trade (including the transit of Afghanistan-produced heroin) and protect the local labour market is having negative consequences on asylum seekers’ access to the refugee status determination procedures as well as on their refugee status recognition. While awaiting access to the national refugee status determination procedure, asylum seekers remain undocumented and are, thus, considered illegal aliens by law enforcement agencies and may be subject to police harassment, including fines, administrative detention, threats of eviction, and risk of deportation. Growing xenophobia towards non-Slavic people has aggravated this precarious situation. African refugees, in particular, face serious legal and physical protection problems, which significantly limit their chances of local integration. In addition to the lack of access to employment, education and health care faced by most non-CIS asylum seekers, Africans as well as others such as Afghans, both women and men, are the frequent victims of racially motivated assaults. Since 1995, UNHCR’s Branch Office in Moscow has been implementing a voluntary repatriation programme for non-CIS refugees, primarily for Africans and Georgians. For a variety of reasons, the Georgian repatriation movement has slowed considerably and UNHCR’s focus for these refugees has shifted to local integration. In addition, a voluntary repatriation project for Afghan refugees was initiated in June 2003, allowing some 161 refugees to go back home by the end of 2003. Asylum seekers registered with UNHCR’s Branch Office in Moscow are identified and referred for resettlement through an internal referral mechanism comprised of staff from the Protection, Resettlement, and Community Services sections of the Office. The mechanism also benefits from the input of relevant implementing partners. Breakdown of Resettlement Needs by Population The majority of cases deemed to be in need of international protection and in need of resettlement will originate from various countries in Africa (50 persons) and Afghanistan (460 persons) and CIS countries (30 persons).

94

Resettlement Projections UNHCR’s Branch Office in Moscow plans to submit 100 cases (approximately 463 persons) for resettlement from the Russian Federation in 2006, out of a total resettlement need for 910 refugees. This projection is based upon the current staffing capacity of the Resettlement Unit as well as on the current need for resettlement of the urban refugee caseload, combined with projections on the pace and needs of newly arriving asylum seekers. UKRAINE Existing Caseload Ukraine currently hosts 2,654 recognised refugees. 1,290 of them originate from Afghanistan, many having been associated with the Najibullah regime and having long-lasting links with Ukraine as former students or military trainees. 709 are from countries of Former Soviet Union, including 195 refugees from Chechnya/RF, 318 originate from various countries of Africa, 40 from Syria, 38 from Iraq, 27 from Iran and 37 from other Middle-Eastern, Asian or European countries. A majority of refugees reside in urban areas: 45% reside in the centre or outskirts of Kyiv, other refugee communities have formed in Odesa and Kharkiv. 56% of refugees are adult male, 19% adult women, 25% are children. There were 2,294 asylum seekers in Ukraine in 2004, of which 1,364 filed new applications with the authorities in 2004, with another 930 asylum seekers applied in 2003 and pending first instance or appeals decisions at the beginning of 2004. The main countries of origin were Afghanistan, Chechnya/RF, Pakistan, Palestine, Iraq, Somalia, Iran and Sri Lanka. Protection Framework Ukraine adopted its first Refugee Law in 1993, and started to implement it in 1996. In June 2001, a new, much improved, Refugee Law was adopted. While application of the 1993 Law ceased in August 2001, implementation of the 2001 Law only slowly commenced over the second half of 2002, after more than one year of suspending the acceptance of new asylum applications and refugee status determination procedures. Since then more than half of the persons who sought protection were denied admission into the asylum procedures for administrative reasons without any substantive consideration of their claim. This situation was caused by the main shortcoming of the new Refugee Law (Article 9), which stipulates a time limit of three to five days for the submission of asylum applications following entry into the country. UNHCR lobbying reduced the rate of non-admitted asylum seekers from 65% in 2003 to 26% in 2004. However, although more asylum seekers are being admitted into procedures, 60% of applicants are now rejected as manifestly unfounded at the early stages of government RSD procedures without hearing refugee claim on the substance. Average decision-processing time for asylum seekers accepted into substantive RSD procedures made up about one year from the date when asylum application was submitted,

95

which resulted in the increased number of asylum seekers pending first instance or appeals decisions (from 930 at the beginning to 1,530 at the end of 2004). Only 80 persons were recognized by Ukrainian government as refugees in 2004 (56 during 2003). In comparison, during the time of implementation of the first Refugee Law from 1996 to summer of 2001, migration authorities had decided positively on 50.7% of the applications, thus granting refugee status to 5,174 persons out of 10,191. Insufficient implementation of the Refugee Law by some asylum authorities continues to deprive asylum seekers or potential asylum seekers of due access to documents certifying their legal stay in Ukraine. A weak rule of law, weak supervision by the State Administration and prosecutors, as well as the preoccupation of law enforcement authorities with “combating illegal migration”, allowed certain commands of the State Border Service (SBS) to restrict NGO and UNHCR access to provide legal information and services to detained persons potentially of concern and the latter access to asylum procedures. Several hundred detained migrants were denied access to asylum procedures and deported instead, increasing refoulement. Refugees and asylum seekers, especially those from African countries, regularly report xenophobic or racial discrimination. There are also instances of racially motivated violent attacks. Ukrainian legislation and law enforcement bodies do not pay due attention to such incidents. Some law enforcement officials particularly target foreign-looking persons, including refugees, for document check-ups and subsequent bribery pressure. Racial slurs appear frequent, while there are reports of physical attacks, mistreatment and even torture of refugees by law enforcement officials.

Without proper legal status and in the absence of complementary protection mechanisms, asylum seekers are deprived of many rights, including employment, housing, they remain vulnerable to arrest, detention, and even refoulement. They can not get access to medical care, unless it is sponsored by UNHCR.

Although the Refugee Law grants recognized refugees many of the social and economic rights stipulated by the 1951 Convention, in practice refugees still face many obstacles to enjoy these rights.

While according to legislation persons granted refugee status should have equal employment rights as Ukrainian nationals, except for being employed as public servants (as non-nationals), in practice many employers are prejudiced against employing refugees. Most refugees are unemployed or self-employed in the informal economic sector such as markets and bazaars regardless of their education and previous work experience.

According to the Refugee Law, recognized refugees are entitled to the same rights for health care, medical treatment and medical insurance, as citizens of Ukraine. Access to medical care should thus be free of charge for them. In practice, however, refugees like other patients have to pay for medical supplies and drugs, as well as for the services provided (surgical treatment etc). Though recognized refugees have access to local policlinics and hospitals for consultations, treatment may be limited given their inability to pay. As a result, most refugees do not have effective access to care and treatment. This may be even more acute for those in need of special treatment for example disabled refugees or those suffering under particular psychological trauma (e.g. survivors of torture, war, etc).

On some occasions asylum seekers and refugees still face problems related to their residence registration. Many refugees can not comply with strict registration requirements, which render

96

them vulnerable to harassment by law-enforcement authorities and denies them access to all the aforementioned national services including those related to health care, education as well as employment.

Recognized refugees are not provided with government housing and there are no regulations or mechanisms in place that allows refugees to obtain subsidized accommodation. As a result many refugees remain homeless or live in sub-standard conditions which may be dangerous to their physical and psychological health. Often refugees have to spend almost their entire income on accommodation. Breakdown of Resettlement Needs by Population Resettlement needs will depend on the progress of the implementation of the 2001 Refugee Law, both in relation to status determination for pending cases and local integration possibilities for those already recognised as refugees. It is hoped that naturalization and local integration can be facilitated as a durable solution for a majority of refugees. At the same time, developments in Afghanistan, Sri Lanka and Iraq may increase the possibility of voluntary repatriation as a durable solution for some refugees and asylum seekers. Even if the implementation of the Refugee Law progresses well, however, the UNHCR Office in Ukraine expects that a limited number of cases rejected by the government, but deemed to be in continued need of international protection, as well as some recognised refugees will need to be considered for resettlement due to individual legal, social, and medical factors. Resettlement Projections The UNHCR Office in Ukraine estimates that 600 persons will be in need of resettlement from Ukraine in 2006, including approximately 160 asylum seekers and refugees of African origin, 160 Afghans, 80 asylum seekers from Chechen Republic and 200 persons of other nationalities. With the present capacity, the office plans a number of 250 persons to be identified and processed leading to the submission of around 120 for resettlement during 2006.

SOUTH-EASTERN EUROPE

The UNHCR resettlement program in the former Yugoslavia began in October 1992 in Croatia when UNHCR made an appeal to resettle over 4,000 ex-detainees in Bosnia and Herzegovina. From 1992-1995, resettlement countries responded very generously to UNHCR's appeals for resettlement quotas for refugees out of the former Yugoslavia and resettlement was used not only as a protection tool but also a burden sharing mechanism to provide asylum to thousands of Bosnian refugees fleeing persecution. During this period, more than 30,000 refugees were resettled under UNHCR auspices from Croatia. In 1996, with the mass influx of refugees arriving in Yugoslavia from Croatia and Bosnia and Herzegovina, UNHCR embarked on a resettlement program for Krajina Serb refugees out of Yugoslavia which mainly focused on mixed marriages, victims of violence and torture, ex-detainees, and family reunification cases.

Projected needs: 2,627 persons / Processing capacity: 2,627 persons

97

Since the Dayton Agreement, however, UNHCR has concentrated on repatriating the overwhelming majority of refugees from the region, and resettlement activities have consequently been gradually reduced. Indeed, since 2001, resettlement has been gradually phased-out of the UNHCR protection framework for refugees originating from within the region. Mandate refugees originating from outside the region will, however, be considered for resettlement until efficient and effective asylum systems are developed in the succeeding states. The largest number of refugees in Albania and The Former Yugoslav Republic of Macedonia are from Kosovo who fled that area during the crisis in 1999. They are mainly Roma, Askalija and Egyptian (RAE) minority ethnic origin, in the case of those in the Former Yugoslav Republic of Macedonia, or ethnic Albanian or Roma, in the case of Albania. Asylum procedures in the Former Yugoslav Republic of Macedonia and Albania have only recently been established. These two countries have very low asylum support capacities and their respective national legislation does not include complimentary forms of protection. In addition, their ability to provide effective protection to refugees is frustrated by their lack of socio-economic infrastructure and the difficult economic situation faced by these two countries. Because of these conditions, the need to resettle some of the remaining cases has been foreseen for 2006. Bosnia and Herzegovina (BiH) mainly hosts refugees from Croatia and Serbia and Montenegro (including Kosovo). While most refugees in BiH from Kosovo province hold temporary admission cards which have been extended to mid-2005, UNHCR has highlighted to the local authorities their continued protection needs and the present lack of local integration prospects and limited repatriation opportunities in view of the uncertainties surrounding the province’s final status. In contrast it is expected that the majority of the Croatian Serb refugees will locally integrate or voluntarily repatriate. Resettlement from Serbia and Montenegro has been gradually phased down since its height between 1992 and 2000. However, until the national asylum system is established and fully operational, UNHCR will continue to provide resettlement as a tool of protection as well as a responsibility sharing tool for the region. Turkey is a party to the 1951 Convention and its 1967 Protocol though it maintains the geographic limitations of Art. 1B (1) of the 1951 Convention, affecting refugees originating from non-European countries. Resettlement therefore remains a key durable solution for refugees in the region given the number of non-European refugees in Turkey. Group resettlement may be an important tool in addressing the need to find a durable solution for the large number of Middle Eastern refugees for whom local integration and repatriation prospects are low. ALBANIA Existing Caseload Due to its geographical location, Albania is still a transit country for asylum seekers and refugees aiming to reach Western Europe. It is currently hosting approximately 98 asylum

98

seekers and refugees, mostly ethnic Albanians and Roma from Kosovo. There are a few third country nationals, mainly from Iraq and Turkey, but also from China, Nepal, Iran and Moldova. Many refugees from third countries had not intended to come to Albania. Protection Framework Albania is a party to the 1951 Convention and its 1967 Protocol. The national asylum law includes not only Convention status for refugees but also ensures the basic rights of those granted temporary protection or humanitarian status. There are, however, still significant gaps in the implementation of the asylum law that hinder efforts at local integration. UNHCR and its Implementing Partners are making efforts in facilitating and encouraging the local integration of persons granted asylum. Voluntary repatriation to the countries of origin remains a remote durable solution option as most cases are long stayers from Kosovo and repatriation options have been largely exhausted. The process of local integration of refugees in Albania depends on the economic, social, political and cultural circumstances. Despite the approval of the Law on Local Integration for persons granted asylum, it is not yet expected that the State would provide enough resources for the integration of refugees. The local social and cultural life is still dominantly characterised by low economic security and weak infrastructure institutions. The country is still under continuous political tension between the different political forces also in view of the coming general political elections of 2005. Issues such as impunity for police abuse, failures of various government branches to uphold the rule of law, trafficking in human beings and widespread violations of children's rights continued to be major concerns. Organized crime and corruption, police abuses, and trafficking of human beings, in particular the trafficking of women for the purpose of sexual exploitation, constitute serious concerns for Albania. The local population largely survives on salaries and state pensions that are insufficient to maintain a decent standard of living. The security situation in some parts of the country for specific categories of the society remains volatile. A positive climate of tolerance is generally considered to prevail with respect to ethnic minority groups, however, some negative prejudice and stereotypes exist, particularly with respect to Roma and Egyptians. The concept of human rights in general, and refugee protection in particular, has yet to consolidate its basis in the population, the state institutions, and civil society in general. Breakdown of Resettlement Needs by Population Due to the present policy of the Government of Albania (GoA) in trying to implement local integration legislation for the persons granted asylum in the Republic of Albania, UNHCR will continue to address protection and social needs to this category upon GoAs requests. At the end of 2004 the caseload in Albania was composed of not more than 130 persons, which dropped to 98 persons in 2005, among which 51 persons are recognised refugees and 47 are asylum seekers. Only a few cases have been assessed as eligible for resettlement by UNHCR Tirana due to their circumstances in the country of asylum, and the criteria established for resettlement. Most of these cases are Roma from Kosovo, who still fear the lack of physical security in the country of origin and face serious difficulties in locally integrating in Albania. Other cases are elderly, and one Woman at Risk

