Working With Refugees, Asylum Seekers and Others Affected by Population Movement

International Federation of Red Cross and Red Crescent Societies
Working with
Refugees, Asylum Seekers

and others affected by population movement
A guide for National Red Cross and Red Crescent Societies
Preliminary version
June 2005
2005 International Federation of Red Cross and Red Crescent Societies
Contents
PREFACE ................................................................................................................ 6
Acknowledgements ............................................................................................................................7 Disclaimer ............................................................................................................................................7
1 INTRODUCTION................................................................................................ 9
Structure ..............................................................................................................................................9 The basic approach ............................................................................................................................9
2 BACKGROUND ............................................................................................... 11
Who are we talking about? ..............................................................................................................11 What are the issues? ........................................................................................................................15
3 MOVEMENT LEGAL BASE FOR WORK WITH PEOPLE AFFECTED BY POPULATION MOVEMENT .................................................................................. 18
Resolutions adopted by the Movements statutory conferences ................................................18 Be ready to assist and to protect ....................................................................................................18 Assistance to people affected by population movement .............................................................19 Advocacy ...........................................................................................................................................22 Co-operation and agreements with other agencies ......................................................................24
4 THE LAW APPLYING TO THE MOVING AND DISPLACED.......................... 25

Four bodies of law providing protection for individuals ..............................................................25 National law .......................................................................................................................................25 International human rights law........................................................................................................26 International humanitarian law ........................................................................................................28 International refugee law..................................................................................................................31 Guiding Principles on Internal Displacement ................................................................................33
5 WHO DOES WHAT IN THE MOVEMENT ....................................................... 34

Special contribution of the Red Cross and Red Crescent Movement.........................................34
How the components of the Movement cooperate .......................................................................37 Movement networks on asylum and migration..............................................................................39
6 HOW DOES THE MOVEMENT RELATE TO OTHER ACTORS?................... 40

Other actors who they are and what they do..............................................................................40 Coordination......................................................................................................................................43 Limits to coordination ......................................................................................................................44 Donors and partnership arrangements ..........................................................................................44 Inter-agency initiatives .....................................................................................................................46
7 HOW IS THE BASIC APPROACH PUT INTO PRACTICE? ........................... 48

Listening to people ...........................................................................................................................48 Consulting people.............................................................................................................................50 Confidentiality ...................................................................................................................................50 Particularly vulnerable people .........................................................................................................51 Discrimination ...................................................................................................................................51 Advocacy ...........................................................................................................................................53
8 PREVENTION AND PREPARATION .............................................................. 56

Background .......................................................................................................................................56 Prevention..........................................................................................................................................56 Contingency planning ......................................................................................................................57
9 TRANSIT AND ARRIVAL OF PEOPLE........................................................... 60

Background .......................................................................................................................................60 Actions ...............................................................................................................................................61 Needs assessment............................................................................................................................65 Coping with large numbers of people ............................................................................................67 Cooperation .......................................................................................................................................68
10 CARE AND MAINTENANCE ......................................................................... 69

Background .......................................................................................................................................69 Minimise distortion ...........................................................................................................................70
Providing protection .........................................................................................................................70 Registration .......................................................................................................................................72 Food, water and housing .................................................................................................................74 Restoring family links.......................................................................................................................74 Health .................................................................................................................................................75 Education ...........................................................................................................................................75 Legal advice and counselling ..........................................................................................................76 Meaningful activities.........................................................................................................................78 Armed elements ................................................................................................................................79 Centres ...............................................................................................................................................80 Particularly vulnerable people .........................................................................................................81 Working towards solutions..............................................................................................................81 Advocacy ...........................................................................................................................................82
11 SOLUTIONS .................................................................................................. 83
Background .......................................................................................................................................83 Actions ...............................................................................................................................................83 Return.................................................................................................................................................85 Local settlement................................................................................................................................89 Resettlement......................................................................................................................................89
12 INTEGRATION............................................................................................... 91
Needs assessment............................................................................................................................93 Involvement .......................................................................................................................................94 Orientation and capacity building ...................................................................................................94 Advocacy ...........................................................................................................................................97 Cooperation .......................................................................................................................................97
13 DETENTION................................................................................................... 99
General considerations ....................................................................................................................99 Movement activities in connection with detention and forced return.......................................102
14 HUMAN SMUGGLING AND TRAFFICKING ............................................... 105

General considerations ..................................................................................................................105 Movement activities in connection with irregular migration and human trafficking ...........107
15 PERSONAL BEHAVIOUR ........................................................................... 111

Background .....................................................................................................................................111 Respect for people..........................................................................................................................111 Respect for the host community ...................................................................................................113 Respect for cultures .......................................................................................................................113 Abuse of power ...............................................................................................................................113 Behaviour that increases safety....................................................................................................115
REFERENCES AND FURTHER READING......................................................... 117

References.......................................................................................................................................117 Further reading................................................................................................................................122
ACRONYMS AND ABBREVIATIONS ................................................................. 123 USEFUL CONTACTS .......................................................................................... 124
Preface
The central concerns of this guide are the protection and assistance provided by the International Red Cross and Red Crescent Movement to all those affected by population movement. Whatever the reason for their journey, uprooted people continue to possess the human rights which are universally acknowledged for us all; they merit safety and dignity and the means of earning a livelihood; and they have the potential to contribute economically and culturally to their new community. However, particularly if they are fleeing persecution, armed conflicts or disasters, uprooted people can be extremely vulnerable. If they are not themselves vulnerable, members of their family may be in need of support and protection. Population movement can lead to complex emotional responses, some of which can have psychological results long after people are integrated into their new host community. The Red Cross and Red Crescent Movement should be ready to assist the most vulnerable among them. The Movement has a long history of working with refugees and has twice received the UNHCR Nansen Refugee Award. Since 1948 the Movement has taken a number of decisions on its work with uprooted people. In 2001 the Council of Delegates adopted a powerful resolution on the matter Movement Action in Favour of Refugees and Internally Displaced Persons and regional conferences have recently looked at some of the issues involved. Some years ago the then League of Red Cross and Red Crescent Societies (which changed its name to the International Federation in 1991) published Working with Refugees and Asylum Seekers. Since then, however, the world has changed in many ways. Conflicts between States have given way to more local conflicts within States, often involving non-State forces. Harm to civilian populations is now not the collateral damage of conflicts; it is often a planned part of the conflict. Consequently the world has seen not only increased displacement but also new forms of displacement. At the same time many governments have proved less and less willing to offer asylum and even send people back to countries where they face insecurity, persecution and suffering. The integrity, efficiency and transparency of humanitarian organisations are under unprecedented scrutiny. This is largely to do with public concern about the best way to alleviate suffering and resolve often longstanding crises. It is also partly because of revelations about humanitarian workers involved in the exploitation of vulnerable people. Prevention of conflict and human suffering is more humane, and usually cheaper, than dealing with their consequences. For that reason the need for advocacy has become more widely recognised within the Movement. In response to these changes, the International Federation of Red Cross and Red Crescent Societies has commissioned the present guide, which
aims to raise key issues confronting Red Cross and Red Crescent staff and volunteers and to provide general guidance, while also pointing to sources of more detailed information. Acknowledgements The International Federation of Red Cross and Red Crescent Societies would like to express its gratitude to Rickard Olseke, Philip Rudge, Bill Seary and Robbie Thomson for contributing to this publication. Zsolt Dudas, Emanuela Gillard, Helen Lackenbauer and Brita Sydhoff offered critical in-depth comments on various drafts. The Swedish Red Cross provided much of the financial support needed to produce the guide and was also generous with its time and expertise. Innumerable members of field- and Geneva-based staff of the Federation and of the International Committee of the Red Cross gave their time to explaining the details of the work of the Movement. The Federation offices in Iran, Tanzania, Guinea, Sierra Leone, New York and Croatia and the ICRC office in Liberia were, in addition, generous with their practical support. The Iranian Red Crescent Society, the Tanzania Red Cross Society, the Red Cross Society of Guinea, Sierra Leone Red Cross Society, the American Red Cross and the Croatian Red Cross all provided invaluable practical assistance during the missions. In addition they, and the National Societies in Russia, Switzerland, Lithuania, United Kingdom and Liberia together with many members of PERCO provided helpful insights in the work of the Movement and stimulating thoughts on the use and structure of the guide. Both at headquarters and in the field, UNHCR officials and staff members of a wide range of other agencies, governmental, intergovernmental and non-governmental were generous in giving their advice on the relevant issues. Disclaimer While every effort has been made to ensure the accuracy of all statements in this guide, no responsibility is accepted by any part of the Red Cross and Red Crescent Movement for any consequences of acting on the advice or information given here.
PART I SETTING THE SCENE
1 Introduction
Structure This guide consists of three main parts: I. Setting the Scene, which sets out some of the background knowledge that will help any Red Cross or Red Crescent worker to understand the context of working with people affected by population movement. II. The Phases of Displacement, works through the phases that displaced people face. These phases are the same as those identified in the Federation policy on Refugees and other displaced people. There is one chapter devoted to each phase and reviewing key issues for the phase, giving advice and indicating sources of guidance. III. Additional Issues to be Confronted, deals with some issues of current importance and relevance to work with uprooted people, including personal behaviour of Red Cross and Red Crescent workers. Lists of reference material and further reading as well as lists of acronyms and useful contacts can be found at the end of the guide. Most of the material referred to in the guide is available on the Internet. The basic approach This guide is written for Red Cross and Red Crescent workers staff and volunteers who are assisting people affected by population movement. It raises some key issues to be confronted. It does not aim to replace the many legal and technical manuals and handbooks that exist. Its purpose is to set out the principles, suggest some approaches and guide the reader to sources of more detailed information. In doing this, it relies on a number of basic concepts: The Fundamental Principles Everything that the Movement does is founded on the Statutes of the International Red Cross and Red Crescent Movement. The Statutes, and in particular the Fundamental Principles, infuse this guide and their guidance is behind every sentence. Respect for the dignity of people The Movement is guided by a respect for the dignity of the people and by observance of their rights, as established by international humanitarian, human rights and refugee law. It provides assistance to vulnerable people which both deals with their immediate needs and seeks to offer them hope for a sustainable future. Protection The word protection covers all activities aimed at ensuring the full respect, in letter and in spirit, of international humanitarian, human rights and refugee law, as they apply to individuals.
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The primary responsibility for protection lies with the State on whose territory the person finds him/herself. In addition, ICRC and some United Nations agencies (e.g. UNHCR) have protection roles that are mandated by international law. Further to that, however, everybody has a role and responsibility for the protection of the people with whom they are in contact. This universal duty means that protection should be a key element in all assessment and programming. Do no harm Any assistance given to people is an intervention in their lives. It should help people fully regain control of their own lives and must not make long-term solutions more difficult. In conflict situations, in particular, activities need to be planned so that they reduce, rather than increase the level of conflict. Cooperate The Movement is not the only actor in the field of humanitarian assistance. Other organizations governmental, inter-governmental and non-governmental also have a role to play. The Movement needs to co-ordinate its work with the most effective organizations so that the available resources are used to the greatest effect. Advocacy for solutions The goal of the Movements work should be to help people to establish or to re-establish a sustainable and independent way of life. In part this is achieved through the way work is planned. In addition there may be a need for advocacy with local, national and international authorities for durable solutions for vulnerable people. Never impose An important contribution to finding a durable solution is the maintenance of the dignity of displaced people. They can be offered assistance and advice but they must always have the opportunity to reject either or both. Focus on the most vulnerable This guide is about working with people affected by population movement. It does not argue that such people are always the most vulnerable people in a country. Moreover, there will be variations in the extent of their vulnerability. In accordance with the Fundamental Principle of Impartiality, the Movements response needs to be flexible and to respond to the greatest vulnerabilities. Work with some groups of vulnerable people may attract funding more easily than work with other groups, but the Movement must always advocate for assistance for the most vulnerable.
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2 Background
Who are we talking about? The Red Cross and Red Crescent Movement is not motivated by definitions or status, merely vulnerability. However, population movement encompasses many definitions and classifications. In an attempt to be as inclusive as possible, this guide interchangeably uses variations of the terms uprooted people, the moving and displaced and persons affected by population movement. This chapter explains certain expressions that have a particular meaning in international law or practice. It gives an idea of who might be vulnerable and, among them, who might be in particular need of protection and assistance. Migrants Regular (documented) migrant refers to a person who is in a country other than his/her country of origin and who enjoys either: A general legal recognition of rights, which is inherent in the granting by the host State of refugee status, permanent resident, naturalized person or similar status; or A general legal protection of his/her fundamental rights by virtue of diplomatic agreements, visas or other agreements.
Irregular (undocumented) migrant refers to a person who is in a country other than his/her country of origin and who enjoys neither: The general legal recognition of rights that are granted by the host State to others, such as those who receive refugee status, permanent resident, naturalized person or similar status; nor The general legal protection of fundamental rights from diplomatic agreements, visas or other agreements.
Irregular migrants are often vulnerable to harassment and exploitation and are normally regarded by the host country as illegal. Stateless people According to the 1954 Convention relating to the Status of Stateless Persons the term stateless person means a person who is not considered as a national by any State under the operation of its law. Displacement can cause statelessness, e.g. when a persons displacement is accompanied or followed by a redrawing of international borders. It may also be the case that a rejected asylum seeker (see below) is not readmitted to his/her country of origin (or former habitual residence) on grounds of statelessness.
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Refugees and Asylum Seekers The 1951 Convention relating to the Status of Refugees (Refugee Convention) and its 1967 Protocol define a refugee as someone who owing to wellfounded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it. Regional agreements such as the Convention Governing the Specific Aspects of Refugee Problems in Africa and the Cartagena Declaration on Refugees, which covers Central America, Mexico and Panama extend this definition to include people displaced by such problems as conflict or occupation. The term refugee shall also apply to every person who, owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality, is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality. Convention Governing the Specific Aspects of Refugee Problems in Africa (1969) the definition or concept of a refugee to be recommended for use in the region is one which, in addition to containing the elements of the 1951 Convention and the 1967 Protocol, includes among refugees persons who have fled their country because their lives, safety or freedom have been threatened by generalized violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances which have seriously disturbed public order. Cartagena Declaration on Refugees (1984) As a result of these regional instruments, someone who meets the criteria used for refugee status determination in, say, Africa may not meet the criteria for recognition as a refugee in, say, a European country. In addition, each State has its own way of interpreting the criteria of international refugee law. Such matters as whether persecution has to emanate from agents of the State to be relevant, or whether homosexuality is seen as defining a social group, can mean that a person is recognised as a refugee in one country but not in a neighbouring one. Mandate refugees are people who have been granted refugee status by UNHCR by virtue of its mandate. Refugees given their status by States in accordance with the Refugee Convention are sometimes referred to as convention refugees. The United Nations High Commissioner for Refugees (UNHCR) regards as persons of concern:
refugees
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country of origin (returnees) some groups of internally displaced persons (IDPs) stateless persons For the role of UNHCR, see chapter 6.
people seeking recognition as refugees (asylum seekers) former refugees, especially people who have returned to their
Palestine refugees, receiving assistance from the United Nations Relief and Works Agency (UNRWA), are: persons whose normal place of residence was Palestine between June 1946 and May 1948, who lost both their homes and means of livelihood as a result of the 1948 Arab-Israeli conflict; and the descendants of such persons
An asylum seeker is a person whose request or application for asylum has not been finally decided on by a prospective country of refuge. This is typically a phenomenon of the more developed countries which have complex mechanisms (asylum systems/procedures) to determine asylum cases on an individual basis. Asylum seekers are invariably granted restricted rights, often may not seek employment and are increasingly detained by authorities pending a final outcome. A person who applied for recognition as a refugee and was refused is known as a rejected refugee or rejected asylum seeker. He or she must normally leave the country of asylum/refuge and may be expelled (and forcibly returned), unless permission to stay is provided on other grounds. In some countries such people may be offered other forms of protection. For instance, according to European Union law, a person may qualify for subsidiary protection if he/she would risk serious harm, consisting of death penalty, execution, torture or inhuman or degrading treatment or punishment, or a serious and individual threat to his/her life or person by reason of indiscriminate violence in situations of armed conflict. National law may also permit stay on humanitarian grounds. In any case international law forbids refoulement, i.e. sending people back to a place where they may be in danger of persecution or torture or other inhumane treatment. However, a rejected asylum seeker can well find him/herself in severe difficulties and possibly destitute, maybe unable to return home due to rejection by her/his country of origin, unable to seek work legally and ineligible for government benefits. Internally Displaced Persons (IDPs) The Guiding Principles on Internal Displacement which bring together international norms covering the treatment internally displaced people should receive describe internally displaced persons as persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized
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violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border. It should be noted that the reasons for displacement listed are much wider than those of the refugee definition and are, by no means, exhaustive. Provided the necessary element of compulsion exists, persons forced to leave their habitual residences for other reasons may also be considered to be IDPs. Internally displaced persons should still enjoy the protection of their government (in accordance with national law, international human rights law and, if in a situation of armed conflict, international humanitarian law). However, this is not always forthcoming. In recent years the United Nations has taken an interest in the plight of internally displaced people, but the appropriate international response to problems of internal displacement is still developing. Meanwhile the work of the UN system on IDPs is coordinated by the Office for the Coordination of Humanitarian Assistance (OCHA) (see chapter 6). Victims of trafficking According to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime (Palermo Convention), trafficking means the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. Unaccompanied and separated children A child means any person under the age of 18, unless under the (national) law applicable to the child, majority is attained earlier. Separated children are those separated from both parents, or from their previous legal or customary primary caregiver, but not necessarily from other relatives. These may, therefore, include children accompanied by other adult family members. Unaccompanied children (also called unaccompanied minors) are children who have been separated from both parents and other relatives and are not being cared for by an adult who, by law or custom, is responsible for doing so. Orphans are children, both of whose parents are known to be dead. In some countries, however, a child who has lost one parent is called an orphan. These definitions are taken from the ICRC publication Inter-agency guiding principles on unaccompanied and separated children (see www.icrc.org).
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What are the issues? The role of States is central to any discussion of work with moving and displaced people. They have the primary responsibility for protection and for providing assistance when it is needed. For centuries migration has been a part of international development. People have always aspired to a better life; they move to be near loved ones; they seek new experiences, jobs or opportunities. Others are forced to move in search of safety. Many succeed, some fail, and some find themselves in very vulnerable situations, often for protracted periods of time. When the general public think about the Red Cross and Red Crescent Movements emergency work with uprooted people, they normally have refugees and internally displaced people in mind. Each year, however, even more people move in response to natural or man-made disasters than is the case for people displaced by conflict or persecution. By their nature, uprooted people are hard to count. The best estimates indicate that there are perhaps 13 million refugees and 50 million people displaced within their own country by conflict and disasters. In addition there are vast and unknown numbers of people compelled to move by economic hardship, large projects (such as the construction of dams), political repression and discrimination. With the exception of certain natural disasters, it is rare for there to be no warning at all before people start to move in large numbers. Typically a movement of refugees or internally displaced people starts on a small scale before building up to a major humanitarian crisis. There are exceptions to this. The very rapid build-up of the numbers of people fleeing Kosovo, for example, was exceptional. Even in this case, however, the risk had been known and people had been leaving in small numbers for several years before the sudden escalation in 1999. Migration is often discussed in extreme terms. Throughout Europe, for example, far right-wing political parties have proposed policies to prevent all migration into countries with sizeable foreign-born populations. They argue that all asylum seekers file abusive claims aimed at gaining access to generous welfare benefits rather than safety. Conversely, many who support generous asylum systems can be equally vehement in portraying all asylum seekers as bona fide refugees fleeing persecution. These absolutist positions belie the complexity of the issues surrounding international migration, reducing difficult ethical choices to simplistic arguments. Seldom does international migration raise clear issues of right or wrong. More often it pits competing interests that require delicate balancing of good versus good. Meanwhile, for the victims of conflict and extreme poverty, the choice is often a dilemma between two evils: whether to stay at home or try to find refuge outside risking harm or even death either way. World Disasters Report, International Federation (2003)
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There are, almost always, strong reasons for people to stay at home. Against these there are both push and pull factors which make people consider moving. The push factors include: conflict human rights abuse, including sex abuse persecution crime economic decline climate change, drought, flood or natural disaster an increasing inability to sustain a rural/subsistence lifestyle international trade rules restricting access of developing economies to richer markets poverty (although the very poorest cannot afford to migrate)
The pull factors include: political freedom and respect for human rights physical security of persons the presence of friends or relatives demographic change, principally ageing and reducing workforces in developed market economies modern communications with images of living standards in developed economies displayed on TV or the Internet relatively cheap and/or easy access to travel
Normally more than one of these factors drives a movement. Sometimes uprooted people cross international borders, sometimes they are displaced within the boundaries of their own countries. Many countries in the world are experiencing an unprecedented migration of rural populations into urban areas. This process is driven by the fall in the real price of commodities and poor infrastructure, leading to major health and poverty problems. The social and economic adjustments that follow such migration frequently cause difficulties both in the cities, where large numbers of people live in shanty towns and in the rural areas, where there are no longer sufficient young adults to support the remaining population of older people. The major factor in rural-urban migration is normally economic but uprooted people, especially internally displaced people also tend to move to the relative safety of towns. Rural-urban migration is often a first step in a path which leads to international migration. Movements of people are rarely homogeneous. Refugees and asylum seekers often move and arrive (in so called mixed flows) together with other people anxious to reach a place of safety and security and/or with better economic prospects. In some situations people may decide, in the light of changing situations, that it is better to return to their own country and thereby become an internally displaced person rather than to remain a refugee in a
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neighbouring country. This decision may be reversed several times as the fortunes of the various combatant groups ebb and flow or as the balance of human rights abuse between the two countries changes. The danger is that the most vulnerable are the least protected. Desperately poor people seldom have the means move from poorer countries to richer ones. The response of the governments in developed countries to increased migration has been to try to limit the numbers of people reaching and entering their territories. This has a number of perverse effects: It provides an opportunity for commercial smuggling of people, which has increased the revenue of organized criminal groups. It tends to criminalize moving and displaced people. This lays them open to extortion and slave-like conditions and distorts the labour market of the host country. It reduces the ability of migrants to contribute to the development of their country of origin. Remittances from migrant workers are larger than official aid programmes. It puts pressure on asylum systems as the only remaining way of legal entry and stay. This leads to high costs and asylum systems failing to provide timely protection for those who need it.
While international migrants may suffer from a bad press in developed countries, they are an important resource for the development of their home countries a resource not sufficiently tapped. Migrants remit about US$ 80 billion per year to developing countries considerably more than the US$ 50-55 billion of official development assistance (ODA) which flows from rich to poor countries every year. Furthermore, whereas ODA may be tied to the purchase of goods and services originating in donor countries, migrants remittances are mostly spent on helping their own families with food, shelter, healthcare, education and other inputs to economic development. So the money goes directly where it is most needed. When used to purchase locally produced items, these remittances have a multiplier effect in stimulating local economic activity. World Disasters Report, International Federation (2003)
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3 Movement legal base for work with people affected by population movement
Resolutions adopted by the Movements statutory conferences As explained in chapter 1, the Movements work is founded on its Statutes. Moreover, ICRC has a unique mandate based on the 1949 Geneva Conventions (see chapter 4 and 5). Ultimately the Red Cross and Red Crescent role in the field of population movement is guided by the Fundamental Principles, notably Humanity and Impartiality. But also resolutions adopted by the Movements statutory conferences form part of what the Federations Strategy 2010 describes as the unparalleled legal base of National Red Cross and Red Crescent Societies. The directions given by these resolutions must be taken into account when work is planned. This chapter provides an overview of some of the content of the relevant resolutions and offers an introductory analysis. The full text of the Statutes of the International Red Cross and Red Crescent Movement as well as most of the resolutions can be found at www.icrc.org. The resolutions have also been compiled by the Federation in the publication Assistance to asylum seekers in Europe: A guide for National Red Cross and Red Crescent Societies (available at www.ifrc.org). Be ready to assist and to protect The 17th International Conference of the Red Cross and Red Crescent (International Conference) was convened in Stockholm in 1948 the same year the United Nations General Assembly adopted the Universal Declaration on Human Rights (see chapter 4) and more than two years before the establishment of UNHCR. It recommended that in case of need, National Societies include in their activities social assistance to stateless persons, refugees of war and war victims. Three decades later, the 24th International Conference, held in Manila, decided in its Statement of Policy that [t]he Red Cross should at all times be ready to assist and to protect refugees, displaced persons and returnees (International Red Cross Aid to Refugees). This stance was reinforced four years later by the 25th International Conference. More recently, in 1991 and 1993, the Council of Delegates called for the Movement to act vigorously in favour of refugees, asylum seekers, displaced persons and returnees a clear and powerful message in support of Red Cross and Red Crescent work with uprooted people. Furthermore, in 1993 the Council of Delegates strongly encouraged National Societies to implement, whenever necessary, programmes for refugees, asylum seekers and displaced persons which provide emergency assistance as well as long-term solutions and to orient their assistance programmes towards the needs of the most vulnerable groups.
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Assistance to people affected by population movement The already mentioned 2001 Council of Delegates resolution Movement Action in favour of Refugees and Internally Displaced Persons sets out a number of general considerations to be borne in mind by the components of the Movement when responding to the needs of uprooted people and identifying possible activities. It emphasizes the need for a global approach, addressing both the needs of refugees and internally displaced persons whenever possible, by appropriately addressing all stages of displacement, from prevention to return and also the needs of the resident population in order to ensure respect for the Principle of Impartiality at all times. The resolution specifies that such an approach should take into account: the need for protection, assistance, tracing, family reunification and durable solutions such as return, local settlement or resettlement in a third country; the specific needs of different groups within populations of refugees and internally displaced persons, as well as their different needs at different stages of displacement; the need for short-terms interventions and long-term solutions; the need to involve refugees and internally displaced persons in planning and implementing programmes for their own benefit; the needs of host and local communities; the need for burden sharing within the Movement to assist National Societies where responding to displacement is beyond their individual capacities; the need to develop a strong advocacy platform with common Movement positions.
A follow-up resolution was adopted by the 2003 Council of Delegates, calling upon the components of the Movement to continue to pursue and develop their activities for refugees, IDPs and migrants, in accordance with their respective mandates and in respect of the Fundamental Principles, striving always to adopt a global approach addressing all stages of displacement from prevention through displacement to return, resettlement and re-integration as well as the needs of resident populations in accordance with the Principle of Impartiality. Also in 2003, the Federation Governing Board adopted a policy on Refugees and other displaced people, recognising that, as reflected in the present guide, displacement disasters, as all other disasters, are dynamic and that National Societies have a role to play in all phases. What might be an appropriate intervention in the beginning may change with the time and therefore, when planning interventions it is necessary to ensure that they are appropriate to the phase of the disaster.
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Need for protection, assistance, tracing, family reunification and durable solutions such as return, local settlement or resettlement in a third country To address protection concerns, National Societies can provide legal information, advice and/or representation, as well as assistance to ensure access to an asylum or refugee status determination procedure (supported where necessary by advocacy). Assistance, in the narrow material sense, can include reception and accommodation, providing food, clothing, health care and psychological support. Tracing of missing family members (who might themselves be displaced) is an essential service that should be offered to uprooted people. They will also benefit from the exchange of Red Cross messages (RCMs) and assistance to facilitate family reunification. Information and advice can be offered to facilitate safe and dignified return. This assistance could, where appropriate, be provided in cooperation with the National Society in the home country. However, reference should be made to the request by the 1991 Council of Delegates that the Movement actively seek the support of governments with a view to ensuring that the principle of return in safety and dignity of rejected asylum seekers is reaffirmed and, if assistance is given by National Societies, to respect their adherence to the Fundamental Principles. The second part of this request is crucial; if assistance is provided, there must never be any doubt about its strict humanitarian motive. The main needs of people who have the opportunity to choose local settlement are in the field of integration. To create this opportunity there may be a need for advocacy to ensure proper legal status. As regards resettlement, potential activities will vary depending on whether a country requires recognised refugees to resettle in third country or admits refugees from other countries for resettlement. In the latter context, the 24th International Conference, in its Statement of Policy on aid to refugees, decided that National Societies when possible, should use their influence to encourage their Government to accept refugees for resettlement as well as participate as appropriate by assisting with welfare programmes in the resettlement process in close cooperation and coordination with their Government. Specific needs of different groups within populations of refugees and internally displaced persons, as well as their different needs at different stages of displacement Some groups of uprooted people are more vulnerable than others and, as already noted, may have special needs and therefore require special attention. This could, for instance, be the case for unaccompanied and separated children, victims of torture and rape and persons who are detained. Their needs may also vary over time, from first arrival and, where applicable, having access to an asylum or refugee status determination procedure, to finding a durable solution and integration.
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As a further illustration, the 25th International Conference defines the most vulnerable groups as including women who are alone or who are heads of families, unaccompanied children, the physically and mentally handicapped, and the elderly. In addition, in 1991 the Council of Delegates called for National Societies to focus attention on the psychological problems encountered by most refugees, asylum seekers, displaced persons and returnees and on the care needed for the most vulnerable among them, giving due support to children through activities such as community-based health services and assistance in psychological and social readjustment. Need for short-term interventions and long-term solutions This is a general consideration that has to be taken into account when planning activities. For instance, while a short-term intervention might be to offer a rejected asylum seeker psychological support or material assistance, a long-term solution could include facilitating a safe and dignified return to the country of origin. In addition, short-term interventions must not undermine long-term solutions. Need to involve refugees and internally displaced persons in planning and implementing programmes for their own benefit Uprooted people themselves (men and women) should as far as possible participate in the planning and implementation of activities. They may also be recruited as volunteers, taking advantage of language and cultural skills, as well as providing meaningful activities. Needs of host and local communities In areas where the resident population includes vulnerable people, it is imperative to also consider local needs in order to not unduly favouring one group over another and thus not respecting the Fundamental Principle of Impartiality and risk giving rise to tensions. There may also be different groups of people affected by population movement present, e.g. victims of trafficking and irregular migrants, all meriting attention. In short, hardship cannot and must not be defined by status as such and, in line with the 2001 Council of Delegate resolution, the Movement approach should be based on a response to needs rather than on categories of persons. Additionally, it may be helpful to provide information to the local population about the plight of uprooted people and their various needs in order to avoid misunderstandings. In this respect, the 1991 Council of Delegates requested the Movement to draw the attention of host communities to the problems of humanitarian concern encountered by refugees, asylum seekers and displaced persons, and to fight xenophobia and racial discrimination. More generally, the 1993 Council of Delegates strongly encouraged National Societies to carry out vigorous information campaigns to denounce and combat xenophobia and racial or ethnic discrimination while at the same time organizing education programmes based on tolerance.
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Need for burden sharing within the Movement to assist National Societies where responding to displacement is beyond their individual capacities This need is an expression of the raison dtre of the Federation. Close cooperation in the field of population movement is essential (in a more positive spirit burden sharing is often referred to as responsibility sharing). As expressed by the 26th International Conference, National Societies should call upon the resources of the ICRC and the International Federation to make effective use of the Movements capacity when needs exceed the resources locally available. Federation support can include facilitating knowledge sharing between National Societies, as has been the case in the field of asylum, for instance, in South Eastern Europe or through population movement programmes and projects in the CIS (Commonwealth of Independent States), the Baltic countries and the South Asia region. In addition, to better address the needs of detained migrants and asylum seekers, National Societies benefit from ICRCs experience in detention work. In support of knowledge-sharing the 1993 Council of Delegates strongly encouraged National Societies to establish networks for regional cooperation in particular through the organization of regional workshops in cooperation with the ICRC and the Federation in fields such as voluntary repatriation, tracing activities aimed at restoring family links and preparation of emergency situations, with emphasis on training. The Platform for European Red Cross Co-operation on Refugees, Asylum Seekers and Migrants (PERCO) is an example of such a regional network (see chapter 5). Need to develop a strong advocacy platform with common Movement positions An advocacy platform is needed to, in the words of Council of Delegates resolutions, encourage National Societies to act vigorously in favour of refugees, asylum seekers, displaced persons and returnees. It must not, however, be seen as a prerequisite for implementing advocacy activities. On the contrary, the call for the development of a platform only serves to underline the importance of advocacy in supporting service delivery. Advocacy Advocacy is repeatedly called for in resolutions adopted by the Council of Delegates and is central to Strategy 2010 as one of the two dimensions of Red Cross and Red Crescent activities (the other one being service delivery). Strategy 2010 acknowledges that [a]s much can be achieved through mobilizing people and influencing decision-makers whether through private face-to-face advocacy or public campaigns as through delivering services. The 2001 Council of Delegates encouraged all components of the Movement, in accordance with their mandates, to take appropriate measures to ensure that States are aware of their responsibilities under
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international humanitarian law, refugee law, human rights law as well as national law applicable to refugees and internally displaced persons. The components of the Movement thus have role in monitoring State compliance with obligations under international and national law, and to advise governments accordingly (or take other appropriate measures), in order to ensure the proper protection of refugees and other moving and displaced people (in the case of refugees this is particularly important in countries where UNHCR is not present or does not have the capacity to fully assume its monitoring and advisory function). National Societies may also facilitate UNHCR access to government representatives at the appropriate level. In more detail, the 1991 Council of Delegates requested the Movement to actively seek the support of governments with a view to ensure that, in all circumstances, refugees, asylum seekers and displaced persons receive humane treatment and decent material conditions, in the search for durable solutions, to see that the voluntary character of repatriation and the safety of returning refugees in their countries of origin are fully ensured [and] to ensure that a decision to deny asylum is taken only within the framework of fair and proper procedures and that the principle of return in safety and dignity of rejected asylum seekers is reaffirmed and, if assistance is given by National Societies, to respect their adherence to the Fundamental Principles of the Movement. Similarly, the 25th International Conference urged National Societies to spare no effort to ensure that refugees and asylum seekers receive humane treatment and decent material conditions in host countries [and] reminds governments, in a spirit of humanity, of their legal and moral obligations regarding refugees, in particular that of respect for the principle of non-refoulement, and encourages them to do everything possible to accelerate the procedures for consideration of asylum applications while maintaining fundamental legal safeguards. Again, on dissemination, the 1991 Council of Delegates requested the Movement to pursue their efforts in disseminating international humanitarian law, human rights law, of which refugee law is a part, and the Fundamental Principles of the Movement in order to enhance protection and humane treatment of refugees, asylum seekers, displaced persons and returnees. The 1993 Council of Delegates specifically invited the Movement to promote, in the spirit of the Fundamental Red Cross and Red Crescent Principles, the protection of refugees, asylum seekers and displaced persons including the protection of those persons who have fled from armed conflict or other situations of extreme danger, but who are not covered by the refugee definition of the 1951 Convention on the Status of Refugees; and to train and inform volunteers and staff appropriately. In echoing the 1991 Council of Delegates, it furthermore strongly encouraged National Societies to actively seek support of governments with a view to find durable solutions [and] to see that the voluntary character of repatriation and the safety of returning refugees in their countries of origin are fully ensured.
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Co-operation and agreements with other agencies In the words of the 26th International Conference, National Societies should seek efficient cooperation with other organizations, including non-governmental organizations (NGOs) and the United Nations, in particular the UNHCR. The 2001 Council of Delegates resolution stresses specifically that National Societies, when acting as implementing partners for other humanitarian actors (e.g. UNHCR), must ensure that their activities are carried out in respect of the Fundamental Principles of the Movement and existing policy at all times. Furthermore, National Societies are obliged to inform the International Federation and/or the ICRC of any negotiations likely to lead to a formal agreement between them and any agency of the United Nations or any other international organisation. This requirement is acknowledged in a number of resolutions (since 1981) and in 2003 the Council of Delegates adopted a guiding document entitled Minimum Elements to be Included in Operational Agreements between Movement Components and their External Operational Partners dealing with the issues involved.
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4 The law applying to the moving and displaced

