Allow me to start by commending the High Commissioner for holding this Dialogue on Protection Challenges.
As is pointed out in the background document: Even though refugee protection and migration management at large are two different and distinct functions - they need to be undertaken in a complementary and mutually reinforcing manner.
The attached figure illustrates the relationship between today's 200 million migrants, the portion of migrants in need of humanitarian assistance and/or different kinds of protection, the portion of migrants seeking refugee protection and the 10 million refugees as defined by the High Commissioner.
When debating refugee protection in the context of mixed flows, we often find that the discourse is limited to only those that may avail themselves under international refugee legislation. And equally important: The refugee protection regime does not cater for; neither the immediate humanitarian needs nor other durable solutions for those not eligible for, or screened out by asylum procedures.
The mandate of the Red Cross and Red Crescent Movement is different. We work on the basis of humanitarian needs. Our assessment of needs is informed by rights. This enables us to take full account of relevant human rights provisions when determining needs, and our way of working is widely respected.
The human rights of all migrants are articulated within a variety of instruments and treaties on both the international and regional levels. This cannot be ignored. Governments' potential fear of being perceived as soft on migration policies is not a valid reason to disregard the humanitarian needs of migrants. The same goes with all organisations whose mission and mandate is to alleviate human suffering.
The components of the International Red Cross and Red Crescent Movement act according to humanitarian needs, not legal status. Thus, we provide humanitarian assistance to migrants irrespective of their claim to international protection.
At the same time, we fully recognise the need to ensure access to legal procedures and instruments. This is where the complementarities between different institutions and mandates come in to play.
Red Cross and Red Crescent National Societies response to vulnerability and need among migrants will, depending on domestic contexts, take many forms:
- Humanitarian assistance (food, shelter, clothing, health care, first aid, psycho social support)
- Protection (restoring family links, legal and administrative advice, acting against exploitation, information on the risks of irregular migration, monitoring of detention condition and treatment),
- Integration/re-integration (reception services, helping migrants to get included in labour markets, fostering social participation and solidarity)
- Advocacy (providing a humanitarian perspective into policy decisions, combating racism, xenophobia and discrimination, promoting international norms protecting migrants).
I am happy to announce here today that at the recently held International Red Cross and Red Crescent Conference here in Geneva two weeks ago, together with the states, we also adopted a Declaration which explicitly (and I quote) "acknowledge the role of National Societies, based on the principles of humanity and impartiality, and in consultation with public authorities, to provide humanitarian assistance to vulnerable migrants, irrespective of their legal status."
The situations and needs vary greatly from country to country, and sometimes within countries. We have reports which clearly state that migrants deemed irregular by the authorities are being arbitrarily detained without legal assistance; have serious medical and health problems without being granted access to health care; suffer from lack of food, water and shelter; suffer from ill treatment and violence. Children are often denied access to schools.
An additional assistance as well as protection challenge is return of failed asylum seekers and irregular migrants. Although persons may not have left their country due to persecution or armed conflict, they may still face risks and severe difficulties when they return. It is important that return and reintegration is undertaken in a safe and humane fashion where human dignity is upheld.
High Commissioner, Red Cross and Red Crescent activities can either be carried out in our role as auxiliaries to the public authorities or simply on the basis of our mandate and obligations as a humanitarian organisation.
To be able to carry out these activities, the Red Cross and Red Crescent Movement has pledged to do advocacy work with national authorities and other competent organisations to alleviate the suffering of people in need.
This includes a priority to ensure that Red Cross and Red Crescent Societies and other non governmental actors are able to perform their humanitarian functions in an enabling atmosphere. There are some countries where the provision of even the most straightforward humanitarian assistance to irregular migrants is criminalised: this is a situation which will need to be addressed.
Colleagues from several National Societies are present here today to present relevant examples to illustrate this in the break out sessions. Let me mention one example from a National Society which is not present today:
In The Philippines the government is actively promoting overseas labour migration from the country. The Philippines has a well established systems to ensure both that demands for labour and supply of 'workers' are matched and that the security of the Philippine migrants is taken care of through, for example, training, identification cards and credit card systems.
However, in spite of this and in spite of the benefits which labour migration can provide, it still generates vulnerability both for the family members left behind and the individual migrant overseas. The Philippine National Red Cross Society therefore provides a wide range of services to both the migrant overseas and the family members remaining at home like psycho-social support, Restoring Family Links/Tracing and social support overseas.
This provides an example of a protection issue which should be part of the future dialogue: the importance of States considering adherence to the Convention on the Protection of the Rights of Migrant Workers and their Families. This instrument has far too few States party, and we urge all States to give consideration of adherence a new priority.
Ladies and Gentlemen, The question that should be addressed by this forum is not "if we should give assistance and protection to people who are not entitled to international refugee protection", but how we can complement one another in addressing the needs of migrants that fall outside the scope of those who have a legal claim to international protection, and how we can strengthen governments responsibility in this matter.
The International Federation of Red Cross and Red Crescent Societies is prepared to act and we are looking forward to elaborate how we, together with governments, the intergovernmental system, NGOs, and the private sector can join forces to secure the basic needs and rights of all persons negatively affected by migration.