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RECENT DEVELOPMENTS . Other positive aspects of this law include its provision of alternative entry Under the provisions of the Amsterdam possibilities for legal immigration for non- Treaty on the development of common asylum-related purposes, thereby reducing policies on asylum and immigration in the the number of non-refugees who use the (EU), Member States asylum system for immigration purposes. adopted the third instrument in the series of planned Community measures: a Directive The advent of a restrictive asylum regime in which lays down minimum reception Denmark was of major concern for UNHCR. standards for asylum-seekers. UNHCR In a series of consultations between UNHCR followed the negotiations on this Directive, and the Danish authorities on the draft considering that the advent of adequate and legislation, the Office expressed its equitable reception conditions for asylum- preoccupation about certain aspects of the seekers across the EU might render the draft bill which portrayed immigrants in a operation of community standards in other negative light, thereby aggravating public areas of asylum more effective. Negotiations stereotyping of all immigrants, including were also stepped up on the proposed refugees and asylum-seekers. Directive on refugee status and subsidiary protection. A series of legislative and policy initiatives were introduced by the UK Government In the first part of 2002, the European during the first half of the year, as part of its Commission (EC) issued two modified efforts to revamp the asylum system. legislative proposals concerning family Numerous restrictive measures, aimed at reunion and asylum procedures. In both curtailing the rights of asylum-seekers, and cases, the real harmonisation drive appears effecting standards of treatment, were to have waned in the face of Member States’ included in the initiatives. A Home Office interests in maintaining their established White Paper spelled out a comprehensive set national legislation and policy priorities. of measures to improve the management of This trend, which risks undermining EU migration, nationality and asylum matters, plans for an asylum system based on high secure the UK borders and build trust and refugee protection standards, was not credibility in the system. However, the addressed by the Seville Summit of EU resulting legislation was more restrictive. Heads of State and Governments in June 2002. By June 2002, UNHCR had become involved in efforts to resolve the issue of the UNHCR welcomed the signature of the new Sangatte reception centre, between France German immigration law, which addresses and the UK. The problem was fuelled by UNHCR’s main concerns. It includes a extensive media coverage in both . provision to grant Convention status to Following expressions of interest, the High victims of non-state persecution; envisages Commissioner offered the good offices of considering gender-related persecution as UNHCR to assist both Governments in the sufficient ground for the grant of Convention search for a solution to the problem. refugee status; and provides for equal treatment for Convention refugees and The situation of specific refugee groups, persons recognised under the German such as Afghans and Iraqis in Europe, came UNHCR Mid-Year Progress Report 2002 - 214 under review during the reporting period. by a popular call for the tightening of Many countries in put on immigration policies, during the recent hold the status determination procedure for election season. The Europe-wide media Afghan applicants. With the gradual return focus on immigration issues continued to to relative stability under the transitional paint a very negative image of asylum- administration in Afghanistan, and the seekers and refugees, while the consensus to massive numbers of Afghans returning from adopt restrictive asylum measures made it neighbouring countries, UNHCR expressed difficult for UNHCR to elicit the sympathies support for the repatriation of Afghan of policy-makers and the population at large, nationals in Western Europe, who for the institution of asylum. voluntarily decide to return. EU Harmonisation Asylum applications registered in Western UNHCR continued its liaison and lobbying Europe during the first half of 2002 efforts with the European Institutions, increased by 3.1 per cent, to 183,892, provided expert advice on the developing compared to the same period in 2001. In common asylum system, and shared with the Norway and Sweden, applications rose Commission and Council its assessment of considerably, by 186.6 per cent and 67.5 per the developing asylum systems in applicant cent respectively, while they declined by countries. The Office also contributed 31.9 per cent in Denmark. Figures for the recommendations for discussions at the Netherlands and Belgium declined by 23 and Seville European Council and for the Danish 31 per cent respectively, while Switzerland Presidency of the European Union, saw an increase of 24.8 per cent. Austria, proposing ways in which the EU and the France, Germany, Portugal and the UK all Office could co-operate to develop a witnessed 10 per cent increases in asylum comprehensive European migration applications. Despite a significant decline management strategy that strengthens over last year’s figures, Iraq remained the refugee protection. leading of origin, followed by the Federal of Yugoslavia, and In a letter to the Spanish EU President of the Afghanistan. Seville Summit, UNHCR called for a further strengthening of the partnership between the PROGRESS TOWARD OBJECTIVES, EU and the Office, in order to find solutions AND CONSTRAINTS ENCOUNTERED for refugees caught up in the asylum/migration dilemma. UNHCR urged With the continued dominance of the EU Member States to adopt proactive asylum/migration debate in Western policies to deal with the migration problem European political and judicial discourse, at its roots and reiterated its readiness to UNHCR maintained its objectives of work with the EU to address these issues. improving and preserving the quality of The need for adequate funding in order to asylum in Europe, and increasing European deliver on commitments was also support for UNHCR and refugees underlined. worldwide. To this end, UNHCR pursued its engagement with the EU harmonisation of Access to Asylum Procedures and Reception asylum legislation to ensure conformity with As States continued to seek ways and means international standards, and to promote of curtailing the entry of irregular migrants, access to Western European territory for among them refugees and asylum-seekers, persons in need of international protection. UNHCR pursued its efforts to ensure that adequate safeguards for refugee protection Although some progress was made in are built into policy measures designed to advancing these objectives, the results were keep out illegal migrants. In Austria, largely mitigated by the rising tide of right- UNHCR carried out border monitoring wing anti-immigrant tendencies, accompanied missions combined with training for border

