L. Craig Johnstone

Deputy High Commissioner

United Nations High Commissioner for Refugees

Tuesday, February 26, 2008

 

 

 

“Iraqi Refugees: Can the US Do More to Help?”

 

 

Written Statement before the:

House Committee on Foreign Affairs, Subcommittee on International Organizations, Human Rights, and Oversight and the Subcommittee on Middle East and South Asia

 

 

 

 

 

 

“Iraqi Refugees: Can the US Do More to Help?”

 

Statement by the Deputy High Commissioner for Refugees

 

Introduction

 

Mr. Chairman and members of Congress and staff, on behalf of the Office of the United Nations High Commissioner for Refugees (UNHCR), I would like to express our appreciation for the opportunity to appear before you today to address UNHCR’s grave concerns about the continuing plight of Iraqi refugees and the burdens being borne by their respective host communities.  I would also like to request that my full written statement be submitted for the record.

 

Background

 

UNHCR is charged by the international community with ensuring refugee protection and identifying durable solutions to refugee situations.  Our mandate is grounded in the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol (hereinafter “ the Refugee Convention”), which define a refugee as a person having a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group.

 

UNHCR has had a presence in Iraq and the surrounding region since 1987.  At no point during this time, however, have we faced the magnitude of displacement and growing vulnerability that we do today.

 

UNHCR estimates that the number of displaced Iraqis is well over 4 million, including some 2.2  million internally displaced inside of Iraq and up to 2 million outside the country.  It should be noted that these numbers encompass both those displaced during the time of Saddam Hussein as well as those displaced after his departure. Thankfully, the level of displacement, for a number of reasons, has stabilized over the past few months. It has not stopped, but the overall rate has decreased.

 

The Protection Environment in Neighboring Host Countries

 

The protection situation in countries in the region that are hosting significant numbers of Iraqis varies.  Turkey, Iran, and Egypt are signatories to the Refugee Convention.  In light of the absence of functioning refugee status determination procedures in these countries, however, UNHCR regularly undertakes individual refugee status determinations under its mandate. Syria, Jordan and Lebanon, which host the largest Iraqi populations, are not signatories and there is no formal structure for the protection of and assistance to Iraqis.

 

Since 19th March 2003, UNHCR has advocated for recognition of the international protection needs of Iraqis outside their country of origin and, hence, for a suspension of forced returns.  While states in the region have, overall, been very generous in their receptivity to arriving Iraqis, to date this has been effected by a general tolerance of Iraqis through limited periods of stay.[1]  This response, however, does not recognize specific entitlements or rights, such as the right to work, and has been characterized as “temporary protection.”  It also has no defined legal or administrative basis, and has been interpreted regionally as a situation of “tolerated illegality” that lacks any grounding in principles of protection.

 

 

Window of Opportunity

 

The timing of this inquiry is particularly poignant as, while it is almost five years since the invasion, it is also a time where a window of opportunity exists to more effectively address the massive and growing humanitarian needs in the region. This window must be fully exploited as the personal, social, political, and security consequences of ignoring it will be deep and broad.

 

While UNHCR has been a vocal advocate on behalf of victims of the violence in Iraq, we are also aware that the only real durable solution for the bulk of Iraq’s displaced will be their eventual repatriation. Unfortunately, not all will be able to return in safety and dignity and, for those, we must move towards finding them resettlement or must support governments and communities in the region to extend their generosity even further.

 

While dealing with the suffering of refugees on a daily basis could lead one to cynicism and despair, it also makes one more determined to search for, identify and pursue opportunities for solutions, regardless of how remote they may be. It is the opinion of my High Commissioner that we are at a critical point in relation to the future of Iraq’s displaced, and how we respond to their needs and the needs of their host communities over the next six months will impact not only their well-being but that of Iraq, the region, and the wider international community.

 

What are the context and the elements which make up this window of opportunity (and their respective constraints)?