Four bodies of law providing protection for individuals There are four bodies of law that provide protection for individuals: national law international human rights law international humanitarian law international refugee law
This chapter explains the significance of national law and provides a brief overview of international human rights law, humanitarian law and refugee law, as well as the Guiding Principles on Internal Displacement. The inherent dignity of every human being can best be promoted and safeguarded through a complementary application of, in particular, international humanitarian law, human rights law and refugee law, as appropriate. Protecting human dignity (Declaration), 28th International Conference of the Red Cross and Red Crescent (2003) National law National law is important because a State has primary responsibility for protecting all people on its territory. This applies regardless of status and even people in an irregular situation are entitled to the protection of national law. Internally displaced persons (IDPs) are entitled to protection by the law without any adverse distinction based on the fact of their displacement. Furthermore, depending on a countrys legal system, it may be the case that rights guaranteed by international law have to be incorporated into national law in order to be recognised by national authorities and courts. It is common that a countrys constitution sets out the fundamental rights that all persons within its territory shall enjoy. These rights are then further defined by national law. Many countries also have special laws applicable to foreign nationals, regulating their right to stay including the right to asylum and recognition as refugees. National law applies not only to all individuals who are on the territory of a State but also to all incorporated entities including National Red Cross and Red Crescent Societies. Moreover, the law imposes obligations on individuals and incorporated entities as well as conferring rights. In accordance with their status as international organisations, both ICRC and the Federation negotiate status agreements with the government of the country in which they have a delegation and thus gain certain immunities and privileges under national law. Such status,
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by definition, can never be accorded to a National Society operating in its own country. International human rights law Human rights apply to all people including those affected by population movement and, in principle, protect the individual at all times. In the words of the Universal Declaration of Human Rights, the recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. Human rights standards are laid out in declarations and proclamations, conventions and covenants, commonly referred to as human rights instruments. Declarations and proclamations are statements identifying and describing human rights, but have no legal effect. Conventions and covenants (treaties), by contrast, elaborate standards that are legally binding upon the States that ratify or accede to those instruments. States may complement the fundamental standards set out in these instruments with additional (national) laws and procedures that will further define and protect human rights in their jurisdiction. The most fundamental human rights instrument is the 1948 Universal Declaration of Human Rights, created shortly after the founding of the United Nations. It secured human rights as basic components of international law. Though legally non-binding, it contains generally accepted human rights standards evolved over many decades, setting out the main civil, cultural, economic, political and social rights to which all persons are entitled, without discrimination of any kind. The rights protected include the right to life, liberty and security of person, freedom from torture or cruel, inhuman or degrading treatment or punishment, the right to a fair trial, the right to seek and enjoy asylum, the right to an adequate standard of living, to education, to work, etc. Article 14 1. Everyone has the right to seek and to enjoy in other countries asylum from persecution. 2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations. Universal Declaration of Human Rights (1948) Two major legally binding Covenants covering political and civil rights, and social, economic and cultural rights were subsequently adopted in 1966. Together with the Universal Declaration they are sometimes referred to as the International Bill of Human Rights. The International Covenant on Civil and Political Rights is central, inter alia, to the issue of detention of displaced people (see chapter 13). Altogether, there are seven core international human rights treaties which are legally binding:
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International Convention on the Elimination of All Forms of Racial Discrimination (1965) International Covenant on Civil and Political Rights (1966) International Covenant on Economic, Social and Cultural Rights (1966) Convention on the Elimination of All Forms of Discrimination against Women (1979) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) Convention on the Rights of the Child (1989) International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990)
Each of these treaties has established a committee of experts (e.g. the Human Rights Committee in the case of the International Covenant on Civil and Political Rights) to monitor implementation of the treaty provisions by its State parties. Some of the treaties are supplemented by optional protocols dealing with specific concerns. Article 3 1. No State Party shall expel, return (refouler) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. 2. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) A number of treaties stipulate that States Parties are to provide regular reports to the respective committees on measures taken to implement the treaty, and how problems arising from issues of the treaty are dealt with. For example, States Parties to the Convention on the Elimination of All Forms of Racial Discrimination are expected to prepare reports every two years. Some governments allow, even encourage, public or nongovernmental contributions towards their reports. The treaty bodies may also receive reports and documentation submitted directly by nongovernmental sources. Some treaties spell out specific procedures by which individuals may submit complaints against a State Party that violates the terms of that instrument. Procedures for reviewing and attempting to resolve complaints and disputes regarding compliance with treaty standards are generally stipulated as well. Article 28 Migrant workers and members of their families shall have the right to receive any medical care that is urgently required for the preservation of their life or the avoidance of irreparable harm to their health on the
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basis of equality of treatment with nationals of the State concerned. Such emergency medical care shall not be refused them by reason of any irregularity with regard to stay or employment. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990) The full text of all the relevant treaties and information about the various committees can be found at the website of Office of the United Nations High Commissioner for Human Rights (OHCHR), www.ohchr.org. International humanitarian law International humanitarian law is the body of rules that, in wartime, protects people who are not, or are no longer, participating in the hostilities and regulates permissible means and methods of warfare. Its central purpose is to limit and prevent human suffering in times of armed conflict. A number of international treaties have been developed over the past 150 years, starting with the 1864 Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field. The four Geneva Conventions of 1949 and their two Additional Protocols of 1977 are the principal instruments of international humanitarian law: Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (1949) Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (1949) Convention (III) relative to the Treatment of Prisoners of War (1949) Convention (IV) relative to the Protection of Civilian Persons in Time of War (1949) Protocol (I) Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (1977) Protocol (II) Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of NonInternational Armed Conflicts (1977)
In addition to treaty law, rules of international humanitarian law are also found in customary law. While treaties only legally bind States that have ratified or acceded to them, customary law is binding upon all States. International humanitarian law applies in all situations of armed conflict, be it international, i.e. between two or more States, or non-international, i.e. between a State and an organised armed group or between two or more such groups. The consequence of this for displaced people is that if they have fled to a country that is not experiencing an armed conflict or disturbance, they
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will not be protected by international humanitarian law. Conversely, if displaced people have fled to a State which is experiencing an armed conflict or disturbance, provided they are not taking part in hostilities, they are entitled to general protection under international humanitarian law as members of the civilian population, as well as to additional special protection granted to refugees. As regards the general protection of the civilian population, the following rules are of particular relevance to displaced people: the prohibition on conducting hostilities in an indiscriminate manner; the prohibition on making civilians the target of attacks; the prohibition of acts or threats of violence, the primary purpose of which is to spread terror among the civilian population; the prohibition on the destruction and appropriation of civilian property; the prohibition of starvation of the civilian population as a method of warfare and of the destruction of objects indispensable to its survival; the prohibition on reprisals against the civilian population and its property; the prohibition, in times of occupation, of individual or mass forcible transfers of civilians either within the occupied territory or to a third State.
Also of relevance are the rules requiring parties to a conflict, as well as all other States, to allow the unhindered passage of relief supplies and assistance necessary for the survival of the civilian population. In addition to this general protection, international humanitarian law affords refugees further specific protection. In particular, it: reiterates the principle of non-refoulement (see the following section on international refugee law); provides that, despite being aliens in the territory of a party to a conflict, refugees are entitled to favourable treatment and cannot be treated as enemy aliens solely on the basis of their nationality. Although at first sight this rule seems to detract from the more wide-ranging protection granted displaced people as members of the civilian population, considering that often the refugees may be nationals of the other side in the conflict, it is important to emphasise this point; provides that if in situations of occupation refugees find themselves under the control of the State which they had fled in the first place, the occupying power is prohibited from prosecuting, arresting or deporting them; grants refugees the right to leave the State in which they have sought refuge; and
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provides that the most severe measures of control to which refugees may be subjected are assigned residence and internment.
The concept of internally displaced people (IDPs) does not exist in international humanitarian law. The only relevant categorisation is that between persons taking direct part in hostilities and those who are not. Thus, if the IDPs find themselves in a country that is experiencing an armed conflict, provided they are not taking part in the hostilities, IDPs are considered civilians and as such entitled to the full protection of international humanitarian law, regardless of the fact and the cause of their displacement. International humanitarian law operates so as to prevent displacement of civilians in the first place and to ensure their protection during displacement, should they nevertheless have to move. If respected, all the rules for the protection of civilians set out above play an important role in preventing displacement. Additionally, international humanitarian law also expressly prohibits compelling civilians to leave their place of residence unless their security or imperative military reasons so demand. Furthermore, the inhabitants of occupied territory cannot be expelled from such territory by the occupying power, which is also prohibited from transferring its own population into the occupied territory. Also of relevance is the prohibition on collective punishment, which in practice have often taken the form of destruction of homes, leading to displacement. Once displacement has occurred, IDPs are protected by the rules on the protection of civilians and humanitarian assistance set out above. There may be circumstances in which the level of violence does not attain the relevant threshold for international humanitarian law to apply. In these cases it will be the norms of international human rights law that will provide the principal protection to refugees (in addition to international refugee law) and IDPs. The full text of all the relevant treaties and additional information about international humanitarian law can be found at ICRCs website, www.icrc.org. 1. calls upon States: (a) to respect and ensure respect for international humanitarian law, in particular the general prohibition of forced displacement of civilians, and to respect the Convention relating to the Status of Refugees of 1951 and its 1967 Protocol, in particular the fundamental principle of nonrefoulement, as well as other relevant regional instruments, (b) to accede to, for those States which have not already done so, and to implement fully the Convention relating to the Status of Refugees of 1951 and its 1967 Protocol Principles and Action in International Humanitarian Assistance and Protection, 26th International Conference (1995)
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International refugee law International refugee law protects people who have crossed an international border and are at risk of persecution in their home country. The 1951 Convention relating to the Status of Refugees (Refugee Convention) is the foundation of international refugee law. It was amended in 1967 by the Protocol relating to the Status of Refugees. The Refugee Convention and its Protocol cover three main subjects: The basic refugee definition along with terms for cessation of, and exclusion from, refugee status. The legal status of refugees in their country of asylum, their rights and obligations including the right to be protected from refoulement to a territory where their lives or freedom would be threatened. The obligations of States, including co-operation with UNHCR in the exercise of its function and facilitating its duty of supervising the application of the Convention.
Article 1. Definition of the term refugee A. For the purposes of the present Convention, the term refugee shall apply to any person who: Owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing to such fear, is unwilling to return to it. F. The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that: (a) He has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; (b) He has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee; (c) He has been guilty of acts contrary to the purposes and principles of the United Nations. Convention relating to the Status of Refugees (1951) as amended by the Protocol relating to the Status of Refugees (1967) As noted earlier, there are regional agreements extending the refugee definition beyond the criteria in the Refugee Convention (e.g. to persons whose safety or freedom have been threatened by armed conflict). Persons who have committed certain serious crimes, e.g. war crimes and crimes against humanity, are excluded from protection under the Refugee Convention. However, the protection provided by international human rights and humanitarian law remains in place.
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The most important article other than the refugee definition is article 33, forbidding refoulement. It protects refugees from being expelled to countries where their life or freedom would be threatened. Article 33. Prohibition of expulsion or return (refoulement) 1. 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. 2. The benefit of the present provision may not, however, be claimed by a refugee whom there are reasonable grounds for regarding as a danger to the security of the country in which he is, or who, having been convicted by a final judgement of a particularly serious crime, constitutes a danger to the community of that country. Convention relating to the Status of Refugees (1951) as amended by the Protocol relating to the Status of Refugees (1967) It is widely accepted that the prohibition of refoulement is part of customary law, i.e. even States who are not party to the Refugee Convention or its Protocol must respect the principle of non-refoulement. Moreover, refoulement is prohibited explicitly or through interpretation by the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights and many regional human rights instruments, including the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Refugee Convention further stipulates that penalties for illegal entry or presence in a country may not be imposed on refugees. Article 31. Refugees unlawfully in the country of refuge 1. The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence. 2. The Contracting States shall not apply to the movements of such refugees restrictions other than those which are necessary and such restrictions shall only be applied until their status in the country is regularized or they obtain admission into another country. The Contracting States shall allow such refugees a reasonable period and all the necessary facilities to obtain admission into another country. Convention relating to the Status of Refugees (1951) as amended by the Protocol relating to the Status of Refugees (1967) In addition to the Refugee Convention, Conclusions on International Protection adopted by UNHCRs Executive Committee (ExCom) form part of the framework of international refugee protection. Although not legally binding, they are relevant to the interpretation of the Convention.
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The full text of the Refugee Convention and additional resources, including ExCom Conclusions on International Protection, UNHCRs Handbook on Procedures and Criteria for Determining Refugee Status and Guidelines on International Protection, can be found at UNHCRs website, www.unhcr.ch. Guiding Principles on Internal Displacement The Guiding Principles on Internal Displacement are a restatement and clarification of existing international law that protects IDPs. Although they are not legally binding, the rules of international humanitarian law and international human right law on which they are based are binding. The Principles were developed by the Representative of the UN SecretaryGeneral on Internally Displaced Persons working in close collaboration with experts in international law and in consultation with international agencies, including ICRC and presented to the UN Commission on Human Rights in 1998. The Guiding Principles consolidate into one document all the relevant provisions in international law and deals with identified grey areas and gaps. They consist of an introduction with a description of internally displaced persons and 30 Principles divided into five sections: General Principles Principles Relating to Protection From Displacement Principles Relating to Protection During Displacement Principles Relating to Humanitarian Assistance Principles Relating to Return, Resettlement and Reintegration
The international debate on the subject of internally displaced persons has undeniably advanced their cause. In particular, the work of the Secretary-Generals Representative has served as a catalyst and has brought about a deeper understanding of their plight and needs. The Guiding Principles have identified and clarified the rules for the protection of internally displaced persons. The Guiding Principles are a working tool that serves to reaffirm and clarify existing law. It is to be hoped that they will help sensitize States (as well as warring parties, in the event of armed conflict) to the distressing problem of displacement, and guide them in their action. The text has the merit of combining, in a single document, elements from different branches of international law, and makes it possible to address the numerous needs of internally displaced persons in a comprehensive fashion. However, it is necessary to bear in mind the many rules of international humanitarian law that serve to protect the civilian population as a whole in the event of armed conflict. Guiding Principles on Internal Displacement, comments by Jean-Philippe Lavoyer, ICRC Legal Division, International Review of the Red Cross no 324 (1998) The full text of Guiding Principles on Internal Displacement as well as comments to them can be found at www.icrc.org.
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5 Who does what in the Movement

