• Problems that May Originate in the Country of Origin<
• Problems that May Originate in the Country of Refuge<
• Problems that May be Posed by Members of the Refugee Community<
• Problems that May be Posed by the Local Population<
• Problems that May be Posed by Bandits or Warring Factions<
• Problems that May be Posed by Inappropriate or Inadequate Protection and Assistance Measures<

<Problems that May Originate in the Country of Origin

Authorities, or other groups, in the country of origin may stage cross-border attacks on refugee settlements.

* Response: Refugee settlements should always be located away from the border; authorities in the country of refuge should increase the military presence at the border; and diplomatic efforts, including international condemnation, if necessary, should be made to try to stop the attacks.

Sometimes, the country of origin will try to infiltrate refugee settlements in order to foment conflict with local populations and, by doing so, turn public and official opinion in the country of refuge against the refugees.

* Response: If the refugee community is well-organised, these schemes are discovered early and foiled. It is therefore essential to support the social structure of the refugee community and to be alert to the presence of possible infiltrators and aware of any unusual disturbances between members of the refugee community and members of the local population.

Authorities of the country of origin may try to pressure officials of the country of refuge to expel or extradite certain refugees, usually high-profile civil or military leaders who are often charged with acts of terrorism, murder, or treason. Though the accusations are seldom substantiated, they can be used to extradite the individual to the country of origin.

* Response: Individuals who may be targeted for extradition under these circumstances should be identified early and provided appropriate protection, such as special surveillance and relocation away from the border or, when necessary, resettlement to a third country. Some of these people, however, may fit the definition of those who do not deserve international protection as refugees under the exclusion clauses of the Refugee Convention. If there is some suspicion that a person threatened with expulsion may be excludable from international protection, staff of human rights NGOs or of UNHCR should be contacted.

TOP<

<Problems that May Originate in the Country of Refuge

It is the State's responsibility to protect refugees. However, some States may choose not to for political or other reasons.

Protection problems that arise in a country of refuge may also be the result of inexperience or the abuse of power by officials or others who are responsible for dealing with refugees.

In these instances, the physical safety of refugees can be threatened by rights violations, such as refoulement (the forced return to the country of origin), detention or excessive use of force; or sexual violence.

The well-being of refugees may also be jeopardised by discriminatory practices in the distribution of food and other assistance, or by the abuse of the distribution system by those controlling the supply of food and other basic necessities. For example, local officials or refugee leaders selected to distribute these essential goods may demand payment of money, enrollment in a paramilitary force or sexual favours in exchange for these items.

* Response: Encourage the refugee community to organise itself and involve the community in all aspects of administering the refugee settlement. Organise frequent meetings among local authorities, NGOs, UNHCR and representatives of the refugee community to learn of particular problems identified by the refugees and discuss ways to respond to them. Establish a committee, composed of representatives of the refugee community, including women, local officials, UNHCR and NGOs, to organise and supervise the distribution of food and other basic supplies to prevent abuse of the distribution system.

TOP<

<Problems that May be Posed by Members of the Refugee Community

A refugee community, like any other community, is composed of individuals and is thus susceptible to internal discord.

Minor disturbances are not unusual, given the difficult living conditions in a large camp or settlement. On occasion, camps and settlements can be riven by more serious conflicts.

A single camp may house different ethnic groups that had previously lived in separate areas or that fought against each other in their country of origin.

Ethnic conflict may arise, either as a continuation of the conflict that caused the refugees' flight or because the proximity imposed by camp conditions has resulted in a volatile mix of ethnic groups.

There may also be resentment towards certain minority groups, especially if those groups are associated with the forces of persecution in the country of origin.

Refugee leaders-or refugees who proclaim themselves to be leaders of the refugee community-may sometimes exert excessive pressure on the rest of the community. They may, for example, refuse to allow the camp or settlement to be moved further away from a border, particularly if they want to use the camp as both a base and a shield in order to continue hostilities. In doing so, they expose the refugee population to the risk of military attacks, and they expose refugee children to the possibility of being forcibly recruited as soldiers. They may also try to prevent fellow refugees from returning home for their own political reasons.

The presence of armed people in the refugee camps poses obvious problems. Not only can they threaten other refugees-and aid workers-individually, but their very presence threatens the entire system of refugee protection. In order to protect the majority of innocent civilians, those who are armed, and are perhaps members of a formal army or a militia, must be separated from the civilians. Since neither UN agencies nor NGOs have the means to accomplish such a politically and logistically difficult task, it is up to the States involved, or, if necessary, a concerted action by the international community, to do so.

Some refugees may engage in criminal activity since traditional means of imposing law and order have broken down.

* Response: Promote dialogue between opposing refugee groups to resolve tensions and conflict. Mobilise the refugees to take responsibility for and assist in maintaining law and order within their settlements. Ensure that all refugees respect the exclusively civilian and humanitarian character of their settlements. Insist with refugee leaders that refugee children are not recruited into military service. Criminals should be prosecuted according to local legal procedures.

TOP<

<Problems that May be Posed by the Local Population

In many refugee emergencies, the local population plays an important role in meeting the needs of refugees. The food and shelter offered by local populations in border areas save many lives. Sometimes, the local population is instrumental in finding temporary solutions to the refugees' problems by helping the refugees settle within their community.

