Proposed Pledges for the United States to Enhance Protection for Refugees, Asylum Seekers, Stateless Individuals and

All Persons of Concern to the United Nations High Commissioner for Refugees INTRODUCTION The year 2011 marks the 60th Anniversary of the 1951 Convention relating to the Status of Refugees, as well as the 50th Anniversary of the 1961 Convention on the Reduction of Statelessness. The United Nations Office of the High Commissioner for Refugees (UNHCR) celebrated its 60th Anniversary in December 2010. In honour of these momentous occasions, UNHCR is embarking on a year-long commemorative process, which will culminate in December 2011 with a Ministerial meeting of State Parties to these Conventions in Geneva. The meeting will provide an opportunity for States to reaffirm their commitment to fulfilling their obligations under these Conventions by making pledges to renew efforts to address issues of forced displacement and statelessness and to enhance the protection of all persons of concern to UNHCR. This document presents an edited version of proposed pledges for the United States Government to consider making as part of the commemorative process.1 These proposed pledges encompass UNHCRs own assessments as well as those identified through consultations with partners in government, academia and non-governmental organizations. The document first presents two proposed core pledges to provide a clear context and to frame the more specific pledges that follow, which are organized by category. Each category in turn contains a core pledge and several more detailed pledges that the U.S. Government could commit to undertake. We look forward to working with our colleagues and partners in the U.S. Government and to providing whatever assistance would be most useful in formulating, finalizing and fulfilling any pledges it may undertake in recognition of the historic commemorations of December 2010 and throughout 2011. PROPOSED CORE PLEDGES Pledge to reaffirm the United States Governments commitment to providing meaningful protection to refugees, asylum seekers, and other persons of concern to UNHCR by ensuring that domestic legislation, policy, practices and procedures comply with the obligations set forth under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees and under other international human rights instruments and standards. Pledge to reaffirm the United States Governments commitment to resettlement of refugees in the U.S. and to ensure that those in need of special consideration for resettlement are given access to an expedited process. Pledge to adopt a comprehensive strategy for the reduction and prevention of statelessness and its causes, in line with the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness and the UNHCR protection framework.
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PROPOSED SPECIFIC PLEDGES ON U.S. PROTECTION AND DURABLE SOLUTIONS Interpretation of the Refugee Definition Pledge to ensure that asylum adjudicators interpret and apply the refugee definition in a full and inclusive manner that is consistent with the 1951 Convention and 1967 Protocol and in compliance with UNHCR guidance. Bars to Asylum Eligibility Pledge to ensure that the grounds for exclusion from asylum protection are stated, interpreted and applied in manner that is consistent with the 1951 Convention and 1967 Protocol. Expedited Removal Pledge to ensure that expedited removal procedures do not lead to refoulement of refugees and to provide all asylum seekers with access to full refugee or asylum status determination procedures unless a claim is determined to be clearly abusive or manifestly unfounded. Removal Adjudications Pledge to ensure that the U.S. immigration courts and administrative appellate body operate effectively and efficiently so that refugees, asylum seekers, and other persons of concern to UNHCR receive meaningful access to protection. Prosecution of Asylum Seekers on Immigration-Related Grounds Pledge to ensure that refugees, asylum seekers, and other persons of concern to UNHCR who enter the United States unlawfully or with fraudulent or false documents and have good cause to do so within the meaning of Article 31 of the 1951 Convention and Article I of the 1967 Protocol are not prosecuted for this conduct. Detention Pledge to ensure that, in compliance with Article 31 of the 1951 Convention and Article I of the 1967 Protocol, the detention of refugees, asylum seekers, and other persons of concern to UNHCR is neither automatic nor unduly prolonged and occurs only when determined to be necessary; and that conditions of detention comply with basic standards and norms of treatment set forth in international human rights instruments applicable to detainees. Children Pledge to ensure that U.S. policies and practices governing the treatment of all children, in particular those who are separated from family or unaccompanied, effectively identify and respect their protection needs in line with UNHCR guidance and international standards on the best interests of the child. Interdiction Pledge to ensure that all refugees, asylum seekers and other persons of concern to UNHCR who are subject to U.S. interdiction measures are provided full and meaningful assessment of their claims for protection and that they are not returned, directly or indirectly, to territories where their life or freedom would be threatened due to a Convention ground or for other internationally protected reasons.
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Stateless Individuals in the United States Pledge to adopt a comprehensive strategy for the reduction and prevention of statelessness and its causes. Legislation Pledge to work towards the adoption of legislation that will provide meaningful protection to refugees, asylum seekers, and other persons of concern to UNHCR. Durable Solutions Refugee Resettlement Pledge to support efforts to reduce the gap between global refugee resettlement needs and available resettlement opportunities and to improve the response capacity for urgent and emergency cases. Protection and Integration Pledge to support all refugees, asylum seekers, and other persons of concern to UNHCR in securing protection and, for those granted protection, in achieving durable solutions, by ensuring that their civil, social and economic rights are secured and opportunities for self-reliance are maximized. PROPOSED SPECIFIC PLEDGES ON INTERNATIONAL PROTECTION AND ASSISTANCE U.S. Funding Pledge to support UNHCRs effort to achieve full funding of its Global Needs Assessment Budget. Assistance Pledge to support the provision of adequate assistance for all persons of concern. Protection and Durable Solutions Pledge to continue supporting efforts to ensure that the rights of persons of concern to UNHCR are recognized internationally in law and in practice. Internal Displacement Pledge to assist with efforts aimed at ensuring that internally displaced persons (IDPs) are protected and receive adequate assistance and appropriate durable solutions. Statelessness Pledge to continue promoting the prevention and reduction of statelessness worldwide.