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UNHCR Resettlement Handbook Acknowledgments

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UNHCR Resettlement Handbook Acknowledgments UNHCR Resettlement Handbook Acknowledgments This revised UNHCR Resettlement Handbook is the product of close consultation and collaboration among UNHCR staff and resettlement partners. The Division of International Protection (DIP) particularly wishes to thank the many colleagues and partners around the world who contributed to the Handbook revision process, and provided input and feedback on the drafts. This revision has been made possible thanks to the support of the Canadian Consultant Management Initiative. Using this Handbook The UNHCR Resettlement Handbook offers resettlement management and policy guidance to UNHCR staff, and is a key reference tool on global resettlement policy and practice for resettlement countries, NGOs and other partners. This revision of the Resettlement Handbook incorporates updates to UNHCR policy and practice since the release of the 2004 edition of the Handbook. The previous annexes are replaced by website hyperlinks to reference documents, some of which are internal documents accessible only to UNHCR staff. Resettlement States have described their policies and programmes in individual Country Chapters which are an integral part of this Handbook. As these Country Chapters are subject to frequent changes, they are not included in the printed Handbook, but are available online at http://www.unhcr.org/ resettlementhandbook. © 2011, United Nations High Commissioner for Refugees Any part of the UNHCR Resettlement Handbook may be reproduced, translated into other languages or adapted to meet local needs without the prior permission of UNHCR, provided that all parts are distributed free of charge and UNHCR is acknowledged. Please send copies of any adaptation or translation into other languages to: Resettlement Service, Division of International Protection United Nations High Commissioner for Refugees 94, rue de Montbrillant 1202 Geneva, Switzerland www.unhcr.org UNHCR Resettlement Handbook Division of International Protection Geneva Revised edition July 2011 CONTENTS FOREWORD 1 PREFACE 3 1.RESETTLEMENTWITHINUNHCR’sMANDATE:INTERNATIONAL PROTECTIONANDTHESEARCHFORDURABLESOLUTIONS 9 1.1 International Legal Framework 11 1.2 Persons of Concern to UNHCR 18 1.3 The Three Durable Solutions 28 2.E TH EVOLUTIONOFRESETTLEMENT 45 2.1 The History of Resettlement 47 2.2 Enhancing the Use of Resettlement 54 2.3 Strengthening Global Management of Resettlement in UNHCR 61 2.4 Further Expanding the Resettlement Base 65 2.5 Current Resettlement Environment and Challenges 67 3.REFUGEESTATUSANDRESETTLEMENT 73 3.1 Refugee Status as a Precondition for Resettlement Consideration 75 3.2 Who is a Refugee? Refugee Status Determination under UNHCR’s Mandate 80 3.3 The Refugee Definition of the 1951 Convention 82 3.4 Eligibility under the Broader Refugee Definition 88 3.5 Exclusion from Refugee Status under International Refugee Law 89 3.6 Special Considerations 96 3.7 Exclusion and Resettlement 101 3.8 Recognizing a Quality RSD Assessment 103 4.MANAGINGRESETTLEMENTEFFECTIVELY 109 4.1 Resettlement Management and Coordination 112 4.2 Safeguards in the Resettlement Process 120 4.3 Standard Operating Procedures (SOPs) 125 4.4 Combating Fraud and Corruption in the Resettlement Process 127 4.5 Managing Resettlement Expectations within the Refugee Population 141 4.6 Security Measures 147 4.7 UNHCR Records Management 151 4.8 The Importance of Ongoing Resettlement Training 159 4.9 Resettlement Statistics and Data 164 4.10 Managing Stress in a Resettlement Operation 166 5.PROTECTIONCONSIDERATIONS,ANDTHEIDENTIFICATION OFRESETTLEMENTNEEDS 171 5.1 Key Protection Considerations in the Identification Process 173 5.2 Specific Protection Needs and Potential Vulnerabilities 182 5.3 Specific Protection Risks and Considerations 202 5.4 The Process for Identifying Resettlement Needs 215 5.5 Tools and Methodologies to Assist with Identification of Needs 219 5.6 Referral of Individual Cases for Resettlement Consideration 228 5.7 Identifying Groups in Need of Resettlement 233 5.8 Challenges in Identification 239 6.UNHCRRESETTLEMENTSUBMISSIONCATEGORIES 243 6.1 Basic Considerations 245 6.2 Legal and/or Physical Protection Needs 247 6.3 Survivors of Violence and/or Torture 250 6.4 Medical Needs 256 6.5 Women and Girls at Risk 261 6.6 Family Reunification 269 6.7 Children and Adolescents at Risk 283 6.8 Lack of Foreseeable Alternative Durable Solutions 287 7.BASICPROCEDURESTOFOLLOWINPROCESSINGRESETTLEMENT SUBMISSIONS 299 7.1 Safeguards in the Processing of Resettlement Submissions 302 7.2 Case Verification and Assessment 304 7.3 Conducting Interviews 312 7.4 Case Composition 330 7.5 Preparation of a Resettlement Registration Form (RRF) 335 7.6 UNHCR Submission 353 7.7 