The Concept of Categorised Protection Presentation by:

Jean Lanoue

Best Practices for Refugee Determination Prato, Italy – 29-30 May 2008

International Centre for Migration Policy Development

Return & Readmission THB & People Smuggling Asylum & Protection 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 Visa Border Management

Prato Best Refugee Practices 29-30 May

Labour Migration Integration

2

International Centre for Migration Policy Development

Source Country Information Systems (SCIS)

Field-based and case specific country of origin information

Policy Development

Intergovernmental Dialogue Research

Consultancy Services

Capacity Building Technical Assistance Benchmarking Assessment Prato Best Refugee Practices 29-30 May 3

The Study

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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.

Prato Best Refugee Practices 29-30 May 4

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.

Prato Best Refugee Practices 29-30 May 5

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.

Prato Best Refugee Practices 29-30 May 6

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.

Prato Best Refugee Practices 29-30 May 7

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.

Prato Best Refugee Practices 29-30 May 8

Categorised Protection Study

 Available from:  ICMPD website: http://www.icmpd.org/asylum00.html

 ACVZ website: http://www.acvz.com

Prato Best Refugee Practices 29-30 May 9

Categorised Protection Study

Questions and comments

Prato Best Refugee Practices 29-30 May 10