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Testimony of Judy Cheng-Hopkins
Assistant High Commissioner for Operations,
Office of the United Nations High Commissioner for Refugees
Hearing on World Refugee Day: Addressing the Needs of African Refugees
before the United States House of Representatives Committee on Foreign Affairs
2172 Rayburn House Office Building, June 20, 2007

I. Introduction

Mr. Chairman and members of the Subcommittee, 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 provide an overview of the situation of asylum seekers, refugees and internally displaced persons (IDPs) in Africa. I would also like to request that my full written statement be submitted to the record.

UNHCR is charged by the international community to ensure refugee protection and to identify 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, membership in a particular social group, or political opinion.

In sub-Saharan Africa, UNHCR is present in 32 countries, with offices established in 138 locations. Currently, UNHCR is assisting some 2.4 million refugees in Africa:

  • Central Africa and Great Lakes (918,000)
  • East and Horn of Africa (520,000)
  • Sudan and Chad (423,000)
  • Southern Africa (229,000)
  • West Africa (377,000)

As part of its mandate, UNHCR also works to prevent statelessness. This includes ensuring that Governments act appropriately to prevent or solve situations of statelessness in their territories.

Additionally, in 2006, as part of an inter-agency collaborative approach, UNHCR substantially increased its involvement in the protection and assistance to internally displaced persons (IDPs) in Central African Republic (CAR), Chad, Côte d'Ivoire, Democratic Republic of Congo (DRC), Liberia, Somalia, Sudan and Uganda. In 2006, UNHCR protected and assisted almost 5.4 million IDPs and helped 1.04 million IDPs to return home. This year UNHCR is projecting that it will contribute to the provision of protection and assistance to approximately 6.8 million IDPs.

We welcome the opportunity this hearing offers to highlight progress which is being made as well as the challenges we are facing in the region in our effort to provide protection and assistance as well as obtain durable solutions for persons of concern.

II. Pursuit of Durable Solutions

In the region, prevailing peace in several countries is permitting UNHCR to make significant advances in its search for durable solutions for some protracted situations of displacement, most notably those of refugees from Angola, Burundi, Liberia, Sierra Leone and Southern Sudan, and of IDPs in Uganda. Among the key political developments, it is worth mentioning the successful completion of the electoral process in the DRC and the continuation of peace talks between the Ugandan Government and the Lord's Resistance Army (LRA).

Voluntary Repatriation

UNHCR has begun to see the dividends of concerted efforts over the past years to address the situation of large-scale protracted refugee situations throughout the continent, with successful peace processes paving the way for major repatriation operations.

In West Africa repatriation prospects are high. At the end of June, UNHCR plans to complete the sub-region's last major repatriation operation - Liberian refugees. More than 400,000 Liberian refugees and IDPs have returned home with assistance from UNHCR. As reconciliation initiatives continue in their country, Togolese refugees have also begun to return spontaneously from Benin and Ghana. With the tripartite legal framework for repatriation now in place supported by information campaigns, UNHCR expects that substantial numbers of the 14,000 Togolese refugees will repatriate by the end of 2008. With the completed repatriation of more than 10,000 Nigerian refugees from Cameroon, UNHCR is assisting the government in implementing reintegration activities. Following overtures by the newly elected Mauritanian President, preparations are also being initiated for the voluntary repatriation of Mauritanian refugees from Senegal.

In the Great Lakes, two major repatriation operations pertaining to Burundi and Congolese refugees continue. Overall, some 341,000 Burundians have returned home since the beginning of repatriation operations in 2002, 45,000 of them during the past year. Yet, some 350,000 persons remain in asylum countries, mainly in Tanzania. Their reticence to return is attributed to political uncertainty, lack of access to land and basic services, food insecurity due to droughts and floods and lack of reintegration opportunities. In tandem with voluntary reparation the options of resettlement and local integration are being explored. Repatriation to DRC continues with some 109,600 persons having returned since 2005 primarily from Burundi, the Republic of Congo (ROC) and Tanzania, of whom some 41,000 returned spontaneously. The progressive stabilization following the completion of the electoral process in DRC nurtures hopes for an increase in repatriation movements, but this is tempered by the grave security situations in some regions and serious gaps in the reintegration support provided to returnees. .

