NGO statement on practical aspects of physical and legal protection with regard to registration.

This statement is the NGO contribution to the debate on practical aspects of physical and legal protection with regard to registration. It does not pretend to represent the views of all, or even the majority of NGOs.

We welcome the background paper on the practical aspects of physical and legal protection with regard to registration prepared by UNHCR. The paper rightly points out that registration is an essential tool for the effective protection of refugees. However, we would like to stress that, while registration might be one prerequisite for effective protection it must be properly implemented. Especially in mass influx situations, we have seen that registration is not always carried out in an adequate and protective manner, (indeed, if it is carried out at all). Inadequate registration often hampers protection and the ability of refugees to assert their rights.

The task we have before us here today is to help strengthen the protection aspect of registration to ensure that the refugees’ interest is at the heart of registration. This requires an examination of how registration is implemented in practice. We need to examine carefully how best to develop a registration procedure, which is in respect of the human rights of refugees and offers them effective protection.

Key to the whole issue of ensuring that refugees’ interest is at the heart of registration are the following questions; who is the registration for? who is carrying out the registration? how is the registration carried out? and what rights derive from the registration?

In addressing these questions, we believe the following principles at a minimum are key:

· Registration should be carried out in order to ensure better protection of and assistance to displaced persons.

· The registration should lead to the granting of a legal status to the displaced and the fulfilment of their fundamental human rights, however the registration should not be made a precondition for enjoying those rights

· It is important to ensure the integrity of the personnel carrying out the registration.

· Women should participate on registration teams to better identify specific protection needs of women and girl children.

· The registration has to be carried out as quickly as possible in a non-intimidating, non-threatening, independent and impartial way with due respect to the safety and dignity of the person, and in accordance with data protection standards.

· Easy access to the registration teams is also of utmost importance.

· There should be robust guaranties of confidentiality of the information given during registration; the uses of which this information can be used must be made clear.

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In planning the actual registration system, consideration should be given to the full displacement cycle -- from initial displacement to durable solutions. Failure to look ahead can cause tremendous protection problems such as statelessness, particularly in those cases where countries of origin dispute the nationality and identity of the refugees, and try to block their return. Registration should happen as early as possible and should be as comprehensive as possible.

Registration and issuance of documentation is particularly important for refugee women. Efforts should be taken to ensure that in all refugee situations women are registered separately from their male partners or spouses, and that they receive separate identity documents. This is also essential for women in polygamous marriages – each wife must be registered separately. In paragraph 2 it is stated that registration ensures “that each family member is independently recognized”. If “recognition” is less than full and separate registration this could be insufficient for protection purposes.

The issuance of separate documents is an important protection strategy for women at risk of domestic violence. It might enable them to leave abusive partners without losing access to assistance. It also facilitates greater participation of women in refugee protection and assistance programmes. Separate registration also helps women to make independent and informed decisions regarding durable solutions, including voluntary repatriation, resettlement and local integration.

Registration is an important tool for identifying specific protection needs as mentioned in paragraph 7 of the document. The list of persons requiring special attention mentioned is not intended to be exclusive, but still we would like to note that survivors of torture and persons with mental health problems should be added. The special needs and protection related problems of these groups or individuals should form part of the training materials. It is also important to note that the identification of the special needs is not in itself enough. Follow up assistance and protection programmes have to be developed as quickly as possible.

Registration should indicate age, or as a minimum should contain a more detailed breakdown of age groups of children. The protection needs of under fives are very different from those of adolescents. Being able to identify adolescents in the registration process is especially important in order to design specific protection initiatives to prevent sexual exploitation and forced recruitment into armed forces. With regard to children another very important issue is the registration of newborn. Where state birth registration procedures are inadequate or inaccessible registration of newborn refugee children through procedures such as those that have been proposed can be critical protection against statelessness and loss of fundamental human rights such as education. Parents should be informed in an adequate manner about the importance of such registration.

Finally we would like to highlight the sensitivities surrounding registration. Displaced persons might have very good reasons for fearing registration, especially, if such registration is not carried out in a protective manner. Information about the purpose of registration, the rights and entitlements to which the registration give rise has to be given to the displaced as early as possible, and in a way that is understandable by the refugees. There is also the important issue of guaranties of confidentiality of the information. It is important to be clear on and then to explain clearly to the refugee the purposes for which the information may be used. In this context it is important to note that the trauma many refugees are suffering from often blocks their ability to absorb information. It is also important to note that the lack of adequate information may in itself lead to trauma on the part of the displaced.

In conclusion,

Mr. Chairperson,

The registration should have as its primary purpose the protection of refugees and the fulfilment of their fundamental human rights.

We welcome the call for the update and issuance of new guidelines on population data management, improved training in registration and population data management, and not least the call for a specific Executive Committee conclusion developing basic standards, for registration and population data management. However, we emphasise the need to draw on the expertise and resources of NGOs in developing such guidelines, training materials and basic standards.

Secondly, if registration is to be carried out in an effective way, resources have to be allocated to developing the proper tools for a protection and rights oriented registration system, including the development of guidelines, training materials and basic standards. Resources also have to be allocated to the capacity building for governments, who don’t have the capacity to carry out registration in a protection and rights oriented manner. Finally resources have to be allocated to the deployment of trained UNHCR staff to assist in registration, especially in mass influx situations.

Thank you,

Mr. Chairperson.