Presentation by: Best Practices for Refugee Determination Prato, Italy – 29-30 May 2008 Jean...

Presentation by:

Best Practices for Refugee DeterminationBest Practices for Refugee Determination

Prato, Italy – 29-30 May 2008Prato, Italy – 29-30 May 2008

Jean Lanoue

The Concept of Categorised The Concept of Categorised ProtectionProtection

2Prato Best Refugee Practices 29-30 May

International Centre for Migration International Centre for Migration Policy DevelopmentPolicy Development

It is ICMPD’s aim to promote comprehensive and sustainable

migration policies and function as an information exchange

mechanism for governments and organisations primarily on European migration issues

IntegrationVisa

Asylum & Protection

Return & Readmission

THB & People Smuggling

Labour Migration

Border Management


International Centre for Migration International Centre for Migration Policy DevelopmentPolicy Development

Policy Development

Intergovernmental DialogueResearch

Source Country Information Systems(SCIS)

Field-based and case-specific country of origin information

Consultancy Services

Capacity BuildingTechnical AssistanceBenchmarkingAssessment


The StudyThe Study

With the support and guidance of the Dutch ACVZ (Advisory Committee on Aliens Affairs/Adviescommissie voor Vreemdelingenzaken);

Targeted Austria, Denmark, Finland, France, Switzerland, the United Kingdom (4 countries did not provide answers);

Questionnaire sent (English and French); Conducted with 4 countries in mind:

Afghanistan; Democratic Republic of Congo, Iraq and Somalia.


Categorised Protection – Elements Categorised Protection – Elements of definitionof definition

- Aimed at individuals from a particular country of origin (or part of that country) or at a specifically designated group of persons ;

- Not deemed Convention Refugees;- Not covered by the EC Directive on

Subsidiary Protection (2004/83/EC);

- Still in need of protection because of general insecurity and lack of human rights standard in country/region of origin.


Categorised Protection – IndicatorsCategorised Protection – Indicators

Extent to which the violence does occur and how widespread (in geographical terms) it is;

Nature of the violence in the country of origin, in particular the gravity of the violations of human rights and humanitarian law, the extent of arbitrariness;

Activities of international organisations in the country of origin, if and inasmuch these are an indicator of the position of the international community regarding the situation in the country of origin;

The actual policies of other EU member states in regard to this particular group.


ResultsResults

No “categorised protection” scheme in surveyed countries;

Countries had sufficient integrated safeguards;

Certain countries were precluded from applying a group protection programme;

In general, the need for categorised protection not needed.


Internal Protection AlternativeInternal Protection Alternative

Dutch approach foresees individual assessment of IPA, basically the same as IFA;

When applicable, most countries take several elements into consideration;

Seems contradictory to the collective protection approach.


Categorised Protection StudyCategorised Protection Study

Available from: ICMPD website:

http://www.icmpd.org/asylum00.html ACVZ website:

http://www.acvz.com


Categorised Protection StudyCategorised Protection Study

Questions and comments

Presentation by: Best Practices for Refugee Determination Prato, Italy – 29-30 May 2008 Jean...

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