99

Resettlement Projections For many of the refugees in Albania the only viable durable solution that ensures their real protection remains resettlement to a third country. UNHCR BO Tirana prioritizes for resettlement cases that have strong grounds for submission including women-at-risk, children, elderly, and survivors of violence or of torture. In the course of 2006 UNHCR’s Branch Office in Tirana expects to identify and submit 22 refugees, mainly Roma and ethnic Albanians from Kosovo, for resettlement. BOSNIA AND HERZEGOVINA Existing Caseload There are three major groups of refugees in Bosnia and Herzegovina (BiH). The first group includes about 2,900 refugees from Kosovo, Serbia and Montenegro (SCG), who enjoy temporary protection in BiH. Most of them arrived in BiH in 1998 and in 1999, after the NATO air strikes. The second includes the approximately 19,000 ethnic Serbs from Croatia. The third group includes about 150 refugees recognised by UNHCR through individual RSD procedure under its mandate, mostly coming from SCG (including Kosovo) and approximately 10 persons from countries outside of the region. Those who belong to the first group are people from Kosovo (SCG) who are protected under the Instruction on the Temporary Admission (TA) to Bosnia and Herzegovina of Refugees from the Federal Republic of Yugoslavia, which provides for temporary admission on a prima facie group basis. In March 2004, based on UNHCR’s recommendations, the Council of Ministers extended TA status of persons from Kosovo, mostly belonging to minority groups, for one more year until 30 June 2005. Given the fact that most of the refugees from Kosovo with TA status belong to minority groups, for whom “the conditions in Kosovo are not yet conducive for the return” (Update on the Kosovo Roma, Ashkaelia, Egyptian, Serb, Bosniak, Gorani and Albanian Communities in a Minority Situation, UNHCR Kosovo, June 2004), and given that the TA status, which is a temporary status, does not provide the full-fledged rights which refugees should enjoy, UNHCR has recommended to the BiH authorities to consider a more permanent solution in BiH. However, the future of the TA status holders after mid-2005 is still unclear. Protection Framework The BiH is a party to the 1951 Convention and its 1967 Protocol. In addition, the Law on Movement and Stay of Aliens and Asylum (LMSAA) was adopted in July 2003 and its Bylaw on Asylum was signed in April 2004. On 01 July 2004, the Ministry of Security officially took over the responsibility for dealing with new asylum claims from UNHCR, in accordance with the LMSAA, while UNHCR continues to deal with its pending asylum applications throughout the year 2005. Bosnia and Herzegovina mainly hosts refugees from Croatia and Serbia and Montenegro (including Kosovo). While most refugees in BiH originally from Kosovo hold temporary admission cards which have been extended to mid-2005, UNHCR has highlighted to the local

100

authorities their continuing protection needs and the present lack of integration prospects. In contrast, it is expected that the majority of refugees from Croatia, will locally integrate or voluntarily repatriate. Breakdown of Resettlement Needs by Population Refugees from Serbia and Montenegro With a combination of factors such as lack of appropriate protection of refugees (lack of implementation of LMSAA; unclear future of TA holders) and discrimination against ethnic minorities such as Roma, UNHCR predicts that approximately 140 persons from this group of refugees from SCG (particularly Kosovo) would be in need of resettlement in 2006. UNHCR continues to identify refugees with particular protection concerns, such as medical cases, woman-at-risk cases (including trafficking victims, victims of sexual abuse), survivors of violence, and mixed marriages, and refer them for resettlement. Refugees of various nationalities With limited local integration prospects in BiH particularly for refugees from outside of the region, and in view of the specific protection needs of victims of trafficking, resettlement continues to serve as the only viable solution for most refugees in this group. UNHCR predicts about 10 persons in this group to be resettled in 2006. Resettlement Projections UNHCR Sarajevo plans to submit 150 refugees for resettlement from Bosnia and Herzegovina in 2006, including persons belonging to minority groups from SCG including Kosovo (140) and recognized refugees from outside of the region (10). CROATIA Existing Caseload There are two groups of refugees in the Republic of Croatia: the first group includes 3,656 refugees from the region (3,204 from Bosnia and 452 from Yugoslavia as at 31 December 2004) granted temporary protection status by the Croatian authorities, and; the second group are refugees recognised following individual refugee status determination under the UNHCR mandate. There are seven mandate refugees originating from Afghanistan (1) and Kosovo (6). Protection Framework Croatia is party to the 1951 Refugee Convention and its 1967 Protocol. The Law on Asylum was adopted in June 2003 and entered into force on 1 July 2004. Though the possibility existed for recognition of refugee status prior to the introduction of the Asylum Law, no case was ever recognised under the Government’s individual RSD procedure and the vast majority of cases were either rejected or dismissed (mostly in those cases where the asylum seekers left the country prior to the completion of the procedure). Therefore, UNHCR conducts a Mandate review of each asylum application following the first instance administrative decision in order to ensure persons in need of international protection are not overlooked. Refugees from the

101

region were granted temporary protection status on a prima facie basis at the time of the conflicts in the region in the 1990s. UNHCR expected that as of 1 July 2004, when the Law on Asylum entered into force, the Croatian authorities would begin to recognise refugees under individual RSD procedures. Refugees recognised by the Croatian authorities are expected to integrate locally and provisions for this are made in the Law on Asylum. From 1 July 2004 until 31 December 2004 no asylum seeker was recognized as a refugee. UNHCR decided the Mandate review to be continued until, with regard to decisions on applications under the new Law on Asylum, the quality of RSD decisions is found to be satisfactory. Breakdown of Resettlement Needs by Population Refugees from Bosnia and Herzegovina (BiH) and Serbia-Montenegro Refugees from Bosnia and Herzegovina (BiH) and Serbia-Montenegro (SCG) granted temporary protection are expected to locally integrate or repatriate voluntarily. The resettlement programme for this group ended in 2002. Temporary protection is withdrawn by the Croatian authorities on an individual basis, for example, when a refugee’s property is repossessed or reconstructed in the country of origin or they acquire Croatian citizenship or permanent residence. Individuals have the right to appeal the fact that temporary protection has been withdrawn and can apply for individual refugee status determination with the Ministry of Interior. Resettlement Projections The number of refugees recognised under the Mandate review and in need of resettlement is expected to remain small, on the assumption that the majority of those refugees recognized by the national authorities would be locally integrated and only a smaller number would be in need of resettlement. Therefore, UNHCR Croatia requests resettlement for 5 cases/15 persons, in 2006. THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA Existing Caseload The remaining caseload of refugees and asylum seekers in the Former Yugoslav Republic of Macedonia numbering 2,217 at end April 2005 mainly consist of Roma, Askalija and Egyptians (RAE), but also Bosnians, Gorani, Serbs and a few Albanians from Kosovo. Refugee status determination by local authorities under the Law on Asylum and Temporary Protection of all persons within the caseload should be completed by 2006 and the Government should have extended Humanitarian Protection status, valid for up to one year and renewable, to a large majority of the group. Thus, while few individuals are at real risk of refoulement, and security incidents in the country of asylum are followed up by the law enforcement authorities, UNHCR Skopje is of the opinion that persons in need of resettlement for legal and physical protection needs are very few. Protection Framework

102

The former Yugolav Republic of Macedonia has acceded to all key international and regional instruments relating to refugee protection, notably the 1951 Convention and its 1967 Protocol (through succession on 18 January 1994). The Law on Asylum and Temporary Protection (LATP) was adopted in July 2003 with a by-law passed in 2004 which sets forth rules for the fingerprinting of asylum seekers and the format of IDs and travel documents. The national asylum law sets forth rights and entitlements of recognized refugees and, to a more limited extent, persons under Humanitarian Protection. For the time being the will and financial resources needed by the Macedonian Government to guarantee access to these rights are limited which means that UNHCR and its NGO-partners run all care and maintenance programmes for the refugee population in the former Yugoslav Republic of Macedonia. The Government also sees the prospect of local integration of part of the caseload as a burden rather than an opportunity and has therefore taken no steps to encourage or facilitate this durable solution. No substantial change in this respect is likely in 2006. Breakdown of Resettlement Needs by Population Ethnic minorities from Kosovo Until the situation in Kosovo has stabilized and conditions conducive for return are created, the prospects for large scale repatriation to Kosovo remain limited. In recent years, UNHCR has facilitated the return to Kosovo or relocation to Serbia of a yearly average of 150 individuals who pursue this option on a voluntary basis. Poor medical services, also for cases of trauma-related stress as well as possible instances of gender-based violence within the refugee community, may bring about resettlement submissions on the basis of related criteria. The high number of infants, young mothers and prevalent illiteracy among women and the elderly in a society where the Roma population is marginalized and discrimination present may compound the need. Other nationalities In addition to the Kosovo caseload, the country, as an aspiring member of the EU, is likely to host an increasing number of arrivals of asylum seekers of diverse origins from the region and outside the region by 2006. The lack of an established national policy on refugee reception and integration, unreliable refugee status determinations of new comers and political pressure on asylum authorities to maintain good neighbourly relations may reduce access to other solutions and lead to submissions for reasons predominantly related to Legal or Physical Protection Needs, but also of Trafficked Human Beings (Women at Risk) or Survivors of Violence or Trauma. Resettlement Projections In 2005, 19 persons (5 families) are already in the resettlement pipeline. In addition, two to three more families (10-12 persons) may be presented before the end of the year. In 2006, it is envisaged that up to 35 persons predominantly ethnic minorities from Kosovo may need resettlement in third countries in 2006.

103

SERBIA AND MONTENEGRO Existing Caseload The total number of refugees in Serbia and Montenegro (SCG) at the end of 2004 was 275,565 individuals. In particular, 95,238 originated from Bosnia and Herzegovina (BiH) and 179,853 from Croatia. Serbia hosted 267,090 refugees, and Montenegro 8,474. The main influxes from Croatia and Bosnia and Herzegovina occurred between 1991 and 1995 as a result of the armed conflict in the former Yugoslavia. Provisional figures from re-registration exercise conducted at the beginning of 2005 show new figures of whom 141,467 refugees in Serbia and 8,448 refugees in Montenegro for a new total of 149,915. Protection Framework In the absence of an institutional and legal structure and mechanisms dealing with Refugee Status Determination for asylum seekers outside the region, UNHCR is currently conducting “ad interim” eligibility procedures on behalf of the Government of persons claiming to be in need of international protection. Asylum seekers arriving at sea, airports (with the exception of the Belgrade International Airport where a joint UNHCR-Ministry of Interior office has been put in place for referral of asylum claims to UNHCR pending the establishment of an asylum system) and land borders have no opportunity to seek asylum and are treated as illegal migrants, subject to judicial and administrative detention and/or deportation/refoulement. UNHCR is informed by the authorities of their presence in a detention center, when no deportation can be implemented. Refugees recognized under UNHCR’s Mandate are permitted to remain in Serbia and Montenegro until a resettlement solution is found for them. As a result, they do not enjoy any social and economic rights and are not granted legal status in Serbia and Montenegro. Therefore, they have no opportunity for local integration and are under risk of refoulement. Breakdown of Resettlement Needs by Population In 2006, no large resettlement numbers are expected. However, it will remain an instrument of protection for an extremely limited number of refugees from former-Yugoslavia that are identified as having specific protection problems and/or, who find themselves in an extremely vulnerable situation (Women at Risk, unaccompanied children, elderly, etc.). Refugees from Bosnia and Herzegovina Voluntary repatriation and local integration remain as the expected solutions for refugees originating from Bosnia and Herzegovina, having in mind that the issues of property repossession have mostly been resolved in Bosnia. At the same time, refugees from Bosnia and Herzegovina have access to dual citizenship. Resettlement remains as a solution for an extremely limited number of refugees from Bosnia and Herzegovina that clearly cannot return and have not integrated in the first country of asylum. It is assessed that the number will not exceed 5 refugees. Croatian Refugees