Since the conclusion of the Comprehensive Peace Agreement in 2005, UNHCR facilitated repatriation movements to Southern Sudan from CAR, Kenya, Uganda, DRC, and Ethiopia. Close to 155,000 persons have return, including spontaneous returnees. UNHCR completed the repatriation from CAR and DRC which has allowed for the closure of field offices. Efforts are now focused on reaching the target figure of 102,000 returns in 2007; to date approximately 53,000 persons have returned since the beginning of the year.

After five years and the return of some 400,000 refugees, the repatriation of Angolan refugees was concluded officially in March 2007. UNHCR works now to enhance the sustainability of reintegration of returnees and secure durable solutions, such as resettlement and local integration for remaining Angolan refugees.

However, the absence of an effective transition from short to longer-term assistance and development threatens to reduce the life expectancy of such return efforts. Without adequate resources for development, institution-building and reconciliation, societies can unravel again, dormant conflicts can reignite, and civilians can be forcibly displaced once more.

UNHCR would therefore encourage the United States, which has supported peace processes and generously contributed to UNHCR repatriation operations, to remain engaged in these countries, ensuring not only a smooth transition to development but sufficient bilateral investment to enable them to continue to progress and achieve durable peace.

Local Integration

With some of the major repatriation operations coming to a close, and a new receptivity of some host countries to local integration, one of the main priorities of the organization in the region is to achieve local integration of remaining refugees in their host countries

Notably, significant progress has been achieved in promoting local integration as a solution for Liberian and Sierra Leonean refugees in West Africa. Initially an initiative of the Mano River Union countries (Guinea, Sierra Leone and Liberia) and Cote d'Ivoire, the ambit of the effort has been expanded to include other countries in the region, namely Gambia, Nigeria and Ghana, where residual populations of Liberian and Sierra Leonean refugees. The approach in West Africa is interagency in orientation and relies to a considerable degree on the regional Economic Community of West African States (ECOWAS) Protocol relating to the Free Movement of Persons.

In Angola, building on the apparent willingness of the government to integrate long-staying refugees from DRC, UNHCR is focusing on the legal aspect of local integration, given that the Congolese refugees concerned are relatively well integrated in socio-economic terms. A draft decree has been presented to the relevant ministerial departments and follow up discussions are foreseen.

The Governments of Botswana, Mozambique and Namibia indicate a strong willingness to consider local integration as a durable solution for at least a part of the remaining Angolan refugee population. In the latter two cases, UNHCR began working with the government on the development of a local integration strategy. In Mozambique and Namibia, UNHCR and the Governments are revising the programmes to strengthen self-reliance initiatives. In Mozambique for instance, the different activities include crop production, micro-credit for small business, vocational training and animal husbandry.

We would welcome the assistance of the US Government in encouraging and supporting Governments hosting remaining refugees to provide opportunities for these individuals to locally integrate.

Resettlement

In 2006, some 19,300 refugees of 28 different nationalities were referred from 37 countries of asylum in Africa to resettlement countries for consideration. This was an increase of 36% from 2005. It is important to highlight that in 2006 UNHCR operations in Africa benefited from additional funding from Australia, Norway, the United Kingdom and the United States. This assisted UNHCR in exceeding its initially estimated capacity of 15,900 submissions.

In addition to individual submissions, there were some notable successes in using the Group Methodology, through which three groups in 2006 were processed. These include the survivors of the August 2004 massacre at the Gatumba refugee camp in Burundi; the "1972 Burundians", persons who experienced multiple flight and are presently in refugee camps in Tanzania; and a group of Eritrean refugees of Kunama origin residing in Ethiopia.

For 2007, as of the end of May 2007, a total of 5,738 persons had been submitted to the US from countries in sub-Saharan Africa. This is out of a total of close to 10,000 submissions against more than 26,000 identified needs in the region. It is estimated that UNHCR has a capacity to process a little less than 18,000. The majority of these individuals have sought refuge in the Great Lakes and East and Horn sub-regions.

For 2008, UNHCR has identified nearly 28,000 refugees to be in need of resettlement in Africa. Most of these are expected to be located in the East and Horn of Africa, followed by the Great Lakes region.

III. Guaranteeing International Standards of Protection

While there are promising scenarios for realizing durable solutions for hundreds of thousands of refugees, such prospects are not yet available for millions of other refugees and asylum seekers in the region. For the latter group, UNHCR faces a continuous challenge in efforts to meet standards of protection and assistance, in particular the special needs of women and children.