 

Inside Iraq there has been a clear improvement in the security situation, which has created a window of opportunity for action on the political front.  The success and sustainability of this action, however, will largely depend on the leadership of the Iraqi government addressing some of the pending political issues, such as national reconciliation, the status of Kirkuk and other disputed areas, distribution of oil revenues, the constitutional review and many other difficult issues.  Without tangible progress on the political front, the country risks falling back into the cycle of sectarian violence witnessed over the past two years.  Pressure should continue to be exerted by all concerned parties on the Government of Iraq (GoI) to recognize the humanitarian dimension of the problem and the need to maintain links with the large numbers of Iraqis outside their country.  It is also worth noting that the long term presence of such numbers of Iraqi refugees in neighboring countries may eventually become a security threat, which can and should be avoided. Likewise, the lack of assistance to refugees and host communities in neighbouring states could also lead to a mass (coerced) return to Iraq as the ability of host governments to provide assistance, as well as the coping mechanisms of refugees, incrementally fail. The likelihood that the bulk of refugees will not be able to return to their original home and will be forced into secondary displacement will also have a significant destabilizing effect on the social and security environment within Iraq.

 

Can it really be in Iraq’s short, medium and long-term interests for it and the international community to continue to neglect the needs of its displaced to such an extent that, out of desperation, Iraqi refugees are incrementally forced into greater poverty and hardship or, if they can, to return, angry, disillusioned, desperate, vulnerable and susceptible to the influence of extremist elements and non-state actors? Or, rather, is it in Iraq’s interests to provide sufficient humanitarian assistance and protection to the displaced (and their host communities) so as to:

 

  1. decrease their vulnerability by addressing their most pressing protection and assistance needs (including women, children, the elderly and the sick);
  2. preserve the protection space (unfortunately, it is unlikely to be expanded) by providing sufficient support to host governments whose populations are increasingly angry about the social, economic, and security costs of hosting Iraqi refugees;
  3. discourage the most desperate to align themselves with non-state actors and extremist groups in order to obtain assistance;
  4. “buy time” for the displaced to decide when it is appropriate to return in safety and dignity (in other words, allow the opportunity to substantiate gains – expand the “window of opportunity”);
  5. demonstrate goodwill and positive engagement to regional governments;
  6. protect and enhance the credibility of the international community and international humanitarian institutions in the region?

 

In terms of the welfare of Iraqi refugees, the latter approach would clearly be preferable.

 

This window of opportunity should not be taken for granted as it is difficult to predict what the security environment will be like following the “surge” and the current pause in sectarian violence, what will happen if Muqtadr Sadr’s ceasefire expires or how long the generosity and tolerance of Iraq’s neighbours, particularly Syria and Jordan,[2] will last. Now is the time to substantiate recent gains and to integrate addressing the humanitarian needs of Iraq’s refugees into the wider strategic approach to Iraq.

 

UNHCR Activities

 

I can say, quite proudly, that UNHCR has assisted in keeping the window open by being a vocal advocate on needs of the displaced, the burdens being carried by host governments and the need for the international community to react. We have been able to partially “rent” and consolidate the asylum space in neighbouring states by demonstrating that action speaks louder than words and by treating this operation as an “exceptional” situation that requires an “exceptional” response. Some of our achievements have included:

 

  • registering 250,000 Iraqis[3] (registration assists in identifying the most vulnerable and linking their needs to appropriate assistance & protection activities);
  • referring 21,500 of the most vulnerable for resettlement[4] (the majority being to the US);[5]
  • increasing the provision of food assistance from 50,000 in November 2007, to 150,000 in February 2008. Subject to funding, we aim to assist over 350,000 by the end of 2008.[6]
  • supporting over 250,000 health interventions (the bulk being in the second half of 2007);
  • contributing (with UNICEF) to doubling the number of Iraqi children enrolled in school;[7]
  • securing an agreement with the Lebanese authorities to release and regularize the status of some 600 detained Iraqis;
  • providing hundreds of thousands of non-food items to displaced Iraqis;
  • covening an international conference in April 2007 to highlight the plight of Iraq’s displaced;
  • and increasing the number of staff working on the operation in the region from 50 to 400.

 

Mr. Chairman, everyday that the protection space is maintained in the region is a significant humanitarian achievement and we cannot assume that this space is safe. It is not. My trip to the region and that of the High Commissioner, underlined the tremendous burdens that both of their societies were under in coping with the presence of so many Iraqi refugees. King Hussein of Jordan, and President Al-Assad of Syria expressed their legitimate social, economic and security concerns and their continued expectation that the international community and regional governments would assist. While we were able to receive a clear commitment on the part of the host governments not to forcibly send Iraqis home, despite the illegal entry or stay of most of the Iraqi population, this should only be seen as a temporary reprieve and one based on the need for international burden sharing. Simply, rhetoric has to be replaced by serious and substantive action. This action includes:

 

a)       funding of existing appeals and the expansion of assistance and protection programmes (guarantee of multi-year funding so that agencies can enter into programmes);

b)      accelerated departures of resettlement cases

c)       identifying support mechanisms for the Iraqi Government to allocate additional funds for humanitarian assistance in neighbouring states;

d)      and addressing the outstanding security, physical, legal and material requirements in Iraq which need to be in place before Iraqis can return.