Special contribution of the Red Cross and Red Crescent Movement The International Red Cross and Red Crescent Movement, born of a desire to bring assistance without discrimination to the wounded on the battlefield, endeavours, in its international and national capacity, to prevent and alleviate human suffering wherever it may be found. Its purpose is to protect life and health and to ensure respect for the human being. It promotes mutual understanding, friendship, co-operation and lasting peace amongst all peoples. The Fundamental Principle of Humanity, Statutes of the International Red Cross and Red Crescent Movement The Movements mission, as set out in its statutes, is to prevent or alleviate human suffering wherever it may be found, to protect life and health, to ensure respect for human dignity (in particular in times of armed conflict and other emergencies), to work for the prevention of disease and the promotion of health and social welfare, to encourage voluntary service and a constant readiness to help and, finally, to foster a universal sense of solidarity towards all those in need of the Movements protection and assistance. In pursuing its mission, the Movement is guided by its Fundamental Principles, which are: Humanity, Impartiality, Neutrality, Independence, Voluntary Service, Unity and Universality. The approach of the Movements components the International Committee of the Red Cross (ICRC), the International Federation and National Societies is best described as holistic; as previously noted, intervention is prioritized solely on vulnerability and humanitarian needs of people and not on their status. It makes no discrimination as to nationality, race, religious beliefs, class or political opinions. It endeavours to relieve the suffering of individuals, being guided solely by their needs, and to give priority to the most urgent cases of distress. The Fundamental Principle of Impartiality, Statutes of the International Red Cross and Red Crescent Movement On the basis of the 1949 Geneva Conventions, the Statutes of the Movement and other agreements, the International Committee of the Red Cross acts as the lead agency (see below) for the Movement during times of armed conflict. The ICRC: provides food, water, emergency relief and medical assistance to civilians without access to these basic necessities; coordinates humanitarian relief efforts of the Movement in areas directly affected by conflict; visits prisoners of war and civilian detainees held in relation to conflict to ensure that their conditions and treatment comply
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with the basic principles laid out in international humanitarian law; conducts searches for missing persons, exchanges messages (RCMs) to and from members of separated families and reunites separated families; helps to establish neutral and protected hospital and security zones in areas of conflict; provides surgical equipment to hospitals for war-wounded and basic supplies to ensure that hospitals continue to operate during conflict; through direct and confidential dialogue, reminds all sides participating in hostilities of their obligations under international humanitarian law; through direct and confidential dialogue, draws attention (to parties of the conflict) to serious violations of international humanitarian law and encourages respect for international humanitarian law; and educates the public about international humanitarian law and the role of ICRC in conflict and contributes to the development of humanitarian law.
Armed conflict represents one of the major causes of forced displacement, across international borders and, to an even greater extent, within countries. Given that those uprooted are often particularly exposed to life-threatening deprivation and violence, it is but natural that the International Committee of the Red Cross (ICRC) does it utmost to ensure that they be properly respected, protected and assisted. It is important to underline that States have the primary responsibility in this regard, and that humanitarian organisations, such as ours, can only play a supportive role, albeit often vital. It is generally recognised that a better respect for international humanitarian law would significantly reduce the need for people to flee their homes, and hence would significantly reduce the numbers of refugees and internally displaced persons. It is also true that humanitarian law provides extensive protection to those who are displaced, through numerous rules aimed at sparing civilians from the dangers of military operations and abuse of power, as well as ensuring that those in need can be provided with essential assistance. However, the situation does not allow for complacency. Indeed, current figures of displacement are indicative also of the current disregard for existing rules, and of the imperative to do more to ensure that they be properly respected. The ICRC plays an important role in this regard, notably by reminding parties to a conflict of their obligations under humanitarian law. United Nations, General Assembly, 57th session, Third Committee, Statement by the International Committee of the Red Cross (2002) The International Federation of Red Cross and Red Crescent Societies (the Federation) is the membership association and international
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coordination arm for the National Red Cross and Red Crescent Societies. The Federation endeavours to support its member National Societies through capacity building. As already mentioned, it has initiated population movement programmes and projects in CIS (Commonwealth of Independent States), the Baltic countries, South Eastern Europe and the South Asia region. When the needs of people affected by disaster exceed the capacity of their National Society, the Federation helps coordinate the international response of other National Societies. The role of the Population Movement Desk at the Federation Secretariat is to: provide information, advice and raise awareness amongst National Societies, the Federation Secretariat and its field offices on population movement issues, including human rights; identify and develop improved programmatic interventions that aim to protect and address the specific vulnerabilities of displaced populations; highlight the profile of National Red Cross and Red Crescent Societies as principal actors in refugee and population movement matters; work towards the improvement of the Movements collective efforts on behalf of moving and displaced people by establishing policies and guidelines, training, and access to information.
National Societies have to be officially recognized by ICRC before they become members of the Federation. Recognition depends upon the National Societies concerned satisfying several conditions, including being recognized by their respective governments as auxiliaries to the public authorities in the humanitarian field (see Article 4 of the Statutes of the Movement). As laid down in the Movements Statutes, National Societies: support the public authorities in their humanitarian tasks, according to the needs of the people of their respective countries; co-operate with the public authorities in the prevention of disease, the promotion of health and the mitigation of human suffering by their own programmes in such fields as education, health and social welfare, for the benefit of the community; organize, in liaison with the public authorities, emergency relief operations and other services to assist the victims of armed conflicts as provided in the Geneva Conventions, and the victims of natural disasters and other emergencies for whom help is needed; disseminate and assist their governments in disseminating international humanitarian law; disseminate the principles and ideals of the Movement and assist those governments which also disseminate them; co-operate with their governments to ensure
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respect for international humanitarian law and to protect the red cross and red crescent emblems; give international assistance for victims of armed conflicts, as provided in the Geneva Conventions, and for victims of natural disasters and other emergencies.
A National Society has primary responsibility for the mobilisation of the Movements protection and assistance capacity in support of vulnerable people in its country. It should be prepared to provide relief at the time of disasters, whether natural or man-made. In the case of a major disaster National Societies can expect to be supported by the Federation, one or more other National Societies or ICRC. The full text of the Statutes of the International Red Cross and Red Crescent Movement can be found at www.icrc.org. National Societies, the International Federation and the ICRC, according to their respective mandates and in accordance with international humanitarian law, may offer their services on behalf of refugees and asylum seekers in co-operation with UNHCR, and, taking note of the Guiding Principles on Internal Displacement, may also offer their services on behalf of internally displaced persons, and will: (a) extend support to States in fulfilling their obligations to assist and protect refugees, asylum seekers and internally displaced persons; (b) ensure that their programmes support host government efforts to seek durable solutions for displaced populations, including voluntary repatriation in safety and dignity, in dialogue with countries of origin; (c) promote efforts to develop solidarity and understanding between host communities and refugees, asylum seekers and internally displaced persons. Plan of Action, adopted by the 27th International Conference of the Red Cross and Red Crescent (1999) How the components of the Movement cooperate When conflict, persecution or disaster requires a response beyond the capacity of the local National Society, arrangements for the coordination of the Movements international activities the Agreement on the Organization of the International Activities of the Components of the Red Cross and Red Crescent Movement (Seville Agreement), agreed by the Council of Delegates in Seville in 1997 comes into play. The Seville Agreement deals with coordination when a National Society needs international support, while being careful to foster the primary responsibility of a National Society for its own development. It sets out the normal lead role of each component of the Movement and lays down the principles for the selection of a lead agency to provide coordination under emergency conditions. The ICRC will act as lead agency in situations of international and non-international armed conflicts, internal strife and their direct results
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The Federation will act as lead agency in natural or technological disasters and other emergency and disaster situations in peace time which require resources exceeding those of the operating National Society. A National Society may undertake the functions of lead agency necessary for the coordination of international relief assistance within its own territory subject to the concurrence of the ICRC or the Federation, as the case may be Agreement on the Organization of the International Activities of the Components of the Red Cross and Red Crescent Movement (1997) In the case of armed conflict, it can take some time before the Seville Agreement comes into effect after hostilities break out. Conversely, the lead agency arrangements will often remain in effect for some time after hostilities have come to an end. It is, moreover, left to the parties involved to establish the criteria for deciding when the arrangements should cease to apply. It should also be noted that the lead agency arrangements cover relevant work by all parts of the Movement, including National Societies from other countries. There may be circumstances in which the ICRC needs to focus, often in conjunction with the National Society, on the priority needs of the refugees and IDPs closest to the conflict area, while there may be other displaced persons at a significant distance from the theatre of hostilities who are also in urgent need of assistance. Within the framework of the Seville Agreement, the components of the Movement should develop operational solutions to these scenarios ensuring that humanitarian needs are met to the full extent of the components complementary capacities, and in conformity with their respective mandates, while maintaining the coherence and coordination of the action of the Movement as a whole. Movement Action in Favour of Refugees and Internally Displaced Persons (Council of Delegates Report) (2001) Red Cross or Red Crescent workers involved with situations in which the Seville Agreement has been invoked should familiarize themselves with the arrangements in order to be able to coordinate interventions successfully and to give appropriate credit to the contribution of each component, as well as to ensure that all the work of the Movement respects the input of the National Society concerned and supports its long-term aims. In the case of natural or other disasters, the provisions of the Seville Agreement are supplemented by the earlier Principles and Rules for Red Cross and Red Crescent Disaster Relief, dealing with the preparation for and response to disasters that exceed the capabilities of the National Society of the country affected. The full text of the Seville Agreement and the Principles and Rules for Disaster Relief can be found at www.icrc.org.
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Movement networks on asylum and migration The Platform for European Red Cross Co-operation on Refugees, Asylum Seekers and Migrants (PERCO) was established in 1997 to promote good practice and exchange of experience, to discuss common concerns and to carry out relevant joint activities. It also aims to strengthen the advocacy work of National Red Cross and Red Crescent Societies and has drafted guidelines and recommendations on various aspects of migration and asylum (some of which are available at www.ifrc.org). PERCO currently has 19 National Societies in its membership. The Federation participates as an observer. In addition, a wide range of National Societies worldwide, ICRC and the Federation have started to exchange experiences on work with displaced people in detention. In this context, meetings were organized in 2003 and 2004 in Stockholm and Ottawa to examine, inter alia, issues relating to protection, assistance, monitoring and reporting. More recently, the Danish Red Cross, in collaboration with the Federation, has initiated a European Red Cross and Red Crescent Co-operation in Response to Human Trafficking. It is an informal network aiming at providing a resource base for designing and implementing activities targeting human trafficking, securing a common approach and structured exchange of information, building capacity and facilitating partnerships. There is no formal membership and it is open to all National Societies. For more information, see www.trafficking.drk.dk.
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6 How does the Movement relate to other actors?

Other actors who they are and what they do In addition to the components of the Red Cross and Red Crescent Movement there are many other actors and institutions that have an impact on the well-being of people affected by population movement. National authorities States have the primary responsibility for the welfare of everyone regardless of status on their territory and for national policy on, inter alia, reception, protection and integration of displaced people. The Movement is committed to working with governmental structures and should avoid any activity that might detract from the primary responsibility of governments. Countries which are hosting refugees or asylum seekers or who have a significant IDP population often set up a department or agency to deal with their affairs. Some governments also have a specialist body to provide assistance to refugees and displaced people in other countries. Working with uprooted people, the Movement and National Societies in particular may need to interact with police, military, border officials and customs officers. This relationship can be difficult at times, especially if national law is at variance with international law or officials are unable or unwilling to observe national or international law. United Nations The Federation and ICRC are permanent observers at the United Nations (UN) and its General Assembly. United Nations organizations of relevance to uprooted people are described below. Many of them are members of the Inter-Agency Standing Committee (IASC), which brings together a broad range of UN and nonUN humanitarian organizations, including standing invitees such as ICRC and the Federation. The primary role of the IASC is to formulate humanitarian policy to ensure coordinated and effective humanitarian response. United Nations High Commissioner for Refugees (UNHCR) The Office of the United Nations High Commissioner for Refugees (also The UN Refugee Agency) was created in 1950 and is the UN lead agency for the protection of refugees and other persons of concern (see chapter 2). UNHCR has a supervisory role and has developed widely respected policies on all aspects of refugee work. It is also operational providing protection and assistance and is present wherever refugees and persons of concern are at risk. The agency tries to safeguard the rights and well-being of refugees and other persons of concern and to ensure that everyone can exercise the right to seek asylum and find safe refuge, with the option to return
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home voluntarily, integrate locally or, as a last resort, to resettle in a third country (i.e. to find a so called durable solution). At the beginning of 2004, UNHCR estimated that there were some 17 million people of concern to the agency in the world. The ICRC, the League and National Societies should co-operate to the maximum possible extent with UNHCR and all other institutions and organizations (governmental, intergovernmental and non-governmental) working in the field of refugee relief. International Red Cross Aid to Refugees, Statement of Policy, 24th International Conference (1981) For an introduction to the work of UNHCR, see Partnership: An Operations Management Handbook for UNHCRs Partners (available at www.unhcr.ch). It also addresses many of the issues covered in the present guide. As the title suggests, it is intended for UNHCRs partners, including National Red Cross and Red Crescent Societies. The relationship between the Movement and UNHCR is discussed later in this chapter. United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) UNRWA provides education, health, and relief and social services to more than 4 million registered Palestine refugees in Jordan, Lebanon, the Syrian Arab Republic, the West Bank and the Gaza Strip. Office for the Coordination of Humanitarian Affairs (OCHA) OCHA is the UN agency that mobilizes and coordinates humanitarian action for the UN system in partnership with national and international actors. Its objectives are: to alleviate human suffering in disasters and emergencies; to advocate for the rights of people in need; to promote preparedness and prevention; and to facilitate sustainable solutions.
In addition, OCHA coordinates the work of the UN system on IDPs. It has set up an Internal Displacement Unit to promote improvements in the response to the needs of IDPs as well as to provide support to specific country situations. The work of the unit is focused on protection of IDPs, field support, capacity building and advocacy/public information. United Nations Childrens Fund (UNICEF) UNICEF helps children get the care and stimulation they need in the early years of life and encourages families to educate girls as well as boys. It strives to reduce childhood death and illness and to protect children in war and natural disaster. UNICEF supports young people in making informed decisions about their own lives and strives to build a world in which all children live in dignity and security. It has a particular concern for refugee children and the children of other displaced people.
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World Food Programme (WFP) WFP supplies virtually all the food aid used in humanitarian crises, including those involving displaced people. It has a Memorandum of Understanding with UNHCR, setting out the way they support each other in providing assistance to refugees. WFP has offices in most countries where food aid is needed. World Health Organization (WHO) WHO is the UN specialized agency for health. WHOs objective is the attainment by all peoples including uprooted people of the highest possible level of health. Health is defined in WHOs Constitution as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. International Labour Organization (ILO) ILO is the UN specialized agency that seeks the promotion of social justice and internationally recognized human and labour rights. The agency formulates international labour standards in the form of Conventions and Recommendations setting minimum standards of basic labour rights: freedom of association, the right to organize, collective bargaining, abolition of forced labour, equality of opportunity and treatment, and other standards regulating conditions across the entire spectrum of work related issues. It is a source of information and advice in connection with any economic exploitation of uprooted people. Other International Governmental Organizations The International Organization for Migration (IOM) is a major supplier of transport services to government agencies and intergovernmental organizations concerned with uprooted people. It also provides services in the field to governments, e.g. implementing return (so called Assisted Voluntary Return) and resettlement programmes. In recent years it has taken on a wider range of activities, including research and policy analysis on migration issues and assistance work with victims of human trafficking. International Non-Governmental Organizations and Networks There are many international non-governmental organizations (NGOs) active in humanitarian work, contributing to the assistance and protection of displaced people. However, it is also true that international non-governmental organizations at times depend for their donations on taking a high profile role or on having to accept donor requirements motivated by political rather than humanitarian considerations. Components of the Movement have a track record of successful cooperation with major international NGOs (examples of this can be found later in this chapter in the section on Inter-agency initiatives). A number of international NGOs were formed specifically to work with displaced people, e.g. the International Rescue Committee (IRC), the American Refugee Committee (ARC) and the U.S. Committee for Refugees (USCR). Several of these are implementing partners of UNHCR.
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Some international non-governmental organisations are important for their role in advocacy. These include Amnesty International, Human Rights Watch, Migrant Watch International and December 18th. International NGO Networks Many NGOs have formed networks and organisations through which they gain a voice in international fora such as the IASC. Examples of these are the International Council of Voluntary Agencies (ICVA) and the Steering Committee for Humanitarian Response (SCHR). There are a number of regional networks and some of the principal examples who either specialise in population movement issues or have it as a major focus are the European Council on Refugees and Exiles (ECRE), InterAction and Migrant Forum in Asia. Several European National Societies are members of ECRE (e.g. the Bulgarian Red Cross, the German Red Cross, the Serbia and Montenegro Red Cross and the Swedish Red Cross), while the Federation participates as an observer. The aim of ECRE is to promote the protection and integration of refugees in Europe based on the values of human dignity, human rights and an ethic of solidarity. The Federation is a member of ICVA and SCHR. The American Red Cross is a member of InterAction. National Non-Governmental Organizations National NGOs exist in almost all countries. Their strengths vary widely. The strong ones can represent important partners for National Societies and for other components of the Movement. In some countries NGOs have formed a refugee network or council, providing coordination for the work of all non-governmental agencies concerned with refugees and asylum seekers and a focal point for advocacy on refugee and asylum issues. Some national NGOs are of international importance. These include the Norwegian Refugee Council , which has developed a Camp Management Toolkit and is responsible for the Global IDP Project (see www.nrc.no). Coordination As seen in the previous section many agencies can be involved with the fate of uprooted people. The components of the Movement will frequently find that they need to interact with a range of agencies with a shared concern for one or other aspect of the assistance and protection of displaced people. Coordination will be needed in any large-scale operation. For example, in the case of large-scale movements of people, it frequently happens that one organization looks after the needs of people arriving in one area and another organization provides services in a neighbouring area. In the case of refugees, especially when national resources are limited, UNHCR as the UN lead agency will often take responsibility for
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coordination. Similarly, OCHA is tasked with the coordination of UN work with IDPs. There is no fixed pattern to coordination: each situation will have its own special needs. To be effective, coordination needs to include all the agencies concerned, including national and local authorities and nongovernmental organizations. Limits to coordination Coordination is a matter of management. Although important it must not give rise to conflict with the Movements Fundamental Principles. This means, in particular, that if there is any risk of a coordination arrangement becoming a policy forum, the components of the Movement may need to take part as observers only and to make sure that it is clear that the Movement cannot be associated with any statements or action that might appear politically partisan. When the Movement takes this stand, it needs to explain carefully to its partners that this is necessary for the maintenance of the impartiality, neutrality and independence of the Movement, which is vitally necessary if it is to carry out its protection mandate to the full. Donors and partnership arrangements The Movements own resources may not be adequate to provide protection or assistance to all displaced people. This means that, at times, funding may need to be sought from other agencies. Such partnerships will often be expressed in a legal document. This kind of relationship carries risks with it as the mandates of the donor and of the Movement may not to be the same. The components of the Movement need to be vigilant to ensure that they do not become committed to a breach of the Fundamental Principles or of Movement policies and practices. Each component of the Movement has strengths and assets that make it an attractive partner, giving it a strong negotiating position of which it should make the most effective use. Before any agreement is signed, it needs to be closely examined. It must comply with the Minimum Elements to be Included in Operational Agreements between Movement Components and their External Operational Partners (available at www.icrc.org). Often, amendments will need to be suggested. The components of the Movement have much to offer the funders, who should be prepared to accept reasonable and reasoned amendments to their standard forms. United Nations High Commissioner for Refugees (UNHCR) In emergency situations National Societies may need to enter into agreements with the United Nations High Commissioner for Refugees and thus become implementing partners of the agency. Agreed activities will then be partly or wholly funded by UNHCR. Some 80 National Societies are registered by UNHCR as implementing or operational (non-UNHCR funded) partners.
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It is the responsibility of each National Society to inform the League and/or the ICRC of any negotiations likely to lead to a formal agreement between the Society and the UNHCR. The League and/or the ICRC should be associated with the Society in the negotiations and concur with the terms of agreement. International Red Cross Aid to Refugees, Statement of Policy, 24th International Conference (1981) As mentioned in chapter 3, the requirement for a National Society to consult ICRC or the Federation before concluding an agreement with a UN agency has been repeated in Movement resolutions ever since 1981, most recently in 2003. A cohesive approach to external agencies is necessary for the Movement to have sufficient influence to ensure that its adherence of the Fundamental Principles is respected by others. In addition, donors will be more likely to support the work of the Movement if they see it acting in a coherent fashion. In order to maintain among the components a coherent approach that will preserve the Movements unity and independence, a National Society wishing to conclude a cooperation agreement with a specialized agency of the United Nations, shall keep the Federation and/or the ICRC informed. Agreement on the Organization of the International Activities of the Components of the Red Cross and Red Crescent Movement (1997) The relationship with UNHCR is a potentially a fruitful partnership for National Societies and if the Federation or ICRC are fully involved difficulties can be avoided. In recent years, UNHCR has been making considerable efforts to engage in a constructive way with its partners. For more about partnership with UNHCR from the agencys perspective see the aforementioned Partnership: An Operations Management Handbook for UNHCRs Partners. National Societys Agreement with UNHCR The UNHCR usually proposes to its cooperating partners to sign standard agreements, which specify special reporting and accounting requirements. Sometimes it can also be done by an exchange of letters or memoranda of understanding, laying down the main boundaries of cooperation. The key points to keep in mind while negotiating such agreements are listed below. - Wherever the National Society accepts to work on a UNHCRcoordinated programme as a partner, it should make sure that its independence and adherence to the Fundamental Principles of the Movement are respected; - The activities set out in the agreement must reflect the operational strengths of the Society. The National Society concerned should negotiate out any provisions of the agreement should it infringe the Fundamental Principles, the National Societys independence or policies; - Financial, human and material resources to be provided by both parties under the agreement must be clearly defined;
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- Responsibilities must be clear who is accountable for what and to whom; - If the National Societys internal reporting and accounting system need to be adjusted to the UNHCR requirements, appropriate equipment and training should be provided by UNHCR; - The National Society, Federation and the UNHCR should consult regularly to plan and assess joint projects. Any important decisions, having direct or indirect impact on the National Societys programme components, should be taken only in consultation and in agreement with it; - The Society should ensure that no agreement or sub-agreement with the UNHCR is signed by one of its local or provincial branches; - Should the Federation be involved in the programme, its specific responsibilities, distinct from those of the National Society, should be clearly specified in the agreement. The delegation will then co-sign the agreement. If the Government of the host country is involved, it may also be a co-signatory. Handbook for Delegates, International Federation (2002) Inter-agency initiatives In 1994 the Federation and ICRC, together with major nongovernmental organizations, agreed on a Code of Conduct for the International Red Cross and Red Crescent Movement and NGOs in Disaster Relief, setting out internationally agreed standards for humanitarian work. It fulfils two important functions: it is a model for behaviour for humanitarian workers and it is an effective tool when advocating on behalf of vulnerable people with governments and other actors. The Code of Conduct was endorsed by the Council of Delegates in 1993 and welcomed by the International Conference two years later, inviting all States and National Societies to encourage NGOs to both abide by the principles and spirit of the Code and consider registering their support for the Code with the International Federation. It comprises 10 Principles and three annexes. Principles: 1. The Humanitarian imperative comes first; 2. Aid is given regardless of the race, creed or nationality of the recipients and without adverse distinction of any kind. Aid priorities are calculated on the basis of need alone; 3. Aid will not be used to further a particular political or religious standpoint; 4. We shall endeavour not to act as instruments of government foreign policy; 5. We shall respect culture and custom; 6. We shall attempt to build disaster response on local capacities;
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7. Ways shall be found to involve programme beneficiaries in the management of relief aid; 8. Relief aid must strive to reduce future vulnerabilities to disaster as well as meeting basic needs; 9. We hold ourselves accountable to both those we seek to assist and those from whom we accept resources; 10. In our information, publicity and advertising activities, we shall recognize disaster victims as dignified humans, not hopeless objects. The annexes contain recommendations: to the governments of disasteraffected countries; to donor governments; and to inter-governmental organisations. The Code of Conduct is available at www.icrc.org and has been adopted by the Sphere Project and forms part of its Standards. The Sphere Project is an NGO and Red Cross and Red Crescent initiative to enhance the accountability of the humanitarian system and seeks to define the basic minimum requirements to sustain life with dignity. It has its own website: www.sphereproject.org. The projects Humanitarian Charter and Minimum Standards in Disaster Response (Sphere Handbook) anchors disaster response in international law and articulates the concept that there is a basic right to assistance as well as a right to deliver assistance. It sets out minimum standards backed by key indicators and guidance notes for: Water, sanitation and hygiene promotion Food security, nutrition and food aid Shelter, settlement and non-food items Health services
These standards are applicable to all population movement disasters. However, a note of caution is required for their application. An inability to meet a standard is no reason not to make an intervention in the first place. Secondly, it is quite often the case that an event such as a wellpublicised refugee crisis is more likely to attract funds than difficult circumstances of the local population receiving the refugees. Thus care must be taken that the Fundamental Principle of Impartiality is not breached by affording a higher standard of care to the refugee population than to the local population. The Reach Out project disseminates basic refugee protection knowledge by means of workshops targeting humanitarian assistance practitioners from NGOs and the Red Cross and Crescent Movement. The aim is to enhance refugee protection awareness, knowledge and skills of those persons responsible for the delivery of humanitarian assistance within NGOs, National Societies and the Federation and to improve operational co-operation with UNHCR. For more information, see www.reachout.ch.
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7 How is the basic approach put into practice?