State Selection 361 7.8 Withdrawal 369 7.9 Resubmission 370 7.10 The Importance of Counselling throughout the Process 374 7.11 Pre-departure Arrangements and Monitoring 376 8.PARTNERSHIP,LIAISONANDMEDIARELATIONS 383 8.1 Resettlement Partnerships 385 8.2 Partners 386 8.3 Deployment Programmes 390 8.4 Partnerships along the Resettlement Continuum 391 8.5 Advocacy and Liaison 395 8.6 Media Relations 397 ACRONYMS 403 GLOSSARY 407 FOREWORD FOREWORD FOREWORD Since the Resettlement Handbook was produced in 1996, it has been used by hundreds of UNHCR staff and partners to help hundreds of thousands of refugees start new lives in new countries. It is an indispensable tool for an indispensable solution. Indeed, as the resilience of conflict causes voluntary repatriation opportunities to remain mired in two-decade lows, and with countries heavily burdened by hosting large numbers of refugees reluctant to expand possibilities for local integration, resettlement has grown even more vital as a durable solution. At the same time it continues to serve its longstanding role as a mechanism for protecting individuals. It does so by removing particular individuals from situations of risk, but also by demonstrating the availability of a solution without which refugees may undertake highly precarious journeys to find safety and opportunity. Resettlement is a partnership activity. Without the generosity, commitment and expertise of States, NGOs and others, it could not take place. Similarly, this comprehensive revision of the Resettlement Handbook, the first since 2004, has only been possible through consultations and collaboration with a wide range of stakeholders. As the reference text for UNHCR’s resettlement work, we have made a special effort to update the Resettlement Handbook to reflect the changing nature of displacement (to urban and other non-camp settings) and the importance of using resettlement strategically. The Handbook sets out standardized methodologies for identifying resettlement needs and expediting resettlement processing, including the use of Emergency Transit Facilities. It provides a wide sampling of relevant soft law, such as Excom Conclusions on Women and Girls at Risk, Children at Risk, Refugees with Disabilities and Protracted Refugee Situations. It sets out much more fully the specific needs of vulnerable groups and reinforces the centrality of age, gender and diversity appropriate approaches to all UNHCR’s resettlement and protection efforts. Additional emphasis is also placed on preserving the integrity of the resettlement process and anti-fraud procedures. While the number of States with ongoing resettlement programmes has risen to 25, the number of places available is still significantly outstripped by refugees in need of them. The Handbook includes helpful advocacy information for practitioners and supporters seeking to expand the number of resettlement opportunities. On this and virtually every other issue relevant to resettlement, the Handbook provides good practice guidance. Nothing makes a more compelling case for resettlement than seeing it done right. I am very proud of this Handbook. With it, and your continuing commitment, I am confident hundreds of thousands more refugees will begin new lives through resettlement. António Guterres United Nations High Commissioner for Refugees 1 PREFACE PREFACE Introducing resettlement PREFACE INTRODUCINGRESETTLEMENT Definition Resettlement involves the selection and transfer of refugees from a State in which they have sought protection to a third State which has agreed to admit them – as refugees – with permanent residence status. The status provided ensures protection against refoulement and provides a resettled refugee and his/her family or dependants with access to rights similar to those enjoyed by nationals. Resettlement also carries with it the opportunity to eventually become a naturalized citizen of the resettlement country. Functions Resettlement serves three equally important functions. First, it is a tool to provide international protection and meet the specific needs of individual refugees whose life, liberty, safety, health or other fundamental rights are at risk in the country where they have sought refuge. Second, it is a durable solution for larger numbers or groups of refugees, alongside the other durable solutions of voluntary repatriation and local integration. Third, it can be a tangible expression of international solidarity and a responsibility sharing mechanism, allowing States to help share responsibility for refugee protection, and reduce problems impacting the country of asylum. Resettlement within UNHCR’s mandate The Office of the United Nations High Commissioner for Refugees (UNHCR) was established on 1 January 1951 by UN General Assembly Resolution 319 (IV).1 UNHCR’s work is humanitarian, social
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