Isabelle MihoubiDeputy Representative

UNHCR RR Kyiv

International Standards of Registration of Refugees

International Standards of Registration of Refugees

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

Outline of PresentationOutline of Presentation

International Standards of Registration …

The Sources

•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.”

1951 Convention Relating to the Status of Refugees

Standards further developed in:

•No. 8, 1977•no.22, 1981 – Protection of a/s in situations of large-

scale 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

EXCOM conclusions

International Standards of Registration (continued)

Standards further developed in (continued):

International Standards of Registration (continued)

Human Rights Instruments (Convention on the Rights of the Child, CEDAW...)

Agenda for Protection Goal 1 “Strengthening Implementation of the 1951

Convention and 1967 Protocol”

in Objective 11 “Better registration and documentation of refugees”

The Actors of Registration

State Party are primary actors.Registration is a State responsibility

Subsidiary role of UNHCR, in particularin countries where there is no provision for formal recognition of refugee status,

with the consent of the authorities of the asylum countries

it may be necessary for UNHCR to certify that a person is a refugee within the UNHCR Mandate

The Beneficiaries of Registration

Recognized refugees

Asylum seekers (provisional documentation)

Asylum seekers and refugees – members of vulnerable groups

WomenChildren

Individual a/s and refugees placed in specific situations

Mass-influxSecurity risk

Role of the Registration of Refugees and Asylum Seeker:

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

An Important Tool for Protection

Role of the Registration of Refugees and Asylum Seeker (cont-d):

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)

An Important Tool for Protection

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, no-threatening 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:

ID and number Photograph Name Sex Date of birth Marital status Special protection and

assistance needs

Level of educationOccupation/skills

Household/family size and composition Date of arrivalCurrent location Place of origin

Cooperation with UNHCR

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 confidentialityo Emphasizes the critical role of material, financial, technical and

human resources in assisting host countries in registering and documenting refugees and asylum seekers.

- EXCOM Conclusion no.91, 2002

Cooperation with UNHCR (cont-d)

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

- Agenda for Protection, Goal 1, Objective 11

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:

ProGres - part of PROFILE project

Thank you!