Protection Tools

UNHCR has been implementing a variety of approaches and tools to improve the protection of persons of concern. These include participatory assessments, development of standard operating procedures on Sexual and Gender Based Violence (SGBV), and registration.

With regards to participatory assessments, UNHCR has rolled out the Age, Gender and Diversity Mainstreaming (AGDM) initiative in thirty-five (35) African countries. This methodology enhances understanding of the situation of refugees and in many cases contributes to strengthening the relationship between UNHCR and the refugees. The results underpin strategies addressing a wide range of protection issues including sexual exploitation of refugee girls, child labour and recruitment for military activities, discrimination against persons living with HIV/AIDS, and prostitution of adolescent girls. In Côte d'Ivoire, Guinea and Sierra Leone, a regional project was implemented for Liberian refugees to identify adolescents at risk and provide literacy and vocational training as well as HIV/AIDS awareness. In Ghana, UNHCR facilitated the creation of a Refugee Action Committee and the development of a Peer Counselor network specialized in psychosocial support and Sexual and Gender-Based Violence (SGBV) prevention. In Uganda and Zambia, female police officers were recruited to patrol refugee settlements and more refugee women groups were formed.

Almost ninety per cent of operations in Africa adopted Standard Operating Procedures (SOPs) to prevent and respond to SGBV. In Kenya, better policing and distribution of firewood in camps contributed to reducing the number of incidents; however it is important to note that a recent assessment mission found that coverage is only at 50%. In Southern Africa, a peer review mechanism was established to monitor implementation of SOPs in the sub-region. In Benin and Burkina Faso, three Community Centres were established under the Strengthening Protection Capacity Project (SPCP) to host the offices of several refugee organizations, which implement SGBV and HIV/AIDS training and awareness activities.

ProGres, a registration tool, complemented by new standards, is being employed in more than 80% of the operations in Africa to ensure effective individual registration and documentation of refugees and other persons of concern. In Djibouti, UNHCR assisted the Government in the long overdue registration and verification of camp-based refugees. In Gabon, with the assistance of UNHCR, the government has begun to issue identity cards to 15,500 refugees, a precondition for obtaining work permits and embarking on self-reliance activities. The data gathered equally facilitates planning particular for self-reliance activities and repatriation operations.

Promotion of Social and Economic Rights for Refugees

UNHCR continues to strive to improve the quality of life in asylum and build the productive capacities of refugees. However, overwhelming basic needs of refugees, dire poverty in hosting areas and Governments' overriding responsibilities towards their citizens hinder the full realization of refugees' social and economic rights.

Starting in 2006, during which austerity measures were adopted, resources were prioritized to address severe malnutrition problems. During that year, the highest rates of malnutrition had been registered in Kenya (up to 22%), Ethiopia (up to 14%), Chad (up to 12%) and Sudan (up to 16%). UNHCR carried out assessments, nutritional reviews and surveys in partnership with the World Food Programme in those countries. Consequently, supplementary feeding programmes were implemented in Ethiopia, eastern Sudan and Chad; micronutrients as well as fortified blended food were provided to refugees in Kenya and Chad.

Building upon efforts in 2006, the High Commissioner, in 2007, allocated 9.2 US Million in an effort to further reduce high prevalence of malnutrition and SGBV as well as improve maternal and child health, amongst refugee populations in Djibouti, Ethiopia, Kenya, Sudan and Tanzania. These funds have been invested in deploying a Public Health Officer, Nutritionists and SGBV monitors in the field. Additionally, complementary food items, ambulances, essential drugs and medical supplies have been procured. Further community health workers are being trained.

Enrolment in primary school of both refugee boys and girls in Africa reached an average of 75%, the lowest rate being in Central Africa and the Great Lakes (72%) and the highest in Southern Africa (80%). Gender parity at the primary school level was achieved in most of sub-Saharan Africa. However these achievements cannot overshadow persistent high drop-out trends among refugee children. Two key factors leading to drop-outs are the impoverished living conditions, and low quality of education (lack of qualified teachers, lack of education material, etc).