 

Mr. Chairman, the protection environment in Syria and Jordan has improved significantly in the past year. A great deal of trust has been established between UNHCR and the respective governments, as well as other partners. Both governments called upon the international community to show additional solidarity and burden sharing, especially in light of the anticipated challenges related to economic pressures, rising global prices of commodities and unease with the increasing burden on the average citizen.

 

In the context of this discussion I would like to acknowledge that, in relation to the Iraqi refugee crisis, the US Government has consistently been UNHCR’s strongest supporter, both politically and financially. Working together can we do more? Certainly – and we desperately need to, as the consequences of failing to maintain the momentum that was initiated in identifying, assisting and protecting Iraqis will be dire.

 

All that we ask is that we work jointly to mobilize the international community to be more responsive, to get the Iraqi Government to assume its responsibilities, and to rededicate ourselves to the task at hand. The relatively mild investment, as compared to the cost of the conflict, needed to address the most urgent humanitarian needs of Iraq’s refugees makes sense given the massive overall engagement by the US and the negative impact that neglecting these needs will have, not only on those most in need but on Iraq, the region and the wider international community.

 

UNHCR was tasked to substantially build up its operation and provide effective assistance and protection while also preserving the protection space in the region. This we have done. UNHCR’s efforts in the region are totally reliant upon the goodwill and support of asylum states such as Syria and Jordan. Both countries believe that, by demonstrating solidarity and respecting basic humanitarian principles, they should not be disadvantaged. Unfortunately, to this point, they have borne, and will continue to have to bear, the brunt of hosting most of Iraq’s two million refugees. Compared to the costs that these governments are accruing on a daily basis, the rest of the international community has gotten off lightly. This, however, will not last and the interest to be paid on ignoring these responsibilities in terms of stability and longer-term relationships in the region will be much higher.

 

The Potential for Returns

 

As previously mentioned, the potential for returns remains one of the most likely durable solutions for the bulk of Iraq’s displaced population. During the High Commissioner’s recent mission to the region, return to Iraq emerged as a central point with the Iraqi authorities as well as the neighboring countries. UNHCR’s stance continues to be that conditions prevailing in Iraq are not yet conducive for us to promote returns. UNHCR will, however, continue to assist those who are willing to return.  In the meantime, UNHCR has urged the Iraqi government to start preparing the ground for safe and dignified returns on a larger scale.  Many safeguards need to be put in place, including mechanisms for property restitution and compensation, alternative housing arrangements, access to public distribution systems and other basic services.  UNHCR has submitted a proposal to the Iraqi government to jointly undertake a return assessment mission to evaluate the present conditions and identify the gaps that need attention before massive returns can take place.  Discussions are ongoing with the Government of Iraq on this mission.

 

In view of the importance of the return issue, as well as the need to pursue building the capacity of relevant Iraqi institutions, UNHCR will position its new Representative for Iraq in Baghdad, rather than in Amman.  Furthermore, the number of international staff in Baghdad will, overall, be increased from two to five persons and they will be expected to work closely with the Iraqi government on a number of issues, including the plan of action for future returns.  In this respect, UNHCR will continue to prioritize investing in the capacity-building of our respective Iraqi counterparts. 

 

Resettlement

 

There is no country that has provided greater support to UNHCR’s global resettlement efforts than the United States.  We would, therefore, welcome the potential for increased resettlement of Iraqi refugees to this country.  At the same time, we would underscore that, for resettlement to be an effective tool of protection, it is essential that decisions on cases be concluded in a reasonable timeframe and that all parties have a shared understanding, in advance, of the criteria and standards to be applied. While appreciating the substantive constraints to processing Iraqi refugees in the region, we look forward to working closely with our US counterparts to meet the agreed number of 12,000 departures this financial year.