Listening to people Displaced people may have endured terrible assaults upon their rights and their dignity. The Red Cross and Red Crescent Movement is committed to meeting their needs and to do so in a way that respects their dignity. This can only be done if the hopes and intentions of the people concerned are known and responded to. The only way to do this is to start by asking. Information will be needed about: their normal way of life means of livelihood and health conditions and about their culture and traditions; the level and nature of the disruption that has affected them, so that appropriate assistance and protection can be provided; and what capabilities they bring with them, so that assistance which undermines their self-reliance is not provided.
This applies as much to single isolated arrivals, to arrivals in small groups that are part of a large-scale movement and to mass arrivals. The local population also needs to be listened to: to hear about the real and perceived risks associated with the arrivals; to know the ability and the willingness of the local population to provide resources or assistance to the uprooted people; to learn about the normal way of life of the local population in order to avoid disrupting it and in order to ensure that, if necessary, the host community shares in any assistance provided to the uprooted people.
Careful listening is as likely to uncover surprising levels of resources among the displaced people as it reveals unexpected levels of need. It must be made clear that the point of the questions is to provide a full picture so that the most urgent and important needs can be met first and that only some if any problems will have an early solution. Listening is not a one-off activity. Peoples views do not remain constant and their willingness to discuss more difficult issues will change over time. In the case of people arriving in large groups, it will probably not be possible to talk to everyone. However, as many different people as possible should be consulted. In particular women (including single women), children, adolescents, old people, people from the full range of ethnic groups and religions, sick people and disabled people must be listened to. There also needs to be time to consult those who have special skills or knowledge. Religious leaders and health workers, for example, within the uprooted community may have valuable information and insights.
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Effective listening Preparation for listening The more you know about the situation the person you are talking to has come from, the better you will be able to target your questions. However, there are risks in preparation: your sources of information may be out of date or inaccurate for other reasons. You should never assume that you know what an uprooted person will answer. Active listening Listening is most effective if the person you are listening to knows that you are paying attention. You can make this clear by the way you sit (at their level; facing them; reasonably close); by the way you react (nods, small smiles at appropriate moments); by testing your understanding of what they are staying (Have I got this right? You are saying ) and by asking for supplementary information (I would be very interested to hear more about .). These techniques also increase your understanding of and ability to remember the information you are getting. Listen to yourself You are meant to be listening to them. Do not fall into the trap of speaking at length yourself. Listen to silence There could be all sorts of reasons why people do not speak when you ask them a question. It is usually best to wait a little to see whether they are just thinking. After a while, you could ask the same question in a different way. If that does not work, move on. There will be some things that people are not willing to share with you. Short, open questions Your questions should be clear, concise and open. Open questions are ones that need an answer of some length and which do not imply that one answer is better than another. Typical open questions start with what, which, how and why. More factual questions than opinion ones People normally find factual questions easier to answer. Also, you are less likely to misunderstand the information you get from factual questions than from ones about opinions.
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Consulting people In addition to listening to individuals, the uprooted people and the host community may need to be consulted in some form of public meeting. Such meetings, if approached in a constructive spirit by all concerned, can be a valuable means of communication, with the participants taking joint responsibility for the topics and style of discussion. However, formal meetings have limitations. The selection of representatives can be difficult. The representatives may use the meetings for political purposes. The meetings can become a forum for arguments about unrealistic aims rather than an opportunity for discussing the best way forward from among the feasible options. In centre situations it is common for the process of selecting representatives to be designed by the centre organizers and this often ensures that women are selected as well as men. However, their concerns are still often neglected. In addition there can be a complete failure to ensure representation for or address the concerns of minorities and the most vulnerable people. There may be power structures within the community that prevent representatives from speaking honestly. Whatever the views on the quality of the representatives, it is wise to continue to attend meetings with them. The extent to which this is useful (and therefore the extent to which Movement resources should be devoted to it) will depend upon the extent to which the group is truly representative and upon whether the leaders are able to find a constructive way to enter discussions. Remember that people have a right to choose the way in which they are represented. No particular structure should be forced on them. At the same time the claims of representatives to be a true expression of the views of the people should not be accepted at face value. Listening to individuals will provide information about the value to them of the more formal consultation process. Confidentiality There is no such thing as total confidentiality and care should be taken when making claims to respect it. Collecting or keeping sensitive information should be avoided where it is not necessary. When registering people or collecting personal information for any other reason it is most important to make sure that only information that is really required is collected, that it is kept in a secure manner and that it is only shared with people who need it to provide assistance or protection. If information has to be collected, the person concerned should normally be informed about: why it is being collected; who else will have access to it, and why;
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how he or she the owner of the information can inspect it, correct it or withdraw it; and that, if the information concerns crimes against people or serious property crimes, it may be necessary to inform the authorities.
If personal information is shared with another organization, it must be ensured that the other organization will also keep it secure and private. The owner of the information must be informed if : there is a requirement to share the information with authorities; the information has been stolen; or there is a plan to share their information with other organizations this is particularly necessary if humanitarian agencies share information with human rights organizations.
Particularly vulnerable people As noted above particularly vulnerable people can be neglected in general consultation arrangements. Attention is needed to ensure, first and foremost that they are not separated from any existing carers and secondly to make sure that their special needs are catered for. Less visible vulnerabilities such as those based on ethnic or caste discrimination are difficult to identify and need special attention. Discrimination The word discrimination is used here in the sense of unfavourable or unfair treatment of someone, or a group of people, based on some characteristic of the person or group. Common forms of discrimination in the world include those based on gender, sexual orientation, class, age, race, ethnicity, religion, disability and nationality. Discrimination is closely related to prejudice. Someone is prejudiced when they hold irrational opinions about people who belong to another group in society. If people are allowed to act on the basis of their prejudices, the result will be a form of discrimination. Discrimination also appears in an organizational context. Even though everyone within an organization should have their prejudices firmly under control, it is still possible for the operational methods of the organization to result in discrimination. This institutional discrimination is insidious and more difficult to control than the more personal forms. Discrimination in all its forms is unacceptable. It must be overcome both at the personal level and the organisational level. From the earliest days, the Red Cross and Red Crescent Movement has set itself against discrimination. Non-discrimination is the greatest of Red Cross principles, after that of humanity, to which it is in any event related. The principle of
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humanity has its starting point in human suffering. It is this suffering which inspires the charitable action and determines the form it takes. The solicitude of the Red Cross cannot submit to limitations; it extends to all beings whom we recognize as our [fellows] because of the common nature we share with them. In its relations with those in need of assistance, whoever they may be, the Red Cross will show an equal readiness to be of service. The Fundamental Principles of the Red Cross: commentary, by Jean Pictet, Henry Dunant Institute (1979) More recently, the inalienable, universal and indivisible nature of human rights and the consequent unacceptability of discrimination have been generally recognised. It should also be noted that violations of human rights are often what cause people to become uprooted. It is imperative that they do not face further violations when they have fled. Racism and racial discrimination exist in varied forms and to varying degrees in all regions of the world. The struggle against them therefore has an international character even if in the case of countries subject to these scourges methods adapted to each of them are required for their elimination; all the members of the International Red Cross should, therefore, join in this common struggle. Through their action, all the members of the International Red Cross should be a living example of an attitude opposed to racial discrimination. Plan of Action of the Red Cross in the Struggle Against Racism and Racial Discrimination, XXXIInd Session of the Board of Governors (1973) Moving and displaced people are at particular risk of discrimination. For refugees, discrimination is prohibited by the Refugee Convention. Article 3. Non-discrimination The Contracting States shall apply the provisions of this Convention to refugees without discrimination as to race, religion or country of origin. Convention relating to the Status of Refugees (1951) as amended by the Protocol relating to the Status of Refugees (1967) There is a growing realisation that for their credibility and self-respect, organisations need to be sure that they observe the principles they espouse within their own work. All components of the Movement are committed to combat discrimination and it would be inconsistent for them and incompatible with the Fundamental Principle of Impartiality not to strive to eliminate discrimination in their own structures and within their staffs and volunteers. To achieve this, National Societies need to set up systems for checking that the composition of their staff and volunteers at all levels is balanced between men and women and reflects the social, ethnic and religious distribution in their country. National Societies will also need to conduct a review of their training work in order to ensure that
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everyone involved understands the need for diversity and the challenges involved in combating discrimination. The Movement also has a responsibility to carry out advocacy with governments on diversity and public awareness work combating discrimination. More actions are outlined in the Annex of the 2003 Council of Delegates resolution Promote Respect for Diversity and Fight Discrimination and Intolerance (available at www.icrc.org). Advocacy Advocacy may be necessary at the fundamental level (in advocating, for example, for international law to be respected or for the Movement to get access to detained asylum seekers) or at a very practical level (for example, in connection with the reunification of families). Advocacy can help to prevent or minimize the causes of vulnerability. This is better for people (and, usually, more efficient) than providing assistance after people have become vulnerable. The Red Cross and Red Crescent Movement, at all levels, is in a strong position to engage in advocacy. It has an exceptional wealth of expertise and field-based experience on which to base its positions. Good working relations with governmental and international officials and with the staff of NGOs enables all components of the Movement to undertake advocacy on a wide range of issues. In addition, each component of the Movement has some form of special recognition: ICRC and the Federation have permanent observer status with the United Nations. The mandate of ICRC is founded on international humanitarian law. National Societies are recognised by their governments.
States that are party to the 1949 Geneva Conventions participate in the International Conference of the Red Cross and Red Crescent. This means that they recognise the validity of the resolutions it adopts. The Movement prefers a non-confrontational form of advocacy (persuasion rather than confrontation). This is because the Movement, in order to be effective, needs to work with decision-makers in a variety of ways, it preserves access to the vulnerable people on whose behalf advocacy is made and reduces the risk of the neutrality of the Movement coming into question. However, non-confrontational advocacy always carries a risk that it will be perceived as failure to advocate at all. Non-confrontational advocacy consists of presenting key individuals with factual information and with carefully argued cases for change. Any criticism needs to be about the results of policies, not about the policies themselves and, most particularly, not about the people who make the policies. It can be directed at the people who actually take decisions and
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also at their colleagues and advisers and at other people with some influence, such as parliamentarians Advocacy is most effective when it is focussed. At any one time, a very small number of specific changes need to be identified, researched and argued for. The simpler the change called for, the easier it will be for the issues to be understood and for appropriate adjustments to be made. If several voices press the same message on decision-makers, there is a greater chance that the message will be acted on. In some cases, therefore, advocacy is strengthened by working jointly with other organizations. Public awareness work and training to promote international humanitarian law can create an environment in which the Movements arguments are more likely to be understood and acted upon. Advocacy may need to be coordinated within the Movement. In cases of doubt, the Federation, ICRC and/or the Secretary-General of the National Society should be consulted.
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PART II THE PHASES OF DISPLACEMENT
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8 Prevention and preparation

Background This chapter deals with issues that arise when there is a risk of population movement in the future. The Red Cross and Red Crescent Movement is well placed to respond to early warnings: its presence everywhere from village to international meetings gives it special knowledge about emerging problems of all kinds and the ability to assist in the resolution of such problems; its neutrality gives it the ability to talk to all parties; and its established methods of solidarity between its components and between National Societies give the ability to plan for a fast response to emerging disasters of all kinds.
This brings with it a responsibility to carry out prevention and risk reduction activities. It allows time for contingency planning, including discussions with the authorities and for identifying potential donors. Prevention The role of the Red Cross and Red Crescent Movement includes a responsibility to reduce or resolve the issues causing an early warning. In the case of potential conflict, ICRC has a lead and coordinating role. - recommends that in cases of armed conflicts or of situations which are a threat to peace the ICRC shall, if necessary, ask the representatives of the National Societies of the countries concerned to meet together or separately with the ICRC to study the resolution of humanitarian problems involved and in agreement with the Governments concerned to examine what contribution the Red Cross could make to preventing the outbreak of the conflict or achieving a ceasefire or cessation of hostilities, - recommends the National Societies to comply with the request of the ICRC and give it all desirable cooperation in this field. 21st International Conference (1969) All components of the Movement have their own contribution to make by organising their work in ways that build the links between opposing factions rather than emphasising the differences between them. The Federations Better Programming Initiative (BPI) gives ideas for achieving this (see www.ifrc.org). Sometimes the threat of human rights abuses and violations of international humanitarian law can be reduced by the presence of outside organisations. The location of staff and volunteers could be reviewed to provide a presence where it is most helpful. Patterns of human rights abuse can be raised with human rights organisations at all levels from the very local to the United Nations, but
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care needs to be exercised that access to the people concerned is not compromised. This is a matter that requires careful judgement. Contingency planning The challenge in a changing situation is to carry out contingency planning at a level which is realistic but which diverts a minimum of resources from definite, current needs. One part of the secret to success lies in designing flexible response systems. Another part is a willingness to contribute to and benefit from international solidarity in an open and straightforward manner by sharing information and by being prepared to make joint plans. Contingency planning which includes unrealistic political or financial assumptions is a waste of time and goodwill. The Federations Vulnerability and Capacity Assessment (VCA) process is a useful diagnostic and planning tool. A comprehensive guide has been produced to aid with the VCA process (see www.ifrc.org). The Sphere Handbook should also be consulted (see chapter 6). A vulnerability assessment is an ongoing process to be started ideally, during the quiet times between disasters. It should address risk and those long term factors which make people more vulnerable to a hazard. There should be no sharp distinction between disasters and day-today problems; the latter are more serious for the large majority of the people served by National Societies. It is carried out pre-disaster as a technique of disaster preparedness. It is distinct from needs assessment which is a post-disaster activity (see later section). Vulnerability assessment is an integral element in the wider process of risk assessment, which includes the following elements: hazard mapping, resource assessment, loss estimation, deciding on levels of protection as well as vulnerability assessment. Vulnerability and Capacity Assessment Toolkit, International Federation (1996) The focus of the contingency plan should be on people covering both the people at risk, their characteristics, capacities and potential needs; and also staff and volunteers, their skills and training needs. It may be necessary to build up appropriate human resources. Their development is a slow process and training for staff and volunteers needs to be done before uprooted people start to arrive. Contingency Planning We need to know: - What is the risk? - Where does it apply? - Who would be affected? - What are their capacities and potential needs and vulnerabilities? - What are their characteristics (way of life, main means of subsistence, special needs)? - Which route is most likely for any displacement?
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- What water, food, shelter, health care would be available along that route? - Who lives along the route? - What are their characteristics? - Which other agencies would be available immediately? - Which other agencies would be available eventually? - What would our best response be ensuring the best possible cooperation with other agencies? - What other information do we need to collect? - What, if any, supplies do we need to pre-position? - What training (for example in planning, managing and delivering assistance) should we organise for staff and volunteers? - When do we need to check the plans again? Often the people at risk know better than anyone else when a large-scale movement is imminent. Although they may not express this in words, their patterns of economic activity may change, for instance by reducing the price they ask for their produce or by selling assets such as livestock or tools. Local knowledge and instinct will indicate potential problems developing nearby. Early signs include: persistent reports of human rights abuses; increasing political/ethnic/religious tension; a slow but increasing flow of people; unusual market movements; crop failure or drought; and, perhaps warnings from seismologists or volcanologists.
Plans should developed for possible movements of people in stages: The first stage is the inclusion, in general planning work, of an analysis of possible risks. The second stage is the appointment of particular member of staff to have responsibility for monitoring the situation, and the response of other agencies, for making and regularly revising outline contingency plans and for ensuring that senior staff are kept informed on a regular basis and alerted when more developed contingency plans may be needed. The third stage is the production of detailed contingency plans, the carrying out of any necessary training and perhaps, the prepositioning of key supplies.
Within the Movement, planning for new displacements is carried out at all levels but, in the face of the vast number of risks at the global level, the ability of international or regional structures to collect and process
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information is limited. National Societies perhaps in cooperation with their immediate neighbours have to carry out their own assessments. This is also the time to build relations with other components of the Movement and with other agencies so that cooperation can be based on a good understanding of how the risk is perceived, of what resources would be available and of who would do what.
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9 Transit and arrival of people

Background This chapter deals with the response of the Red Cross and Red Crescent Movement to the needs of people in transit and at arrival. As soon as possible people should be receiving the assistance described in the next chapter. The Movement is well adapted to respond to transit and arrivals because: it is universally present; it has established contacts with local and national authorities; it can draw upon reserves of supplies and workers; and its solidarity and coordination networks are tried and tested.
The Movement needs to be ready to respond to individual arrivals as well as to those involving thousands of people. Whatever the scale, the needs of displaced people should be uniformly assessed. Large-scale arrivals, however, will need different organisational responses from those used in the case of an individual arrival. In some cases a National Society may not be aware that people are arriving or passing through its territory. Invisible moving and displaced people are at particular risk and any National Society that could be on their route should take active steps to make sure that it responds to any needs. People arriving are likely to do so in groups. Some including some minors will be unaccompanied; some will be complete family perhaps extended family groups; some will be single-parent families; some of the groups will contain people with disabilities or acute health problems; some will be hungry and thirsty; and some will be in good physical condition. A proportion of them will be especially vulnerable through age, gender or disability or as a result of rape or torture. All uprooted people will need protection both for maintaining or regaining rights and against further violations. When the uprooted people arrive with any assets, particularly with livestock, their efforts to preserve these must be respected and supported. Responding to transit and arrival is a fine balance between the need to provide a fast response and the need for careful planning and coordination. People may be in urgent need of assistance and a rapid, needs-based, response is critically important. However, if they are not thought through carefully, decisions taken at this stage can lead to problems in later stages. The first priority in this phase is action to respond to the needs of the people as they arrive. This needs to be linked to and may overlap with
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a rapid needs assessment. Throughout there will be a need to ensure cooperation with other actors to ensure a rapid and sufficient response. Actions Some of the areas in which an assessment is likely to reveal needs are the following: Protection The physical safety of displaced people is vital: If fleeing conflict, there must be protection from the risk of the conflict reaching their location If fleeing persecution, there must be protection from being returned or sent to any place where they are at risk of further persecution (non-refoulement). If fleeing natural or man-made disaster, they need to be protected from further or new risks.
If their physical safety cannot be ensured people may need assistance to move further. However, further movement should only be undertaken when really necessary. For exhausted people, it can be life threatening. This can be mitigated by the provision of transport assistance, water, food and medical support during such movement. There is also a need to reduce the risk of further separation of families and any transport offered must provide for whole family groups rather than individuals. Other protection issues that can arise concern uprooted people who are detained by the authorities. No civilian should be subject to arbitrary detention (for more on this issue, see chapter 13). Asylum seekers arriving individually or in small groups need to get access to an asylum or refugee status determination procedure without delay.
Individual arrival: Checklist