In Southern Africa, continued advocacy efforts and partnership with UNAIDS enabled UNHCR to assist partners to deliver HIV/AIDS services and resulted in host Governments integrating refugees in their national HIV/AIDS plan. There were seven countries in Southern Africa by the end of 2006 had integrated refugees in national anti-retroviral therapy (ART) programmes.

Self-reliance programmes are carried out in many countries in partnership with non-governmental organizations (NGOs), UN Agencies and development actors. Remarkable progress was made in Benin, where local authorities provided access to land and refugees succeeded in creating a livelihood through small scale agriculture. In Chad, refugees are progressively integrated into local services (health and education) with the support of the Government, UNICEF, UNFPA and FAO. In the Republic of Congo, following the establishment and training of fisherman and farmers groups, 80% of refugee families are living from fishery and agriculture activities. In Mozambique, UNHCR and the respective governments are working together to strengthen self-reliance initiatives; this includes crop production, micro-credit for small businesses, vocational training, and animal husbandry (in cooperation with the International Labour Organization). Notably the Government of Mozambique has used development related resources for the benefit of refugees and surrounding local populations in the health sector and to some extent in education. Such government receptiveness to use development resources for refugees is exceptional. Despite the promotion of the concept Development Assistance for Refugees, which advocates for combining the capacities of refugees, hosts, government, development and humanitarian partners, civil society and others, many host governments remain unconvinced. In many situations refugees are viewed as liabilities rather than as assets, who could spur local economies through the upstart of small enterprises or as skilled labour in the market. Refugees are also often settled in remote and poor areas which do not always fall under governments, other UN Agencies and development priorities. This poses an additional challenge to UNHCR in mobilizing partnership for sustainable promotion of area development and of livelihood of populations of concern.

UNHCR would appreciate all advocacy efforts with host governments to incorporate refugee concerns and those of their hosting areas in development agendas.

Creation and Maintenance of an International Protection Regime

A key component of refugee protection of persons of concern is the promotion of national legislation. In the region significant efforts are made to support governments to improve national asylum systems. In the last year and a half, Kenya, Sierra Leone and Uganda passed new refugee laws. In Malawi, with the support of UNHCR, the Refugee Status Determination (RSD) Unit completed the assessment and submitted recommendations to the National Refugee Committee for 50% of the 1618 pending asylum claims. A similar initiative was launched in Mozambique in October 2006 for more than 4,000 pending asylum claims with completion anticipated by mid-2007. In Burundi, UNHCR supported the government in carrying out RSD for some 20,000 Rwandan asylum seekers. In Tanzania, UNHCR contributed to the revision of the draft refugee legislation.

In 2006, Rwanda acceded to the two conventions on the status of stateless persons and on the reduction of statelessness. In Côte d'Ivoire, UNHCR is closely monitoring developments linked to nationality and identification processes. UNHCR is also closely monitoring the situation of undocumented Mauritanians in Senegal as well as of Arabs (Mahamids) in Niger who might be at risk of statelessness.

IV. Expanding Role with Internally Displaced Persons

Cluster Approach

In 2005, the United Nations initiated a programme of humanitarian reform, based on recognition that there were gaps in humanitarian responses to complex emergencies and disasters, particular in failing to meet the needs of IDPs and other affected populations in a timely and consistent manner. A number of measures have been introduced to address this situation, including the establishment of an agreed division of labour amongst United Nations and other humanitarian agencies known as the 'Cluster Approach' which aims at ensuring predictable and efficient humanitarian response in emergency situations. UNHCR, at the global level, accepted a lead (or co-lead) role for the Protection, Emergency Shelter and Camp Coordination/Camp Management clusters.

That States carry the primary responsibility for the protection of rights and welfare of their citizens, including those who are internally displaced is indisputable. On the other hand it is also acknowledged that humanitarian actors can play an important supportive role in addressing many facets of the phenomenon of internal displacement. UNHCR and other agencies of the humanitarian community supporting States' efforts so that they can exercise this responsibility in an effective and equitable manner. In Clusters under its leadership, UNHCR is building upon its longstanding relationships with UN agencies and the non-governmental organizations (NGOs) in carrying out joint needs assessments, development of strategies and policies and programme interventions.

Key Activities at Field Level

In CAR, UNHCR, as protection cluster lead, began to implement in June 2006 a three-pronged integrated protection strategy, based on sensitization on IDPs rights, protection monitoring network in the Northern part of the country and follow-up at the community/village and household/family levels and assistance to IDPs. In 2007, UNHCR plans to expand IDP protection activities, and strengthen UNHCR's presence in northern CAR through the opening of offices in Paoua and Kaga Bandoro.

