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The Concept of Categorised Protection. Best Practices for Refugee Determination Prato, Italy – 29-30 May 2008. Jean Lanoue. Return & Readmission. THB & People Smuggling. Asylum & Protection. Border Management. Labour Migration. Visa. Integration.
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The Concept of Categorised Protection Best Practices for Refugee Determination Prato, Italy – 29-30 May 2008 Jean Lanoue
Return & Readmission THB & People Smuggling Asylum & Protection Border Management Labour Migration Visa Integration International Centre for Migration Policy 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
International Centre for Migration Policy Development Source Country Information Systems(SCIS) Field-based and case-specific country of origin information Policy Development Intergovernmental DialogueResearch Consultancy Services Capacity BuildingTechnical AssistanceBenchmarkingAssessment
The 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 of 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 – 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.
Results • 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 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 Study • Available from: • ICMPD website: http://www.icmpd.org/asylum00.html • ACVZ website: http://www.acvz.com
Categorised Protection Study Questions and comments