104

There are still refugees originating from Croatia that have not been able to resolve their property issues and have well founded fear of return to Croatia, or cannot achieve a sustainable return there. At the same time, there are those that despite the existing possibilities in the country of asylum (naturalization) have not been able to integrate locally, are marginalized and extremely vulnerable and for which resettlement would represent the most appropriate durable solution. It is not expected that the number of such refugees will exceed 25 refugees in 2006 and the focus of attention will be refugees in collective centres that are closing down. Other nationalities Refugees recognized under UNHCR’s Mandate are permitted to remain in Serbia and Montenegro until a resettlement solution is found for them. In 2006 UNHCR could have approximately 25 Mandate Refugees submitted for resettlement consideration to third countries. Resettlement Projections The projection for 2006 does not exceed 55 refugees. TURKEY Existing Caseload UNHCR’s Branch Office in Ankara has an active caseload of 6,203 persons (58% are male, 42% female), of which 60% are women and children. Breakdown of the caseload includes 56% Iranians (mainly Bahais claiming religious persecution), 25% Iraqis and 19% other nationalities, namely Africans (Somalis, Sudanese, Ethiopians), Afghans, Uzbeks, Chinese-Uyghurs and other nationalities. The diversity of the caseload streams from the geographical location of Turkey -- often dubbed as the ‘Gateway to Europe’, since Turkey lies along major migration routes leading from Africa, South and Southwest Asia and the Middle East toward Europe. Protection Framework Turkey is a party to the 1951 Convention and its 1967 Protocol, but has maintained the geographic limitation of Art. 1B (1) of the 1951 Convention. Turkey has consequently limited its obligations only to persons having a well-founded fear of persecution “as a result of events occurring in Europe”. The Asylum Regulation adopted in November 1994 remains the only national legislation in force for processing individual asylum claims in Turkey. The Regulation has brought clarity as to what actions are to be taken by the asylum seekers and by Government officials with regard to asylum claims and refugee status. Under the 1994 Asylum Regulation, however, Turkey grants temporary asylum to non-European nationals who fulfil the international criteria for refugee status pending their resettlement to third countries. The Government looks to UNHCR to assist non-European refugees during their stay and to organise their resettlement, in cooperation with resettlement governments and IOM.

105

Access to the Government’s temporary asylum procedure is problematic for some individuals as the 1994 Asylum Regulation requires asylum seekers to make their application within 10 days after entering the country and to provide an official identity document within 15 days. Asylum seekers who do not travel directly from their country of origin and pass through one or more other countries before reaching Turkey may continue to be refused registration in the Government procedure. Such “extra procedure” asylum seekers and refugees have no legal status in Turkey and are subject to arrest and risk deportation, although UNHCR is usually able to intervene successfully if notified in time. For these cases, BO Ankara has to sometimes resort to emergency submissions if deportation orders have been issued. However, in recent months the Government has been more accommodating and applying more flexibility for the asylum seekers who missed the deadline to register. As the vast majority of refugees recognized by UNHCR Branch Office in Ankara are non-Europeans, primarily from Iran and Iraq, and in the absence of local integration and repatriation prospects, resettlement remains the only viable durable solution for refugees under UNHCR’s Mandate in Turkey. Even though Turkey’s candidacy for membership in the European Union has provided clear benchmarks and increased momentum for efforts to strengthen the national asylum system, including making conditional commitment to lifting the “geographic limitation”, it is foreseen that resettlement will continue to be an essential protection tool and should be used as an instrument of international solidarity and burden-sharing in the coming years pending the development of legislative and institutional mechanism in Turkey, which may take several years. Notwithstanding the Iranian ex-Iraq caseload, UNHCR Turkey has noted with concern the continued difficulties to find solutions for certain profile groups: men of military age, former military officers and those previously affiliated with the intelligence services in their country of origin. For such cases, when a resettlement country is willing to consider the submission following normally persistent referrals, the enhanced security background checks can be quite lengthy resulting in long delays Additionally, some resettlement countries have excluded considering refugees from certain nationalities (e.g. Somalis) in their annual quota for Turkey. For those cases with closer family links, this makes it difficult for BO Ankara to re-submit the cases elsewhere as at the same time, some of the more vulnerable refugees are reluctant to be resettled where they have no family support in other countries. UNHCR Branch Office Ankara encourages resettlement countries to consider applying flexibility in their selection, particularly taking into consideration the aforementioned groups as resettlement remained the only viable durable solution for non-European refugees in Turkey. As resettlement will remain an important protection tool for a large number of refugees in the region for some time to come, UNHCR Turkey cautioned resettlement countries’ fatigue towards certain groups of refugees. The resettlement processing time in Turkey takes about 9 months on average, from the time of recognition to departure. This waiting period however does NOT include the RSD processing time. Since the refugees in Turkey are all urban caseload, the long waiting period for a solution has tremendous economic hardship and repercussion for the asylum seekers and refugees. Breakdown of Resettlement Needs by Population

106

Iranian Refugees UNHCR’s active caseload includes nearly 1,200 Iranian refugees who entered Turkey since February 2001 after having resided for varying periods in northern Iraq and who were not permitted to register in the Government’s temporary asylum procedure for this reason until March 2004, when they were given the opportunity to apply for temporary residence permits in Turkey under the normal aliens legislation. UNHCR’s assessment of the caseload is that the vast majority did not have acute, protection-related reasons for leaving the first country of asylum, although return to Iraq is still not possible because of the uncertainties and unstable security situation. The Iranian ex-Iraq group could be a potential group processing caseload which has NOT been included as part of the resettlement needs for Turkey since a policy for their solution, i.e. strategic use of resettlement as a durable solution, needs to be pursued with a regional view to avoid further movements in the region through pull factors. The Turkish Government has been adamant about not allowing resettlement for this group out of Turkey for fear of another pull factor as Turkey had previously experienced with the same caseload. Although some resettlement countries have expressed interest in the Iranians ex-Iraq caseload, a commitment by resettlement countries in the spirit of responsibility-sharing need to be addressed and agreed for UNHCR Branch Office Ankara to renew negotiations with the Turkish Government to allow resettlement for this caseload. Iraqi Refugees The plight of Iraqis remains a concern in view of the extremely volatile situation in Iraq despite the recent formation of a new government. Currently UNHCR is not able to offer any viable durable solutions for the Iraqis in Turkey neither through voluntary repatriation, local integration nor resettlement, with the exception of very few cases through family reunification programmes. The situation in Iraq further contributed to the resettlement impasse and delays as most resettlement countries continued to suspend resettlement processing. While UNHCR is encouraged by the positive changes taking place in Iraq, the overall security, political, social and economic situation in the country is still very fluid and volatile, and would not allow for the safe and dignified return of Iraqi refugees. The situation on the ground clearly reflects the reality as Iraqi applications in 2004 has increased by 280% comprising 964 persons. Most of the newly registered cases are Iraqi Assyrians and Chaldean Christians which UNHCR Branch Office Ankara is in the process of determining their status. Iraqis now represent 25% of UNHCR Turkey’s active caseload. Afghan Refugees Similarly for the Afghan caseload and notwithstanding the positive developments in Afghanistan, UNHCR Turkey believes that there will be a need to resettle a limited number of Afghan refugees in need of continued international protection. African Refugees In addition to the ‘traditional’ caseload (Iranians and Iraqis) in Turkey, the demands on UNHCR Turkey have grown in recent years with the arrival of increasing numbers of asylum-seekers from African countries. Africans do not have access to the informal support networks available to asylum-seekers coming from Iran and Iraq. They are often destitute and in poor health when they reach Turkey, which makes them both more dependent on support from

107

UNHCR and more vulnerable to trafficking and other forms of exploitation. While seeking ways to speed up the processing, UNHCR remained concerned that some of the asylum seekers or refugees may resort to alternative illegal routes. Resettlement Projections In 2006, UNHCR’s Branch Office in Ankara plans to submit approximately 2,3501 persons for resettlement from Turkey: 2,000 Iranians (majority Bahais claiming religious persecution), 100 Iraqis, 150 Africans, 50 Afghans and 50 other nationalities (namely Chinese-Uyghurs and Uzbeks).

1 This number does NOT include the approximate 1,200 Iranian refugees ex-Iraq which could become a potential group processing for resettlement, subject to a regional policy decision on their durable solutions.

108

CENTRAL ASIA, SOUTH WEST ASIA, NORTH AFRICA, and MIDDLE EAST (CASWANAME)

Projected needs: 9,727 persons / Processing capacity: 8,280 persons

The CASWANAME region continues to host one of the largest numbers of urban and individually mandated refugees in need of resettlement in the world. This is largely due to the fact that the majority of states in the region have not acceded to the 1951 Convention as well as the lack of local integration opportunities in the region. The fragile, and sometimes volatile, asylum institutions in many of the countries in the region have necessitated the use of resettlement for purposes of protection. With the exception of refugees from Afghanistan, Sudan and, recently, to a very limited extent, from Iraq, there are no short-term prospects for voluntary repatriation for the other refugees. Resettlement, therefore, remains a viable durable solution for large number of refugees in this region. In recent years, UNHCR has progressively incorporated resettlement as a component of its protection framework for most of the countries in the region. In addition to embarking on harmonising eligibility criteria for the identification of cases, UNHCR has also improved the accessibility of resettlement to refugees needing this solution, thereby reducing the possibility of secondary movement within or from the region. UNHCR office in Beirut was designated a resettlement mini-hub as per HQ’s decision of devolution of certain resettlement submissions. Fourteen countries (Algeria, Iraq, Jordan, Kuwait, Kingdom of Saudi Arabia, Lebanon, Libya, Mauritania, Morocco, Syria, Tunisia, UAE, Western Sahara and Yemen) are expected to seek advice/support from UNHCR Beirut, if need be, channel their normal as well as urgent (non-medical) resettlement submissions to the Nordic countries, the Netherlands and the UK through UNHCR Beirut. Emergency and urgent medical cases will continue to be processed through HQs. Group methodology has also been used for Ethiopians ex- Navy refugees in Yemen. The protracted refugee situations of a number of refugees in Central Asia, primarily Afghan refugees, are being addressed via comprehensive solutions in which resettlement is a major component. With the signing of a comprehensive peace agreement between the Sudanese government and the Sudanese Peoples Liberation Movement (SPLM) in early 2005, the number of Sudanese refugees promoted for resettlement is anticipated to fall in 2006. The events of 11 September 2001 continue to reduce the pace of resettlement prospects of refugees from the region. Specifically, lengthy security checks on Iraqis and other refugees of Arab ethnicity have resulted in long delays in the resettlement process and, in the case of the Iraqis, the continued suspension of processing by some countries. Other nationalities of a certain religious denomination were also affected because of the national security concerns of resettlement countries. The changed situation in Iraq following the 2003 war has also resulted in a major change of the refugee and resettlement landscape in the Middle East. It further aggravated the resettlement impasse and contributed to more delays and, for most resettlement countries,

109

suspension of resettlement processing. Because of the changed circumstances in the Iraq, the basis for the resettlement applications of previously recognised Iraqi refugees were put into question by some resettlement countries or kept on hold pending possible repatriation to Iraq. While UNHCR is encouraged by the positive changes taking place in Iraq, the overall security, political, social and economic situation is the country is still very fluid and volatile, and would not allow for the safe and dignified return of Iraqi refugees. It is therefore believed that resettlement will remain an important protection tool for a large number of refugees in the region for some time to come. UNHCR is encouraged by the recent trend among certain resettlement countries, e.g. US, to lift the suspension of resettlement for the Iraqi refugees from the Middle East region. UNHCR expects to increase its submissions to these countries in the months to come. The staffing situation is also being supported by the deployment of Resettlement Consultants in CASWANAME through the UNHCR - ICMC NGO Deployment Scheme, in Egypt, Iran, Jordan, Lebanon and Yemen.