UNHCR Mid-Year Progress Report 2002 - 215 guards and officers inolved in initial asylum In Norway, the Directorate of Immigration status decisions. introduced the classification of asylum applications into three groups: manifestly The French authorities substantially unfounded claims, probably unfounded increased the number of officials claims and probably well-founded claims. interviewing asylum-seekers in the reception The first two categories go through an areas of the Charles de Gaulle airport. This accelerated procedure, while the third measure resulted in a substantial category follows normal procedures. acceleration of the process. Asylum-seekers UNHCR expressed concern over this form are now interviewed immediately after the of classification of asylum-seekers. application is lodged. Some NGOs were allowed to monitor the proceedings in the In the UK, although the authorities moved to reception areas, and it is hoped that this will improve conditions of detention and to end become common practice. the detention of asylum-seekers in prisons, during the same period a decision was made In Greece, recurrent problem areas included: to detain families in detention centres. The denial of access to the territory and to the decision by the UK Government to place asylum procedure; inadequate and more asylum-seekers in accommodation insufficient reception facilities for asylum- centres, mostly located in rural areas, seekers; poor detention conditions; and generated considerable controversy and inadequate subsistence support from the anxiety amongst local communities where State for destitute asylum-seekers. such centres are planned. Furthermore, the recent readmission agreement between Greece and Turkey Strengthening Asylum Systems raised concerns regarding the upholding of UNHCR lobbied the various asylum access to asylum procedures, and the instances to maintain high standards in the principle of non-refoulement on both sides different stages of the procedure, and of the border. In this regard, the Greek provided written statements in precedent- Government has reassured UNHCR that the setting cases. In Italy, UNHCR published a normative framework for refugee protection manual on the rights and obligations of is guaranteed by the 1951 Convention, to refugees, designed as a training tool and which it is a party. practical guide for government officials and local administrators assisting refugees and asylum-seekers. Based on the 1951 In Italy, the training of border police and Convention, the booklet provides a detailed other border control agents increased their overview of the relevant implementing awareness of the need to distinguish between norms at the national and regional levels. immigrants and asylum-seekers and the specific conditions and treatment applicable In Spain, UNHCR sensitised the authorities to the latter. It also helped improve the to consider the specific protection needs of capacity of NGOs to monitor admission separated children, to follow up on minors’ practices and intervene in cases involving asylum applications and to ensure that their stowaways and boat arrivals. Under the asylum claims are no longer frozen until National Asylum Programme (NAP), they become of age. The authorities recently developed with UNHCR, a system was set acknowledged the inadequacy of age up for receiving, assisting and protecting assessment techniques for minors, and are asylum-seekers, displaced persons and expected to take action on the subject in the refugees. Structures were also set up for near future. arranging integration or voluntary repatriation. UNHCR provided technical support for the Having included the concept of ‘best interest effective functioning of the NAP Secretariat of the child’ in its Aliens’ Act, Sweden and its network. continued to set high standards in its policy

