International Standards of Registration of Refugees Isabelle Mihoubi

International Standards of Registration of Refugees Isabelle Mihoubi Deputy Representative UNHCR RR Kyiv

International Standards of Registration of Refugees Outline of Presentation The Sources ¢ The Actors of Registration ¢ Importance of Registration is a Tool for Protection ¢ Main Principles and Standards Governing Registration ¢ Cooperation with UNHCR and Existing Registration Systems ¢

International Standards of Registration … The Sources 1951 Convention Relating to the Status of Refugees • Article 27 “Identity papers” “The Contracting States shall issue identity papers to any refugee in their territory who does not possess a valid travel document” • Art 28 “Travel documents” • Art. 25 “Administrative Assistance” para. 1 and 2 “The authority (…) shall deliver (…) to refugees such documents or certifications as would normally be delivered to aliens by or through their national authorities. ”

International Standards of Registration (continued) Standards further developed in: ØEXCOM conclusions • No. 8, 1977 • no. 22, 1981 – Protection of a/s in situations of largescale influx • no. 35, 1984 – Identity Document for Refugees • no. 64, 1991 – Refugee Women and International Protection • no. 65, 1991 • no. 72, 1993 • no. 73, 1993 – Refugee Protection and Sexual Violence • no. 91, 2001 – Registration of Refugees and Asylum Seekers

International Standards of Registration (continued) Standards further developed in (continued): ØAgenda for Protection Goal 1 “Strengthening Implementation of the 1951 Convention and 1967 Protocol” in Objective 11 “Better registration and documentation of refugees” ØHuman Rights Instruments (Convention on the Rights of the Child, CEDAW. . . )

The Actors of Registration ØState Party are primary actors. Registration is a State responsibility ØSubsidiary role of UNHCR, in particular üin countries where there is no provision formal recognition of refugee status, üwith the consent of the authorities of the asylum countries üit may be necessary for UNHCR to certify that a person is a refugee within the UNHCR Mandate

The Beneficiaries of Registration ØRecognized refugees ØAsylum seekers (provisional documentation) ØAsylum seekers and refugees – members of vulnerable groups üWomen üChildren ØIndividual a/s and refugees placed in specific situations üMass-influx üSecurity risk

Role of the Registration of Refugees and Asylum Seeker: An Important Tool for Protection ¢ ¢ ¢ Establish identity Certify refugee status Protection against refoulement/expulsion until a final decision on refugee status is adopted by the competent authority Issuance of all forms of documentation (a/s certificate, registration of children at birth, refugee document etc. ) Protection of access to basic rights Family reunification

Role of the Registration of Refugees and Asylum Seeker (cont-d): An Important Tool for Protection ¢ ¢ ¢ ¢ Identification of those in need of special assistance (elderly, children, handicapped etc. ) Tool to quantify and assess the needs Tool to identify and implement the appropriate durable solution Protection against forcible recruitment Protection against personal security in border areas and elsewhere Gender-equality and empowerment of women Child protection (EXCOM Concl. no. 47 and 74 urges States to register refugee children at birth in a prompt manner)

Principles and Standards Governing Registration ¢ ¢ ¢ Registration should be a continuing process (time of arrival, births, deaths, new arrivals, departures, cessation, naturalization etc. ) Registration should be a neutral process Registration should take place as quickly as possible upon arrival of the a/s Provisional documentation sufficient to ensure that they are protected against refoulement or expulsion until a final decision has been taken shall be issued without delay to asylum seekers If an applicant is registered as a refugee, he/she should be issued with documentation certifying his/her refugee status Fundamental principle of confidentiality shall be respected

Principles and Standards Governing Registration (cont-d): ¢ ¢ Appropriate sharing of some personal data in line with data protection principles can however assist States to combat fraud, to address irregular migration and to identify those in need of international protection. The registration process shall be easily accessible and take place in a safe and secure location Registration should be conducted in a non-intimidating, nothreatening and impartial manner, with due respect for the safety and dignity of the a/s and refugees Personnel conducting registration should be adequately trained, with sufficient number of female staff and should have clear instructions on the procedures (confidentiality etc. )

Principles and Standards Governing Registration (cont-d): ¢ Registration should in be conducted on an individual basis ¢ Individual identification and/or registration documents should be issued to all refugee women ¢ Men and women should have equal access to all forms of personal documentation ¢ Refugee children and a/s children shall be registered at birth ¢ In case of mass influx, individual registration should be conducted without delay/as soon as possible

Principles and Standards Governing Registration (cont-d): Registration should record the following basic information: ü ü ü ü ID and number üLevel of Photograph education Name üOccupation/ skills Sex üHousehold/family size Date of birth and composition Marital status Special protection and üDate of arrival üCurrent location assistance needs üPlace of origin

Cooperation with UNHCR - EXCOM Conclusion no. 91, 2002 o Encourages States and UNHCR to develop further and implement registration guidelines to ensure the quality and comparability of registered data. o Encourages UNHCR to introduce new techniques and tools to enhance the identification and documentation of refugees and asylum seekers, with a view towards developing a more standardised worldwide registration system o Reiterates the importance of the principle of confidentiality o Emphasizes the critical role of material, financial, technical and human resources in assisting host countries in registering and documenting refugees and asylum seekers.

Cooperation with UNHCR (cont-d) - Agenda for Protection, Goal 1, Objective 11 ¢ ¢ ¢ UNHCR to work with States towards ensuring the provision of financial and technical support to enable registration and issuance of documents to refugees. Stresses that registration is primarily a State responsibility States and UNHCR should ensure that Personnel in charge of registration is adequately trained UNHCR to issue operational standards and guidelines with regard to registration and population management and develop registration and data management training modules. UNHCR to strengthen field registration support

Cooperation with UNHCR (cont-d) - UNHCR issued a document in 2003 “Procedures and Standards for Registration, Population Data Management and Documentation” - In Central and Eastern Europe since 1994: o CEERICS (Central and Eastern Europe Registration of Individual Cases System) o RICS (Registration of Individual Cases System) -In other countries since 2004: Pro. Gres - part of PROFILE project

Thank you!