UNHCR United Nations High Commissioner for Refugees

1. UNHCRUnited Nations High Commissioner for Refugees Toward a Regional Mechanism for Humanitarian Protection in Situations of Disaster

2. UNHCRUnited Nations High Commissioner for Refugees • The importance of mechanisms for humanitarian protection in situations of disaster; • General recommendations; • Dynamics between mechanisms for humanitarian protection in disaster situations and refugee protection.

3. UNHCRUnited Nations High Commissioner for Refugees • The importance of regional and/or national mechanisms for humanitarian protection in disaster situations: • Provide an effective solution to the situation of victims of humanitarian crisis caused by situations of disaster with a cross-border impact; • Ensure a positive transition from ad hoc and unilateral responses to multilateral responses; • Ensure regional predictability and harmonization within flexible mechanisms that can be adjusted to each specific situation; • Enable identifying other existing protection needs.

4. UNHCRUnited Nations High Commissioner for Refugees • ii. General recommendations: • To seek mechanisms that enable a rapid response (immediate action); • Oriented toward an “effective solution”; • To encourage joint efforts and shared responsibility in identifying “effective solutions”; • To establish minimum contents – predictable and harmonized – for the protection and treatment of beneficiaries.

5. UNHCRUnited Nations High Commissioner for Refugees • Minimum contents – predictable, clear and harmonized • What is the nature of the protection mechanisms? • In what circumstances are they activated? • Whom do they benefit? • What is the content of the protection provided? • What is the procedure and the competent body? • How are these mechanisms related to refugee protection?

6. UNHCRUnited Nations High Commissioner for Refugees • What is the nature of the mechanisms? • International protection • Complementary protection • Advisory Opinion No. 21, Inter-American Court of Human Rights (Rights and Guarantees of Children in the Context of Migration and/or in Need of International Protection).

7. UNHCRUnited Nations High Commissioner for Refugees • International Protection: • Protection provided by a State to a foreign national when his or her human rights are threatened or violated in the country of nationality or habitual residence, where the foreign national was unable to receive the required protection due to lack of access, availability and/or effectiveness. • Includes, but is not limited to, refugee statusand also includes other forms of humanitarian protection (i.e. statelessnessor complementary protection). • This protection entails respect for international human rights obligations, and particularly the principle of non-refoulement.

8. UNHCRUnited Nations High Commissioner for Refugees • Complementary Protection: • (a type of international protection) • The protection granted by a receiving country to a foreign national who has no other specific migration status and who is not eligible for refugee status. Includes the following: • Recognizing the situation of the person and identifying risks; • Not returning the person to the territory where his or her life, freedom, safety or integrity would be at risk; • Identifying the particular needs of this person; • Ensuring respect for the person’s fundamental rights, including the principle of non-refoulement.

9. UNHCRUnited Nations High Commissioner for Refugees • The protection status may take on different names: • Complementary protection • Humanitarian visa • Special migration category • According to UNHCR, the privileges and rights derived from the type of protection granted should be based on the needs of the applicantand not on the type of international protection that is granted.

10. UNHCRUnited Nations High Commissioner for Refugees • Beneficiaries of the protection mechanisms? • Definition of objective and subjective elements that should be complied with in order to benefit from protection; • Article 22.8, Pact of San José: Non-refoulement • Non-expulsion of foreign nationals to a country where their rights are at risk due to a specific social condition (victims of disasters).

11. What is the protection content? • UNHCR: GUIDELINES ON TEMPORARY PROTECTION OR STAY ARRANGEMENTS February 2014

12. What is the protection content? • Entry and reception; • Standards of treatment; • Transition to other categories; • Termination; • International cooperation, consultation and coordination; • Competent body and procedure.

13. UNHCRUnited Nations High Commissioner for Refugees • What is the protection content? • 1. Entry and Reception • Access to the territory and non-refoulement; • Immediate needs; • Identification, registration, document issuance; • Referral to relevant institutions in charge of providing protection; • Assistance and information. • To anticipate the possibility of beneficiaries sur place.

14. UNHCRUnited Nations High Commissioner for Refugees • What is the protection content? • 2. Minimum Standards of Treatment • Recognizing and documenting the permission for stay for a determined period; • Protection against arbitrary and prolonged detention; • Non-discriminatory, humane and dignified treatment (no discrimination in granting access to accommodation, health, education, essential services); • Freedom of movement; • Registration of births, deaths and marriages.

15. UNHCRUnited Nations High Commissioner for Refugees • What is the protection content? • Minimum Standards of Treatment • Safety to ensure physical integrity, protection against sexual violence and all forms of exploitation; • Special protection for unaccompanied or separated boys, girls and adolescents, considering the best interest of the child; • Respect for family unity and seeking family members (opportunities for family reunification); • Particular assistance for disabled persons; • Opportunities for employment and self-sufficiency.

16. UNHCRUnited Nations High Commissioner for Refugees • What is the protection content? • 3. Transition to Other Categories and Termination • The exact duration of the protection shall depend upon the circumstances of each case. • States may agree on specific periods of time, to be extended as required according to the circumstances of each case. • The specific protection status may be terminated through a transition to another status, such as a residence permit, work permit or others. • The migration status should be further consolidated over time.

17. UNHCRUnited Nations High Commissioner for Refugees • What is the protection content? • Termination • It has been established, based on an objective assessment, that the situation that led to the exit has finished and that voluntary return is reasonable (can be carried out in safety and with dignity); • The protection status has been substituted for refugee status due to circumstances in the country of origin; • The person has been admitted to a third State and formal resettlement has taken place.

18. UNHCRUnited Nations High Commissioner for Refugees • What is the protection content? • International Cooperation and Coordination • Financial and logistical support; • Provision of experts; • Planning for the possibility of safe and solidary resettlement; • Access to existing labour migration schemes.

19. UNHCRUnited Nations High Commissioner for Refugees • What is the protection content? • Consultation and Coordination • Establishing a specific regional consultation mechanism (agreements and permanent dialogue); • UNHCR is willing to act as an advisory body; • The topic could be potentiated in existing regional mechanisms; • Collecting data and conducting assessments.

20. UNHCRUnited Nations High Commissioner for Refugees • Procedure and competent body? • An established central authority to determine protection needs and grant protection status. • Legal aid and representation; • Evaluation of evidence: • “reasonable possiblitiy” • “substantial grounds to believe” • Considering “information from the country of origin”; • Special measures in situations of mass influx (greater flexibility in regard to individualized interviews and proof of risks for each individual); • Reviewing any negative decision, with suspension of removal.

21. UNHCRUnited Nations High Commissioner for Refugees • Relation to refugee protection? • These are two different types of status, and situations of disaster never preclude the application of national and international refugee protection instruments; • One body could have the mandate to grant both types of status; • If the person fulfils the requirements necessary to be granted refugee status, this status should be favoured given the specific protection established in relevant international instruments; • In the case of refugees sur place, the status should be changed from protection for victims of a natural disaster to refugee protection.

22. UNHCRUnited Nations High Commissioner for Refugees www.acnur.org www.unhcr.org