1. REFUGEES AND IDPs IN THE MIDDLE EAST
4 June 2009
Samuel Cheung
Associate Protection Officer

2. Refugees and Forcible Displacement
Complex, pressing humanitarian challenge
One of the most vulnerable populations
11.4 million refugees and 26 million IDPs at the end of 2007
Challenges of instability, conflict and displacement
Protracted situations without durable solutions
Dangerous political and security situations

3. Overview
Refugees and IDPs: who are they and what are their common characteristics?
International obligations towards them: asylum and non-refoulement
Refugees and IDPs in the Middle East
Iraqi IDPs and refugees and Palestinian refugees
Protracted situations and lack of permanent solutions

4. “The worst thing was the sound of guns at night
“The worst thing was the sound of guns at night. You don’t know if your house is next. Here, I can sleep at night”.

5. Causes of Displacement
Political, Ethnic, Environmental, Economic Causes
Human Rights
Accumulation of human rights abuses producing mass exodus, e.g.Iraq, Bosnia, Myanmar, Guatemala.
Conflict-induced Displacement
Interstate conflict is not as prevalent today as 'internal' strife and civil war, particularly in Africa, with protracted crises and severe instability including those in Burundi, Colombia, Sri Lanka and northern Uganda.
Dominant trend is one of short-term, short-distance, repetitive dislocation rather than large-scale displacement into camps.
In Colombia, irregular armed groups have sought to control segments of the civilian population and prevent them from fleeing to safe areas so as to guarantee a supply of provisions and recruits. Such communities also provide cover for guerrillas, who effectively use them as human shields.

6. Refugee Definition A refugee is a person who is:
Outside country of his/her nationality
Has a well founded fear of persecution
For reasons of race, nationality, religion, membership of a particular social group, political opinion and
is unable or, owing to such fear, is unwilling to return to his/her country.
OAU Convention/Cartegena Declaration:
Refugees fleeing conflict and generalised violence

7. Refugee vs. Economic Migrant
Refugees - forced to leave individually their own countries or countries of habitual residence due to persecution
War Refugees / Victims of War - those who have been forced as a group to leave their own countries or habitual residence due to generalized violence, armed conflict
Economic Migrants - those who have moved from one place to another voluntarily for economic, social, or cultural reasons for their own convenience
Illegal Immigrants - those who are not citizen of the country of residence, who are unlawfully staying in the country of residence without valid immigration permit allowing the purpose of the stay in the country.

8. UNHCR Mandate “The United Nations High Commissioner for
Refugees, acting under the authority of the
General Assembly, shall assume the function of
providing international protection, under the
auspices of the United Nations, to refugees who
fall within the scope of the present Statute and of
seeking permanent solutions for the problem of
refugees…..”
(Annex to UN General Assembly resolution 428 (V) of 14 December 1951)

9. Internally Displaced Persons (IDPs)
No global mandate but authorised by UN General Assembly to be
involved under certain circumstances
1972 & 1993 UN General Assembly resolutions
UNHCR Policy Paper on IDPs, March 2000
Selection criteria for involvement:
request/authorisation from the Secretary General or competent principal organ of the UN;
consent of state;
assurance of access to IDP’s
resources and capacity
complementarity with other agencies
adequate staff security of UNHCR and implementing partners
Collaborative approach and UNHCR is cluster lead for protection

10. Mandate for IDPs Different legal framework from refugee protection
National responsibility remains for IDP’s
UNHCR’s role:
Monitor safety and welfare
Intervene with State and non-State actors to ensure respect for human rights and international humanitarian law
Limited by national sovereignty, insecurity, limited access, lack of funds

11. Historical Norm of Asylum
The notion of asylum is a remarkably constant feature of human history. Throughout the ages and in every part of the world, societies with very different cultures and value systems have recognized that they have an obligation to provide safety and support to strangers in distress.
In the twentieth century, this longstanding social convention was progressively incorporated into international law, culminating in the establishment of the 1951 Refugee Convention relating to the Status of Refugees and its 1967 Protocol.

12. 1951 Convention Cornerstone of International Refugee Law
Provides a definition of a refugee
Embodied the principle of “non-refoulement”
Lays out rights and obligations of refugees
Minimum standards of treatment of Refugees
Failure of States to protect basic needs and rights of their populations
Main responsibility lies with States

13. MANDATE
REFUGEES
PROTECTION
ACTIVITIES

14. Non-refoulement “No contracting state shall expel or return
(“refouler”) a refugee in any manner
whatsoever to the frontiers of territories
where his life or freedom would be
threatened on account of his race, religion,
nationality, membership of a particular social
group or political opinion.” (Article 33)
Customary Norm of International Law

15. UNHCR and Asylum Created by UN General Assembly in January 1951
One of the world's principal humanitarian organizations with more than 6,300 staff in 110 countries around the world helping more than 32.9 million people of concern.
During over half a century of work, UNHCR has provided assistance to more than 50 million people, earning two Nobel Peace Prizes in 1954 and 1981.