UNHCR Mid-Year Progress Report 2002 - 216 and practice regarding asylum-seeking Copenhagen, and Helsinki. The Danish children, and to ensure the provision of legal version of the UNHCR Handbook on the and social guardians for such children. determination of refugee status was also Following reported problems facing launched in Denmark. separated children in reception centres, the new Minister of Immigration created a Refugee Day was also the occasion governmental committee in order to find for many UNHCR offices in the region to urgent solutions to proper accommodation celebrate the achievements of refugee and care for these children. UNHCR's views women and take stock of progress made in were sought and given to the Government implementing the High Commissioner’s five and agencies dealing with refugee children. commitments to refugee women. UNHCR Greece took initiatives to sensitise the public In the UK, UNHCR organised briefing about refugee women’s potential, including sessions for policy-makers on the reception the creation of the Greek Women’s Group of asylum-seekers in Europe, and hosted a and the signature of a co-operation meeting to discuss the viability of an agreement with the General Secretary for independent refugee board for the UK. Equality. UNHCR received an award in Training activities in dispersal areas honour of refugee mothers, from the continued in association with ILPA. In Foundation for the Child and Family. addition, a series of general training sessions UNHCR in Greece also launched an Internet dealing with issues of credibility of asylum website, including a page for on-line claims was launched with adjudicators of the contributions. Immigration Appellate Authority, and senior caseworkers with the Immigration and In France, UNHCR and the Strasbourg- Nationality Directorate. based International Institute for Human Rights (IIHR) jointly organised the fifth Public Opinion: Promotion and Advocacy summer course on refugee law, attended by UNHCR offices in the region organised or some fifty participants. In addition, a 500- participated in training events in the page collection of articles by francophone academic, judicial and administrative experts on refugee and asylum law was contexts, to enhance the image of the Office published in France. and consolidate its position among government and non-government interlocutors, as the Partnership and Networking reliable and authoritative source of UNHCR continued its participation in information and reference point for refugee- CIREA, the EU forum for exchange of related legal advice. Presentations and information and research on asylum policies lectures were delivered in universities, to and practices, regarding situations from NGOs and other groups. selected countries of origin. The Office entered into discussions with the On the occasion of World Refugee Day Commission regarding UNHCR’s co- 2002, UNHCR offices in Western Europe, in operation with a successor institution to collaboration with local partners and CIREA after 2002, to ensure UNHCR's authorities, carried out various activities input into policy dialogue and practical co- aimed at raising public awareness on asylum operation between Member States. and refugee matters and promoting the work of UNHCR worldwide. In Norway, the High In the Nordic States, the institutionalisation Commissioner presented the Nansen Award of the broad-based Nordic-Baltic Co-ordinating to the Norwegian Captain of MS Tampa. Committee has strengthened UNHCR’s Major media events were organised, existing partnerships in the region and also including a mock refugee camp in Oslo, and served to enhance support for UNHCR’s a special exhibition of refugee art, as well as programmes in the region and beyond. This lectures and panel debates in Stockholm, has in turn revived the PARinAC process,

UNHCR Mid-Year Progress Report 2002 - 217 which is a highly useful forum for co-operation substantial funding to various UNHCR between Governments, NGOs and UNHCR operations. In the Nordic countries, the in the Nordic countries. Regional Office intensified fund raising efforts, maintaining close contacts with UNHCR maintained its relations with the Nordic governments. For a second year, office of the Special Co-ordinator of the Statoil Norway signed an agreement Stability Pact for the , through the donating NOK 1 million to UNHCR’s secondment of two UNHCR staff members. operations worldwide.