However, when large numbers of refugees arrive in an area, the local population may show great hostility to their new neighbours. There may, in fact, be a history of problems with the refugees, either because there were previous conflicts over land or water rights when the refugees were in their country of origin, or because the local population and the refugees belong to different and opposing ethnic groups.

Large refugee settlements make huge demands on available, and often scarce, resources. As a result, prices of basic commodities may rise. Sometimes, the environment can suffer great damage. Local forests may be slowly destroyed as they are cut down to provide fuel and firewood; natural water resources may become polluted or depleted or both. It is important both to consider the environmental impact of large settlements and to incorporate projects within assistance programmes that will help alleviate the negative impact of these settlements.

Assistance provided to the refugees may cause resentment among local communities. Local populations may feel neglected when refugee communities receive services and goods which they, themselves, may lack. It is therefore essential to provide activities-such as improving water sources and delivery, health facilities and roads-that benefit local populations as well as the refugee settlements.

The sudden presence of large numbers of people can also result in social tensions. Ethnic, cultural and political differences may be magnified by the uncertainty of the refugee situation. Suspicion and ignorance may give way to open hostility. Confidence-building and reconciliation programmes should be launched as soon as possible.

* Response: Arrange for regular meetings between representatives of the refugees and the leaders and elders of the local community to foster dialogue, identify problems and resolve conflicts. Sensitise the local population to the plight of the refugees. Inform the refugees of the importance of respecting existing local customs and religious and cultural traditions.

TOP<

<Problems that May be Posed by Bandits or Warring Factions

Refugees arriving in remote areas are vulnerable to attack by bandits and criminals. They are particularly at risk because they are known to have fled carrying only their most precious possessions, and they often travel alone or in small groups, unarmed, and in areas in which there is no effective law enforcement. Refugees living in larger settlements may be subject to attacks by bandits involving theft, looting and physical assaults, including rape and murder. Relief supplies and vehicles may be stolen or commandeered; relief workers may be attacked-some have been killed-by bandits.

* Response: Local authorities should vigorously investigate and prosecute perpetrators of serious crimes. When necessary, bolster security along supply routes.

TOP<

<Problems that May be Posed by Inappropriate or Inadequate Protection and Assistance Measures

Inappropriate or inadequate protection and assistance measures taken by well-intentioned relief workers can lead to protection problems.

* Response: Keep in mind the protection aspect of assistance when running programmes and delivering services.
Some elements key to the protection of refugees during asylum are:

• appropriate camp design and location;
• no discrimination in the delivery of food and services;
• compliance with basic standards of treatment;
• adequate response to refugees with special needs (such as women, children, the elderly and the ill).

During a large-scale influx of refugees, the country of refuge may not be able or willing to grant full economic, social and civil rights to refugees. For example, refugees may not be allowed freedom of movement, given the right to work or provided with an education.

* Response: Refer to the minimum standards of treatment as defined in the 1951 Refugee Convention and set forth in Conclusion 22 of UNHCR's Executive Committee (a Conclusion is a text based on the consensus of the States that comprise UNHCR's Executive Committee. Though not legally binding, Conclusions are widely regarded as essential to the development of refugee law). Among many other standards stipulated in Conclusion 22, the text asserts that

• refugees should enjoy fundamental civil rights, in particular, those, such as the right to life, liberty and security, recognised in the Universal Declaration of Human Rights;
• refugees should receive all necessary assistance and be provided with basic necessities of life, including food, shelter and basic sanitary and health facilities;
• there shall be no discrimination in the delivery of services;
• families should not be separated and all possible assistance should be given for tracing and reuniting relatives;
• children and unaccompanied minors should receive special protection;
• appropriate arrangements should be made for the registration of births, deaths and marriages.

Sometimes, UNHCR may not know that there are asylum seekers living dispersed in towns and cities or in more remote regions of a country.

* Response: NGOs in contact with these asylum seekers can help protect them by alerting UNHCR to their presence.

Dispersed refugees living with relatives or within a community of similar ethnic background may enjoy a certain level of support that ensures their rights are respected. But if a refugee or refugee family is living in a community whose ethnic or political background is different from their own, then protection becomes a more urgent concern.
It is then important to ask:

* how is the refugee treated by State authorities?
* how is the refugee treated by the local community?

The answers to these questions will determine how NGOs and UNHCR can and should intervene on the refugees' behalf.

Sometimes, the country of refuge has not ratified the 1951 Refugee Convention or other international treaties on refugees and has no formal system in place for protecting and assisting refugees. The immigration laws of some countries may require that people without legal status be deported.

* Response: In these cases, other international standards or national legislation may be relevant to help protect refugees. Often, UNHCR intervenes with the government and requests that recognised refugees be protected by being allowed to remain in the country of refuge until a durable solution is found.

There are times when refugees are not familiar with the language or culture of the community in which they live and/or the social support system in the country of refuge does not meet the refugees' needs.

* Response: In these cases, it is important that the refugees have access to programmes that help them adjust to life in the country of refuge. If the government of the country of refuge does not provide these kinds of services, then UNHCR and NGOs can step in. UNHCR and NGOs can also intervene with the State concerned to allow refugee children to attend local schools while they remain in the country of refuge. Medical NGOs can provide treatment and referrals to hospitals to refugees when States are not willing or able to do so. In short, when the country of refuge's social support system is inadequate, NGOs help meet refugees' needs.

TOP<