CENTRAL ASIA

Projected needs: 640 persons / Processing capacity: 550 persons KAZAKHSTAN Existing Caseload Kazakhstan hosts some 15,844 refugees. The majority are Chechens (13,684) and Tajiks (1,446), with a smaller number of Afghans (670) and 44 of other nationalities, mainly Chinese Uighurs and Palestinians. Protection Framework Despite the country's accession to the 1951 Convention and its 1967 Protocol, the refugee protection regime suffers from several critical gaps. The Government of Kazakhstan (GoK) maintains an asylum policy that excludes from the asylum procedure citizens of the Commonwealth of Independent States (CIS) and China, thus, denying official recognition to Chechens, Tajiks, Turkmens, Uzbeks and Chinese Uyghurs. National refugee status determination is also limited to Almaty and Shymkent, thus, asylum seekers residing in other parts of the country cannot have their claims examined. So far, there are only 669 persons in Kazakhstan, mainly Afghans, with official refugee status. Only 1 Afghan has received mandate status. While OCM Almaty is not aware of any refugee obtaining naturalisation except for one, very few refugees have so far been granted permanent residence permits. This creates an environment where local integration is a complicated option, although OCM Almaty initiated

110

discussions in 2003 (which is ongoing) with the authorities on the possibility of local integration of Afghan refugees. The integration of Tajik refugees who cannot return to Tajikistan is also on the agenda for further discussion with the authorities. Breakdown of Resettlement Needs by Population Chechen Refugees The protection situation for the Chechen refugees is very difficult since the Government of Kazakhstan refuses to accept Chechens into the national RSD procedure due to political considerations. Temporary registration, that allows Chechens to stay legally in the country, is sometimes difficult to obtain, therefore in some cases deportation stamps were issued to Chechens in 2005. UNHCR Almaty has been in negotiations with the government on the complementary form of protection for the Chechen refugees. Chinese Uighur Refugees The situation for the Chinese Uighur refugees is very fragile due to Kazakhstan's delicate relations with China and the refusal by the Kazakhstani authorities to allow them into the national asylum procedure. UNHCR has urged the Kazakhstani authorities to tolerate the stay of Chinese Uighur refugees recognized under its mandate pending their possible resettlement. Tajik Refugees OCM Almaty has been facilitating voluntary repatriation of the Tajik refugees since 2000. For the Afghans refugees, comprised mainly of ethnic Tajiks, Pushtuns, and Hazaras, voluntary repatriation had started for a very limited number, while most refugees have adopted a wait-and-see approach. Although most Afghan refugees in Kazakhstan do not face serious protection problems, they have so far, little prospects for local integration. Turkmen and Uzbek Refugees During previous years, OCM Almaty was approached by few Turkmen and Uzbeks seeking refugee status. The situation of this category of persons is quite difficult in Kazakhstan. They do not enjoy the right to access to the state RSD procedure, thus their claims are examined by UNHCR under its mandate. Those who were recognised as mandate refugees were resettled to third countries due to lack of prospects of voluntary repatriation and local integration. During 2002-2005 UNHCR recognised 4 Turkmen cases (9 persons) and 4 Uzbek cases (9 persons) as mandate refugees and resettled them to third countries. Resettlement Projections OCM Kazakhstan thus far employed resettlement primarily to address the needs of refugees with legal and physical protection needs and medical needs of the main target groups: the Chinese Uyghur, Chechen, and Afghan refugees. The latter group includes some medical cases as well as some cases that were denied refugee status by the authorities in Kazakhstan on the basis of a misinterpretation of the ‘safe third country’ principle. In view of the fragile protection regime and also due to lack other durable solutions, particularly for Afghans in Kazakhstan, OCM Almaty plans to promote resettlement as a

111

durable solution for a majority of urban refugees during 2005 and 2006. The planning figure for 2006 is: Total 55 refugees, including 20 Afghans, 15 Chechens, 10 Uighurs, and 10 Turkmen and Uzbek cases for resettlement from Kazakhstan. KYRGYZSTAN Existing Caseload Kyrgyzstan hosts a population of 3,753 recognised refugees and 456 registered asylum seekers, as of 01 January 2005. Most refugees are from Tajikistan and Afghanistan, with smaller numbers of refugees from Xinjiang Autonomous Region (People’s Republic of China), India, Iran, Iraq and Syria and asylum-seekers from Afghanistan, Chechnya (Russian Federation), Xinjiang Autonomous Region of China, Iran, Kazakhstan, Pakistan, Syria and Turkmenistan. Protection Framework Kyrgyzstan is a party to the 1951 Convention and its 1967 Protocol. A national Refugee Law was adopted in 2002, with implementing By-Laws passed in 2003. Although the legal basis for the protection of refugees is now well-defined, local integration prospects for refugees vary sharply depending on country of origin. Increasingly, these prospects are tied to security perceptions of the country of origin by local officials and the general public. Similarly, a national concern regarding the threat to the state posed by Islamic fundamentalism has further deepened in recent years. Given these factors, there are limited prospects for the local integration for Afghan, Chechen and Chinese Uyghur refugees and thus more compelling need for resettlement as a durable solution. Following the latest outbreak of violence that have rocked many cities in Uzbekistan and mainly the town of Andijan, around 550 Uzbek nationals managed to cross the border with Kyrgyzstan and as at May 18, 2005, 491 individuals (including 92 women and children) were registered as asylum seekers by the Kyrgyz authorities and have been hosted in a camp. The situation is still extremely volatile and it is very difficult to determine whether it would stabilize or deteriorate thus provoking a larger influx of asylum seekers. UNHCR is closely monitoring the developments and supporting the Kyrgyz authorities with the provision of material and protection support to the asylum seekers. Depending on the evolution of the situation, resettlement as a protection tool might be needed for some of the asylum seekers. In general, resettlement activities of UNHCR Kyrgyzstan focus on refugees with physical and legal protection needs, medical cases, particularly vulnerable cases and refugees lacking local integration or voluntary repatriation prospects. Breakdown of Resettlement Needs by Population Tajik Refugees UNHCR Kyrgyzstan has assisted over 4,600 to obtain Kyrgyz citizenship by naturalisation in the past four years alone. UNHCR has further assisted another more than 5,000 to voluntarily

112

repatriate. For Tajik refugees therefore, UNHCR does not prioritise resettlement as a preferred durable solution. Afghan refugees For Afghan refugees, resettlement has been a vital tool for protection, including the achievement of durable solutions. However, the successful use of this tool in the past will greatly decrease its need in 2006. In late 2003, within a Convention Plus framework, UNHCR Kyrgyzstan negotiated with Canadian immigration authorities a resettlement scheme to address the needs of long-staying Afghan refugees in Kyrgyzstan. The program envisioned an accelerated procedure during 2004 and was aimed for prompt departure of accepted cases. As a result of the program, 512 Afghan refugees or family members--virtually all recognised Afghan refugees were accepted for resettlement to Canada. Out of this figure, 412 persons departed to Canada by the end of 2004. The remaining 92 persons are pending departure, which is expected in first half of 2005. For the small remaining Afghan population, UNHCR Kyrgyzstan will continue to offer voluntary repatriation assistance or will work with Kyrgyz authorities to open up the naturalisation process (as has now been agreed by these authorities) until a durable solution is achieved for each Afghan refugee. Chechen Refugees Resettlement will be promoted for Chechens only in the case of a few individuals with legal and physical protection needs or medical cases. Chinese (Uighur) Refugees Resettlement remains the most significant protection tool for refugees from the People’s Republic of China, primarily ethnic Uighurs. Because of international political concerns, the Kyrgyz Government does not accept asylum applications from individuals from this region. UNHCR therefore examines asylum applications and grants refugee status under its Mandate to those in need of international protection. Because of the precarious nature of protection against refoulement for such individuals, recognised Mandate refugees are submitted for resettlement primarily for legal and physical protection concerns, often on an urgent basis. Resettlement Projections UNHCR plans to submit 40 persons for resettlement from Kyrgyzstan in 2006. TAJIKISTAN Existing Caseload At the beginning of the year 2005, the number of refugees and asylum-seekers in the Republic of Tajikistan remains around 2,500 persons. Almost 1,000 persons out of them, however, have been accepted for resettlement to Canada and await departure during the first half of the year. The vast majority originates from Afghanistan, with several individuals from Iraq, Iran and Cameroon.

113

Protection Framework Tajikistan is a party to the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto. The national legislation pertaining to refugees, i.e. the refugee law and the Government Resolutions #323, 325 and 328 are restrictive and detrimental to the interests of refugees. Resolution #323 refers to the concept of safe third country (including Uzbekistan, Kyrgyzstan, Kazakhstan, Russia, Belarus, China, Afghanistan, Iran, and Pakistan). Resolutions #325 and 328 refer to the relocation of refugees and asylum-seekers within the country from areas prohibited for their residence (the urban centers), while also stipulating a list of settlements where temporary residence is allowed (rural areas). The process of amending the refugee law is currently ongoing. The State Migration Service (SMS) under the Ministry of Labor and Social Protection of the Population is responsible for issues relating to refugees and asylum-seekers. The Head of SMS chairs an inter-ministerial RSD Commission, to which UNHCR is an observer. Over the past years, the protection climate has steadily improved; however, many gaps in the protection system are yet to be tackled. One of the gaps in the protection system is local integration which remains a theoretical concept only. To the best of UNHCR’s knowledge, to date, not a single refugee has been naturalized despite the fact that many refugees are eligible in accordance with the national legislation. Residence permits were given to a few persons of concern on a seemingly random basis and apparently not based on needs and/or legal grounds. Voluntary repatriation continues in a trickle: While in 2004 66 persons were assisted by UNHCR to return to Afghanistan, only one person was so far assisted in 2005. There was no increase in number of returnees following the elections in Afghanistan in October 2004. UNHCR Tajikistan in cooperation with the Canadian Embassy in Moscow is in the process of completing the accelerated resettlement procedure. The Canadian Resettlement Program (hereinafter CRP) in Tajikistan was launched in May 2004. UNHCR facilitated the preparation of the Canadian Immigration Forms for 732 cases (2,775 persons) who signed up for the CRP. To date, UNHCR Tajikistan submitted to the Canadian Embassy 553 cases (2,100 persons). As a result of interviews conducted by the Canadian Immigration Officers in fall 2004 and in early 2005 in Dushanbe and Khujand, 360 cases (1,296) persons were accepted and 156 cases (684 persons) were rejected for resettlement to Canada. The remainder of the cases are pending with the Canadian authorities. In another effort to enhance international burden-sharing, UNHCR Tajikistan has agreed with the US authorities to embark on a similar accelerated resettlement procedure. UNHCR is currently preparing cases for submission, and IOM missions and DHS missions are expected in Dushanbe during the course of 2005. Upon completion of the US Resettlement Program (USRP) – the last cases are expected to depart in 2006 – the refugee caseload will have been halved.

114

Breakdown of Resettlement Needs by Population Afghan Refugees With a population of 2,238 persons by the end of February 2005, Afghans are by far the largest group of refugees and asylum-seekers in Tajikistan (around 98%). Many of them have arrived over a decade ago and reached some degree of socio-economic integration but none has been granted Tajik citizenship. Given their profile – many were associated with the former Communist regime of Dr. Najibullah – return to Afghanistan is not an option. Iranian Refugees 26 Iranians seeking international protection are residing in Tajikistan. Six of them have been accepted for resettlement to Canada, one of whom has already departed. In 2005, UNHCR will screen the remaining Iranians for submission to the US. Many of them have converted to Christianity, which excludes the option of return to Iraq. Resettlement Projections It is expected that the cases of approximately 100 persons might be considered for resettlement in 2006. Priority, as usual, will be given to urgent medical cases, women at risk, survivors of violence and torture, and persons with legal and physical protection needs. The latter group includes individuals who have exhausted the legal means to receive refugee status and face a risk of detention and possible refoulement. TURKMENISTAN Existing Caseload Turkmenistan hosts around 11,028 Tajik and 500 Afghan prima facie refugees, the majority of whom are ethnic Turkmen, 329 Afghan Mandate refugees (mostly ethnic Hazara, Uzbek and Tajik); 88 ethnic-Armenian Mandate refugees from Azerbaijan; 8 Mandate refugees from Chechnya and 1 Iraqi. In 2005, it is expected that 331 mandate refugees would depart for resettlement to USA and Canada. Protection Framework Turkmenistan is a signatory to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. In 1997 Turkmenistan adopted its National Law on Refugees. In order to regulate migration and registration of foreign citizens, including stateless persons, in March of 2003 the Government established the State Service of Turkmenistan on Registration of Foreign Citizens. Among other things, the Service is mandated to “accept and determine refugee status, and register refugees and forced migrants in the territory of Turkmenistan, and ensure their voluntary repatriation”. On 07 March 2005 the Government adopted the Provision on Order of granting refugee status in Turkmenistan, which provides regulations for dealing with refugee and asylum issues, establishment of operational national refugee status determination (RSD) procedures, and also mechanisms for border authorities to refer asylum seekers to asylum officials.

115

OCM Ashgabat does not promote the resettlement of refugees from Turkmenistan, since the country largely fulfils the criteria of a safe country of asylum. The sole exception to this position would be cases whose prospects for long-term local integration, in particular high-ranking Afghans affiliated with KHaD and the former Communist regime and Azeri refugees of Armenian ethnicity, or voluntary return of whom to their country of origin are negligible and persons identified as having special needs that could only be met through resettlement, such as victims of torture, protection cases, unaccompanied minors, women-at-risk and medical cases. Breakdown of Resettlement Needs by Population Afghan Refugees (Urban) The urban Afghan refugee caseload, as opposed to Afghan prima facie refugees, fled Afghanistan fearing persecution on grounds of ethnicity, religion and political opinion during and after the Taliban regime. They undergo individual RSD and are recognized under UNHCR’s Mandate. On the other hand, Afghan prima facie refugees of Turkmen ethnicity came to Turkmenistan after an extended period of stay in Iran when they were invited by the Government of Turkmenistan on humanitarian grounds. All Afghan prima facie refugees were granted residence permit in 1994. In contrast, the prospects of local integration for the Afghan mandate refugee group in the urban centres are very limited as they cannot obtain residence permit in Turkmenistan. Refugees of this group may legally remain in Turkmenistan as long as they are holders of UNHCR Refugee Certificates; however, this is not a long-term solution. Despite repeated UNHCR interventions with the competent national authorities, no refugee from the Afghan urban group has obtained permanent residency or citizenship in the country. As to the voluntary repatriation option of the Afghan mandate refugees, the majority of them do not have a possibility of return to Afghanistan, since being former high-ranking military officials, members of the police force and KHaD (security service) of the Communist regime; they continue to be at risk of persecution in the country of origin. Tajik and Afghan Refugees (prima facie) The Tajik and Afghan prima facie refugees are, in general, locally integrated and mainly reside in rural areas of Turkmenistan. On 19 February 2005 OCM Ashgabat in cooperation with the State Service of Turkmenistan on Registration of Foreign Citizens completed registration exercise of this category of refugees. It is expected that the information obtained as a result of the registration will be crucial in finding most adequate durable solution for this caseload. Following a HQs mission in April 2005, the President of Turkmenistan agreed to grant citizenship to up to 9,700 Tajik refugees. All Tajik and Afghan prima facie refugees are eligible for voluntary repatriation. A limited number of refugees, may however be identified as needing resettlement in the future if they are unable to locally integrate or repatriate.

