Agenda item 105: Report of the United Nations High Commissioner for Refugees: 
Questions relating to refugees and displaced persons and humanitarian questions 

Statement by Mr. R. Margabandhu, M.P. on November 12, 1998 
_____________________________________________________________________________

Mr. Chairman, 

My delegation would like to begin by congratulating Mrs. Sadako Ogata on her
re-election as High Commissioner by the General Assembly and thanking her for
her report as well as introductory statement of yesterday. 

Several new challenges have confronted UNHCR in the year since we last met. The
overall number of refugees and other persons of concern has marginally come
down, but circumstances have probably never been more difficult for the world's
refugees. 

Conflicts persist in many parts of the world and refugees seeking asylum face
uncertain environments in many host countries. Repatriation, on the other hand,
has been increasingly taking place in situations where returnees have reason to
fear for their security or to societies which are so devastated by war and conflict
that economic security remains a mirage. Human rights violations, unlawful
expulsions, physical attacks etc. continue to characterize the life of refugees in
many parts of the world. As mentioned in the report of the High Commissioner for
Refugees (A/53/12) the potential for large scale displacement remains ever
present in several regions of the world. At the same time, humanitarian agencies
are often left to handle complex humanitarian problems alone without the
political will and support essential for their success and aid workers are frequently
trapped between concern for the protection of refugees and their own
vulnerability. 

The refugee crises of the nineties have been described as ‘scattered emergencies'
- complex, small in size and with limited international visibility. As pointed out by
the High Commissioner in her statement, this has often resulted in retarding and
sometimes even blocking of solutions to refugee problems. [Mobilizing the
requisite political and financial support for dealing with these emergencies has
also consequently become extremely difficult. Globalization too has significantly
impacted on traditional migratory movements.] Today, mixed flows of persons
seeking economic betterment along with refugees both amongst developing
countries as well as from the developing world to the developed has further
complicated the situation. Mr. Chairman, despite the fact that such flows are
much larger in the developing world, attempts are being increasingly made to
divert the focus of the refugee agenda from finding durable solutions to long
standing refugee situations in some of the poorest parts of the world to one of
reducing inflows of non- refugees into the more prosperous parts of the world. 

Moreover, after an initial phase of diversion of aid from long term development
to humanitarian emergencies, resources for humanitarian activities including
refugee protection are also on the decline. In fact, there is serious cause to
wonder whether some of the debates in the Executive Committee of UNHCR and
the disappointing response to many of UNHCR's pleas for increased support and
assistance do not reflect a shift in priority to relieving donors of their financial
burden as soon as possible rather than ensuring the best interests of the refugees
or alleviating the burden that has been placed on the host developing countries. 
Furthermore, growing challenges to the legal and ethical foundations of the
international refugee regime in developed countries have raised fears of a ‘chain
reaction' which might lead developing countries with far more pressing economic
problems and much larger refugee populations to step back from their traditional
hospitality and receptiveness towards refugees. 

Mr. Chairman, in the above context, the choice of ‘International solidarity and
burden sharing' as the main theme of the recently concluded 49th plenary session
of the UNHCR EXCOM was most timely. My delegation is firmly of the view that the
key to the rejuvenation of the international refugee regime lies in a rededication
by the international community to the principles of ‘International solidarity and
burden-sharing'. Burden sharing is fundamental as well as integral to refugee
protection and the UNHCR itself is one of the best examples of this concept in
practice. The origins of international solidarity and burden sharing lie within the
UN Charter itself which mandates cooperation for solving international problems
of a humanitarian character. The preamble to the 1951 Convention on Refugees
also states in no uncertain terms that the grant of asylum may place unduly heavy
burdens on certain countries, and that a satisfactory solution of a problem of
which the United Nations has recognized the international scope and nature
cannot be achieved without international cooperation. Burden sharing, Mr.
Chairman, is not merely about resources. It also includes a protection element
and implies that developed countries have to accept their responsibilities under
international refugee law and refrain from unilateral practices and derogations
that can contribute to a complete collapse of the international regime. 