- Help arrange or locate legal counselling for an asylum seeker. - Monitor, or call on organisations that specialise in refugee law to monitor, the asylum seekers case. - Assist asylum seekers in obtaining information on: - his/her rights; - how to apply for asylum; - how to reunite with his/her family; - how to obtain travel documents; - refugee community groups. - Lobby for fair and expeditious status determination procedures. Insist that qualified officials conduct the interviews and that female asylum seekers are interviewed by qualified female officials.
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- Monitor asylum seekers in detention; lobby for use of alternatives to detention. - Monitor childrens rights upon arrival. Protecting Refugees: A Field Guide for NGOs (1999) Moreover, displaced people should be free to move and to settle where they choose. If centres are opened they should be an opportunity for uprooted people, not a form of detention. The authorities should not prevent people leaving the country in order, for example, to seek asylum elsewhere. There may be a need to advocate on their behalf to ensure that their rights are respected. Tracing and restoring family links It is never too early to start work on restoring family links. However, it may be complicated if the uprooted person concerned is still moving and therefore does not have a reliable return address. When this is the case, one approach is to encourage the person to send a Red Cross message (RCM) to a relative who is not in the area affected by conflict, persecution or disaster, asking them to inform everyone and to wait for further news before replying to the displaced member of the family. Distribution areas or common spaces are ideal opportunities for families to post messages or for lists of people to be displayed in order that family links can be restored. Opening tracing files at this stage is not a good idea as the result is likely to be a large number of unresolved cases. The emphasis should be upon providing facilities for people to get in touch with relatives and providing lists of who is where. Mobile or satellite telephones can be used for such purposes. The World Wide Web is also a medium that can be used for posting lists of people (see www.icrc.org/familylinks). It has the added advantage of being available to residents in distant countries who it may be difficult (and expensive) to contact by other means. In addition, as much impartial and reliable information as possible about developments in the place of origin of the displaced people should be made available. Water Water is the first and most important survival need of people. It must be ensured that an adequate supply of drinking water is available at all times. The Sphere Handbook has considerable guidance to offer (see chapter 6). Advice can also be found in the UNHCR Handbook for Emergencies (available at www.unhcr.ch). The amount of water needed varies with the circumstances. The Sphere Handbook suggests survival needs of 2.5-3 litres per person per day. Simplified table of basic survival water needs
Survival needs: water intake 2.5-3 litres per day (drinking and food) Basic hygiene practices 2-6 litres per day Depends on: the climate and individual physiology Depends on: social and
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cultural norms Basic cooking needs 3-6 litres per day Depends on: food type, social as well as cultural norms
Total basic water needs
7.5-15 litres per day
Humanitarian Charter and Minimum Standards in Disaster Response (Sphere Handbook), The Sphere Project (2004) These estimates are based on the needs of people who have reached some form of temporary refuge. People who have just arrived or who are still on the move will need more. Start by protecting existing water supplies from the risk of pollution that comes with the arrival of additional people. If necessary establish new collection/storage facilities using local supplies and simple technologies. If neither of these yields sufficient acceptable water, consider setting up a system of transporting additional water, but avoid disturbing the existing systems and methodologies by which local people live. Sanitation Even when assisting small numbers of displaced people, getting sanitary facilities organised in an adequate, hygienic and culturally acceptable way is important because of its contribution to water quality and preventative health in general. It is also important for its role in preserving dignity. As with water, guidance can be found in the Sphere Handbook. There is also useful information in the Federations Handbook for Delegates. This is the area where the involvement of the uprooted people is essential. If they are unhappy with the design or location of the toilet arrangements, they may make their own arrangements. This consultation needs to be carried out carefully so that the views of all sections of the uprooted population are heard. Women, in particular, may have safety concerns about the security and location of latrines. These may be eased if latrine sites can be lit at night. Food The provision of food is less urgent than water or sanitation. However, attention should be paid to: populations moving often expend considerable amounts of energy. While they may be carrying some food stocks, they are often unable to prepare them. Consideration should be given to provision of food that does not require preparation; malnutrition, especially among children under five years of age; the special needs (physiological) of those that may be particularly vulnerable such as old people, nursing mothers, pregnant women, adolescents, young children and babies; the sale of assets by uprooted people to purchase food or other essential items;
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the risk that hungry people will undertake risky behaviour, such as prostitution, stealing food from other refugees or the local population or obtain food in ways that damage the environment; the setting up of hygienic market areas, which help the displaced population diversify food commodities; the selling of food commodities distributed. This does not indicate that too much food is being provided, but is an indication that the displaced people have identified other needs which they can fulfil by selling some of their food ration; the need to establish when time and circumstances allows more sustainable approaches to food provision. For example, restarting farming activities amongst a rural uprooted population; the fact that food distribution can cause security risks to both the displaced population and the staff and volunteers of a National Society.
During the transit and arrival phase, it may be necessary to improvise response according to what is available either from food stocks that have been pre-positioned or that can begged, borrowed or bought locally. The logistics of food aid are much more important during the next phase. In many refugee situations National Societies act as a partner to UNHCR. Since UNHCR has a Memorandum of Understanding with WFP with regard to food provision, it is normally not necessary for the National Society concerned to purchase food as it will be made available by WFP. The role of the National Society tends to be the distribution of food. Useful reference texts are indicated in following chapter. Shelter In the early stages of an emergency, shelter will normally be provided in public buildings such as halls, schools or religious buildings. More permanent arrangements are considered in the next chapter. In July 2002 Guinea was expecting a new population movement from Liberia. As part of its preparation, the Red Cross Society of Guinea in cooperation with both the Federation and ICRC set up a network of small scale volunteer teams, which it called Groupes dAlerte de Premiere Urgence (GAPU). These were first called into action when people started to flee the conflict in Cote dIvoire in September 2002. GAPU were implemented at 15 points close to the border and assistance was provided to the mixed population that arrived at the land border between Guinea and Cote dIvoire. In the first six months these teams had helped some 111.000 people. GAPU activities included reception, temporary accommodation (blankets and mats made available, wells and latrines dug), food and water distribution, tracing and first aid. They have also proved effective
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in re-activating branch networks and in improving the public image of the Red Cross Society of Guinea. Health and mental health issues The priority needs during arrival and transit are likely to include exhaustion, wounds and acute health problems (such as measles and tuberculosis). To the greatest extent possible work should be undertaken through national health authorities. People should be consulted as they arrive, especially any health workers among them, about the health problems of the area they have come from so that appropriate action can be taken to control the spread of disease. Urgent preventative health measures may also be called for for example to provide bed netting in mosquito invested areas. Needs assessment Assessment is an important component of any population movementrelated programme or project. Assessment provides the information on which operational decisions are made. The accuracy of information is affected by many factors, including: Time: If information is needed urgently the assessment must focus on a small number of informants and a representative selection of affected sites. Access: It may be impossible to visit all affected sites because of physical constraints (impassable roads etc.), political constraints (authorities impose restrictions on travel), or security constraints (it is unsafe to visit some sites).
Numerous other, context-specific, factors affect accuracy. In order to gather the best possible information under a given set of constraints it is necessary to be systematic and rigorous. The Federations Guidelines for emergency assessment (available at www.ifrc.org) provide advice on this subject, dividing the assessment process into three phases: Office-based tasks. Field work. Analysis.
Office-based tasks are undertaken before going to the field. They include the following: Objectives: Terms of reference are drawn up, specifying what is expected from the assessment. Coordination within the Movement and with other agencies: Will assessments be carried out jointly with other agencies or will coordination be limited to review of each others assessment reports? Assessment team: The structure of the team depends upon the circumstances and the available resources. In urgent situations it
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is usually better to carry out a quick assessment using generalists than to wait until a full multi-disciplinary team can be assembled. Secondary information: This comes from previous Red Cross and Red Crescent reports as well as those of other agencies, governments, academic institutions etc. Secondary information is particularly important in rapid assessments where it is not possible to visit all affected sites or interview a full range of informants. Identification of areas to visit: This involves the selection of representative areas. Again, it is particularly significant when time and access are limited.
The main decision when planning field work concerns the choice of quantitative or qualitative assessment methodologies. In most emergency assessments qualitative approaches are appropriate, as time and access constraints reduce the feasibility of collecting reliable quantitative information. Moreover, particularly in refugee situations, much of the required information is likely to be of a sensitive nature and therefore unsuited to a simple question and answer format. An openended interview technique is generally used; the guidelines provide a Vulnerability and Capacity Framework which can be applied to most populations affected by emergency. The guidelines also provide checklists of sector-specific information that can be collected by generalists provided that they can identify suitable key informants. The table below gives the sector-information of most direct relevance to displaced people: Subject P1 Are the rights of internally displaced people (IDPs), asylum seekers, refugees and the local population respected? Indicative information If not, give details of relevant law or principle and its abuse (e.g., the Guiding Principles on Internal Displacement, the Refugee Convention, etc.).
P2
Are IDPs, asylum seekers or If yes, give details (e.g., principle of refugees at risk of being non-refoulement). forced to return, relocate or resettle against their wishes? Have families been separated? Are there unaccompanied minors? Is registration of displaced people undertaken? Are people subject to physical, sexual, genderbased or psychological abuse, intimidation or insecurity? Are some individuals or Give numbers, locations, details of registration process. If yes, give details of procedure. Give numbers and details of vulnerable groups.
P3
P4 P5
P6
Give numbers and details of
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groups subject to discrimination? P7 Is there a problem with the management of human remains? Is there a risk that people are being buried without being identified?
vulnerable groups. If yes, give details.
Possible sources of information include local authorities, humanitarian organizations (local and international), religious leaders, lawyers, human rights organizations, health and social workers, and communities (particularly women and children). Analysis is a continuous process. People undertaking assessments should always think about the information as they collect it. They are thereby able to quickly identify and cross-check inconsistencies and discrepancies. Regular comparison of information amongst teammembers (preferably twice a day) serves the same purpose. Regular team meetings also encourage a reflective and flexible approach to assessment. While it is important to have a clear plan when embarking on a field assessment, it is equally important to be able to adjust schedules and procedures as new, unexpected factors emerge. As information is collected it is analysed on the basis of vulnerabilities and capacities. Which populations are vulnerable and what, specifically, are they vulnerable to? On completion of field work, the assessment team meets to agree upon conclusions and proposals for action. The team leader prepares the assessment report. Assessment is not a one-off event. Rapid assessments do not provide a full analysis due to the constraints alluded to above. Moreover emergency environments change continually. Rapid assessments provide the vital information that allows the first phase of intervention to be planned. Rapid assessments should always be followed up by detailed assessments and these should be repeated at regular intervals until the situation stabilises. Stabilisation does not, however, mean that the assessment process finishes. Red Cross and Red Crescent workers should always observe the social and physical environment in which they work. This enables them to identify changes (rapid or gradual) and acts as a vital element of disaster preparedness. Coping with large numbers of people In exceptional cases large numbers of people arrive with little warning, making it difficult to get them quickly to the care and maintenance phase. The impact on the local population and environment can be mitigated by setting up some kind of temporary centre for the new arrivals. Any such emergency centre should have a planned closing date.
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Because Iran is particularly subject to earthquake and flood, the Iranian Red Crescent Society pays particular attention to preparation for sudden needs to look after large numbers of displaced people. At any one time, every regional branch has in hand sufficient supplies to care for 1% of the population of its region. The Iranian Red Crescent Society has a standard procedure for setting up a camp. They have detailed training exercises for large numbers of volunteers. When a camp is needed, it is managed by staff with virtually all other tasks being carried out by volunteers, who serve for a fixed period before being replaced. No camp is maintained for longer than a month. This is based on a commitment from the authorities to find more lasting arrangements within that period. Many of these volunteers are young people. The experience of working in a camp, especially the contact with children, is very rewarding for them and in some cases shapes their future careers. It should be noted that the setting up a centre can have consequences for: protection work UNHCR Executive Committee Conclusion No. 22 (available at www.unhcr.ch) sets out some issues; water distribution the Federations Handbook for Delegates has advice for this; the distribution of supplies, especially food and fuel there is also advice on this in the Handbook for Delegates; shelter the need to use locally available materials, perhaps supplemented by plastic sheeting if available.
A response that is not carefully considered can create protracted situations and dependency and can lead to environmental degradation and/or unfavourable reactions by the host community. Cooperation As far as possible, the first response should be based on the normal provisions of the National Society and the existing social welfare and reception systems available in the country. It should have the potential to develop without interruption into more permanent arrangements. If this is not possible as may be the case in arrivals on a large scale a National Society will be able to draw upon support from other components of the Movement, in particular through the Federations regional arrangements.
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10 Care and Maintenance