116

Resettlement Projections UNHCR in Ashgabat plans to submit at least 55 persons, including 30 Afghans, 20 Azeri of Armenian ethnicity, and 5 of other nationalities for resettlement from Turkmenistan in 2006. UZBEKISTAN Existing Caseload

The registered refugee caseload in UNHCR Uzbekistan is almost exclusively Afghan, with 2,337 persons recognised as refugees as of the beginning of 2005.

Apart from the Afghan refugees, there are also another 12 refugees registered with this office from areas as diverse as Azerbaijan, China, Palestine and Turkmenistan.

Additionally, based on a preliminary survey conducted in 2003 by a local NGO, it is estimated that there are 39,202 persons from Tajikistan in Uzbekistan who may be of concern to this office and who have expressed no desire to return to Tajikistan. They came to Uzbekistan during the civil war in Tajikistan in 1992-1997 and are mostly of Uzbek ethnicity. Many of them were out of Tajikistan when the new citizenship law was introduced there in 1995, according to which any Tajik citizen, who had been outside Tajikistan for more than five years, and who, within this period, did not undergo registration at Tajik diplomatic representation without valid reasons, shall lose Tajik citizenship. These persons in Uzbekistan, therefore, may be no longer considered Tajik citizens. However, since none of them has so far applied to UNHCR for refugee status, no accurate information is available on the number of persons among this group, who have already acquired Uzbek citizenship, if any, while some of them may be at least de facto locally integrated in the areas populated by Uzbek citizens of the same ethnicity. The main task of UNHCR at this stage is to prevent occurrence of a statelessness problem among them in Uzbekistan with the expected application of the cessation clause with regard to refugees from Tajikistan.

Protection Framework Resettlement has been used as a very important protection tool in Uzbekistan, as the Government still has not acceded to the 1951 Convention and has not adopted any national legislation or procedure regarding asylum seekers and refugees. Resettlement is therefore viewed very favourably by the government of Uzbekistan, who sees this burden sharing tool as an essential component in ensuring continued respect for the 1999 Gentleman’s Agreement reached between UNHCR and the government.1 As local integration prospects remain realistically nil, UNHCR Uzbekistan has also started a voluntary repatriation programme to Afghanistan in 2002. However, the numbers of Afghan refugees returning home remain small due to the perceived ongoing instability in Afghanistan and the will to return is very much dependent on further progress of the peace process there. 1 This verbal agreement was reached between UNHCR and the government in which the government of Uzbekistan agreed not to arrest, detain or deport refugees holding UNHCR mandate certificates and UNHCR pledging to share information about the names and addresses of refugees registered with this office. The agreement has largely been respected although each year, a few cases of deportations continue to occur albeit in smaller numbers compared with the pre-1999 situation.

117

With refugees not being a priority for the government, particularly given its undivided focus on national security concerns, RSD and resettlement selection procedures are fully carried out by UNHCR.

UNHCR continues to submit cases for resettlement of individuals, both Afghans and others, who have protection problems and whose prospects for both local integration and return to the country of origin remain unrealistic for the foreseeable future. Thus, various particular groups at risk were identified, including, Communist linked cases: members of PDPA (People’s Democratic Party of Afghanistan), former military officials, members of the police force and KHAD (Department of State Information Services), whose prospects of return are bleak and who do not fall within the exclusion clauses; former communist students and long stayers in the country who - upon graduation in country of asylum - automatically received an exit visa to their country of origin and, if caught, risk detention and deportation/refoulement; refugees who face protection problems, e.g. those detained for illegal entry or whose illegal presence has otherwise come to the attention of the law enforcement officials and who have received a mark in their passports, which makes them subject to deportation/refoulement without further investigation if they are caught again; women heads of household and single women who have no support within the refugee community and are, therefore, at particular security and protection risk; urgent medical cases; and traumatized victims of violence and torture.

Breakdown of Resettlement Needs by Population Afghan Refugees The Afghan caseload, consisting of 2,325 persons, includes a long staying group of individuals that came as Soviet sponsored students and never returned following the fall of President Najibullah in 1992, and this was soon followed by a wave of Afghans to Uzbekistan who were linked to his regime and sought to escape the Mujahidin influence until 1996. The Taliban takeover saw another fresh wave of Afghan refugees seeking asylum in Uzbekistan and a smaller group was registered post-September 11, 2001. Resettlement is not just a solution for the present refugee caseload, but may also be of crucial assistance to new arrivals from Afghanistan, which the offices in Tashkent and Termez continue to register. Many of these cases allege deteriorating stability conditions, human rights abuses, factional fighting and forcible conscription by warlords as reasons to seek asylum in Uzbekistan. It is clear that much of the work of this office will also depend on how the peace process in Afghanistan continues, as due to its neighbouring border in the south, Uzbekistan is geopolitically connected to developments in Northern Afghanistan.

There is also a smaller group of communist sponsored students. While many of them have married Uzbek women and have children, under the law they are not entitled to citizenship, and remain at risk of refoulement, which then causes a split in the family unit. UNHCR is also aware that many of these cases have also obtained temporary residence permits, which are expensive and have to be regularly renewed, causing great stress. Furthermore, the residence permits do not come with an automatic expectation of renewal and these persons can still face a threat of deportation as their permits can be suddenly cancelled (UNHCR has registered such cases of refoulement in the past).

118

Resettlement Projections

Following the generally positive outcome of last year’s facilitated resettlement to Canada, whereby groups of refugees (86 cases/378 persons) were selected on the basis of a certain criteria, e.g. “former Soviet students”, “long-stayers”, etc., the Canadian Immigration Board expressed willingness to resettle approximately 800 persons from Uzbekistan in 2005.

In early 2005, 112 persons were submitted for the US resettlement and a further 100 persons are planned to be submitted for resettlement by autumn 2005. A total of 200 persons were submitted to the US for resettlement in 2005.

Based on past years’ experience and the present level of staffing, UNHCR is considering resettlement of 300 persons in Uzbekistan in 2006, out of whom 100 persons, using individual resettlement determination criteria, and 200 persons for facilitated resettlement. This number, however, remains tentative as there are other issues to consider, including the fact that some of the cases may have returned to their country of origin or their status may be ceased. Additionally, a number of cases are linked to PDPA membership and KHAD, and while not necessarily excludable, close consultation with the resettlement countries will be necessary to ensure the cases that need international protection will receive it.

SOUTH-WEST ASIA

Projected needs: 2,330 persons / Processing capacity: 2,030 persons

IRAN Existing Caseload According to UNHCR statistics, the number of Afghan refugees remaining in Iran as at 01 January 2005 was approximately 952,000 and more than 94,000 Iraqi refugees. Approximately 3.3% of the refugees live in camps while the remainder (96.7%) live in the urban and suburban areas. Since repatriation to Afghanistan began in April 2002, 1,099,910 Afghans and 12,971 Iraqi refugees have voluntarily returned. A further 200,000-300,000 Afghans and 25,000 Iraqis are expected to repatriate in 2005 and another 300,000 Afghans and 10,000 Iraqis in 2006. Protection Framework Iran is party to the 1951 Convention and its 1967 Protocol, but has no domestic refugee legislation. It maintains a reservation to Article 17 of the 1951 Convention, limiting employment opportunities for refugees. Afghans and Iraqis who entered Iran before the Islamic Revolution of 1979 were issued refugee booklets, while permanent cards for Afghans ceased in 1992. In 2001 BAFIA conducted a registration (BRP) and issued 2.3 M Afghans and

119

200,000 Iraqis with personal documentation slips. In 2003 BAFIA completed the a re-registration exercise for Afghans (called Amayesh) in which 1.5 M persons of those registered in 2001 were documented and issued individual cards. The Amayesh cards which replace the BRP slips are time restricted and extendable. However, we have yet to see the extension phase implemented. All Amayesh cards have expired in January-April 2004. Resettlement, as a durable solution, is restricted to Afghans and Iraqis who registered with the authorities by 2001. Parallel with the repatriation programme, and on the basis of a comprehensive solutions framework, UNHCR will continue to pursue and negotiate with the Government that local integration is made available for identified groups of Afghans and Iraqi refugees (such as long-stayers and those with strong links with Iran), for whom it cannot be expected that they return to Afghanistan/Iraq. Breakdown of Resettlement Needs by Population Iraqi Refugees Despite the continued precarious socio-economic and political situation in Iraq many Iraqis have returned voluntarily with the assistance of UNHCR as well as spontaneously and this has resulted in many camps closing. This trend of voluntary repatriation is expected to continue in 2006 when conditions improve in the spheres of good governance and civil society in Iraq. Afghan Refugees With the situation in Afghanistan improving and with the determination of the Government of Iran and UNHCR’s dynamic voluntary repatriation programme, male headed families may feel safe to return. However, unaccompanied women with or without children may continue to exhibit an unwillingness and fear to return. Resettlement Projections Resettlement, as a durable solution, will maintain a proactive approach in identifying cases eligible for resettlement and will review resettlement criteria on a comprehensive regional approach. UNHCR’s resettlement activities in Iran focus on responding to the protection needs of refugees with special profiles which are continuously reviewed. Complex anti fraud layers throughout the resettlement process will be maintained and enhanced to ensure the integrity of the resettlement process. At this point in time UNHCR Iran anticipates that there would be approximately 1,500 persons in need of resettlement in 2006. This figure has decreased from 2004 due to the improving conditions of the country of origin (Afghanistan and Iraq) thus enabling more persons to return in safety and with dignity. The Resettlement Unit has the capacity to submit 1,200 persons in total.

120

PAKISTAN Existing Caseload Pakistan is hosting the largest population of Afghans in the world for over two decades. The Afghans in Pakistan have arrived in multiple waves over time, the last one arriving post September 2001. Since the change of circumstance in Afghanistan in 2002, the UNHCR office in Pakistan has facilitated one of the largest repatriation movements of the decade, returning more than 2.3 million Afghans from Pakistan. In 2004 a total of 382,724 persons were assisted to return to their country of origin. The three year Tripartite Agreement of March 2002 with the Government of Pakistan, UNHCR and the Government of Afghanistan constitutes the legal framework to achieve a gradual return of Afghans from Pakistan. The current agreement is set to expire in March 2006. Protection Framework Pakistan is not a signatory of 1951 Convention and does not have a national asylum law. The country’s only official legal instrument to deal with asylum seekers is the Foreigners Act (of 1946) which requires all foreigners, including refugees, to possess legal documents to enter and stay in the country. The Pakistani government has on several occasions declared that local integration is not an option for refugees in Pakistan. Breakdown of Resettlement Needs by Population Afghan Refugees At the beginning of 2005 more than 1 million Afghans were receiving UNHCR assistance in Pakistan in camps and refugee settlement. An unknown, but substantial number of Afghans reside in urban areas. The population is of diverse ethnic background, the majority being Pashtuns, with minority groups including, Hazaras, Tajiks, Balouch and Turkomen. Most originate from areas in eastern Afghanistan, close to the Pakistani border, however, a significant number also come from the Kabul area, as well as from the northern provinces. No comprehensive registration has ever taken place of the caseload, however in late 2004 UNHCR reached an agreement with the Government of Pakistan on the organization of a census and registration of Afghans in Pakistan. A country-wide census was carried out over a 10 day period in end February early March 2005. In addition to giving more accurate information on the actual number of Afghans in Pakistan the census is also expected to give crucial information for finding future comprehensive durable solutions, including future planning for possible resettlement of a limited part of the residual Afghan caseload, who find themselves unable to return to Afghanistan for either protection related reasons or reasons of vulnerability as a measure of burden sharing. The final results of the census are expected to be known in mid-2005. UNHCR and the Pakistani authorities acknowledge that all Afghans in Pakistan are not refugees. In light of the current ongoing large scale repatriation operation, resettlement activities in Pakistan of Afghans are being carried out in an extremely captious manner in order not to undermine the return process. Cases for resettlement are identified mainly through individual status determination carried out at UNHCR offices in three locations in the country in accordance with guidelines developed by UNHCR’s Department of International

121

Protection. In 2006, more developed field protection activities are also expected to identify some cases in need of resettlement. During 2005, the data collected in the census exercise is expected to provide a more detailed profile of the current Afghan population in Pakistan and to pave the ground for finding solutions that are of a comprehensive nature. However, as repatriation is seen as a the most suitable durable solution for a majority of the Afghan caseload, resettlement activities will be carried out for a limited number of specifically vulnerable individuals, both identified through individual eligibility procedures and field monitoring activities. Group submission is not envisaged for the time being, but may be part of a comprehensive approach in the future. UNHCR in Pakistan expects that during 2006 the cases identified for resettlement will include individuals with specific protection needs, and UNHCR will also refer particularly vulnerable cases, of concern to UNHCR who are handicapped and ill individuals, or families with handicapped or ill members for whom treatment is not available in Pakistan or Afghanistan. UNHCR may also consider referring unaccompanied minors, who lack community support in Afghanistan and Pakistan. Further, UNHCR in Pakistan will also continue to identify refugees who should benefit from the principle of family unity, and promote their resettlement to a third country to benefit from family reunification. Other Nationalities In addition to the Afghans, there is a group of some 550 individuals of various nationalities recognized under the UNHCR Mandate, mostly Somalis, Iraqis and Iranians for whom UNHCR is actively seeking a durable solution inside or outside Pakistan. Many of these have already been presented for resettlement to one or more countries in the past, and the Branch Office is continuing counselling for voluntary repatriation, and pursuing limited options of prolonged temporary stay in Pakistan in addition to finding durable solutions through resettlement. Resettlement Projections During 2006 UNHCR in Pakistan expects to identify approximately 830 persons in need of resettlement. UNHCR will attempt to strengthen cooperation with implementing partners and NGOs working in the field, to address unmet needs of both camp populations and the urban population with a view identifying especially vulnerable cases for resettlement.