Today, neither the duty to receive refugees nor the real costs associated with
their arrival are fairly apportioned across the world. Distribution of State
responsibility is based on accidents of geography and the relative ability to States
to control their borders. The entire system survives tenuously on undependable
funding and vague promises of cooperation. A large number of developing
countries engaged in a desperate struggle to provide their own citizens with the
basic necessities of life find themselves crippled by the enormous burden that
mass exoduses impose on them. 

Till date, the international response to refugee crises has been mostly on an ‘ad
hoc' basis. We believe that as in the case of all other UN activities, we must pave
the way for equitable and consistent responses to all refugee situations in all parts
of the world. Developing countries who put at risk their fragile environment,
economy and social fabric to provide refuge to millions are in reality the largest
‘donors' to the refugee cause. The international community must recognize the
immense contribution made by these countries and move their concerns to the
forefront of the refugee agenda. It is also essential that the economic and social
impact of massive refugee populations on host developing countries be
systematically assessed and measures to minimize their impact be identified. Mr.
Chairman, we believe that UNHCR must take the lead in this. We note with
appreciation the High Commissioner's acknowledgment that despite its limited
means, UNHCR can assist in trying to improve the sharing of responsibilities
towards refugees and look forward to further action. We also welcome her call for
more help to countries hosting large numbers of refugees shoulder their
responsibilities. 

Simultaneously, Mr. Chairman, ways and means have to be also found to address
the needs of societies which produce the vast majority of refugees. Concerted and
coordinated action is required to address problems in countries of origin through
assistance to returnees and for the people of the country itself, so as to enable
them absorb the return. Special attention needs to be given to capacity-building
for the purpose of promoting long term development and growth, concerted
action for the prevention of natural disasters and for establishing the rule of law in
these countries. The problem of refugees must be seen in the larger
socio-economic context in which it occurs and in the light of some of the basic
causes which are responsible for generating mass displacements, particularly
extreme poverty and lack of adequate resources for economic and social
development. It must be recognized that prevention of humanitarian crises
through investment in long term development in countries of origin is the most
cost- effective approach available to the international community. 

Mr. Chairman, we believe clarity must be brought to UNHCR's critical role in
returnee reintegration activities. Refugees cannot just be dumped across borders
and abandoned to their own fate. They have to be anchored safely in their country
of origin in both political and economic terms. Stabilizing returnees in the phase
immediately following large repatriation movements will have a preventive value
in avoiding further displacement and at the same time will contribute to
post-conflict reconstruction as well as reconciliation of divided communities. As
pointed out by the High Commissioner, the gap between humanitarian and
development assistance remains a matter of concern and must be bridged through
the establishment of appropriate linkages. 

While it is true that development work does not form part of UNHCR's mandate,
we should keep in mind the fact that at a time when development assistance has
shrunk to historic levels and development agencies are cutting back their
operations, even the limited contribution that UNHCR can make to reintegration
may prove valuable. If refugees return home and find no infrastructure or support
for their efforts to re-build their lives, they will only leave the country once again
and give rise to a self-perpetuating cycle of mass displacement. 

Mr. Chairman, we have heard it being argued that there is an imbalance and a tilt
in UNHCR's activities in favour of material assistance programmes to the detriment
of its protection mandate. In our view, the inseparable and mutually supportive
character of refugee protection and assistance are self evident, especially at a
time when the international community has through the Vienna Declaration and
Programme of Action accepted a holistic vision of human rights. Assistance to
meet the economic needs of refugees through the provision of food and shelter is
as important as protecting their lives and assuring them asylum and to consider
protection and assistance as two separate spheres of work is nothing but an
artificial distinction. 