Background Displaced people often need some temporary arrangements for their protection and welfare until lasting solutions can be found. These temporary arrangements frequently continue for a long time. It is not unknown for people to remain in a situation that is officially temporary for decades. However well managed, this phase is a distortion of normal patterns of life for the uprooted people and for the local population. Some impact positive or negative on the host community is inevitable. It is important that negative impact is limited, that any improvements are sustainable and that any disadvantages for the community are minimised. During this period uprooted people need access to: protection; food and water; housing; communications with family members; health services; education; advice and information about the host community; legal counselling; the opportunity to engage in meaningful activities, especially economic activities.
Displacement resulting from armed conflicts can bring the Movement into contact with armed elements within the displaced population. The presence of such elements threatens the civilian nature of asylum. The care and maintenance phase should be seen as a dynamic process which, if allowed to stagnate, will reduce opportunities for finding solutions. Throughout the phase, the balance between responding to urgent needs and finding longer-term ways of reducing vulnerabilities needs to be constantly reassessed. If significant numbers of people are involved, care and maintenance needs are often provided within a centre setting (public buildings or camps). This adds to the difficulties of ensuring self-reliance of the displaced people concerned and involves longer term financing risks. An alternative is the provision of accommodation within the local population. Within any population the needs will vary. Careful attention must be given to particularly vulnerable people. On many of these issues the Movement will need to undertake extensive advocacy in addition to providing direct assistance.
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During the care and maintenance phase there is an opportunity and a responsibility to plan carefully and consult widely. The Sphere Handbook is essential at this stage (see chapter 6). Minimise distortion Any displacement represents a distortion of the previous life of the uprooted people. Often they will be worse off than they were originally. In some cases, however, they will have a higher standard of living. On the one hand there is a need to provide services that meet international accepted standards of welfare. On the other hand depending on the circumstances provision at this level might risk prolonging displacement and consequently delaying return and reestablishment of normal life. It can even provide an inducement to movement a pull factor. The needs of uprooted people during this period should be met in ways that cultivate their self-sufficiency, respect their dignity and avoid creating dependency. Arrangements that undermine peoples ability to return or to support themselves must be avoided. Careful and persistent advocacy may be needed to ensure full respect for the dignity and longterm needs of the uprooted people. Distortion will also arise for the host community. Often the best way of working is on the basis of the existing economic and social systems of the host community or the system used in the place of origin (particularly for education in large scale displacements). In any case, close consultation will be needed with the local authorities to reduce as much as possible the distortion of local systems. These issues underline the need for careful planning of work with moving and displaced people. The Federations Better Planning Initiative (BPI) provides useful guidance on ways of ensuring that the impact of activities is positive (see www.ifrc.org). Providing protection Displaced people continue to have protection needs until they have found a durable solution to their plight. This is primarily the responsibility of the government of the country in which they find themselves. In addition, UNHCR or ICRC have mandates for particular aspects of protection (see chapter 5 and 6). As a neutral and independent humanitarian institution, the ICRC offers its services whenever refugees and displaced persons are in need of the specific protection which the ICRC may afford them. International Red Cross Aid to Refugees, Statement of Policy, 24th International Conference (1981) However, protection needs careful attention by everyone and in all plans. The key guide here is Protecting Refugees: A Field Guide for NGOs (available from Forced Migration Online (FMO) at www.forcedmigration.org).
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It should be noted that weak and vulnerable people may have special protection needs.
Asylum: Checklist
- Help refugees organise themselves. - Conduct information campaigns to alert refugees to their rights and responsibilities under national and municipal laws. - Monitor to ensure authorities respect refugee rights. - Monitor asylum seekers and refugees for possible rights violations by authorities and individuals of the country of refuge. - Inform the local population about refugees and their rights. - Foster a dialogue between the refugee community and the local population. - Ensure that assistance to the refugees does not drain already-scarce local resources. - Create projects that benefit the local community as well as the refugee community. In camps and settlements - Help ensure that the layout, location and infrastructure of the camp are designed to protect camp residents (e.g., that latrines, water and fuel collection points, medical facilities, etc. are within easy, safe access to all; and that camps are well-lighted). - Ensure that women are included as initial points of contact for emergency and longer-term food distribution. - Consider alternatives for dealing with conflicts within camps or settlements, such as conflict resolution activities or possibly relocating individuals. - Alert UN agencies if there is evidence of militarisation of camps or settlements. - Lobby for security in the camp including guards and for relief workers and convoys. - Provide education about and work to eliminate harmful traditional practices. - Encourage the appropriate authorities to investigate and prosecute people who commit crimes against the refugees. For dispersed asylum seekers and refugees - Make sure dispersed asylum seekers have access to concerned authorities and organisations. That is the first step towards protecting them. - Help regularise the legal status of asylum seekers by informing the appropriate authorities and UNHCR of their existence. Ensure that asylum seekers know of the need to go through the refugee status determination procedure.
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- Monitor refugees for possible rights violations. This is especially important in remote areas or in places where UNHCR and NGOs may have little or no presence. - Assess the refugees social needs, such as education and support for the elderly. Protecting Refugees: A Field Guide for NGOs (1999) Registration Registration of displaced people may be needed for one of three reasons: assistance, status determination, and/or protection. Registration for assistance There must be a system for recording who is getting the assistance provided and to ensure access to assistance for those in need of it. Only basic information genuinely needed should be recorded. Registration for assistance is dealt with in the Federations Handbook for Delegates. Registration for status determination The Movement may assist the authorities or UNHCR in carrying out registration for refugee or other legal status determination. However, registration for status determination is not a Movement activity. The Red Cross/Red Crescent registration of beneficiaries for distribution should not be confused with registration done by the UNHCR or the Government. The latter may have legal implications for the status of a registered person (such as right of asylum, repatriation or resettlement in another country, etc.), while the Red Cross registration simply entitles the registered individuals to a fixed amount of relief supplies within a set period of time. Handbook for Delegates, International Federation (2002) Where a component of the Movement becomes involved in registration for status determination, the rules are: Make it clear to all concerned who is responsible for the registration and why it is being carried out. Do not hold the information. Pass it direct to the agency concerned.
UNHCR has published a Handbook for Registration (relevant to all types of registration of displaced people), providing guidance on registration, documentation and population data management (available at www.unhcr.ch). Registration for protection Registration is a protection tool. It can help to protect individuals or groups of individuals from refoulement, forcible recruitment and disappearance and from becoming separated (including children risking
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separation from their families). It may also protect unaccompanied and separated children from abuse, including human trafficking. Delicate judgements are necessary about the sort of information needed and the risks of it falling into the wrong hands and being used to facilitate precisely what it is designed to prevent. There is always a risk that by court action or by theft control of the data will be lost and be misused for example for discriminatory refoulement. Information on individuals is particularly sensitive. Many countries have data protection legislation that dictates what may or may not be done with information collected and requires the prevention of unauthorised access. Such requirements need to be understood and observed. Personal information no longer needed should be destroyed. Computer records should be removed with a secure programme. Just deleting the file in the normal way does not destroy the information. Some information is sensitive even without names. For example, if records show where there are concentrations of boys and young men, there may be risk of conscription or abduction by armed groups if the information is misused. Registration will facilitate subsequent tracing work. Registration for this purpose will normally be carried out on the basis of family groups, with the name and sex of each household-head and the number, sexes, relationships, names and ages of family members clearly indicated. This information needs to be carefully collected and verified. In particular, if children seem to be close in age, there is a need to ensure that they are indeed the children of the same parents. Often children travel with relatives or with unrelated families who are taking care of them. If this is not recorded correctly, it will be more difficult to organise any family reunification at a later stage. Registration activities need to be kept strictly to what is necessary. Unless there are concerns about confidentiality, consideration should be given sharing results with other agencies, to avoid multiple registration processes. ICRC has extensive experience of keeping personal information secure and should be consulted whenever necessary. AGENCY-INDUCED SEPARATION agencies themselves may be responsible for causing both accidental and deliberate separations by not attaching sufficient importance to family unity. At worst, this can result in agencies setting up forms of institutional care which then receive children who do have parents or other carers, which fail to document children adequately and do not make strenuous attempts to enable the child to return. Other typical examples of situations where intervention by outside agencies contributes to child separation include: - badly-organised population movements, careless policies for the movement of children;
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- inadequate record-keeping by the agencies providing emergency assistance; - removing an apparently unaccompanied child from a situation without adequately investigating the child's circumstances and not keeping records; - evacuation that does not follow guidelines [Evacuation of Children from Conflict Areas: Considerations and Guidelines (1992)]; - taking children to residential centres without following the correct procedures for documentation or liaising with specialist child-care agencies; - fostering or adoption that does not follow guidelines; - activities on the part of hospitals and health centres may lead to family separation. These include: - parents may be admitted for treatment without their children and without having made arrangements for the care of the children; - parents may not be able to stay with children who are admitted for treatment; - parents accompanying sick children may have other children at home who have been left unattended. Separated Children, Action for the Rights of Children (2001) Food, water and housing These issues are all fully covered in a range of publications, including the Sphere Handbook, the Federations Handbook for Delegates and the UNHCR Handbook for Emergencies (available at www.unhcr.ch). Restoring family links Tracing work is complicated if people are still on the move. In the care and maintenance phase displaced people have a reasonably fixed address. High priority should be given to helping families re-establish contact with each other. Many National Societies already have established tracing services, which can be called into action. Others should approach ICRC, which has the coordinating role for tracing linked to conflict or the Federation which deals with disaster-related tracing. ICRC has the power to issue travel documents when crossborder reunion is involved. ICRCs publication Restoring family links: a guide for National Red Cross and Red Crescent Societies promotes a common Movement approach to restoring family links broken by conflict and natural disaster. It includes advice on refining tracing tools, including new technologies, and describes the legal basis for tracing work. The Central Tracing Agency of the ICRC is also always ready in cooperation with National Societies to act in aid of refugees and displaced persons, for instance by facilitating the reuniting of dispersed families,
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by organizing the exchange of family news and by tracing missing persons. When necessary, it offers its co-operation to the UNHCR, as well as its technical assistance to National Societies to enable them to set up and develop their own tracing and mailing services. International Red Cross Aid to Refugees, Statement of Policy, 24th International Conference (1981) UNICEF and non-governmental organisations like Save the Children sometimes take a leading role in reuniting separated children with their families. The material Action for the Rights of Children deals in detail with the prevention of separation and the response when separation has taken place (available at www.savethechildren.net/arc). Health Whenever possible, local health systems should be used and supported rather than substituted they should be able to deal with all cases except mass influx. If special health services are provided to a centre population, it should be ensured that they use the same systems as the local health service and that centre services are accessible to the local population. The UNHCR Handbook for Emergencies has a comprehensive section on the management of health for refugee populations, which is also applicable to other groups of uprooted people. As the uprooted community adjusts to life in this phase, mental health issues associated with trauma will be displayed. The UNHCR/WHO manual Mental health of refugees provides some very practical advice on how to respond to this (available at www.unhcr.ch). The Sphere Handbook (Health Services) and the UNHCR/WHO/UNFPA manual Reproductive Health in refugee situations should also be consulted (available at www.unhcr.ch) Health is an area where cultural and religious sensitivities can be particularly evident. Large-scale movements of displaced people often include health workers and their knowledge of these sensitivities and of the health profile of the people before they started to move will be invaluable. Education The right of children to education is clearly set out in the Convention on the Rights of the Child (see chapter 4). Since it is the most widely ratified human rights instrument almost all States are obliged by international law to provide education. Article 28 1. States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular: (a) Make primary education compulsory and available free to all;
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(b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need; Convention on the Rights of the Child (1989) In practice, however, there may still be a need to advocate for education for refugee and other displaced children. Accordingly, the authorities should be approach when, for any reason, children are not receiving the education they are entitled to. Issues may arise if States consider that to teach displaced people the language of the host country might influence their eventual decision to return. Education can also be limited (for both uprooted and host communities) by a lack of resources. The UN/UNICEF report Impact of Armed Conflict on Children sets out some of the constraints surrounding education for uprooted people affected by conflict (available at www.unicef.org). To a large extent these are also valid for other moving and displaced people. 196. Apart from emergency education programmes in camps, refugee children can sometimes attend regular schools in host countries, though very few get the opportunity to do so. Host States can be reluctant to allow refugee education, fearing that this will encourage refugees to remain permanently on their territory. The denial of education clearly contravenes both article 22 of the 1951 Convention relating to the Status of Refugees and article 28 of the Convention on the Rights of the Child, which require that States Parties provide refugee children with the same treatment as is accorded to nationals with respect to elementary education Impact of Armed Conflict on Children, UN/UNICEF (1996) Where a National Society is engaged in organising education for example through responsibility for centre management the UNHCR Revised (1995) Guidelines for Educational Assistance to Refugees will provide guidance (available at www.forcedmigration.org). More recently UNHCR has also published Education: Field Guidelines (available at www.unhcr.ch). UNICEF has a programme of providing School in a box packages, which provide for the basic educational needs. For more information, see UNICEFs website at www.unicef.org. In a displacement of any size, there will probably be teachers among the displaced population who can be engaged in education activities. Legal advice and counselling Displaced people will have wide ranging questions about their status, their options and the situation at home. Initially, particularly for people moving individually or in family groups, National Societies may need to provide advice on an informal basis.
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Legal advice is included in the Swedish Red Cross programme Assistance to Asylum Seekers, which is protection-oriented, aiming to safeguard the right to seek and enjoy asylum from persecution. Counselling for asylum seekers is provided by specialist staff throughout the country, supported by volunteers. Advice and information about the asylum process, national legislation and legal practice is provided to asylum seekers in order to, where possible, enhance the presentation of their claims. In some cases the Swedish Red Cross can assist in clarifying the reasons for asylum, for instance through providing specific information about the situation in the country of origin obtained within the Movement or from other international organizations or NGOs. The Swedish Red Cross does not formally represent asylum seekers in the asylum process (other than in exceptional cases where no other option is available), but in many cases works closely with lawyers appointed and financially compensated by the authorities or, in cases where free legal aid is not granted, tries to find other ways to ensure proper representation. In addition, rejected asylum seekers can receive advice and information helping to facilitate a safe and dignified to return to their country of origin. The Swedish Red Cross endeavours to further develop this service through closer cooperation with other National Societies. Currently a pilot project is implemented in co-operation with the Red Cross Society of Bosnia and Herzegovina. If there are substantial needs for advice, the response has to be more organised. This could involve setting up an advice service, which could include a system of referral to other advice services. It could also combine both, with simpler questions being dealt with immediately and ones that need a more detailed response being referred to specialists or to other organizations. Frequently asked questions can be anticipated by posting information to a bulletin board or similar. In the framework of its Refugee Assistance Programme, the Lithuanian Red Cross has concluded agreements with the Ministry of Interior on providing legal assistance to asylum seekers and on monitoring arrivals of asylum seekers at the border. Legal assistance is provided in reception centres and at the Lithuanian Red Cross national headquarters by specialized lawyers. They advise the asylum seekers, participate when they are interviewed by the authorities and represent their interests in courts and administrative institutions during the asylum procedure in the first instance and in the appeal proceedings. In the context of border monitoring, the Lithuanian Red Cross lawyers advise asylum seekers at the border and collect information about access to the asylum procedure. The aim is, on the one hand, to ensure that foreigners in the border area have access to information about the Lithuanian asylum procedure and, on the other hand, to help the border guards and the border police to perform their functions in accordance with the Lithuanian Law on Refugees.
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Legal counselling for refugees and asylum seekers should be based on the recommendations in Protecting Refugees: A Field Guide for NGOs. Services such as these are often neglected but they can make an important contribution to the protection of displaced people, particularly when the people concerned are living in urban communities. Meaningful activities A major risk to the moving and displaced in the long term is apathy and dependency, which undermine human dignity and reduce the possibility of a durable solution. Yet meaningful activities for displaced people often have little priority, particularly in centres. Meaningful activities (other than education which has been already discussed) fall into two categories: Recreational Vocational
Recreational activities are the easier to organise, requiring often only some space and a minimum of equipment plus a certain level of organisation. For instance, in displacement situations there are often sports enthusiasts who, with some support, can organise sports activities and people who have skills that can be passed on to others. Equipment is normally not expensive and a league or other forms of competition can provide interest not only for participants but spectators also (including the host community). Internet access can provide an opportunity for displaced people to get news from home, re-establish of family links and keep updated on current issues that may affect them. The UNHCR, the Russian Red Cross and Microsoft have launched a community technology-learning centre in St. Petersburg. The centre provides information technology access, skills training and education for refugees and asylum seekers, as well as local citizens with disabilities. When the centre opened the President of St. Petersburg Regional Branch of the Russian Red Cross Tatiana Lineva explained that for local citizens with disabilities the Internet is a vital window to new skills and employment opportunities, and for refugees it is often the only link with their homeland. Initiatives like this IT laboratory will help to build the confidence of both groups and give them the chance to contribute socially and economically to a more inclusive and cohesive St. Petersburg. (from UNHCR News Stories, 15 April 2004) Vocational activities require more careful consideration, are more difficult to organise and will require a greater investment. However, National Societies have the structure, organisation and outreach to enable the design and implementation of successful programmes. If organised efficiently, the outcome is likely to be significant. The chapter on Vocational training for refugees: a case study from Tanzania in the UNHCR commissioned publication Learning for a future: refugee education in developing countries may assist in the development of
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vocational training activities (available at www.unhcr.ch). The Norwegian Refugee Councils Camp Management Toolkit contains a useful chapter on Enhancing Livelihood Strategies for Self-Reliance (available at www.nrc.no). Often economic activities are discouraged by the authorities. They may even be illegal. This is usually done in the belief that economic activity reduces the likelihood of return or detracts from the economic opportunities of the local population. Neither is true. Skills and capital acquired are normally useful at home as well. And economic activity encourages more economic activity. The Movement therefore needs to advocate for the removal of restrictions and the encouragement of selfsufficiency among uprooted people. Armed elements Displacement resulting from armed conflicts often leads to mixed movements of populations, which include not only refugees, IDPs and other civilians but also armed elements seeking sanctuary in neighbouring countries. The presence of such elements in an influx of refugees, or in camps or refugee-populated areas, threatens the civilian nature of asylum creating serious refugee protection problems as well as security concerns for host communities and receiving States. The Movement has taken a strong position on armed elements in refugee or displaced person camps in a number of resolutions at International Conferences, most recently in 1999. 8. States and all parties to an armed conflict will take all necessary measures to ensure the civilian character of refugee and internally displaced persons camps, and that appropriate conditions are met regarding location, environment, camp security, law and order, and registration. The Movement will offer its services, where required, in assisting to meet these responsibilities. Plan of Action, 27th International Conference (1999) It is not the role of Red Cross and Red Crescent volunteers or staff to solve these issues directly and they should never risk any direct confrontation. It is the role of the State concerned, but the authorities often need reminding of their obligations. The paper The Civilian Character of Asylum: Separating Armed Elements from Refugees, prepared for UNHCRs Global Consultations, sets out the issues involved in a way that is largely relevant for IDPs as well as refugees (available at www.unhcr.ch). Components of the Movement should always consult with ICRC. The Movement can advocate for two responses: displaced people to be given accommodation far enough from the conflict area to make it difficult for armed groups to reach them; and for the authorities to disarm or remove any armed elements among the uprooted people.
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Centres In the first emergency phase, displaced people may need to be accommodated in temporary shelter. As soon as the first emergency is dealt with within days or, at most, weeks more permanent arrangements are needed. The advisability of using centres for care and maintenance over a period of months or years is, however, disputed. An alternative to centres is the provision of accommodation within the local population. This is common in the case of displaced people in urban areas and is a reason for the relative invisibility of such people. In rural areas with low population density, there is a third way of finding shelter for large groups of uprooted people: to help them to establish new settlements with sufficient land for them to support themselves. The advantages of providing care and maintenance in centres include: centres can facilitate the provision of protection; they can reduce the impact on the host community; they can be set up quickly; they can reduce the difficulties in estimating population numbers, in assessing needs and in monitoring health status; and they make the provision of such services as mass vaccinations or the distribution of goods easier.
The key problem with providing shelter in centres is that it risks making people passive, leaving the running of their daily life to centre managers. This is expensive and, more importantly, it is damaging for the selfrespect and self-reliance of the people living in the centre. In addition: the increased visibility of uprooted people in centres brings increased protection and security risks these include forced recruitment, theft and exploitation; because people are living close together, there is an increased risk of communicable diseases such as measles, tuberculosis and HIV/AIDS; centres which are set up in one season may be quite unsuited to other seasons; harmonious relations between uprooted people and host community are more difficult to create and maintain; centres need a substantial, open-ended financial commitment; centres are less convenient for economic activities, especially farming; centres have a greater impact on the local environment than other forms of accommodation;
When services for displaced people are provided in an economically weak area, there is a risk that the standard of life inside the centre will be higher than that of the local population. A solution is to make the services in the centre available to the local people as well as to those displaced.
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On one hand, this could create a problem, as the level of services provided may not be sustainable once the centre is closed. On the other hand, it has the advantage of reducing the potential hostility of the host community and of reducing the temptation for local people to try to pretend to be uprooted. The decision about the use or not of centres is not normally in the hands of the Movement. Host governments have the deciding role. They often dictate the use of centres for reasons of security or administrative convenience. In some cases the numbers of uprooted people are so large in comparison with the host community that centres are likely to be the only realistic option. In many situations UNHCR is responsible for the management of centres. The Movement will only have to consider organising centres for care and maintenance in exceptional circumstances and in all cases should consider the longer term financing risks as well as the impact management of a centre will have on existing services for the local population. Management of a large centre is not only expensive, it is likely to be for a period greatly exceeding initial estimates and is a severe drain on management resources. All components of the Movement may be asked to provide certain services within a centre organised by other agencies. Normally this offer should include a financial compensation which meets the costs involved. The general considerations about entering into partnerships are set out in chapter 6 (Donors and partnership arrangements). Particularly vulnerable people There are several texts that will assist in ensuring that particularly vulnerable people get the support they need. These include: Addressing the Needs of Women Affected by Armed Conflict: An ICRC Guidance Document (available at www.icrc.org) Guidelines on the Protection of Refugee Women (available at www.unhcr.ch); Sexual and Gender-Based Violence against Refugees, Returnees and Internally Displaced Persons: Guidelines for Prevention and Response (available at www.unhcr.ch); Action for the Rights of Children (available at www.savethechildren.net/arc); Older people in disasters and humanitarian crises: Guidelines for best practice (available at www.helpage.org).
In addition, the previously mentioned manual Mental health of refugees includes recommendations on how to help victims of torture and rape (available at www.unhcr.ch). Working towards solutions A risk during this phase i.e. between first emergency and the finding of a solution is that the urgent will dominate over long-term concerns. Activities of care and maintenance can absorb all the energy and
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resources available. There is a need to consider real and durable solutions already from first arrival and this requirement often fails to get the attention and resources it needs. Advocacy The care and maintenance phase will often call for advocacy. Displaced people tend to be regarded as problems by governments and advocacy may be needed: to ensure that conditions are humane and respectful of the dignity of the people concerned; to promote a rapid resolution of any obstacles to finding durable solutions; to promote international humanitarian law, human rights law and refugee law with all concerned.
Advocacy will normally be directed at governments. On occasion however, advocacy will be needed with international organisations.
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11 Solutions
Background People need to shift, as soon as possible, from the care and maintenance phase of displacement described in the previous chapter to a stable situation in which they are able to prosper and get on with their lives. While the first action of the Movement in connection with displaced people must be the relief of the immediate challenges to their welfare, this relief must be designed so as to support, and to lead quickly to, the search for a lasting solution. While people are receiving care and maintenance, their views about the assistance should be listened to and taken into consideration. However, it is the providers who make most of the decisions. When it comes to deciding on solutions, the people concerned must be the most influential. Any solution needs to be entered into voluntarily. Reaching a solution does not necessarily imply that all problems have been dealt with. A solution will offer the people concerned: safety; dignity: and opportunities to contribute to the host community and provide for themselves and their families.
UNHCR uses the expression durable solution. However, a durable solution may not be permanent. In fact, uprooted persons will often reach a situation in which they are safe, self-reliant and treated with respect and still wish to move again. A real and lasting solution is one that removes the vulnerability of the people concerned. The Movement must argue against inappropriate solutions which only satisfy political or administrative convenience. Solutions take a number of forms. Some of the actions the Movement can take to assist people reach solutions are relevant to all solutions. Others are more specific. In this chapter they are divided into: those that assist people going home (return); those that do not involve people moving far from their current location (local settlement); and those that involve moving on to a new place (resettlement).
This chapter looks at how solutions can be found and the issues surrounding them. The next chapter will deal the implementation of these solutions. Actions Red Cross and Red Crescent Movement actions in connection with solutions fall into three areas: provision of information and advice;
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advocacy; and practical assistance.
Provision of information and advice To be able to decide on a solution people need information about the options available and the conditions attached. They will, for instance, need answers to questions such as: Is return possible? What, if any, assistance is provided? Do the country of asylum/refuge accept local integration? Under what conditions? Are refugees submitted for resettlement? Which selection criteria is used? If this kind of information is provided by components of the Movement, the necessary facts need to be carefully collected and verified. It must be accurate and delivered in an impartial manner better no information than incorrect information. Sources may include the authorities concerned, other organisations in particular UNHCR, and National Societies in countries of origin and destination. The UNHCR Handbook on Voluntary Repatriation (section 3.2) has a list of the issues that may need to be covered (available at www.unhcr.ch). These include survival issues (housing, food, de-mining) and sustainability issues (political situation, education, health services). Tracing and RCM services will also be required as people try to reunite their families. Advocacy When agreement is reached about which solution to pursue there may be a need to advocate for the best possible protection. Many of the conditions necessary for a successful solution particularly the ones concerning security can only be assured by governmental authorities. Safe and sustainable solutions may need considerable advocacy. In addition, it may be necessary to advocate for such matters as proper preparations for the journey and arrangements for moving livestock and equipment as well as people. It may be the case that governments and international organisations promote one solution and discourage another based on political considerations. When starting to work on finding solutions, there is consequently a risk of becoming involved in political controversy. The key issue is whether or not the interests of the displaced people are being advanced in respect of the Fundamental Principles. Practical assistance When further movement is required as is the case for return and resettlement it is likely that the journey (or at least the main part of it) will be organized by national authorities, UNHCR or IOM. However, before departure people may need: help with any necessary documentation; medical check-ups;
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vocational training; updated information about the conditions at their destination, including availability of health and education services.
Particularly vulnerable people will need specific care during and immediately after their journey. The risks of further family separations must be kept as low as possible. During the journey people may well pass through one or more countries. National Societies may need to provide rest facilities, food and, particularly, drinking water. On arrival people will need some form of welcome and introduction and orientation about the current situation. In addition there may be a need to carry out public awareness work, to brief the new host community and, if necessary, provide assistance with reconciliation. Over the last decade, Croatia has experienced a series of population movements as its Croat and Serb citizens have fled from ethnically based violence. Today Croatia is peaceful and Serb refugees are returning from Serbia and Montenegro. Many of them are vulnerable. They tend to be elderly, farming is difficult not least because of minefields waiting to be cleared and the areas they fled are economically depressed. In addition they sometimes face hostility from Croat neighbours. The Croatian Red Cross has a network of mobile teams which accompany the refugees on the last leg of the journey and make follow up visits to provide, depending on the needs, psychosocial, technical, medical, health insurance related or other types of support. In addition the teams which often have Croat members or a mixture of Serbs and Croats provide protection by their visits and by the humanitarian example they set. The Red Cross Society of Bosnia and Herzegovina implements a similar programme, facilitating return throughout the country. IOMs Emergency Migration Management training module goes into the practical details of moving people (pre-departure arrangements, transportation logistics, assistance during migration and post-arrival support). Return The process of going back to the place of origin is normally referred to as return or (voluntary) repatriation. It should be noted, however, that there will almost certain be some people who were born during the care and maintenance phase of displacement. In extreme cases, the majority of the group will have no previous experience of life in the place that is their home. Uprooted people do not leave home voluntarily. They may have been forced by war or oppression to flee or they may have been pushed to
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move by environmental degradation or economic hardship. They often long for the day when they can go home provided that they can do so safely, that the manner of their return is dignified and that they can support themselves after they have arrived. When they are ready to return, uprooted people have a right to do so, regardless of whether they have crossed an international border or not. Article 13 1. Everyone has the right to freedom of movement and residence within the borders of each State. 2. Everyone has the right to leave any country, including his own, and to return to his country. Universal Declaration of Human Rights (1948) They also have a right to be protected from being sent home if it would put them in danger. The right to non-refoulement (see chapter 4) is part of international customary law it applies to everyone regardless of status, nationality or place of residence. In addition, any return should be carried out under conditions that ensure the safety and dignity of the people concerned. Return in safety Return which takes place under conditions of legal safety (such as amnesties or public assurances of personal safety, integrity, nondiscrimination and freedom from fear of persecution or punishment upon return), physical security (including protection from armed attacks, and mine-free routes and if not mine-free then at least demarcated settlement sites), and material security (access to land or means of livelihood). Return with dignity The concept of dignity is less self-evident than that of safety. The dictionary definition of dignity contains elements of serious, composed, worthy of honour and respect. In practice, elements must include that refugees are not manhandled; that they can return unconditionally and that if they are returning spontaneously they can do so at their own pace; that they are not arbitrarily separated from family members; and that they are treated with respect and full acceptance by their national authorities, including the full restoration of their rights. Handbook on Voluntary Repatriation, UNHCR (1996) Return can create particular problems for people who have escaped economic distress rather than persecution. They may have given up all means of livelihood at home in the expectation of becoming established and prosperous in their new country. Return can leave them worse off than they were in the first place and make them vulnerable. In addition, the fact that they have failed may make them reluctant to go back in any case. Yet return may be their only realistic option.
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Return should be voluntary and based on full information. In practice this is not always the case and the Movement should advocate with authorities everywhere for these conditions to be respected. All too often people are pressured to go home under unsuitable circumstances. This may appear voluntary but it is not done on the basis of the full information that is a prerequisite of a proper judgement. The components of the Movement may need to warn against the risk of hasty returns. The UNHCR Handbook on Voluntary Repatriation: International Protection contains detailed information about the theory and practice of assisting people to return home. More recently UNHCR has also published a Handbook for Repatriation and Reintegration Activities (both available at www.unhcr.ch). Advocacy in the case of this solution will need to be directed at the national and local governments in both the area of origin and of in the current location of the uprooted people. It will also often need to include any international agency that is providing protection. When asked why he had returned, a returnee in the Shomali Plain, to the north of Kabul, replied simply: the whole world told us they were rebuilding Afghanistan. Yet the truth is that for most, there are few prospects for making a living and, after years of living in an urban refugee environment, they have little wish to return to their native villages. A recent report, commissioned by the independent Afghanistan Research and Evaluation Unit, argues that the mass repatriation was driven by political pressures. While the US and its allies including the new Afghan government were keen to show the benefits of their campaign to oust the Taliban, the Pakistan and Iranian authorities seized the chance to start offloading two decades worth of refugees from their soil. But this was in the interests neither of those returning nor of Afghanistan's long-term recovery. Many returnees found themselves in a worse position after their return than before, says the report, while the scale and speed of the return helped to divert yet more of the limited funds available for reconstruction into emergency assistance. World Disasters Report, International Federation (2003) When people have gone home under conditions of safety and dignity and found a sustainable way of life, others will be encouraged to return as well. Many factors contribute to such sustainability. These include: prior resolution of any land disputes and re-housing of any unlawful tenants who may have moved onto the property; demarcation or clearance of any land mines in the area; housing that is habitable with water, sanitation and power or fuel; access to education; access to health services; sufficient food for the initial period; and
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work or viable farming on an ongoing basis, i.e. the ability to support the family in the longer term.
Before they can decide to go home, people will need information about what they can expect. The Movement, because of its universal presence, may be able to help them by: exchanging Red Cross messages (RCMs); providing information about, for example, the health services available; organizing go and see visits involving women as well as men (and adolescent children); providing audio or video tapes from, or web cam links with, people who have already returned; and organizing visits from local authorities (and perhaps successful previous returnees) from the district of origin. There are often considerable problems associated with people going back to their homes. People may be reluctant to go home: if they can not be sure of safety and dignity; if the timing does not fit in with academic years or agricultural seasons; if their former occupation is no longer available or if they have been away long enough to have lost the necessary skills; if home is a rural area and they have become used to urban life; if they have found employment and are sending remittances back to help the re-construction.
Return can be complicated if other groups of people have been displaced into the homes of the people who left. Dealing with property rights is not a matter with which components of the Movement are involved, but it is important that the Movement has knowledge of the situation for its advocacy of solutions and to be able to advice and refer people to authorities or organisations dealing with property issues. Principle 29 1. Internally displaced persons who have returned to their homes or places of habitual residence or who have resettled in another part of the country shall not be discriminated against as a result of their having been displaced. They shall have the right to participate fully and equally in public affairs at all levels and have equal access to public services. 2. Competent authorities have the duty and responsibility to assist returned and/or resettled internally displaced persons to recover, to the extent possible, their property and possessions which they left behind or were dispossessed of upon their displacement. When recovery of such property and possessions is not possible, competent authorities shall
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provide or assist these persons in obtaining appropriate compensation or another form of just reparation. Guiding Principles on Internal Displacement (1998) Local settlement This solution may be also be referred to as local integration. It is the situation where displaced people decide that the best solution for them is to make a new life in the place where they find themselves. This will not always be straightforward as there may be a reluctance on the part of host governments to accept long-term residence of uprooted people. Sometimes this solution is taken unofficially by displaced people abandoning the provision that is made for them and finding a way of living among the local population. Sometimes an uprooted person marries a local person and becomes settled as a result. How ever it takes place, the result cannot be regarded as a solution unless it provides people with security, dignity and the opportunity to support themselves. The main needs of people who are going to settle in their place of refuge will be in the field of integration, dealt with in the next chapter. The components of the Movement may well, however, need to undertake advocacy for people to have the opportunity to take this solution to get a proper legal status, leading eventually to the possibility of taking full citizenship. There may also be a need for public awareness work with the host community. Resettlement When uprooted people are not able to return to their places of origin and cannot (for reasons of safety or because the government is not willing to permit them to become resident there) stay where they are, the only solution open to them is to move to some other place. This form of solution is the least common of the three. Moving to other countries is largely restricted to recognised refugees. This is known as refugee resettlement. Even refugee resettlement is restricted and has become more difficult to access in recent years. It depends upon host governments offering places. Not many do this. The United States accepts the biggest number of resettled refugees (50 000-70 000 planned for 2004). Some countries specifically offer resettlement to refugees who have severe medical problems that require specialist treatment or are otherwise considered having special needs. The States that do offer refugee resettlement places work closely with UNHCR to ensure that the most pressing cases get the available places and in organizing the practical arrangements. The Movement has little involvement in resettlement, but may have a role after those resettled have arrived in their new country. In addition, National Societies should encourage their respective governments to accept refugees for resettlement.
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The UNHCR Resettlement Handbook is the main guide to practice in resettlement work (available at www.unhcr.ch). UNHCR has also published a handbook on the reception and integration of resettled refugees (see chapter 12). UNHCR gives priority to people who are particularly vulnerable, either because their situation is difficult or because of health or family reasons. For most refugees the chances of resettlement are small and for other uprooted people the chances of getting on one of these programmes are negligible. For all other uprooted people, moving on often means finding somewhere new within the country they are in. They should be free to do so and the authorities will often have a role in enabling the process. The components of the Movement may well get involved, especially during transit. The authorities also have responsibilities in connection with ensuring that there is no discrimination against such people and ensuring their property rights.
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12 Integration
Integration is the process whereby displaced people who have decided to accept local settlement or resettlement put down roots in their new communities and re-gain their autonomy. An important aspect of integration for many uprooted people is to ensure that they are able to keep their identity. This means that they need the opportunity to use their mother tongue and express their own culture at the same time as they are acquiring a new language and learning about a new culture. Assimilation implies that the displaced people should take on all aspects of the host country. In this chapter integration is also used to cover the similar process that is necessary when uprooted people return to their place of origin sometimes referred to as re-integration. Reintegration: The process that makes either return or resettlement sustainable or durable is the process of reintegration or integration. In the context of internal displacement, reintegration is used to describe the re-entry of formerly internally displaced people back into the social, economic, cultural and political fabric of their original community. Integration: In the context of internal displacement, integration describes the same or similar process of entry into the social, economic, cultural and political fabric, but as it occurs to formerly displaced settling into a new community or deciding to stay in the community where they first found temporary settlement. In both reintegration and integration, long-term assistance and or protection may be needed by returning or resettling internally displaced. Module 6, Basic Course on Internal Displacement (2002)
(Available from the Global IDP Project at www.idpproject.org.)
When integration has been completed, vulnerabilities associated with displacement will no longer affect the people concerned. They will have put down new (or re-established old) roots they will, in one sense, no longer be uprooted, though they are likely to continue to be aware of their own special history, culture and background. Integration is a two-way process. As uprooted people become integrated they are more able to make economic and intellectual contributions to their new society. However, integration can be a difficult process, as indicated by UNHCR in its Refugee Resettlement: An International Handbook to Guide Reception and Integration (available at www.unhcr.ch).
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Figure 2: The experience of integration