122

NORTH AFRICA and the MIDDLE EAST

Projected needs: 6,757 persons / Processing capacity: 5,700 persons EGYPT Existing Caseload As of 01 January 2005, Egypt was host to some 20,500 refugees recognized under UNHCR mandate. Out of these total, the Sudanese accounted for 72% and Somalis for 19%. The remaining 9% was made up of refugees from 27 other countries. In addition, an estimated 40,000 to 70,000 Palestinian refugees are believed to be in Egypt, although only a handful is registered with UNHCR. Protection Framework Egypt is a State Party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol. Upon accession to the Convention, Egypt entered and still maintains reservations to articles 12 (1) (personal status), 20 (rationing), 22 (1) (access to primary education), 23 (access to public relief and assistance) and 24 (labour legislation and social security). Egypt has also signed, but not yet ratified, the 1969 OAU Convention governing the Specific Aspects of Refugee Problems in Africa. Egypt is yet to take concrete steps towards the adoption of domestic refugee legislation and procedures for registering asylum-seekers and determining their refugee status. Over the years, however, the Government has made recourse to a number of ministerial decrees to respond to certain aspects of the problems of refugees as illustrated by regulations to deal with the issuance of temporary residence permits for refugees (Ministry of Interior Decree No. 8180/1996) and primary education (Ministry of Education Decree No. 24/1992 and Decision of the Minister of Education dated 13/12/2000). Likewise, the Government has taken measures to regulate refugees’ right to work by stamping their refugee identification document with “allowed to work” declaration (Memorandum from the Ministry of Foreign Affairs to UNHCR dated 26 February 1990). In many other important areas, the treatment of refugees and asylum-seekers in Egypt is assimilated with that of ordinary aliens. Notwithstanding, Egypt has continued to maintain a generous admission policy for persons who may be in need of international protection. In the absence of national asylum legislation and the requisite institutional arrangements and capacity, the responsibilities for refugee status determination, assistance and solutions have fallen upon UNHCR. The Office carries out these functions under a framework agreement signed with the Government in 1954 which requests UNHCR to support the Government by undertaking the following specific tasks: (a) to co-operate with the Government authorities in determining refugee status under the mandate of the High Commissioner; (b) to facilitate the voluntary repatriation of refugees; (c) to pursue, in co-operation with the Egyptian Government, the resettlement of refugees in third countries; (d) to provide, within the limits of the funds available to the Office, for the assistance of the most destitute refugees in Egypt; and (e) to co-ordinate the activities of refugee-assisting non-governmental organizations authorized by the Government.

123

Evidently, there are more refugees remaining in Egypt than UNHCR has been able to resettle in third countries. These are mainly refugees coming within the extended mandate of UNHCR, or the so-called “OAU refugees.” Most of the refugees who have remained in Egypt have little prospects of socio-economic integration. This may be understandable in a situation where the demographic pressure is demanding substantial Government investments in public services (including basic education and health care), urban infrastructure, living facilities and employment opportunities, where nearly half of the population lives on less than two US dollars per day, and where the informal sector of the economy is said to probably account for as much as 30 per cent of the nation’s total economic activity. Given the socio-economic realities of the host country, UNHCR has sought to promote self-reliance of refugees through their own contributions and initiatives combined with some support in the form of skills development, housing subsidy and health care. Breakdown of Resettlement Needs by Population Sudanese From 1994 to 2004, UNHCR Cairo processed about 65, 000 refugee applications, of which 56,000 were from Sudanese nationals. During the same period, UNHCR assisted some 19,500 refugees in finding a durable solution by way of resettlement in third countries, most notably the United States of America, Canada, Australia and Finland. Aside from serving a humanitarian function, resettlement has thus been a tangible measure of burden- and responsibility-sharing and an effective means for reducing the impetus to irregular movement of refugees and asylum-seekers from Egypt in search of a durable solution. The vast majority, over 90%, of all refugees who were resettled over the years are Sudanese (predominantly southern Sudanese), stemming from both their share (72%) of the refugee population in Egypt and the high receptivity of resettlement countries to this group. UNHCR Cairo is anticipating its referrals for resettlement in 2005 to exceed 4,000 persons, as it did in 2004. There will be, however, major changes in 2006. The conclusion of the comprehensive peace agreement between the Government of Sudan and the Sudanese People’s Liberation Movement/Army (SPLM/SPLA) on 09 January 2005 dictates that the number of southern Sudanese refugees promoted for resettlement in 2006 will considerably reduce, in the expectation that voluntary repatriation should be a viable option in the foreseeable future. UNHCR considers that large-scale resettlement concurrent to a broad repatriation is neither viable nor desirable. In addition, the “Four Freedoms” (free movement, residence, employment and property ownership) reciprocal agreement made between Sudan and Egypt, which came into effect in August 2004 but is yet to be implemented by Egypt, is expected to improve local integration prospects for Sudanese in Egypt (whether refugees or otherwise). It is worth noting that already an estimated two to three million Sudanese nationals are reported to live in Egypt. Although the referral of Sudanese is expected to decrease substantially in 2006, the number of refugees from other nationalities (mainly Somalis, Ethiopians and Eritreans) for whom resettlement may serve as a protection tool will remain a matter of concern, taking into account the high number of vulnerable, single women-headed households, prolonged stay in the host country without achieving any measure of self-sufficiency and poor repatriation prospects.

124

Resettlement Projections Assuming that the peace agreement between the Government of Sudan and the SPLM/SPLA is effectively implemented in 2005, it is estimated that a maximum of 500 Sudanese refugees will be referred for resettlement in 2006. In addition, UNHCR expects that resettlement is likely to be employed as a protection response mechanism for an estimated 300 Somali refugees and 200 refugees of Ethiopian, Eritrean and other nationalities. All in all, UNHCR anticipates a need and a potential capacity to refer for resettlement 1,000 refugees in 2006. JORDAN Existing Caseload UNHCR Amman has a registered population of approximately 1,000 recognized refugees. More than 80% of these refugees are from Iraq. Other nationalities include Syrians, Sudanese, Somalis, Egyptians, Chechens and Bedouins. There are also an estimated 250,000 Iraqis in Jordan, including asylum seekers and individuals benefiting from temporary protection due to recent events in Iraq. Some 13,000 post-2003 war Iraqis have registered under the temporary protection regime. Furthermore, at two different locations at the Iraqi-Jordanian border, UNHCR is assisting some 640 Iranian Kurds, some 175 Palestinians, and other nationals. Protection Framework Jordan is not a party to either the 1951 Convention or its 1967 Protocol. The Memorandum of Understanding (MOU) between UNHCR and the Government, signed in 1998, only provides for temporary asylum in the country for refugees whose status is determined by UNHCR under the mandate. Refugees are granted only six months’ residence in Jordan, making local integration impossible and timely resettlement a significant priority. Refugees registered at the border camps enjoy temporary protection. Their situation is managed under the provisions of the Letter of Understanding that guarantees temporary protection of refugees and other persons in need of protection and humanitarian assistance in refugee camps. Breakdown of Resettlement Needs by Population Iraqi Refugees The overthrow of Saddam Hussein's regime in Iraq has opened the possibility of future voluntary repatriation for Iraqis in Jordan, as well as from Syria and Lebanon, and has made UNHCR's strategy for identifying durable solutions for Iraqi refugees more complex. The continuing uncertainty as to the nature of the new government in Iraq, the general lack of peace and order in the country, as well as intermittent fighting in some parts of the country, however, continue to hinder the voluntary return of many Iraqis. UNHCR does not consider the situation in Iraq to be conducive to voluntary repatriation at this point in time. While voluntary repatriation will be the eventual option for the vast majority of Iraqi refugees in Jordan, a significant number of Iraqi refugees in the region will not be able to return. Such refugees include those who are survivors of violence and torture, victims of

125

gender-based persecution and refugees who fled or who fear religious-based persecution. Return would also be problematic for vulnerable refugees, especially women-at-risk and refugees with particular medical needs, and members of minority groups such as the Bedouin, and members of the Sabean/ Mandean religious minority group. Finally, repatriation would not be a viable option for refugees that may be perceived as supporters of the former regime due to positions they held either in the military, government or Baath party, who could fear future persecution, especially by non-state agents. Refugee status determination for Iraqi asylum seekers will be resumed for people for whom temporary protection of Iraqi nationals that started in March 2003 is seen insufficient to cover their protection needs. As a result, additional Iraqi refugees are expected to be recognised based on their fear of persecution if returned to Iraq, thereby creating additional resettlement need in 2006. The continuation of temporary protection for Iraqi nationals for an unknown period of time makes concrete planning for resettlement difficult. Other Refugees Resettlement will also be pursued for third country nationals recognised under UNHCR’s Mandate, with the exception of Chechens who have been granted temporary residence in Jordan. The resettlement submissions for the urban caseload may include: 30 Somalis (linked to ethnicity), 15 Stateless Arabs (Bedouins, based on political opinion, ethnicity and particular social group), 10 Eritreans (claims linked to draft evaders, deserters, political opinion, religion), 15 Ethiopians (claims linked to draft evaders, deserters, political opinion, mixed marriages), 20 Sudanese (claims linked to the general insecurity in Darfur, religion, membership of a particular social group, political opinion, draft evasion / desertion), 40 Syrians (based on political opinion) and 15 Egyptians (claims linked to political opinion), 10 Saudis (claims linked to religion), 10 Yemenis (claims linked to political opinion, religion), 5 Libyans (claims linked to political opinion). Additionally, on the assumption that RSD will resume for the Iraqi caseload, it is expected there will be 1,700 individual Iraqi submissions. With regard to the camp caseload, UNHCR expects that approximately 306 Iranian Kurds would be in need of resettlement in 2006, as well as some other nationals. Resettlement Projections In total, UNHCR Jordan plans to submit 2,176 persons for resettlement from Jordan in 2006. Staffing support through the continued secondment of an ICMC deployee will be necessary to complete referrals of the camp caseload for resettlement. Furthermore, significant increase in staffing will be required once the RSD for Iraqis is resumed in the course of 2005 or 2006.