Along with international solidarity and burden sharing and the need to address
root causes, an element basic to the strengthening of the international refugee
regime is a re- dedication by all States to the human rights of refugees and asylum
seekers. It is a matter of deep disappointment that as the world celebrates the
50th anniversary of the Universal Declaration on Human Rights, commitment to
Article 14 which enshrines for all the right to seek and enjoy asylum is being
undermined by some of the very nations who drafted the Declaration. While
tremendous progress has been made in the last 50 years in enlarging and expanding
respect for human rights, refugee law and protection appear to be moving in the
opposite direction. A wave of restrictive practices is today sweeping across the
most prosperous parts of the world and traditional generosity and openness
towards refugees is being replaced by approaches based on partial solutions and
diminished regard for the welfare of refugees. 

All societies have a natural inclination to preserve their own prosperity.
However, building walls to shut out refugees and violating the rights of refugees
and asylum seekers is not the right solution. Despite all the difficulties developing
countries are confronted with in their attempts to meet the basic needs of their
own people, the large majority of them have not shut their doors to those in their
neighbourhood seeking refuge. It is important, Mr. Chairman, that their faith in
humanitarianism and the principles of refugee protection are not compromised by
efforts aimed at eroding the principles of refugee protection in other parts of the
world. 

The international community must correct all trends that hinder refugee
protection and seek to transfer the burden on to other regions of the world.
Political will must be marshalled by States to live up to their commitments and to
put in place systems that do not undermine the integrity of the institution of
asylum and treat asylum seekers as commodities that can be shipped from country
to country. It is also imperative that such States initiate activities which
disseminate the values of tolerance, multi-culturalism and pluralism and raise
public awareness against the growing phenomenon of intolerance, xenophobia and
bigotry, which unfortunately impact on hapless refugees. 


Mr. Chairman, we have heard several exhortations from States for increased
adherence to the 1951 Convention. May I add in the above regard that the most
appropriate way for these States to promote this goal would be by setting an
example through the implementation of the Convention in letter and spirit and by
demonstrating their commitment to the rights of refugees and asylum seekers. An
environment in which countries which took the lead in establishing the 1951
convention are seen as detracting from its provisions and challenging some of its
fundamental assumptions is most unlikely to encourage others to sign and ratify
the convention. 

In concluding, let me reaffirm that humanitarianism like human rights is a
universal responsibility. We must find global solutions for global problems and
eschew partial solutions which undermine the international character of the
refugee regime. An open, transparent, multilateral and global process alone will
provide the best means of ensuring the right balance between the minimum
protection refugees must enjoy and the legitimate concerns of States. The
diversity of problems that we face indicate that we must be creative in seeking
solutions and the solutions we evolve must be based on a universal spirit and
shared effort. 

Mr. Chairman, India is a country which has since its birth hosted millions of
refugees including the largest ever refugee movement in modern times - the
displacement in 1971 of over 10 million refugees from what is today Bangladesh.
Even now, it hosts around 300,000 refugees, the largest case load in the Asia
Pacific region. Our openness towards refugees comes from a historic commitment
towards humanitarianism. Our protection regime is based on the fundamental
rights guaranteed by the Indian Constitution - particularly its articles on the right
to life, the right to personal liberty and the right to freedom of religion and belief.
Despite the fact that many of the refugees we host have been in India for decades,
we have sought to fulfill our responsibilities towards them from entirely within our
own resources. 

We take this opportunity to pay tribute to the High Commissioner and her staff,
for the courage and dedication with which they have pursued their important
humanitarian mandate of protection of refugees, often, at great risk to
themselves. We would like to express concern over the continued captivity of Mr.
Vincent Cochetal, one of UNHCR's staff members and appeal for his immediate
release. 

The achievements of the UNHCR, in spite of these difficulties deserve to be
acknowledged and recognized. We strongly commend the High Commissioner and
her staff for the achievements of the past year and pledge our full support in their
continued humanitarian endeavour. We are confident that under Madame Ogata's
dynamic leadership, UNHCR will continue to face its challenges effectively and
with the high levels of professionalism that we have come to expect of it. 



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