 

Funding Needs

 

UNHCR’s appeal of USD 261 million to support its 2008 activities, both inside Iraq and in neighbouring states, represents a continuing increase in our commitment to those displaced Iraqis as well as to their respective host communities. While UNHCR’s Iraq related programmes were relatively well funded in 2007, with our general appeal being 94 percent funded from 26 different states, we are unlikely to find the same diversification and interest from other states in addressing the increasing needs of Iraq’s refugees as we did last year. As an example, the only other country to provide a substantive commitment to UNHCR’s Iraq operation is Belgium, which has contributed USD 3 million. Unless we urgently receive additional funding, we will not only be required to stop expanding our outreach programmes but also to initiate cutting back on our successful assistance and protection programmes. This would be particularly unfortunate at a time when there is a window of opportunity for effective humanitarian action to have a positive impact on the well-being of the displaced, to sustain the efforts to preserve the protection space and to contribute to social, political and economic stability in the region. In relation to the needs of Iraq’s refugees, money does count.

 

There is no doubt that the US has been a generous contributor to UNHCR’s Iraq related programmes. However, if the question for today’s discussion is “Can the world, UNHCR and the US do more to help?” then the answer is an unequivocal “yes.”

 

Since 2003, the United States contribution to UNHCR’s Iraq operation has been:

 

2003: $28.1 million (representing approximately 32 percent of UNHCR’s budget appeal)

2004: $16.2 million (representing approximately 24 percent of UNHCR’s budget appeal)

2005: $19.9 million (representing approximately 22 percent of UNHCR’s budget appeal)

2006: $7.9 million (representing approximately 27.5 percent of UNHCR’s budget appeal)

2007: $36 million (representing approximately 30 percent of UNHCR’s budget appeal of USD 123,689,141)

2007: $30 million (representing approximately 30 percent of UNHCR’s component of the education budget of USD 98,975,000)

2008: $95.4 million[8] (representing approximately 36.5 percent of UNHCR’s total appeal budget of USD 261,558,863)

 

Conclusion

 

In closing, Mr. Chairman and members of the Subcommittee, I would like to thank you for your leadership in highlighting and addressing the critical protection needs of Iraqi refugees and others of concern in the region.  We look forward to working with you in the coming days to ensure that enhanced protection and assistance are delivered, and durable solutions are identified, through robust support and cooperation from the United States and other members of the international community.  Only by working together with the international community will we be able to address the political, social, and financial impact of large-scale displacement in the region and to ensure full protection of individual refugees and others of concern.

 

 

 



[1] In October 2007, Syria introduced visas for Iraqis: the first time that it has implemented such a requirement for a fellow Arab state. In February 2008, Jordan also introduced a visa requirement for Iraqis, although this largely regularized an already restrictive entry process for Iraqis to that country.

[2] While both countries have incrementally increased restrictions on the entry and stay of Iraqis, they have not been pro-actively forcing people to return and, according to our own statistics, only 50 registered Iraqis were detained by security forces in both countries during 2007. This compares very favorably with Lebanon which detained some 600 Iraqis in 2007.

 

[3] The registration process includes the encoding of vulnerabilities assessed through the registration interview.  All refugees will be issued documentation.  The registration exercise will also help UNHCR to assess what protection or assistance interventions may be required.  Such interventions could include conducting a best interests determination for children or a resettlement interview.  Iraqis who are not registered with UNHCR and who are in detention and/or at risk of being deported will be identified through regular monitoring of detention centers and given access to registration or individual refugee status determinations, where appropriate, in order to prevent deportation.

 

[4] In recognition of the fact that some individuals can neither remain safely in their host countries nor will be able to return safely to Iraq, resettlement can be used as a critical protection tool to respond to the immediate legal and physical protection needs of certain vulnerable individuals or groups.  It can also be leveraged strategically as part of a comprehensive approach to ensure greater protection in the region for those who are not resettled. Resettlement can serve as an element of burden-sharing by the international community and thus increase the tolerance of host countries in the region for the reception and humane treatment of refugees.  Such tolerance can be measured through continued access to the territory of the country in question, respect for the principle of non-refoulement, UNHCR access to refugees in detention, and access to basic rights and services such as education, health care, housing, and employment.

 

[5] This exceeded the target of 20,000 referrals. UNHCR’s referrals for 2008 are also on track to meet initial end April targets and we hope that departures from asylum states will be commensurate with referrals.

[6] This is being conducted in conjunction with the UN’s World Food Programme

[7] A significant element of this achievement was obtaining the agreement of the Jordanian authorities to allow Iraqi children to attend public schools.

[8] This includes a contribution of USD12.4 million from the US towards the health appeal which is integrated into the overall appeal of USD 261 million