UNHCR is leading the Protection cluster in Côte d'Ivoire, the only cluster activated in the country. The cluster carries out awareness/training activities on The Guiding Principles on Internal Displacement[1], human rights and provides advice and support to the Government on establishing national legal frameworks for IDP protection and assistance. A profiling exercise of IDPs in Abidjan was recently completed. Ouagadougou Peace Accord of March 2007 provides a new opportunity for the establishment of a sustainable peace, also paving the way for achieving durable solutions for the IDPs. We would like to point out that unless urgent funding is received, UNHCR might be obliged to withdraw from the cluster lead role

In Chad, as agreed in the UN Country team, UNHCR assumes a lead role for IDPs in the areas of protection, camp/settlement management and shelter, under the overall leadership of the Humanitarian Coordinator. While the Cluster Approach is expected to be formally adopted in Chad in the immediate future, the UN Country Team put in place a cluster-like structure more than a year ago. Monitoring missions are conducted to IDP sites to identify protection problems. Human rights violations are brought to the attention of Chadian authorities and partners in the Protection Cluster.

As protection cluster lead (with MONUC) in DRC, UNHCR established protection working groups in seven provinces containing major areas of displacement and a national protection working group, which quickly became key fora for discussion and advocacy for all civilian protection issues. Protection monitoring activities carried out in main IDP and returnee (refugees +IDP) areas help identify problems and gaps and are used for advocacy and interventions with authorities and MONUC to improve response. The protection cluster also established a system of legal advice and referral services for returnees and IDP populations to settle land disputes in Ituri.

In Somalia, given the constraints of limited humanitarian access and security, the Protection Cluster, co-led by UNHCR and OCHA, works with local protection cluster partners to establish protection monitoring and population movement tracking systems to assist with the UN Country Team's early warning and strategic planning exercises. Also, UNHCR and UN Habitat jointly lead the Shelter Cluster, with UNHCR being the lead for emergency / temporary shelter and Habitat assuming responsibility for permanent shelter solutions. In Bossasso, UNHCR together with other agencies contributed to the "Bossasso Pilot", a project to provide a permanent solution to IDP shelter problems.

UNHCR considers that the Cluster Approach provides a valuable basis for the development of an enhanced inter-agency response to the protection of IDPs, while recognizing that this approach is still a 'work in progress' that will need to be reviewed and revised in the light of experience. Internal and inter-agency evaluations of the field impact of the Cluster Approach are being planned and carried out.

V. Security Challenges

Despite the above outlined progress, there are some areas where, due to instability, UNHCR is severely limited in protecting and pursuing durable solutions for persons of concern. This is especially true in the Chad, Sudan (Darfur) and Somalia. The volatile security situations in these countries are also leading to increasing displacement internally and externally. It is also important to highlight that while there are internal conflicts within Chad and Darfur, there are also linkages between these conflicts and instability in CAR and thus it is necessary to view these conflicts in a regional context.

Darfur

UNHCR is concerned about the humanitarian situation and the continued insecurity in Darfur. The progressive deterioration of security conditions seriously hampers efforts to protect civilians and causes further displacement, with repercussions in neighboring Chad and CAR.

The UN mission in Sudan (UNMIS) estimates that insecurity, tension and attacks on aid convoys have this year added another 140,000 people to the two million people displaced by civil war in Darfur. Many of the camps are full, and more than half a million people are completely out of reach of aid agencies. During May, at least 10,000 people were newly displaced.

Violent incidents and tribal clashes are almost daily occurrences, and attacks on villages and IDP camps by various militias continue. OCHA reports that the assaults on displaced people rose to 414 in 2006 from 105 in 2005. Militarization of IDP camps is becoming increasingly worrying feature in IDP camps. Domestic violence and sexual assaults on women are on the rise, especially those who venture to collect firewood out of the camps.