17. Global Population of Concern
By the end of 2007, the total population under UNHCR’s responsibility had dropped from 32.9
million in 2006 to 31.7 million, representing a decrease of 1.2 million people (-3%). While the global
refugee population and the number of IDPs protected and/or assisted by UNHCR has increased, the number
of stateless persons has almost halved compared to The number of IDPs who were able to return during the year was the highest in more than a decade.
MANDATE
REFUGEES
PROTECTION
ACTIVITIES

18. MANDATE
REFUGEES
PROTECTION
ACTIVITIES

19. Major Source Countries
MANDATE
REFUGEES
PROTECTION
ACTIVITIES

20. Refugees by Regions

21. Major Refugee Hosting Countries
MANDATE
REFUGEES
PROTECTION
ACTIVITIES

22. IDPs Worldwide

23. The Search for Solutions
Voluntary repatriation
Local integration
Resettlement

24. The Middle East
The Middle East hosts more refugees than any other region in the world
Displacement defining feature: Palestine but also other groups
Some 4.7 million refugees and IDPs from Iraq, 6 to 7 million Palestinian refugees and 3.1 million refugees from Afghanistan

25. Iraq: Refugees and IDPs
Forced displacement of Kurds, Shi’a and other minorities during Saddam Hussein
Post-Saddam, combination of intense and bloody sectarian violence, coalition military action and fighting among Shi’a militias and Mahdi army
Fastest growing displacement crisis in the world

26. Iraq: Refugees and IDPs
Some 15-20% of the Iraqi population remains displaced, or 4.7 million people
1 million in Syria
,000 in Jordan
400,000 in other countries
With stabilisation in Iraq slow, great challenge ensuring adequate treatment in host countries

27. Iraqis in Syria and Jordan
Lack of clear legal status places serious challenges to livelihoods, education and health
Without right to work, unable to support themselves and their families, and with depleted financial reserves, some have left to return to Iraq or move elsewhere
Education and health concerns
Jordan began to restrict entry

28. Iraq: Durable Solutions
Economic resentment despite “Arab solidarity”
Blamed for higher prices, housing, unemployment, inflation and crowded schools
Neither Jordan nor Syria has developed a plan to integrate Iraqi refugees.
Security situation in Iraq still uncertain and religious minorities unlikely to return

29. IDPs in Iraq 2.7 million IDPs remain in Iraq
Iraq government lacking the will, resources or skills to deal with the needs of the displaced and provide basic security and services
Sectarian induced violence and displacement
Displacement reflects deep-seated political divisions within the country

30. IDPs in Iraq
Urgent needs for shelter, food, medicine, clean water, employment and basic security.
The decrease in sectarian violence has reduced displacement but has not significantly improved conditions for the displaced.
Access to food rations, health care, property

31. Iraq IDPs: Durable Solutions
Radical sectarian Sunni and Shi'a groups filling the void left b government
National Policy to Address Displacement in 2008 needs implementation
International community assumes domestic situation will stabilise and IDPs return
Humanitarian agencies unable to deal with humanitarian crisis due to security threats

32. Palestinian Refugees
By far the most protracted and largest of all refugee problems in the world today
More Palestinians were displaced in the wake of the 1967 Arab-Israeli war and the 1982 Israeli invasion of Lebanon.
Some 6 to 7 million Palestinians are refugees or displaced persons.

33. Palestinian Refugees
Lack of both national and international protection
Most host states do not recognize or do not apply the full panoply of basic rights afforded to refugees
No international agency with an explicit mandate to systematically work for the realization of the basic human rights of Palestinian refugees and to search for and implement durable solutions.

34. Mandate for Palestinians
UNHCR's mandate does not extend to the majority of Palestinian refugees
UNRWA’s mandate evolved to focus on education, health, relief and social services
Required as long as the issues of statelessness, military occupation, economic marginalization and vulnerability are not addressed.
Palestinian status considered “unsettled” instead of stateless

35. Palestinians: Durable Solutions
Dissatisfied refugee community versus peace agreement
Improvements in the living conditions of camp refugees coupled with resettlement plans could dilute the intensity of the demand for return
Host countries bound by resolution to only grant temporary status
Compromise on the refugee question will be facilitated if core needs are met elsewhere.

36. CONCLUSION