In Austria, UNHCR co-ordinated the smooth ACTIVITIES UNTIL 30 JUNE 2002 and uninterrupted transition of its (Please refer to individual country chapters) collaboration with ACCORD (Austrian Centre for Country of Origin/Asylum OUTLOOK FOR JULY- DECEMBER Research and Documentation) to the 2002 Austrian Red Cross as its new implementing partner. UNHCR also continued its OSCE The Tampere European Council succeeded liaison work, attending and reporting on in mapping out the political space within formal and informal discussions of the which to set up a common package of OSCE Permanent Council (PC). Delegations minimum asylum legislation and policy to the PC as well as counterparts at the standards, by the Amsterdam Treaty’s 2004 OSCE Secretariat made increasing use of the deadline. However, the difficult public know-how and information offered by debate on immigration and asylum in Europe UNHCR. seems to overshadow the commitment to uphold the right to seek asylum. Across the In order to encourage greater involvement of continent, a growing backlash against the UK academic community in asylum- immigrants and asylum-seekers challenges related matters, UNHCR launched a the institution of asylum. The prevailing Postgraduate Network Project with the situation requires all governments Information Centre about Asylum and throughout Europe to develop and defend a Refugees (ICAR). The project is aimed at coherent asylum and migration agenda that identifying postgraduate students from a will safeguard the international refugee wide range of academic disciplines who are protection regime, while responding to conducting research on asylum and related legitimate concerns. issues at UK universities. In the context described above, UNHCR has Throughout Western Europe, UNHCR put forward a number of specific proposals offices have supported the work of the fund to the EU for such an agenda. These include: raising services at HQ to increase financial measures to restore the credibility of asylum contributions to the Office from systems, including effective systems for the governments and the private sector. In Italy, return of unsuccessful refugee applicants; a Pavarotti & Friends for Angola concert the implementation of integration policies was organised in May, featuring major for refugees and legal residents; addressing Italian and international pop stars alongside the root causes of population movements; Maestro Luciano Pavarotti and thirty developing the capacities of countries of first Angolan refugee children. The event raised asylum; appropriate measures to reduce over USD 2 million to finance projects for irregular movements of refugees and Angolan refugees. The High Commissioner asylum-seekers; achieving durable solutions used the occasion to appoint Mr. Giorgio to refugee problems; and enhancing public Armani, the Italian fashion designer, as debate and public information on asylum UNHCR’s new Goodwill Ambassador. For and migration. In the coming months, the fourth year in a row, topped the UNHCR will continue its discussion with list of UNHCR’s private donors, providing

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EU Governments on the implementation of procedure. Ireland is undertaking a these proposals and action plans. comprehensive amendment of its Refugee Act, and in Italy, the Government continued A number of Western European the review of a draft immigration law. governments, including France, Ireland, Norway is also in the process of reviewing Italy and Norway are planning to, or are in its Aliens Law and drafting a new legislation the process of revising asylum-related laws. on the refugee definition. UNHCR is closely The French Government announced its monitoring these activities, and will continue intention to reform the asylum regime in to provide position papers to the authorities France, with the aim of improving and concerned. expediting the refugee status determination

Financial Data (USD)

Country / Activity Annual Programme Budget Initial Budget Revised Budget Total Funds Obligation Level Available Austria 1,467,182 1,516,939 681,900 681,900 Belgium 2,165,510 2,277,183 1,068,390 1,068,300 France 1,764,967 1,843,289 771,075 771,075 Germany 1,797,050 1,812,814 868,420 868,420 Greece 1,002,659 1,048,107 505,486 505,190 Ireland 370,959 372,459 171,000 171,000 Italy 1,327,771 1,324,686 630,440 630,440 Malta 204,700 193,499 93,650 93,650 Netherlands 252,037 258,356 101,300 101,300 Portugal 104,600 104,600 50,740 50,630 Spain 845,351 853,390 408,240 408,240 Sweden 1,096,625 1,110,698 506,550 506,550 Switzerland 680,007 668,287 454,229 285,800 United Kingdom 1,218,488 1,238,411 586,840 586,840 TOTAL 14,297,906 14,622,718 6,898,260 6,729,335

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