Potential sources of stress in the integration environment: ongoing danger in country-of-origin continuing separation from family members lack of understanding/hostility on the part of government officials injustices minority status in a dominant culture limited community support networks prejudice and hostility on grounds of ethnicity, race, religion limited access to cultural and religious institutions poor social status gender role and status adjustment intergenerational adjustment unemployment underemployment difficulties in accessing education and health care insecure housing new and unfamiliar environment lack of proficiency in the language of the receiving society Possible personal and emotional consequences: fear and anxiety loss of trust grief lack of family support guilt loss of a sense of belonging cultural, racial or religious integrity undermined identity undermined lack/loss of social support family conflict and tension
fear about the future and of not coping altered capacity to plan the future social and economic dependency poor health
Refugee Resettlement: An International Handbook to Guide Reception and Integration, UNHCR (2002) In addition, people returning home from richer countries are often marginalised. They are seen as rich which may not be the case. They may have lost access to work or to land and they may no longer have the skills required to work that land. In the rich country they might have developed skills wholly inappropriate to their new environment. The host community (including the National Society) may not see them as a priority. They can be discriminated against on the basis that they ran away to get rich rather than stayed to share the problems of the community. Also returning communities may have forgotten or never learnt the local language. The schools, the curricula and even the games may be unfamiliar. Lastly, integration sometimes involves a move from a rural or semi-rural location to life in a big city. Rapid and enforced urbanization is a major stress factor for all displaced people. National Societies are well placed to play a role in integration. They have the local knowledge that uprooted people need; they have the international links to understand their background; they have access to the tracing service and, perhaps most important of all, the National Societies have, in the Fundamental Principles, a firm policy and practical basis for addressing the needs of displaced people and the host communities, providing assistance on the basis of vulnerability rather than legal or other status.
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In addition, volunteers provide a fantastic resource for orientation programmes and leading work in combating discrimination. In many cases the uprooted people themselves can become volunteers and demonstrate their integration in the assistance they give others. Needs assessment Start by making a new assessment of the vulnerability and capacity of people. Previous assessments will not be sufficient because: Earlier assessments are likely to have missed important capacities. It will typically have been needs orientated; For various reasons, earlier assessments may have failed to pick up vulnerabilities, not least because the uprooted people may have found it impossible to reveal them until they were more secure. This would be likely if the case of victims of rape and very possible also in cases of torture survivors. It is also possible that earlier assessments have missed mental health issues or disabilities, which will need to be addressed through the normal arrangements in their new country; In the case of people returning from an affluent country to one that has a weaker economy, their vulnerabilities might well be less than those of local people who never left; People may have developed new vulnerabilities, especially if they have been confined to centres. If all their survival needs were provided in the centre, they may have become institutionalized. This will make the process of integration more difficult and stressful.
In the cases of local settlement or resettlement, integration should have the prospect of an eventual opportunity to obtain citizenship. However, uprooted people should not be put into positions where they feel that citizenship is the only way forward. It needs to be a choice, which should be available when and if they feel more at home in their new country than in their old one. In many circumstances the host community will themselves be vulnerable and direct assistance to them will be needed to provide a suitable environment for integration. The conditions necessary for integration include family reunion; the acquisition of the local language; the availability of some form of employment sufficient to provide enough resources for a reasonable life style; access to local education and health services; and the prohibition of all forms of discrimination. At a more practical level, it involves learning how to access the services that are available. In richer countries, Governments and NGOs work closely to provide the necessary infrastructure and resources to assist refugees with their integration. Refugees are assisted to regularize their legal status, including the right to employment, and to have access to social counselling, language courses and various training. In other parts of the world, UNHCR and NGOs provide financial assistance and advice
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which will help refugees to become self-supporting, whether they are in urban or rural areas of settlement. This assistance may consist of income-generating agricultural or community development projects which also benefit the region or local communities. Development programmes should aim to benefit both refugees and local populations and eventually render the refugees self-supporting to reduce dependency upon outside financial assistance. Resettlement Handbook, UNHCR (2002) Involvement All aspects of work with displaced people need their active involvement. This is particularly true for integration. There can be no integration until the uprooted people are ready and willing to play their full part in society. For the benefit of both host and uprooted communities, people need to acquire the new language and the skills needed to support themselves as soon as possible. However, the process needs appropriate conditions in the new community. National Societies have a role to play providing information, promoting tolerance and using the Fundamental Principle of Impartiality to work with and involve both communities. It is often the case that integration is best helped by increasing the resources available to the host community. Local people may be vulnerable and at risk of becoming more vulnerable if uprooted people are assisted to settle in their area. The host community has an interest in the success of the integration process. However, they may need help in understanding the background of the displaced people, and the pressing reasons for their flight. Successful integration benefits refugees, migrants and host societies. Unsuccessful integration, conversely, may lead to marginalisation, alienation, discrimination and ghettoisation particularly in large metropolitan areas. Early integration, based on equal treatment and the prohibition of discrimination, is in the best interests of all, irrespective of the long-term options for refugees and migrants and their right to return to their country of origin. Work, training, family reunion, education for children and access to health and other public services are key factors for successful integration. Critical to social inclusion as a two-way process is the involvement of the local population and the respect for their needs as part of an inclusive national strategy based on unity and diversity. The Declaration of The Hague on the Future of Refugee and Migration Policy (2002)
(Available from the Society for International Development (SID), see www.sidint.org.)
Orientation and capacity building In addition to learning the local language, people should be given orientation to enable them to make effective use of the opportunities of their new environment. This is as important for people who have
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moved within a country as well as those who have crossed a border. It is particularly relevant for people moving between urban and rural areas. The assistance could include such matters as: help with finding accommodation; how to access local health, education and other public services; traditional sources of guidance and advice; the skills that are needed to provide a livelihood; the use of public transport systems; local traditions.
Some branches of the British Red Cross have orientation schemes for refugees and other vulnerable uprooted people. These branches recruit and train volunteers and organize a first meeting between the volunteer and the refugee. At this meeting they work out a plan for the use of about 24 hours spread over a period of three to six weeks. The volunteer will then accompany the refugee on visits around their local area to: - locate local facilities and services; - become familiar with local transport systems; - register with doctors and other health professionals; - identify other support required such as welfare benefits or housing; - put people in touch with other Red Cross services such as the International Tracing and Message service; and, if necessary - locate appropriate legal advice. In the process, the refugee learns to deal with United Kingdom systems of form filling and bureaucracy and gets practice in the use of the local currency. The London Branch also provides a written Information Pack for Newly-arrived Refugees which is available in a range of languages and sets out much of the practical needed to become established in London. It is available in a range of European, Asian and African languages Uprooted people benefit from the programme not only because of the practical information that it provides but also because the volunteer is trained to do this in a way that: - promotes independence and self-confidence; and - recognizes and reduces stress. The programme meets the travel expenses of the volunteer and the refugees. If necessary it also enables the volunteer to employ an interpreter. Volunteers are supported through regular supervision and debriefings with the staff of the branch. Integration programmes should make people autonomous. Assistance should normally be restricted to showing people how systems operate, rather than providing special services when mainstream ones exist.
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People need to be able to live a life in dignity. They have to be consulted about what this means in terms of practical support. Often, the main topics that uprooted people will be interested in include: access to economic activity either through the labour market of through land and agricultural tools; access to housing or building materials; access to health and education services.
When blizzards were raging in the Boston area, the local chapter (branch) of the American Red Cross started to receive phone calls from one particular neighbourhood. Local people were worried about a group of young men who had just arrived and who did not seem to have any suitable clothing. The young men turned out to be Sudanese orphans who, after a long and harrowing walk to and fro across southern Sudan, had reached Kakuma in Kenya, where a refugee camp was set up. They had stayed in the camp for about ten years before joining a resettlement programme to the United States of America. Recently, they had learnt enough English to be able to make themselves understood. When the Red Cross arrived to the neighbourhood, they had been found an apartment. However, they were to a very large extent not equipped to survive in their new country. They were still wearing the clothes they had brought from Kenya and they knew very little about how anything worked. Starting with a quick course on how a telephone works the Red Cross went on to show them how supermarkets work, how to cook food, and how to use the Boston bus and subway system. The Red Cross put them in touch with local community and faith-based groups and ensured that they got adequate clothing, mentoring on their studies and advice on finding and keeping a job in an intensely competitive society. They also provided the ever-open door and ever open ear that young people with no family need. These five refugees were part of a programme that brought around 4000 young Sudanese people to the United States. Several hundred of these had been placed in the Boston area. The Red Cross chapter soon found that other young people were ringing up or coming in to find out how to deal with a whole range of problems, such as how to fill in a tracing request, how to deal with a welfare system deeply suspicious of a group of young men who all gave their birthday as 1st January (an official response to the fact that none of them had any idea when they born) and how to get their passports to show their names in a way that reflected their traditions. Also, as uprooted people become more settled, they may become aware of or willing to disclose vulnerabilities that were hidden in the earlier phases. This is especially true for people who have had particularly traumatic experiences.
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Advocacy Successful integration will often require a range of advocacy activities to ensure that public authorities at all levels make the necessary adjustments and that integration is carried out in a way that gains the support of the host community. Cooperation Within the Movement there is the opportunity to exchange information and ideas with National Societies in other countries involved in integration work. Integration is, on the whole, the concern of agencies dealing with general welfare issues, rather than specifically with displaced people. Local authorities are particularly important in creating an environment that supports integration. Typically, UNHCR and other agencies concerned with displaced people undertake only a small part of the integration work. They might carry out such activities as rebuilding schools and clinics or repairing roads, bridges and wells, to bridge the gap between emergency assistance and longer-term development work.
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PART III ADDITIONAL ISSUES TO BE CONFRONTED
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13 Detention
General considerations Displaced people are at particular risk of detention for a number of possible reasons, including: the rights of aliens may not be respected when crossing borders; the rights of aliens in general are not fully acknowledged by authorities; detention is seen by authorities as deterring new arrivals; and detention is seen as necessary in order to ensure return of rejected asylum seekers.
Detention is among the most repressive of the methods available to States for the enforcement of their authority and the protection of society. In addition, detained people face substantially higher risks of other human rights violations than do people at liberty. Detention has, therefore, been subject to international concern both with regard to the circumstances under which it is legitimate to detain someone and also in regard to the minimum conditions of detention. The International Covenant on Civil and Political Rights (see chapter 4) states in Article 9 that Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. Article 9 also includes provisions for detained people to: be informed of the reason for their detention; have access to a court to challenge the lawfulness of their detention; and have a right to compensation if their detention is found be unlawful.
In addition, Article 10 prescribes that All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. The UN Standard Minimum Rules for the Treatment of Prisoners (1955) and Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (1988) address the physical and mental well-being of detained people, contact with the outside world, access to justice, respect for property and access to work (available at www.ohchr.org). The application of the UN rules and principles to asylum seekers has been summarised by UNHCR in its Guidelines on Applicable Criteria and Standards Relating to the Detention of Asylum Seekers (revised in 1999; available at www.unhcr.ch). To a large extent these guidelines apply to all displaced people detained in connection with population movement.
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UNHCR concedes that detention of asylum seekers is permitted under international standards on a limited basis, but stresses that the onus is on the detaining authorities to demonstrate why other measures are not sufficient. Detention is allowed if it is necessary, lawful and not arbitrary. The allowed reasons are: to verify identity; to determine the elements on which the asylum request is based; to deal with cases where refugees or asylum seekers have destroyed their travel documents in order to mislead the authorities of the State in which they intend to claim asylum; and to protect national sovereignty and public order.
Guideline 10: Conditions of Detention Conditions of detention for asylum seekers should be humane with respect shown for the inherent dignity of the person. They should be prescribed by law. Reference is made to the applicable norms and principles of international law and standards on the treatment of such persons. Of particular relevance are the 1988 UN Body of Principles for the Protection of all Persons under any form of Detention or Imprisonment, 1955 UN Standard Minimum Rules for the Treatment of Prisoners, and the 1990 UN Rules for the Protection of Juveniles Deprived of their Liberty. The following points in particular should be emphasised: (i) the initial screening of all asylum seekers at the outset of detention to identify trauma or torture victims, for treatment in accordance with Guideline 7. (ii) the segregation within facilities of men and women; children from adults(unless these are relatives); (iii). the use of separate detention facilities to accommodate asylum seekers. The use of prisons should be avoided. If separate detention facilities are not used, asylum seekers should be accommodated separately from convicted criminals or prisoners on remand. There should be no co-mingling of the two groups; (iv) the opportunity to make regular contact and receive visits from friends, relatives, religious, social and legal counsel. Facilities should be made available to enable such visits. Where possible such visits should take place in private unless there are compelling reasons to warrant the contrary; (v) the opportunity to receive appropriate medical treatment, and psychological counselling where appropriate; (vi) the opportunity to conduct some form of physical exercise through daily indoor and outdoor recreational activities; (vii) the opportunity to continue further education or vocational training;
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(viii) the opportunity to exercise their religion and to receive a diet in keeping with their religion; (ix) the opportunity to have access to basic necessities i.e. beds, shower facilities, basic toiletries etc.; (x) access to a complaints mechanism, (grievance procedures) where complaints may be submitted either directly or confidentially to the detaining authority. Procedures for lodging complaints, including time limits and appeal procedures, should be displayed and made available to detainees in different languages. Guidelines on Applicable Criteria and Standards Relating to the Detention of Asylum Seekers, UNHCR (1999) Rights of aliens when crossing borders The Human Rights Committee (see chapter 4) has expressly stated that Article 9 of the International Covenant on Civil and Political Rights is applicable to immigration control and that the Covenant covers people as they seek to enter a country (General Comment No. 08: Right to liberty and security of persons and General Comment No. 15: The position of aliens under the Covenant, available at www.ohchr.org). The Covenant does not recognize the right of aliens to enter or reside in the territory of a State party. It is in principle a matter for the State to decide who it will admit to its territory. However, in certain circumstances an alien may enjoy the protection of the Covenant even in relation to entry or residence, for example, when considerations of nondiscrimination, prohibition of inhuman treatment and respect for family life arise. General Comment No. 15: The position of aliens under the Covenant, Human Rights Committee (1986) With regard to asylum seekers and refugees, the Refugee Convention recognises in Article 31 that for many refugees the only option is to arrive at or enter a potential host State illegally and that accordingly penalties may not be imposed on refugees on account of illegal entry or presence in a country (see chapter 4). Nevertheless, the UN Commission on Human Rights Special Rapporteur on the human rights of migrants has expressed concerns that international norms relating to, inter alia, the right to seek asylum and minimum guarantees against arbitrary detention are not respected by States (report cited below available at www.ohchr.org). The Special Rapporteur is concerned that in a considerable number of countries, measures aimed at stopping irregular migration are often taken without due regard for international norms, standards and principles and undermine migrants basic rights, including the right to seek asylum and to enjoy minimum guarantees against arbitrary deprivation of liberty. In particular there is a tendency to provide immigration officials with broad powers to detain migrants, and to detain them in conditions and facilities that seriously curtail their right to judicial or administrative review and to have their asylum claims revised.
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Migrant Workers, Report of the Special Rapporteur on the human rights of migrants (E/CN.4/2003/85 sect. III) (2002) Rights of aliens in general The Human Rights Committee has also pointed out that the International Covenant on Civil and Political Rights generally covers aliens as well as citizens, but that the rights of aliens are not always respected: the general rule is that each one of the rights of the Covenant must be guaranteed without discrimination between citizens and aliens. Aliens receive the benefit of the general requirement of non-discrimination in respect of the rights guaranteed in the Covenant, as provided for in article 2 thereof. This guarantee applies to aliens and citizens alike. Exceptionally, some of the rights recognized in the Covenant are expressly applicable only to citizens (art. 25), while article 13 applies only to aliens. However, the Committees experience in examining reports shows that in a number of countries other rights that aliens should enjoy under the Covenant are denied to them or are subject to limitations that cannot always be justified under the Covenant. General Comment No. 15: The position of aliens under the Covenant, Human Rights Committee (1986) Detention for deterrence Detention is often believed to reduce the flow of uprooted people. However, the main results may well be to divert movements elsewhere and to boost the profits available to people-smugglers, as they increasingly become the only means of entry to countries of asylum. In recent years a number of States have resorted to detention in transit zones, arguing that, because people have not officially entered the country, their rights and, particularly, their right to seek asylum are not enforceable. In addition, some countries have established accelerated procedures by which asylum seekers are transferred to other (usually less developed) countries to have their requests for asylum considered. Detention and forced return Detention is resorted to by authorities in order to prevent displaced people from evading return. Forced return in itself as a repressive action involves similar welfare considerations as detention. Movement activities in connection with detention and forced return ICRC has a long history of protection work with people detained in relation to armed conflicts. Several National Societies have activities in general prisons, often of a psychosocial nature. More recently, some National Societies have become active typically in connection with tracing work in visiting displaced people in detention.
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The Canadian Red Cross has undertaken pioneering work monitoring the circumstances of detained migrants and asylum seekers in both Federal and State Institutions. The Swedish Red Cross has since the mid 1990s visited detained asylum seekers and migrants with a view to providing psychosocial support, ensuring access to protection from refoulement and monitoring conditions of detention. The Australian Red Cross have negotiated with the authorities for access to detainees in order to offer them material and other assistance, notably tracing services. The Movements response to the needs of displaced people should be adjusted to the different requirements of short-term and long-term detention and forced return. Short-term detention When the detention of an uprooted person is expected to be for a few days, the main concern is to ensure the persons physical and mental well-being. Matters as food, water, health and protection from abuse will be paramount. Often a major concern of the detainee is to understand her/his circumstances and prospects for the immediate future. Such knowledge may go a long way to alleviating anxieties. In this, there is little need to distinguish work with displaced people from work with other detained people except that the welfare of children may be critical, including the risk of children becoming separated from their parents. However, advocacy may be called for to make clear that being displaced is not a crime and that consequently uprooted people should not be held in the same facilities as indicted criminals. Long-term detention In the case of long-term detention, the components of the Movement may need to provide tracing and Red Cross message (RCM) services and could offer legal advice, language training, vocational training and a visiting service. Psychological issues will be vital, including depression resulting from uncertainty, lack of knowledge of the fate of relatives and companions as well as the potential for isolation. Forced return Any use of force risks causing human suffering and forcible return is, in its essence, in contradiction to a respect for the dignity of the person being returned. There is, therefore, a need for the Movement to monitor involuntary returns and to be ready to provide protection if necessary. If a component of the Movement judges that a group of people who are subject to forced return are at serious risk, action should be taken to prevent and alleviate their suffering. This could include: providing for their basic humanitarian needs (if the authorities fail in their duty to do this);
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providing them with information about the conditions in the place they are being sent to (including what assistance, if any, may be available); providing counselling and vocational training before they leave and assistance with sorting out their affairs in the country after they have left.
Assistance should be provided where it is needed, regardless of any opinion on the decision to force the return. In the case of international returns, National Societies in both countries (and sometimes in transit countries) should coordinate their activities. Situations should be avoided where the Movements presence could be perceived as supporting the forced return, particularly where no assistance is provided. The Movement needs to avoid placing staff and volunteers in situations for example on a plane of forced returnees when there is no practical function either in the delivery of assistance or monitoring the treatment of the person(s) concerned. In any case there must never be any doubt about the strict humanitarian motive of the Movements involvement. Advocacy will be needed: if the forced return puts people at risk of serious suffering, e.g. if their safety is not ensured; or if the conditions of the removal cause unnecessary suffering; or fail to respect the dignity of the people; or otherwise violate national or international standards.
There may also be a case for advocacy if return will cause secondary displacement or other serious humanitarian problems in the country of destination. Where appropriate, advocacy should be carried out in co-ordination with the National Society in the receiving country in order to maximize the Movements influence. Advocacy does not necessarily mean public advocacy. Quiet diplomacy is the Movements method of choice and it is arguably more effective than public denunciations. However, if quiet diplomacy fails to yield results, the humanitarian imperatives that are being breached need to be set out clearly and publicly. Practical action and, particularly, advocacy needs to be carried out in a way that respects the dignity of the people concerned. As always, this creates an obligation to consult them before deciding what action to take.
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14 Human smuggling and trafficking

General considerations To be able to reach safety in a country of asylum, some displaced people may be compelled to seek the assistance of smugglers. Other people will find themselves exploited by human traffickers. The concepts smuggling and trafficking are defined in Protocols 1 and 2 to the UN Convention Against Transnational Organized Crime (Palermo Convention). The full texts of the Convention and its two Protocols are available from the UN Office on Drugs and Crime at www.unodc.org. (a) Smuggling of migrants shall mean the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident; (b) Illegal entry shall mean crossing borders without complying with the necessary requirements for legal entry into the receiving State; (c) Fraudulent travel or identity document shall mean any travel or identity document: (i) That has been falsely made or altered in some material way by anyone other than a person or agency lawfully authorized to make or issue the travel or identity document on behalf of a State; or (ii) That has been improperly issued or obtained through misrepresentation, corruption or duress or in any other unlawful manner; or (iii) That is being used by a person other than the rightful holder; (d) Vessel shall mean any type of water craft, including nondisplacement craft and seaplanes, used or capable of being used as a means of transportation on water, except a warship, naval auxiliary or other vessel owned or operated by a Government and used, for the time being, only on government non-commercial service. Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention Against Transnational Organized Crime (2000) (a) Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;
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(b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used; (c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered trafficking in persons even if this does not involve any of the means set forth in subparagraph (a) of this article; (d) Child shall mean any person under eighteen years of age. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime (2000) In practice smuggling and trafficking are not as clearly separated as these definitions would indicate. For example, people may think that they are being smuggled, when in reality they are being trafficked. For the Red Cross and Red Crescent Movement there is an important implication to be drawn from these definitions. Smuggling is a crime against the State. Trafficking is, in addition, a crime against the people concerned and directly affects their dignity and well-being. It should be noted that smuggling necessarily involves crossing an international border. Trafficking can (and does) happen within one country. Smuggling In recent years, the extent to which people are smuggled across international borders has increased substantially. To a large degree this is a direct response to increasing border controls, restrictive visa policies and certain extraterritorial measures (including so called carrier sanctions), which together make legal access to and entry into many countries almost impossible for displaced people. Sometimes smuggling is carried out by friends and relatives without charge. Often, however, people pay large sums to the smugglers. It is often the only option for people who need to escape from a country where they face persecution, conflict-related danger or starvation. Human trafficking A notorious form of human trafficking is the trade of women and children for work in the sex industry. This violation of human rights has caused concern for many years and the oldest of many international attempts to prevent it the International Agreement for the Suppression of the White Slave Trade was signed already in 1904. Another common form of trafficking involves the use of children as beggars or pickpockets under slave-like conditions. Trafficking in women is banned by the Convention on the Elimination of All Forms of Discrimination against Women (see chapter 4). Article 6
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States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women. Convention on the Elimination of All Forms of Discrimination against Women (1979) Similarly children are protected by the Convention on the Rights of the Child (see chapter 4) and, additionally, by an Optional Protocol to the Convention. Article 35 States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form. Convention on the Rights of the Child (1989) Article 3 1. Each State Party shall ensure that, as a minimum, the following acts and activities are fully covered under its criminal or penal law, whether such offences are committed domestically or transnationally or on an individual or organized basis: (a) In the context of sale of children as defined in article 2: (i) Offering, delivering or accepting, by whatever means, a child for the purpose of: a. Sexual exploitation of the child; b. Transfer of organs of the child for profit; c. Engagement of the child in forced labour; (ii) Improperly inducing consent, as an intermediary, for the adoption of a child in violation of applicable international legal instruments on adoption; (b) Offering, obtaining, procuring or providing a child for child prostitution, as defined in article 2; (c) Producing, distributing, disseminating, importing, exporting, offering, selling or possessing for the above purposes child pornography as defined in article 2. Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (2000) Movement activities in connection with irregular migration and human trafficking In recent years National Societies have started to address issues raised by all forms of irregular migration, including human trafficking. The Federations Secretary General outlined the challenge involved in a statement to 6th European Regional Conference in 2002:
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I am also thrilled that the [Berlin] Charter we have adopted commits us all to be courageous in action and in speaking out on behalf of the most vulnerable. But are we really ready and willing to do that? Are we prepared to reach out to the new untouchables? Are we prepared to enter into the no mans land where their status places them to support and assist them? This represents a two-fold challenge: - Firstly it is an internal challenge, because it demands that we work to an even greater extent with irregular migrants as well as in our existing programmes for refugees and internally displaced persons. It means widening our programming to where the most vulnerable are establishing structures of support in areas where there are few existing branches or volunteers. This is an institutional as well as a programmatic challenge. - Secondly, it is an external challenge, because these interventions will strain National Society relations with its own government and fellow citizens. It demands that we reject forcefully all types of racism, xenophobia and discrimination. It means working intensively to allay the fear and that deep-rooted suspicion of outsiders which characterises every community. Statement by the Secretary General of International Federation, 6th European Regional Red Cross and Red Crescent Conference (Berlin Conference) (2002) At this Regional Conference European National Societies committed themselves in the Berlin Charter to work with those whom migration has placed in special jeopardy. The wording of this Charter could apply equally well to all parts of the Red Cross and Red Crescent Movement (available at www.ifrc.org). 2. We declare our determination to bring particular attention to the needs of those whom migration has placed in special jeopardy: people living in the shadow of illegality, people excluded from health care access by definitions which discriminate against them and, most of all, the children whose futures are threatened by such discrimination. 3. We reaffirm the entitlement of every individual to enjoy basic human rights in accordance with international law. We will use our unique relationship with governments and civil society to advocate that these rights be extended to all new arrivals in our countries, regardless of their legal status We want to extend our assistance and protection to all those in need of it, in accordance with international humanitarian law, human rights law, tolerance and human dignity. 4. We commit ourselves and our dedicated and motivated volunteers and staff to take immediate and sustained action to address the human vulnerabilities arising from all forms of population movement, irrespective of the status of the individuals themselves Berlin Charter, 6th European Regional Red Cross and Red Crescent Conference (Berlin Conference) (2002) Additionally, in 2003 the 17th Inter-American Conference committed National Societies to Promote the alleviation of the difficulties experienced by migrant and displaced populations and affirm that all
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individuals are entitled to basic human rights including the right to health (The Santiago de Chile Commitment). Based on these commitments the response of the Movement should be two fold: greatly increased advocacy for the right of people to leave their country to seek refuge elsewhere and to be treated with respect and in accordance with their rights regardless of the way and why they arrived and a commitment to take action to address the resulting human vulnerabilities. Advocacy should be addressed to all levels within governments from the most senior politicians to the most junior police officer or welfare official. It thus needs the efforts of all levels within National Societies. Often the first step will be one of leadership to educate the staff and volunteers in the rights and needs of all uprooted people and to use the issue of population movement to emphasise the proper application of the Fundamental Principles. Advocacy is needed to persuade governments to develop legal avenues of entry that will help to decrease the vulnerability of uprooted people. Work with individual people will be needed to support them in the search for legal and secure solutions. Assistance may also be needed to help restoring family links. PERCO has adopted recommendations on possible action of National Societies with regard to irregular migration (Working Group on Irregular Migration: Final Report). Human trafficking Victims of trafficking will need a wide range of support, some of which e.g. security and protection from traffickers are outside the normal activities of a National Society. However, the Movement is well placed to provide many of the needs. These may include: medical attention, including testing and counselling in connection with sexually transmitted diseases and HIV; help in restoring family links; support and advice in connection with finding a solution.
Finding solutions for victims of trafficking is difficult. Although force is sometimes used, traffickers normally recruit their victims by exploiting pre-existing vulnerabilities it is no coincidence that most trafficking is from countries with relatively weak economies to those with relatively strong ones. For the individual victim, a solution involves not only return to their country or origin but also assistance in finding a way of making a reasonable living. However, the solution needs to be sustainable and it must not act as a perverse incentive for new people or even the same people to fall into the hands of traffickers. The most important task of the Movement is in confronting the forces that sustain trafficking. This will involve public awareness work. It will involve advocacy with governments in order to find long-term solutions. It will involve work with social welfare officials to ensure that victims of
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trafficking get support rather than blame. It will involve addressing the vulnerabilities that presented the traffickers with their opportunity. The Federation has published two papers on the issue of human trafficking (available at www.ifrc.org): Trafficking in human beings and the RC/RC Movement A European perspective; Red Cross/Red Crescent Europe wide cooperation programme against human trafficking.
The latter one includes a list of suggested activities, dealing with prevention, assistance and reintegration and advocacy. In some countries IOM implements counter-trafficking activities, including information campaigns, counselling services, research on human trafficking, return and reintegration assistance to victims of trafficking and support to governments to improve their legal systems and technical capacities to counter trafficking (see www.iom.int). In addition, the International Labour Organization (ILO) is concerned with the issues of migrant labour, including combating human trafficking (see www.ilo.org).
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15 Personal Behaviour
Background The Fundamental Principles provide an ethical framework for the Movement with implications for Red Cross and Red Crescent workers. This is true of all such workers, paid or unpaid, senior or junior, expatriate or local or uprooted. These implications can largely be covered by two concepts: respect for people; and the unacceptability of abuse.
The implications are spelt out in a number of documents. The Movement is committed to the Code of Conduct for the International Red Cross and Red Crescent Movement and NGOs in Disaster Relief agreed with other humanitarian organisations (see chapter 6). Each component of the Movement has its own guidance for staff. In particular, everyone connected with a programme of the Federation needs to observe the Code of Conduct for all Staff of the Federation Secretariat that sets out the behaviour that is expected from all workers staff and volunteers as well as contractors and sub-contractors. Respect for people The basis for all interactions with moving and displaced people at risk is their right to be treated with dignity and in a way that respects their rights. Respect implies a duty to consult and inform them on the work being done on their behalf and to involve them in the planning. Peoples needs will only be answered if programmes pay attention to their aspirations and to their priorities. Respect also implies a responsibility to enable them to take responsibility for their own lives to the greatest extent possible. By the nature of the work, humanitarian workers including Red Cross and Red Crescent staff and volunteers have power, sometime immense power, over the way uprooted people live. This distorts human relationships and can lead to tensions. The table below provides an analytical overview of concerns and complaints that people affected by disaster frequently raise with government authorities and humanitarian workers (taken from the Humanitarian Accountability Project (HAP) and available at www.hapinternational.org).
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Entitlement claims Quality of assistance Physical and legal vulnerability