126

LEBANON Existing Caseload According to 2004 statistics, Lebanon currently hosts 1,753 refugees. The majority of the refugees are Iraqi (1,148), Sudanese (311) and a smaller number of Somalis (79). Protection Framework Lebanon has yet to accede to the 1951 Convention or the 1967 Protocol relating to the status of refugees. Regional Office (RO) Beirut’s capacity to ensure the protection of refugees in Lebanon continues to be directly linked to its ability to identify durable solutions for refugees and to support them with material assistance during their stay. Hence, pending opportunities for large scale voluntary repatriation, UNHCR’ assistance activities as well as its third country resettlement programme remain vital protection tools. The Lebanese government makes the release of detained refugees contingent upon assurances from UNHCR regarding the resettlement status of the persons concerned. Under an MOU with the Government of Lebanon, the Lebanese General Security has provisionally stated that it will give the Office a maximum of 9 months to resettle recognized refugees who have been released from detention. According to Article 9: “The Directorate General of the General Security issues temporary circulation permits valid for six months for recognized refugees awaiting resettlement to a third country, allowing thus UNHCR to undertake the necessary contacts towards this purpose. In the event of complications, the permits can be renewed for a final period of three months after which time the General Security would be entitled to take the appropriate legal measures”. Detention cases are therefore submitted on a priority basis and this is to continue to be the case in 2006. UNHCR remains concerned that refugees who have been accepted for resettlement but are awaiting prolonged periods of time for departure face an increased risk of arrest and detention by the authorities for illegal entry (verdicts range from one month to three months of imprisonment, financial fines from 100,000 LL to one million and deportation order). It is hoped that the positive trend of departures witnessed earlier will increase throughout the course of 2006. Protracted delays on the part of most resettlement countries for security purposes prior to departure and penalties imposed on refugees by Lebanese authorities remain major overall constraints for resettlement. However, in March 2005, RO Beirut after protracted negotiations with the authorities managed to agree on exemption of some very vulnerable refugees from penalties but strictly on a case by case basis. Breakdown of Resettlement Needs by Population Iraqi Refugees The situation in Iraq remains insecure, volatile and unsafe and thus UNHCR is not actively involved in encouraging but rather facilitating repatriation at this time. One of the key constraints to UNHCR’s ability to assess the conditions in the country of origin, and more comprehensively be able to advise potential returnees, is the lack of security and consequent absence of international staff. It is assumed that with the eventual return to normality in Iraq, the UN will be better placed to carry out the full range of return and reintegration activities

127

which would make such a return sustainable. Certain categories of Iraqis continue to claim an inability to return due to tribal and other problems, which also need to be fully and thoroughly assessed. Resettlement needs are ongoing for several groups of Iraqi refugees including women at risk, certain minorities, gender based persecution, and religion based persecution, members of particular social groups, torture cases, medical cases, and applicants with close family links in resettlement countries. RO Beirut expects to submit more cases of Iraqis whose claims are based on persecution of non government agents after the fall of the ex regime. Sudanese Refugees The group of Sudanese refugees registered with UNHCR’s RO in Beirut is comprised of both single men and families. The sub categories of refugees include draft evaders and deserters, members of vulnerable ethnic groups in particular Dinka, Nuba and Fur, persons fearing religious based persecution based on their Christian beliefs and persons affiliated in some form with various political movements including Sudanese People’s Liberation Movement, Sudanese People’s Liberation Army, Umma Party, Democratic National Front or other opposition groups. Considering the continuing insecure and unstable situation in various parts of Sudan, repatriation is not deemed to be a viable durable solution for the majority of Sudanese refugees. Somali Refugees Another group requiring resettlement includes Somalis originating from minority ethnic groups and from areas located outside of Punt land in Somalia which remain to this date unstable and thus, unsafe for the purposes of repatriation. The minority ethnic groups include Bantu, Benadir and Midgan amongst other groups. Other nationalities This category includes refugees from the following countries: Afghanistan, Algeria, Egypt, Burundi, Chad, Congo, Eritrea, Ethiopia, Tunisia, Turkey and Yemen. Resettlement Projections After 11/09/2001, DHS mission stalled the activities on resettlement from Lebanon for security reasons. However, four DHS Officers came for a mission to Beirut at the beginning of March 2005 and reassessed all the cases already approved for resettlement to the USA before September 2001. RO Beirut was designated in 2005 as a resettlement mini-hub as per HQ’s decision of devolution of certain resettlement submissions. Fourteen countries (Algeria, Iraq, Jordan, Kuwait, Kingdom of Saudi Arabia, Lebanon, Libya, Mauritania, Morocco, Syria, Tunisia, UAE, Western Sahara and Yemen) are channelling all their normal as well as urgent (non-medical) resettlement submissions to the Nordic countries, the Netherlands and the UK through Beirut. It is expected that the arrangement will continue in 2006. Emergency and urgent medical cases will continue to be processed through HQ.

128

For 2006, RO Beirut has projected a total of 1321 refugees as being in need of resettlement: 1,046 Iraqis, 155 Sudanese and 70 Somalis, and 50 refugees belonging to other nationalities. SAUDI ARABIA, BAHRAIN, OMAN AND QATAR Existing Caseload At the beginning of 2005, there were 2,184 refugees in Saudi Arabia, Kuwait, UAE, Qatar, Bahrain and Oman. In 2006, the projected total refugee caseload would be 1,673 refugees with the following breakdown: 923 Palestinians, 300 Iraqis in Rafha camp, 50 Afghans, and 400 refugees belonging to various nationalities, e.g. Sudanese, Eritreans, etc. The Eritrean refugees are under the custody of the Saudi authorities in military facilities in the Western Coasts of KSA (Gizan area), while the rest of the refugee population will be in urban settlements in Saudi Arabia and the neighbouring Gulf countries. Protection Framework Gulf countries accept the presence of refugees on their territories on a temporary basis only. They are not signatories to the 1951 Convention, neither to the 1967 Protocol concerning refugees and there is no asylum policy in their national legislation/regulation. None of the recognized refugees (camp/urban) have ever been locally integrated in their countries. Thus the stay of recognised refugees is only temporarily tolerated pending the identification of a durable solution, i.e., repatriation or resettlement. With lack of possibility of local integration and when voluntary repatriation is not feasible or foreseeable within an acceptable time frame, resettlement is considered as a durable solution and a vital instrument of protection. Breakdown of Resettlement Needs by Population Iraqi Refugees Owing to the fundamental change that took place in Iraq, resettlement is no longer a solution to the Rafha camp caseload. Eritrean Refugees At the beginning of 2005, RO Riyadh was informed by the Saudi authorities about the arrival of some 160 Eritrean nationals in small groups. The Eritreans continue to flee to the Saudi territories in small groups. They all belong to the Eritrean Navy and Armed Forces. RO Riyadh is currently conducting RSD for this caseload. Taking into consideration that the Saudi authorities accepts their presence on its territory on temporary basis only and with lack of local integration prospects in Saudi Arabia, we expect during 2006 the need of 70 resettlement opportunities for all recognized refugees of this caseload, especially since they are detained in detention centres and military facilities under the custody of the Ministry of Interior and Coast guards in Gizan area.

129

Resettlement Projections UNHCR expects to resettle during 2006 70 recognized Eritreans refugees. In addition to the above, we would also need to resettle during 2006 some 20 recognized refugees, who are not in conformity with residence regulations in the gulf countries and who are only authorized for temporary stay pending finding of durable solution. SYRIAN ARAB REPUBLIC Existing Caseload The number of recognised urban refugees in Syria is approximately 2,850 of which 47.5 % are Iraqis, 12.5% Afghans, 16.4% Somalis, 5.8 % Sudanese and the remaining 7.7 % other nationalities and stateless. El Hol camp in Hassake province in North- east Syria was closed in June 2004. Presently, refugees are all in urban areas getting financial assistance from UNHCR. Protection Framework Syria is neither a Party to the 1951 Convention nor the 1967 Protocol and there is no governmental structure in charge of refugee issues or domestic RSD procedure. Until November 2001, Arab nationals in Syria enjoyed free entry and unlimited stay. Following a new immigration regulation in June 2001, all foreigners' stay is limited to three months and a residence permit is given only on certain conditions and for a limited period. This new regulation directly affects asylum seekers and refugees whose asylum applications may be pending or who may be in the resettlement process. UNHCR is currently negotiating with the Syrian authorities a special right to remain for asylum seekers and refugees (and subsequent protection from refoulement or deportation). However, in the interim, resettlement from Syria is becoming even more important, and speedy processing of resettlement cases (including security clearance and departures) are crucial. Due to political pressure and changes in the political circumstances in the region, Syrian authorities have begun implementing a restrictive policy on admission and inhabitancy of Iraqi nationals. The possibility of formal and durable integration in Syria is basically non-existent, due to the lack of legal framework pertaining to refugees’ protection, the harsh economic situation, as well as security concerns. Syria has enacted no legislative or administrative provisions to facilitate the assimilation and naturalization of the refugees. Refugees have no long term access to employment, education and social services. Refugees in Syria are not allowed to work legally, and work in the informal sector is rare due to the difficult economic situation in Syria. Refugees also face restrictions accessing advanced medical services. Breakdown of Resettlement Needs by Population Iraqi Refugees Aggravation of tension in the Iraqi crisis in 2004 resulted in UNHCR Syria receiving a large number of Iraqis. As of 31st December 2004 amounting to 13,036 Iraqi individuals were recognised as prima facie under the temporary protection regime. It is estimated that about

130

700,000 of these persons are presently in Syria according to the latest information from government sources. Iraqi individuals who were recognised as prima facie under the temporary protection are mainly of ethnic and religious minorities, groups persecuted because of belonging to certain social groups and those persecuted and fearing persecution because of their political opinions. There are a considerable number of Iraqi refugees who were formerly residing in other asylum countries. This includes some Iraqis who previously lived in the Rafha Camp in KSA or Iran, Faily Kurds, Iraqis of Iranian origin and asylum seekers from Southern Iraq who generally faced severe economic and social problems and discrimination based on religious grounds, many claiming to have participated in the up-raising in 1991. The optimism regarding the prospects for voluntary repatriation to Iraq that briefly prevailed in 2003 and 2004 did not continue and UNHCR’s focus for the Iraqi population registered with the office was to ensure that the temporary protection regime was effective. The general lack of peace and order as well as the on-going insecurity in some parts of the country continue to hinder the voluntary return of the Iraqis. UNHCR Damascus has registered 5,527 Iraqis for repatriation, but only thirty-three individuals returned during 2004. The entire “old” Iraqi caseload was reviewed in 2004, and cases identified still in need of resettlement are being prepared for submission. However, the decision of many resettlement countries not to process Iraqi applications had a great impact on the office's resettlement activities and only vulnerable Iraqi cases, ones with protection needs together with cases related to non-state agents of persecution and family reunification were submitted for resettlement due to the very restricted criteria by resettlement countries. In view of the on-going situation in Iraq, it is perceived that in 2006, Iraq will still be a refugee-producing country. It should be noted that despite Syria’s announcement of its readiness to accede to the 1951 Convention, in 2006 this accession will not be operationalized and local integration will not be an option. Thus, action needs to be taken to avoid the deterioration of UNHCR’s relationship with the Syrian authorities as the lack of resettlement prospects for Iraqi refugees will pose a heavy burden on the Syrian government. Afghan Refugees No Afghan refugees were repatriated during 2004. The remaining Afghan refugees have not opted to repatriate as the majority left their country decades ago and many of their children (about 52%) were born in Syria or Iran. Another common characteristic of the caseload is the mixed marriage and the advanced age of the principle applicant. New developments affecting this caseload such as the negative outcome of the assessment of the voluntary repatriation possibilities, together with the total lack of local integration and the prolonged stay in the country, have led the office to consider that resettlement is the only durable solution for them. Yemeni Refugees The repatriation of Yemenis is about to be concluded as seven individuals opted for voluntary repatriation to Yemen. Only one case has been submitted for resettlement due to medical needs.

131

Sudanese Refugees UNHCR Syria has and is being approached by a constant but decreasing flow of Sudanese asylum seekers. They currently represent 5.8% of the caseload. Many Southern Sudanese have been in IDP camps in Sudan prior to leaving their country. The Sudanese community is mainly Christian, which makes their integration in Syria more difficult. There are many single persons without family support, and marriages of convenience are very common among this group. In addition to the hardships faced generally by the refugees, single mothers, who represent a high number of the Sudanese and Somali cases, also face great difficulty in providing their children with education and the necessary care. As with all African refugees, the Sudanese and the Somalis are gravely concerned as they are easily identified as non-Syrians, and therefore can be detained and deported by the Syrian authorities. They are at risk of exploitation and detention due to their lack of immigration status. Resettlement Projections Apart from the Iraqis, the resettlement caseload consists mainly of urban Somali, Afghan and Sudanese refugees living in Damascus. In 2006, the office estimates the residual caseload of approximately 170 Afghan refugees, consisting of cases in need of medical care, elderly refugees and those without local integration prospects, will be in need of resettlement. 300 Iraqis are considered to be in need of resettlement as women at risk, survivors of torture or violence and those facing security risks in Syria due to the geographical proximity with Iraq and family reunification cases. At the same time it is estimated that 250 Somali refugees will be referred for resettlement as women at risk and due to lack of local integration prospects. An estimated 150 Sudanese refugees under women at risk and survivors or violence or torture and an estimated 60 refugees of other nationalities with family links and specific characteristics will be referred. The office presently has the required capacity to submit all the 930 persons estimated to be in need of resettlement in 2006. YEMEN Existing Caseload Yemen hosts 50,057 refugees as of 1 January 2005. The vast majority (47,109 persons) are Somalis. This figure does not include 16,600 Somalis who arrived during 2004, most of whom are likely to have moved on to Saudi Arabia and the Persian Gulf countries in search of employment. UNHCR has also registered some 2,787 refugees of other nationalities, including 1,914 Ethiopians, 222 Iraqis, 425 Palestinians, 63 Sudanese and 96 Eritreans. Protection Framework Yemen is a signatory to the 1951 Refugee Convention and its 1967 Protocol. The Government grants prima facie refugee status to Somalis, based upon the refugee definition contained in the OAU Refugee Convention. UNHCR and the Yemeni Government have jointly registered

132

and documented 47,109 Somali refugees. The refugee cards, which are co-signed by UNHCR and the Government, confirm the refugee status of the holder, their right to legal stay and freedom of movement and access to employment and basic education. Asylum-seekers of other nationalities must apply to UNHCR for Mandate refugee status. UNHCR advocates with the Government for the registration of non-Somali refugees and for their access to the rights guaranteed under the Convention. UNHCR supports the efforts of the Government of Yemen to strengthen its refugee protection capacities and fully implement the Convention and Protocol. In addition to the joint registration project described above, UNHCR has contributed significantly to the development of draft national refugee legislation that is currently under development, and refugee law training programmes. Nevertheless, Yemen faces significant challenges in promoting economic and social development for its own people. Thus, responsibility for meeting the basic needs of refugees falls principally upon UNHCR and its partners. Opportunities for refugees to achieve true legal, social and economic integration in Yemen are extremely limited. UNHCR promotes resettlement as a tool of protection for refugees in Yemen, with a special focus on refugee women in a socially, psychologically or medically vulnerable situation, including women headed families. Refugees facing individual security problems are also given priority. During 2004, UNHCR referred 202 individuals (69 cases), the majority of whom are Somali Women at Risk profiles. Of those, 85% have been tentatively accepted, marking a significant increase in HCR Yemen’s resettlement acceptance rates. Breakdown of Resettlement Needs by Population Somali Refugees UNHCR Yemen estimates that some 640 refugees, mainly Somalis (and some Ethiopians) in the category of Women-at-Risk are in need of resettlement in 2006. Ethiopian Refugees Some 600 vulnerable Ethiopian Oromo refugees living in a protracted situation at Kharaz camp might be submitted in 2006. Resettlement Projections The first group resettlement submission was successfully made in January 2005 with the submission of a group of 636 former officers and cadets of the Ethiopian Navy and their dependents (264 cases), who were recognised on a prima facie basis when they arrived in 1991 following the overthrow of President Mengistu.