Increasingly, access to needy populations is limited, owing to security considerations. In 2006, security incidents affecting humanitarian personnel rose by 70% from the previous year to 1,800, according to OCHA. UNMIS reported that 12 relief workers were killed in the second half of 2006 and beginning of 2007 -more than the last two years combined with 30 aid agencies compounds attacked. Consequently, mobility is seriously circumscribed and UNHCR and its partners have to rely on transport by air. Presently UNHCR has access - and this not all the time - to slightly over half of the IDPs in West Darfur. While UNHCR continues to reach out to as many IDPs and returnees as possible, we are becoming overly reliant on air assets, security escorts and an effective international military presence. Due to these constraints, we are struggling to fulfill our protection responsibilities to the affected people.

Movements do not remain within Darfur. The insecurity in Darfur triggered movements toward the CAR. Approximately 2,600 Sudanese refugees sought refuge in northeastern CAR due to clashes in South Darfur in May. In view of their conditions, the UN in CAR - including UNHCR - started an aid operation last week. Plastic sheeting, food, water and sanitation supplies are being provided. More people are expected to arrive.

The fighting between Sudanese armed forces and Sudanese rebels in Darfur has also had tangible repercussions into Chad. This fighting is occurring intermittently along the Chadian-Sudanese border in Cariari, in the north-east of Chad, only a few kilometers away from the refugee camp of Oure Cassoni.

It was also recently reported that a group of 45,000 Chadians arrived in Foro Baranga in West Darfur, occupying abandoned villages. Movements are reportedly continuing. The majority of the group is Chadian Arab nomads. Many of them seem to have been involved in the fighting in the region. UNHCR, together with other agencies, is assessing the situation to see whether they can be considered as asylum seekers/refugees and if assistance is needed and to what extent UNHCR should provide assistance. UNHCR has formed a Task Force to determine the appropriate strategy for assisting and caring for them. UNHCR works with the Commissioner for Refugees (COR) to establish a timetable and a plan of action for tracking and monitoring new arrivals, as well as to establish standard operating procedures for investigations. An in-depth analysis of their profile and situation is being conducted on the ground.

Apart from the above group, some 15,000 Chadian asylum seekers are gathered in Galu, Azaza and Arara. They started arriving in West Darfur last year, following insecurity in Chad. Movements slowly continue this year as well. In order to assist them, UNHCR opened two new refugee camps last year in Um Shalaya and Mukjar, where those willing to move have been transferred. There are currently 5,000 refugees in both camps. UNHCR register them with COR, and provide them with basic assistance such as shelter and Non-Food Items. While UNHCR was visiting the camp on a daily basis, movements to the camp have been recently suspended following a security incident in which six of UNHCR staff were temporarily abducted.

UNHCR fears that the international community could face a catastrophe in Darfur if bold measures are not taken. While discussions on the deployment of a more robust security force within the framework of the AU/UN Hybrid Mission continue, it is also necessary to complement these activities with peace negotiations. It is assessed that a peace agreement could start the complex process of reconciliation between not only the parties engaged but also members of civil society, including the displaced. To reach that peace agreement requires advocacy with all the parties involved and the full commitment of the international community, in particular the UN Security Council.

Chad

In Chad, insecurity hinders access to refugees and IDPs. The fragile security conditions represent a constant risk for the humanitarian staff and have caused various humanitarian agencies to evacuate staff on several occasions. Adoption of UN security measures in the whole of eastern Chad resulted in the cessation of all development activities and severe constraints in the delivery of humanitarian activities. Efforts by the Government to restore some law and order in eastern Chad have been noticeable, but harassment and violence against humanitarian staff, IDPs and refugees unfortunately continues.

An overriding preoccupation for UNHCR is how to maintain the humanitarian and civilian character of the camps. UNHCR has been working with the government for some time to relocate refugee camps farther from the border. Presently, most refugee camps are between 60 to 80 kilometers away from the border and could therefore be easily targeted from Sudan. Two camps -Oure Cassoni and Am Nabak -are almost on the border. Although new potential sites are being suggested by the Government of Chad for such relocation, it is proving difficult to identify a suitable site which could adequately meet the basic needs, in particular water, of the refugees.

UNHCR is equally focusing on countering recruitment of refugees from refugee camps in the East. Of the refugee camps in Eastern Chad, probably most, if not all, have experienced activities related to recruitment. Information has been received, collected and cross-checked from a variety of sources. Recruitment has been carried out forcefully, with reports of ill-treatment and even torture, but also voluntarily, perhaps drawing on refugees' sense of duty toward their homeland. Recruitment of IDPs and local populations is also occurring with the increased militarization of Eastern Chad, accompanied by higher numbers of IDPs.