Affected but not in target group In target group but not on list Disagreement with targeting criteria or with allocation criteria Diversion of assistance Abuse of power of those controlling relief goods, e.g. demand for sexual services Need for/right to continuation of assistance Right to other types of assistance, e.g. education Right to information Right to a say in policies and activities on their behalf Right to compensation
Dignity
Arrogance of officials and aid workers Discreetness (not standing out as displaced, poor, rape victim, welfare recipient etc.)
Timeliness Appropriateness (technical, social, cultural) Adequacy (quantity) Accessibility Level or standard of assistance, remuneration or compensation Meaningfulness of assistance schemes, such as public works for food Special needs addressed or not (children, elderly, disabled, chronically ill, women)
Reunification with or adoption by social group (family or wider social group) Protection from violence and abuse Legal aid Legal identity, also for women in the family Protection through asylum, or by relocation or repatriation
Own capacity and empowerment

Recognition and use of local skills Livelihood support or not, and its quality Quality of information given Quality of representation of affected people
Relational (dis)trust
Aloofness of/no access to aid providers Perceived self-interest of aid providers (wealth and power) Assessment fatigue Broken promises Unaddressed grievances Quality of dialogue with aid providers Perceived hidden agenda (political, economic) Tensions between host population and displaced population
Impact
Impact on health and wellbeing Impact on safety and security Impact on the environment Economic impacts (e.g. on workload, income, regularity of income, winners/losers) Social impacts (e.g. restoration of family contacts, social harmony or dispute, social proximity or distance, more or less traditional selfhelp through sharing) Political impacts Moral impacts (e.g. on peoples values and attitudes...)
Root causes and durable solutions

Justice, respect for rights Peace Reconciliation Reintegration Disarmament
Concerns and Complaints of Disaster-Affected People (HAP Briefings 4), Humanitarian Accountability Project (2001)
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Respect is shown by acknowledging that these concerns and complaints are valid and by explaining the constraints faced in providing services. Some of them are fundamental (e.g. the ones concerned with dignity) and if raised immediate action is needed to remove the cause. Any power must be used constructively and positively and in consultation with displaced people at risk. At no times should the views or beliefs of humanitarian workers be imposed on the people they are trying to assist. Respect for the host community Humanitarian organizations need to recognize the dangers of providing assistance to uprooted people while ignoring the needs of the people who live in the area where protection and assistance are provided. In the Red Cross and Red Crescent Movement, this is closely connected with the Fundamental Principle of Impartiality. If local people are more vulnerable than the uprooted population priorities have to be adjusted correspondingly. In addition to humanitarian concerns, respect must be shown to local people. The potential negative impact of a large-scale humanitarian programme on the local population must be mitigated. Respect for cultures According to the Code of Conduct for the International Red Cross and Red Crescent Movement and NGOs in Disaster Relief We will endeavour to respect the culture, structures and customs of the communities and countries we are working in. In practice this respect has limitations. For example, some cultures are based on power inequalities that offend humanitarian values. Nevertheless, the Movement needs to take a sensitive approach when addressing such concerns. In the case of gender discrimination women need to be supported in activities (perhaps economic activities) that will enable them to challenge the discrimination when they feel the time is appropriate. In addition, displacement might remove some of the social balances that keep gender discrimination within certain limits. Supporting women who are trying to restore these balances should be a high priority. The Federation and National Societies have agreed a Gender Policy which defines the main approach to how to address gender issues (available at www.ifrc.org). Abuse of power The Fundamental Principles require everyone to observe impartiality. If assistance is motivated or distributed according to any other priorities, power is being abused. Abuse of power is a global problem, which can affect anyone, anywhere. For humanitarian agencies, the abuse of power represents a betrayal of trust and the worst possible failure in caring for and protecting those in
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need. The Movement needs to take a lead role in addressing this gross abuse of human rights. The Federations Code of Conduct for all Staff of the Federation Secretariat addresses the issue directly. Sexual behaviour Sexual abuse and sexual exploitation are flagrant examples of the abuse of power. The Movement, together with other humanitarian organizations, have been working on ways of preventing these abuses. A Task Force set up by the IASC is leading this work and its report on Protection from Sexual Exploitation and Abuse in Humanitarian Crises has been accepted by major donors (available at ochaonline.un.org). A. Core principles of a code of conduct Humanitarian agencies have a duty of care to beneficiaries and a responsibility to ensure that beneficiaries are treated with dignity and respect and that certain minimum standards of behaviour are observed. In order to prevent sexual exploitation and abuse, the following core principles must be incorporated into agency codes of conduct: - Sexual exploitation and abuse by humanitarian workers constitute acts of gross misconduct and are therefore grounds for termination of employment. - Sexual activity with children (persons under the age of 18) is prohibited regardless of the age of majority or age of consent locally. Mistaken belief regarding the age of a child is not a defence. - Exchange of money, employment, goods, or services for sex, including sexual favours or other forms of humiliating, degrading or exploitative behaviour is prohibited. This includes exchange of assistance that is due to beneficiaries. - Sexual relationships between humanitarian workers and beneficiaries are strongly discouraged since they are based on inherently unequal power dynamics. Such relationships undermine the credibility and integrity of humanitarian aid work. - Where a humanitarian worker develops concerns or suspicions regarding sexual abuse or exploitation by a fellow worker, whether in the same agency or not, he or she must report such concerns via established agency reporting mechanisms. - Humanitarian workers are obliged to create and maintain an environment which prevents sexual exploitation and abuse and promotes the implementation of their code of conduct. Managers at all levels have particular responsibilities to support and develop systems which maintain this environment. Plan of Action, Report of the Inter-Agency Standing Committee Task Force on Protection from Sexual Exploitation and Abuse in Humanitarian Crises (2002) The principles set out in the report apply directly to anyone who works for a humanitarian agency.
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It should be noted that economic hardship can create situations where women, in particular, are prepared to enter exploitative relationships. This does not make the exploitation acceptable. Uprooted children are at particular risk from sexual exploitation. In this context, the Movement uses the definition of a child in the Convention on the Rights of the Child, rather than any provision of national legislation. In other words, anyone under the age of 18 is regarded as a child. What you should do if you believe someone is abusing his/her power 1. You must report as soon as possible all such concerns via established management lines, or, if considered inappropriate, directly to human resource or risk management and audit department. Failure to report such concerns could be considered as misconduct. 2. You should respect the confidentiality of all parties and only disclose your concerns to the appropriate manager or management line. 3. As instructed by the secretary general, the management line may conduct an initial assessment of the claim at the point of identification. This may involve talking to relevant people involved in order to determine whether or not the allegation is credible. If there is a credible allegation, the manager must immediately inform the head of human resources department and his/her superior. 4. If a concern is identified, a decision will be taken by the relevant division director, in consultation with the head of human resources and the governance support and legal department, on the most appropriate form of investigation and next steps. 5. The Federation will take disciplinary action, including termination of mission/employment if acts of gross misconduct are substantiated. Other legal actions or consequences may follow. Appendix 3, Federations Code of Conduct for all Staff of the Federation Secretariat (2003) Behaviour that increases safety Behaviour can have a considerable influence on personal safety. In this, Movement Principles provide a good guide and, in particular, a nonconfrontational approach with all parties will increase the chances of avoiding being robbed or attacked. In Operational Security Management in Violent Environments: A Field Manual for Aid Agencies the following ways to increase personal safety are suggested: Maintain constant situational awareness;
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Remain security conscious; Maintain contact and communications; Maintain a low profile; Move with self-confidence and determination; Be tactful and diplomatic; Manage your stress levels; Be a constructive team member; Be prepared to face a threat.
The manual is available from the Humanitarian Practice Network (HPN) at www.odihpn.org. International staff are likely to be repatriated if the security situation deteriorates. National staff and volunteers have no such option and need to take particular care to act and be seen as acting in a respectful and impartial manner. International staff need to be sensitive to this and should avoid asking national workers to act in ways that risk their safety in the future. In addition, anything done that reduces respect for the Red Cross and Red Crescent emblem will have a direct effect on the safety of all workers.
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References and further reading

References Red Cross and Red Crescent Movement papers and publications Addressing the Needs of Women Affected by Armed Conflict: An ICRC Guidance Document, ICRC (2004) available at www.icrc.org Assistance to asylum seekers in Europe: A guide for National Red Cross and Red Crescent Societies (includes a compilation of all relevant Movement resolutions 1981-2001), International Federation (2003) available at www.ifrc.org Code of Conduct for all Staff of the Federation Secretariat, International Federation (2003) Guidelines for emergency assessment, International Federation (2005) available at www.ifrc.org Handbook for Delegates, International Federation (2002) Red Cross/Red Crescent Europe wide cooperation programme against human trafficking, International Federation (2003) available at www.ifrc.org Restoring family links: a guide for National Red Cross and Red Crescent Societies, ICRC (2001) The Fundamental Principles of the Red Cross: commentary, by Jean Pictet, Henry Dunant Institute (1979) available at www.icrc.org Trafficking in human beings and the RC/RC Movement A European perspective, International Federation (2003) available at www.ifrc.org Vulnerability and capacity assessment: An International Federation Guide, International Federation (1999) available at www.ifrc.org Working Group on Irregular Migration: Final Report, PERCO General Meeting in Split (2004) World Disasters Report: Focus on ethics in aid, International Federation (2003) summary available at www.ifrc.org Red Cross and Red Crescent Movement resolutions, etc. Agreement on the Organization of the International Activities of the Components of the Red Cross and Red Crescent Movement (Seville Agreement), Council of Delegates (1997) available at www.icrc.org Berlin Charter, 6th European Regional Red Cross and Red Crescent Conference (Berlin Conference) (2002) available at www.ifrc.org Gender Policy, 12th Session of the General Assembly of the International Federation (1999) available at www.ifrc.org International Red Cross Aid to Refugees (Resolution 21), 24th International Conference (1981) Movement Action in Favour of Refugees and Internally Displaced Persons (Resolution 4), Council of Delegates (2001) available at www.icrc.org
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Movement Action in Favour of Refugees and Internally Displaced Persons and Minimum Elements to be Included in Operational Agreements between Movement Components and their External Operational Partners (Resolution 10), Council of Delegates (2003) available at www.icrc.org Plan of Action (Resolution 1), 27th International Conference (1999) available at www.icrc.org Plan of Action of the Red Cross in the Struggle Against Racism and Racial Discrimination, Board of Governors (International Federation) (1973) available at www.ifrc.org Principles and Action in International Humanitarian Assistance and Protection (Resolution 4), 26th International Conference (1995) Principles and Rules for Red Cross and Red Crescent Disaster Relief, 25th International Conference (1986) available at www.icrc.org Promote Respect for Diversity and Fight Discrimination and Intolerance (Resolution 9), Council of Delegates (2003) available at www.icrc.org Protecting human dignity, 28th International Conference (2003) available at www.icrc.org Refugees and other displaced people (Policy), Governing Board (International Federation) (2003) available at www.ifrc.org Statutes of the International Red Cross and Red Crescent Movement, 26th International Conference (1995) available at www.icrc.org Strategy 2010, 12th Session of the General Assembly of the International Federation (1999) available at www.ifrc.org The International Red Cross and Red Crescent Movement and Refugees (Resolution 9), Council of Delegates (1991) The Movement and Refugees (Resolution 17), 25th International Conference (1986) The Movement, Refugees and Displaced Persons (Resolution 7), Council of Delegates (1993) The Santiago de Chile Commitment, 17th Inter-American Conference of the Red Cross (2003) available at www.ifrc.org UNHCR documents and publications Conclusions on International Protection, Executive Committee (1975-) available at www.unhcr.ch Education: Field Guidelines (2003) available at www.unhcr.ch Guidelines on Applicable Criteria and Standards Relating to the Detention of Asylum Seekers (1999) available at www.unhcr.ch Guidelines on International Protection (2002-) available at www.unhcr.ch Guidelines on the Protection of Refugee Women (1991) available at www.unhcr.ch Handbook for Emergencies (2000) available at www.unhcr.ch
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Handbook for Registration (2003) available at www.unhcr.ch Handbook for Repatriation and Reintegration Activities (2004) available at www.unhcr.ch Handbook on Procedures and Criteria for Determining Refugee Status (1992) available at www.unhcr.ch Handbook on Voluntary Repatriation: International Protection (1996) available at www.unhcr.ch Learning for a future: refugee education in developing countries (2001) available at www.unhcr.ch Mental health of refugees (1996) available at www.unhcr.ch Partnership: An Operations Management Handbook for UNHCRs Partners (2003) ) available at www.unhcr.ch Refugee Resettlement: An International Handbook to Guide Reception and Integration (2002) available at www.unhcr.ch Reproductive Health in refugee situations: an Inter-agency Field Manual (1999) available at www.unhcr.ch Resettlement Handbook (2002) available at www.unhcr.ch Revised (1995) Guidelines for Educational Assistance to Refugees available at www.forcedmigration.org Sexual and Gender-Based Violence against Refugees, Returnees and Internally Displaced Persons: Guidelines for Prevention and Response (2003) available at www.unhcr.ch The Civilian Character of Asylum: Separating Armed Elements from Refugees (2001) available at www.unhcr.ch. Inter-agency and other external publications, etc. Action for the Rights of Children, Save the Children (2002) available at www.savethechildren.net/arc Basic Course on Internal Displacement, IASC (2002) available at www.idpproject.org Camp Management Toolkit, Norwegian Refugee Council (2004) available at www.nrc.no Code of Conduct for the International Red Cross and Red Crescent Movement and NGOs in Disaster Relief, ICRC/International Federation (1994) available at www.icrc.org Concerns and Complaints of Disaster-Affected People (HAP Briefings 4), Humanitarian Accountability Project (2001) available at www.hapinternational.org Emergency Migration Management (training module), International Organization for Migration (IOM) (1997). Humanitarian Charter and Minimum Standards in Disaster Response (Sphere Handbook), The Sphere Project (2004) available at www.sphereproject.org
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Impact of Armed Conflict on Children, UN/UNICEF (1996) available at www.unicef.org Inter-agency guiding principles on unaccompanied and separated children, ICRC (2004) Migrant Workers, Report of the Special Rapporteur on the human rights of migrants (E/CN.4/2003/85 sect. III), UN Commission on Human Rights (2002) available at www.ohchr.org Older people in disasters and humanitarian crises: Guidelines for best practice, HelpAge International (2000) available at www.helpage.org Operational Security Management in Violent Environments: A Field Manual for Aid Agencies, Humanitarian Practice Network (HPN) (2000) available at www.odihpn.org Protecting Refugees: A Field Guide for NGOs (1999) available at www.forcedmigration.org Report of the Inter-Agency Standing Committee Task Force on Protection from Sexual Exploitation and Abuse in Humanitarian Crises, IASC (2002) available at ochaonline.un.org The Declaration of The Hague on the Future of Refugee and Migration Policy, Society for International Development (SID) (2002) International instruments, etc. Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, UN General Assembly (1988) available at www.ohchr.org Cartagena Declaration on Refugees, Colloquium on the International Protection of Refugees in Central America, Mexico and Panama (1984) available at www.unhcr.ch Convention Against Transnational Organized Crime (Palermo Convention), UN General Assembly (2000) available at www.unodc.org Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, UN General Assembly (1984) available at www.ohchr.org Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (1949) available at www.icrc.org Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (1949) available at www.icrc.org Convention Governing the Specific Aspects of Refugee Problems in Africa, Organization of African Unity (OAU) (1969) available at www.unhcr.ch Convention on the Elimination of All Forms of Discrimination against Women, UN General Assembly (1979) available at www.ohchr.org Convention on the Rights of the Child, UN General Assembly (1989) available at www.ohchr.org Convention relating to the Status of Refugees (Refugee Convention) (1951) available at www.unhcr.ch
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Convention relating to the Status of Stateless Persons (1954) available at www.ohchr.org Convention (III) relative to the Treatment of Prisoners of War (1949) available at www.icrc.org Convention (IV) relative to the Protection of Civilian Persons in Time of War (1949) available at www.icrc.org Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, European Union (2004) available at europa.eu.int European Convention for the Protection of Human Rights and Fundamental Freedoms, Council of Europe (1950) available at www.coe.int General Comment No. 08: Right to liberty and security of persons, Human Rights Committee (1982) available at www.ohchr.org General Comment No. 15: The position of aliens under the Covenant, Human Rights Committee (1986) available at www.ohchr.org Guiding Principles on Internal Displacement (1998) available at www.icrc.org International Convention on the Elimination of All Forms of Racial Discrimination, UN General Assembly (1965) available at www.ohchr.org International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, UN General Assembly (1990) available at www.ohchr.org International Covenant on Civil and Political Rights, UN General Assembly (1966) available at www.ohchr.org International Covenant on Economic, Social and Cultural Rights, UN General Assembly (1966) available at www.ohchr.org Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, UN General Assembly (2000) available at www.ohchr.org Protocol (I) Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (1977) available at www.icrc.org Protocol (II) Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (1977) available at www.icrc.org Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention Against Transnational Organized Crime, UN General Assembly (2000) available at www.unodc.org Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime, UN General Assembly (2000) available at www.unodc.org Protocol relating to the Status of Refugees (1967) available at www.unhcr.ch
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Standard Minimum Rules for the Treatment of Prisoners, First United Nations Congress on the Prevention of Crime and the Treatment of Offenders (1955) available at www.ohchr.org Universal Declaration of Human Rights, UN General Assembly (1948) available at www.ohchr.org Further reading Agenda for Protection, UNHCR (2003) available at www.unhcr.ch Aid: supporting or undermining recovery? Lessons from the Better Programming Initiative, International Federation (2003) Children Affected by Armed Conflict, UNICEF (2002) available at www.unicef.org Disabled people in refugee and asylum seeking communities, by Keri Roberts and Jennifer Harris, The Policy Press (2002) Disaster management and coordination, International Federation (2003) Do No Harm: how aid can support peace or war, by Mary B Anderson, Lynne Reinner Publishers (1999) Frequently Asked Questions on International Humanitarian, Human Rights and Refugee Law in the context of armed conflict, IASC Task Force on Humanitarian Action and Human Rights, UN (2004) available at www.icrc.org Growing the Sheltering Tree Protecting Rights Through Humanitarian Action, IASC, UNICEF (2002) Guidelines on family reunification, PERCO, International Federation (2001) available at www.ifrc.org Guidelines on the reception of asylum seekers, PERCO, International Federation (2001) available at www.ifrc.org Mental Health Services in Disasters: Manual for Humanitarian Workers, by Raquel E Cohen, Pan American Health Organization (2000) Refugee Protection in International Law: UNHCRs Global Consultations on International Protection, edited by Erika Feller, Volker Trk and Frances Nicholson, UNHCR, Cambridge University Press (2003) Strengthening protection in war: a search for professional standards, ICRC (2001) The Gendered Terrain of Disaster: Through Womens Eyes, edited by Elaine Enarson and Betty Hearn Morrow, Praeger Press (1998) The State of the Worlds Refugees, various years, UNHCR, Oxford University Press available at www.unhcr.ch Women facing war, ICRC (2001) available at www.icrc.org World Refugee Survey, produced each year by U.S. Committee for Refugees available at www.refugees.org
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Acronyms and abbreviations

ARC BPI CIS ECRE ERU EU FACT FMO HIV HPN IASC ICRC ICVA IDP IFRC ILO IOM IRC OAU OCHA PERCO RCM SCHR UAM UN UNDP UNFPA UNHCR UNICEF UNRWA USCR VCA WFP WHO American Refugee Committee Better Programming Initiative Commonwealth of Independent States European Council on Refugees and Exiles Emergency Response Unit European Union Field Assessment and Coordination Team Forced Migration Online Human Immunodeficiency Virus Humanitarian Practice Network Inter-Agency Standing Committee (UN) International Committee of the Red Cross International Council of Voluntary Agencies Internally Displaced Person International Federation of Red Cross and Red Crescent Societies International Labour Organization International Organization for Migration International Rescue Committee Organization of African Unity (African Union) Office for Coordination of Humanitarian Affairs Platform for European Red Cross Co-operation on Refugees, Asylum Seekers and Migrants Red Cross message Steering Committee for Humanitarian Response Unaccompanied Minor United Nations United Nations Development Programme United Nations Fund for Population Activities United Nations High Commissioner for Refugees United Nations Childrens Fund United Nations Relief and Works Agency U.S. Committee for Refugees Vulnerability and Capacity Assessment World Food Programme World Health Organization
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Useful contacts
International Committee of the Red Cross (ICRC) 19 avenue de la Paix CH-1202 Geneva Switzerland Phone +41 22 734 60 01 Fax +41 22 733 20 57 E-mail: webmaster.gva@icrc.org Website: www.icrc.org International Federation of Red Cross and Red Crescent Societies PO Box 372 CH-1211 Geneva 19 Switzerland Phone: +41 22 730 42 22 Fax: +41 22 733 03 95 E-mail: secretariat@ifrc.org Website: www.ifrc.org PERCO Red Cross / EU Office Rue Belliard 65, Box 7 B-1040 Brussels Belgium Phone: +32 2 235 06 80 Fax: +32 2 230 54 64 E-mail: infoboard@redcross-eu.net Website: www.redcross-eu.net The following organisations are best contacted locally. Their respective website should be consulted for contact details: United Nations High Commissioner for Refugees (UNHCR) www.unhcr.ch United Nations Childrens Fund (UNICEF) www.unicef.org World Food Programme (WFP) www.wfp.org European Union (EU) europa.eu.int
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United Nations organisations: International Labour Organization (ILO) E-mail: ilo@ilo.org Website: www.ilo.org OCHA Internal Displacement Unit E-mail: idpunit@un.org Website: ochaonline.un.org Intergovernmental organisations: International Organization for Migration (IOM) E-mail: info@iom.int Website: www.iom.int Non-governmental organisations: Amnesty International Website: www.amnesty.org Human Rights Watch E-mail: hrwnyc@hrw.org Website: www.hrw.org CARE International Secretariat E-mail: info@care-international.org Website: www.care-international.org Caritas Internationalis E-mail: caritas.internationalis@caritas.va Website: www.caritas.org December 18 E-mail: info@december18.net Website: www.december18.net (Portal for the Promotion and Protection of the Rights of Migrants) International Council of Voluntary Agencies (ICVA) E-mail: secretariat@icva.ch Website: www.icva.ch International Rescue Committee (IRC) E-mail: info@theirc.org Website: www.theirc.org International Save the Children Alliance E-mail: info@save-children-alliance.org Website: www.savethechildren.net
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Islamic Relief International Head Office E-mail: HQ@islamic-relief.org.uk Website: www.islamic-relief.com Lutheran World Federation E-mail: info@lutheranworld.org Website: www.lutheranworld.org International Centre for Migration and Health E-mail: admin@icmh.ch Website: www.icmh.ch Migrants Rights International E-mail: migrantwatch@vtx.ch Website: www.migrantwatch.org Norwegian Refugee Council Global IDP Project E-mail: elisabeth.rasmusson@nrc.ch Website: www.idpproject.org Oxfam International E-mail: information@oxfaminternational.org Website: www.oxfam.org World Council of Churches E-mail: infowcc@wcc-coe.org Website: www.wcc-coe.org U.S. Committee for Refugees E-mail: uscr@irsa-uscr.org Website: www.refugees.org
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[Standard inside back cover: Fundamental Principles]

Working With Refugees, Asylum Seekers and Others Affected by Population Movement

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International Federation of Red Cross and Red Crescent Societies

Refugees, Asylum Seekers

2005 International Federation of Red Cross and Red Crescent Societies

4 THE LAW APPLYING TO THE MOVING AND DISPLACED.......................... 25

5 WHO DOES WHAT IN THE MOVEMENT ....................................................... 34

2005 International Federation of Red Cross and Red Crescent Societies

6 HOW DOES THE MOVEMENT RELATE TO OTHER ACTORS?................... 40

7 HOW IS THE BASIC APPROACH PUT INTO PRACTICE? ........................... 48

8 PREVENTION AND PREPARATION .............................................................. 56

9 TRANSIT AND ARRIVAL OF PEOPLE........................................................... 60

10 CARE AND MAINTENANCE ......................................................................... 69

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

14 HUMAN SMUGGLING AND TRAFFICKING ............................................... 105

15 PERSONAL BEHAVIOUR ........................................................................... 111

REFERENCES AND FURTHER READING......................................................... 117

ACRONYMS AND ABBREVIATIONS ................................................................. 123 USEFUL CONTACTS .......................................................................................... 124

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

PART I SETTING THE SCENE

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

4 The law applying to the moving and displaced

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

5 Who does what in the Movement

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

6 How does the Movement relate to other actors?

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies

2005 International Federation of Red Cross and Red Crescent Societies