UNHCR Yemen’s capacity for resettlement processing and referrals is 500 persons in 2006, assuming that a JPO/IUNV is recruited. In order to meet the total projected resettlement needs described above (approximately 1,240), UNHCR Yemen will require additional staffing and support.

133

Projected Global Resettlement Needs 2005 By Country of Origin

Country of Origin Country of Asylum Est.

Resettlement Needs

Est. Resettlement Capacity

Potential Group Submissions

A F R I C A Angola DRC 237 --

Russian Federation 40 0

Angola Total 277 0

Burundi Cameroon 50 50

DRC 73 --

Namibia 7 7

Rwanda 100 100

South Africa 90 45

Tanzania 1000 1000 *****

Uganda 50 50

Zimbabwe 100 50

Burundi Total 1470 1302

Central African Republic (CAR) Cameroon 100 100 Central African Republic (CAR) Total 100 100

Chad Cameroon 50 50

Chad Total 50 50

Congolese (DRC) Angola 40 40

Burundi 2300 200

Cameroon 50 50

Cote d'Ivoire 30 30

Indonesia 10 10

Namibia 16 16

Rwanda 600 0 South Africa 140 75

Tanzania 750 750

Uganda 750 750 Zambia 2220 700 ***** Zimbabwe 200 100

Congolese (DRC) Total 7106 2721

Congolese (RoC) Cameroon 50 50

DRC 207 200

Gabon 450 50

Ivory Coast 50 25

Congolese (RoC) Total 757 325

Eritrea Djibouti 70 50

Ethiopia 1800 600

Jordan 10 10

134

Country of Origin Country of Asylum Est. Resettlement Needs

Est. Resettlement Capacity

Potential Group Submissions

Saudi Arabia, Qatar, Oman and Bahrain 70 70

Sudan 300 300 ***** Uganda 25 25

Eritrea Total 2275 1055

Ethiopia Djibouti 332 160

Egypt 100 100

Eritrea 150 100

Jordan 15 15

Kenya 500 500

Russian Federation 34 34

Somalia 300 300

South Africa 90 40

Sudan 150 150

Uganda 45 45

Yemen 600 400

Ethiopia Total 2316 1844

Equatorial Guinea Cameroon 20 20

Gabon 40 40

Equatorial Guinea Total 60 60

Ivory Coast Guinea 500 500

Indonesia 5 5

Mali 40 40

Senegal 25 25

Togo 75 75

Liberia 120 60

Ivory Coast Total 765 705

Liberia Ivory Coast 300 50

Gambia 50 50

Ghana 500 450

Guinea 350 350

Nigeria 100 100

Senegal 25 25

Sierra Leone 1000 450

Zimbabwe 3 3

Liberia Total 2328 1478

Mauritania Mali 65 65

Senegal 350 350

Mauritania Total 415 415

Rwanda Angola 10 10

Burundi 10 10

Cameroon 100 100

135

Country of Origin Country of Asylum Est. Resettlement Needs

Est. Resettlement Capacity

Potential Group Submissions

Central African Republic 100 100

DRC 30 --

Namibia 2 2

Senegal 57 57

South Africa 135 100

Tanzania 50 50

Uganda 120 120

Zimbabwe 100 25

Rwanda Total 714 574

Sierra Leone Liberia 100 80

Nigeria 50 50 Sierra Leone Total 150 130

Somalia Bangladesh 10 10

Djibouti 550 90

Egypt 300 300

Eritrea 300 150

Ethiopia 110 110

India 15 15

Indonesia 14 14

Jordan 30 30

Kenya 600 600 *****

Lebanon 70 52

Pakistan 20 20

Russian Federation 76 76

South Africa 90 40

Syria 250 250

Uganda 100 100

Yemen 640 100

Somalia Total 3175 1957

Sudan DRC 58 --

Egypt 500 500

Eritrea 50 50

Ethiopia 900 170 *****

Jordan 20 20

Kenya 250 250

Lebanon 155 114

Russian Federation 33 33

Syria 150 150

Uganda 310 310

Sudan Total 2426 1597

Togo Ghana 1500 500

Togo Total 1500 500

Zimbabwe South Africa 15 10

136

Country of Origin Country of Asylum Est. Resettlement Needs

Est. Resettlement Capacity

Potential Group Submissions

Zimbabwe Total 15 10

AFRICA TOTAL 25,899 14,823

T H E A M E R I C A S Colombia Aruba and Curazao 38 5

Costa Rica 600 525

Ecuador 980 630

Peru 31 5

Venezuela 161 90

Colombia Total 1810 1255

Cuba Aruba and Curazao 13 13

Cuba Total 13 13

Haiti Ecuador 10 10

Haiti Total 10 10

Peru Ecuador 10 10 Peru Total 10 10

AMERICAS TOTAL 1,843 1,288

A S I A Bhutan Nepal 100 100 *****

Bhutan Total 100 100

Brunei Indonesia 1 1

Brunei Total 1 1

Cambodia Thailand 100 80

Cambodia Total 100 80

China Kazakhstan 20 10

Kyrgyzstan 10 10

Thailand 50 30

China Total 80 50

Indonesia Malaysia 80 80

Indonesia Total 80 80

Laos Thailand 50 30

Laos Total 50 30

Maldives Sri Lanka 5 5

Maldives Total 5 5

Myanmar Bangladesh 400 400

137

Country of Origin Country of Asylum Est. Resettlement Needs

Est. Resettlement Capacity

Potential Group Submissions

India 150 150

Malaysia 1880 1880

Thailand 100 100 *****

Myanmar Total 2,530 2,530

Vietnam Cambodia 500 250

Indonesia 1 1

Vietnam Total 501 251

ASIA TOTAL 3,447 3,127

E U R O P E Armenia Turkmenistan 20 20

Armenia Total 20 20

Azerbaijan Armenia 20 20

Azerbaijan Total 20 20

Bosnia and Herzegovina Serbia and Montenegro 5 5

Bosnia and Herzegovina Total 5 5

Croatia Serbia and Montenegro 25 25

Croatia Total 25 25

Serbia and Montenegro (Kosovo) Albania 19 19

Serbia and Montenegro Bosnia and Herzegovina 140 140

Serbia and Montenegro Total 159 159

Russian Federation (Chechnya) Azerbaijan 600 600

Georgia 150 150

Kazakhstan 15 15

Kyrgyzstan 10 10

Ukraine 80 40 Russian Federation (Chechnya) Total 855 815

EUROPE TOTAL 1,084 1,044

C A S W A N A M E Afghanistan Azerbaijan 200 200

Belarus 30 30

India 300 300

Indonesia 23 23

Iran 1455 1164

Kazakhstan 100 20

Kyrgyzstan 20 20

Pakistan 710 710

Russian Federation 460 250

138

Country of Origin Country of Asylum Est. Resettlement Needs

Est. Resettlement Capacity

Potential Group Submissions

Syria 170 170

Tajikistan 100 100

Turkey 50 50

Turkmenistan 30 30

Uzbekistan 300 300

Afghanistan Total 3948 3367

Egypt Indonesia 3 3

Jordan 15 15

Egypt Total 18 18

Iran Albania 1 1

Azerbaijan 50 50

India 20 20

Indonesia 20 20

Jordan 306 306

Pakistan 90 90

Turkey 2000 2000

Iran Total 2487 2487

Iraq Albania 2 2

Azerbaijan 20 20

Indonesia 22 22

Iran 45 36

Jordan 1700 1700

Lebanon 1046 798

Pakistan 10 10

Russian Federation 177 0

Sri Lanka 7 7

Syria 300 300

Turkey 100 100

Iraq Total 3429 2995

Libya Jordan 5 5

Libya Total 5 5

Pakistan China 45 45

Sri Lanka 55 55

Pakistan Total 100 100

Saudi Arabia Jordan 10 10

Saudi Arabia Total 10 10

Syria Indonesia 2 2

Jordan 40 40

Syria Total 42 42

Yemen Jordan 10 10

139

Country of Origin Country of Asylum Est. Resettlement Needs

Est. Resettlement Capacity

Potential Group Submissions

Yemen Total 10 10

CASWANAME TOTAL 10,049 9,034

TOTAL IDENTIFIED CASELOADS 42,322 29,316

Particular Caseloads not Identified Various nationalities Benin 300 300

Various nationalities Burkina Faso 75 75

Various nationalities Cameroon 50 50

Various nationalities CAR 25 25

Urban various nationalities DRC 3 3

Urban various nationalities Ethiopia 120 120

Urban various nationalities Gabon 10 10

Urban various nationalities Gambia 52 52

Ghana 50 50

Guinea 150 150

Urban various nationalities Guinea Bissau 20 20

Indian Oceans Islands 10 10

Urban various nationalities Ivory Coast 20 ---

Various nationalities Kenya 700 700

Various nationalities Malawi 570 250

Various nationalities Mozambique 1050 1050

Urban various nationalities Niger 25 25

Nigeria 90 90

Various nationalities ROC 100 100

Urban various nationalities Senegal 16 16

South Africa 5 5

Swaziland 10 10

Urban various nationalities Rwanda 600 100

Various nationalities Tanzania 200 200

Single Colombians and Peruvians Argentina, Bolivia, Chile, Uruguay, Paraguay 10 10

Mandate refugees of diverse nationalities Cuba 55 55

Urban various nationalities Mexico, Guatemala, Honduras, El Salvador, Nicaragua and Belize 15 15

Urban various nationalities Venezuela, Aruba, Curazao 57 17

Various nationalities Cambodia 10 10

Various nationalities China 35 35

Various nationalities Hong Kong, Macau SAR 206 206

Various nationalities India 15 15

Various nationalities Mongolia 2 2

Various nationalities Malaysia 40 40 Various nationalities Nepal 100 100 Various nationalities Thailand 325 325

140

Country of Origin Country of Asylum Est. Resettlement Needs

Est. Resettlement Capacity

Potential Group Submissions

Various nationalities Azerbaijan 30 30

Various nationalities Belarus 10 10

Various nationalities Bosnia and Herzegovina 10 10

Croatia 15 15 Kosovars, Serbians and other nationalities

Former Yugoslav Republic of Macedonia (fyROM) 35 35

African (French speaking) Russian Federation 60 40

CIS countries Russian Federation 30 30 Third country nationals of various nationalities Serbia and Montenegro 25 25

African of various nationalities Turkey 150 150

Asian of various nationalities Turkey 50 50

African of various nationalities Ukraine 160 80

Asian of various nationalities Ukraine 360 130

Various nationalities Egypt 100 100

Stateless Arabs (Bedouins) Jordan 15 15

Mixed Turkmen and Uzbeks Kazakhstan 10 10

Lebanon 50 40

Various nationalities Saudi Arabia, Qatar, Oman and Bahrain 20 20

Various nationalities Syria 60 60

Various nationalities Turkmenistan 5 5

TOTAL Non-IDENTIFIED CASELOADS 6,316 5,096

Grand Total 48,638 34,412 *Figures of total caseloads by “Country of Origin” do not necessarily correspond exactly to figures of caseloads by “Country of Asylum” due to categories of resettlement needs and capacity not specified by caseloads. This table represents those caseloads which were identified by the Field Office and represent estimates only.