One of the key actions that UNHCR has been pursuing to address these security risks, has been advocacy on the establishment of an international presence to ensure security in and around refugee camps as well as for IDPs and humanitarian workers. Initiatives by the UN Secretary-General and more recently, the French Government to address this longstanding need are encouraging.

UNHCR has also been working with the Chadian Government to strengthen its capacity to improve security conditions. More specifically, UNHCR secured additional funding to reinforce its current Memorandum of Understanding with the authorities on the maintenance of security in and around the refugee camps, and to increase security measures for humanitarian workers and their assets.

Partnerships with NGOs have been indispensable in Chad. In particular UNHCR would like to highlight that the technical and financial contributions of NGOs partners have been critical to ensuring that the main needs of persons of concern are being met. We would urge continued funding of NGOs in Chad.

We would further encourage the United States Government to continue to lend its support to initiatives of the UN and other Governments aimed at setting up an international presence in eastern Chad to provide protection to Sudanese refugees and Chadian IDPs.

Somalia

Elusive peace and the volatile situation in Somalia are also of great concern to UNHCR. The security situation is severely limiting UNHCR and its partners' ability to address consistently the urgent needs of IDPs. It is equally of concern that the Kenyan border remains closed preventing new Somalis asylum seekers from entering the country. The situation is further not conducive for voluntary repatriation prospects to South and Central Somalia leaving most Somali refugees, the majority of which are in Ethiopia and Kenya, where the Governments maintain an encampment policy and refuse to consider local integration, as a clear cut protracted refugee population. Notably resettlement has and continues to be robustly pursued for Somali refugees. Nonetheless, for the vast majority voluntary repatriation is the most appropriate solution and many have been waiting for more than a decade to return home.

In order to support the TFG's efforts to stabilize the country and ensure law and order, the African Union decided to deploy a force of some 8,000 peacekeepers, AMISOM. UNHCR is hopeful that the deployment of a larger AU Stabilization Force could be critical in stabilizing South and Central Somalia. So far, only 1,700 Ugandan troops are deployed in Somalia.

TFG is also pursuing political dialogue with an array of concerned actors such as clan elders, religious leaders, and civil society. UNHCR views this as a positive step and would like to ensure that the views of the displaced are properly represented within any reconciliation process.

With a view toward advancing peace in the country, UNHCR views positively by the recent appointment of Mr. Yates as a US special envoy for Somalia and would welcome opportunities to share information on the situation of displaced persons as it pertains to the peace process.

VI Partnerships

We would like to highlight, further to previous indications in our presentation, that partnerships are indispensable for UNHCR to fulfill our mandate. We work hand in hand with governments and other humanitarian and developmental actors, in particular with NGOs. Additionally they join us in advocacy efforts and regularly participate in our Executive Committee. As is evident in the country briefings, UNHCR is increasingly collaborating with military actors. As this can have negative repercussions on humanitarian space we are closely monitoring and continuously assessing our association with military actors. Political actors are equally important partners, who can use their leverage in enhancing protection and in pursuit of durable solutions. We are trying to ensure that key political actors, such as the United States Government, other influential States and regional and sub-regional organizations such as the African Union and ECOWAS are kept abreast of the situations and concerns of displaced persons.

VII. 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 refugees, asylum seekers and IDPs and others of concern in the African region. We look forward to working with you 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.

Thank you and I would be happy to address any questions or concerns you might have.

[1] There is no single international legal instrument that sets out the rights of the IDPs and the obligations of governments and other actors towards them. However, international human rights law and international humanitarian law do provide protection for the displaced and were used as the basis for the Guiding Principles on Internal Displacement, presented to the UN Commission on Human Rights by the Representative of the Secretary General on IDPs in 1998. The Guiding Principles describe the rights of the internally displaced at all stages of their displacement, right up to their safe return or resettlement, and also cover the prevention of displacement. Although not legally binding, the UN General Assembly in unanimously adopted resolutions have taken note of the Principles, welcomed their use, and encouraged UN agencies, regional organizations, and NGOs to disseminate and apply them. Individual governments have begun to incorporate them in national policies and laws, international organizations and regional bodies have welcomed and endorsed them, and some national courts have begun to refer to them as relevant restatements of existing international law.



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