Preamble
The nature of refugee flows and how refugees are received in countries of refuge in Africa are changing as a new restrictionism sweeps through policy debates.

This shift in the readiness of host populations to receive refugee populations is not only a factor of the ending of the anticolonial struggle, continued economic and environmental degradation and a refocus on consolidating national identity. It is also a question being increasingly posed in terms of national security. Refugees are perceived not simply as victims of conflict and deserving of refuge, but as bearers of direct threats to security as complex internal and transnational conflict becomes the norm.

This characterization of the refugee as a "threat" or as undeserving of welcome has been exacerbated by the fact that often among those who are arriving at the border alongside refugee populations are armed elements, mercenaries, and combatants as well as ordinary migrants simply in search of a better life. The protracted nature of many refugee situations in Africa has also added to the obstacles experienced by refugees in accessing protection as "compassion fatigue" sets in among host populations.

The events of September 11, 2001, in the United States of America created heightened international concentration on the question of security and on the legal frameworks that govern people on the move—not always to the advantage of refugees. In a context where refugee questions are being increasingly conflated with questions of security, it is important to recall that refugees are themselves victims of human rights violations. By a strict application of the definition of the refugee as found in international law, for example, persons who have committed serious crimes cannot be considered as refugees. Ensuring security and protecting refugees are thus not opposing objectives. Achieving the real security of refugees and host communities—and enjoyment of the full spectrum of human rights for both the refugee and host population—can be viewed as an integral and necessary part of state security. In this regard, security must be understood as a broad concept with many elements—physical, emotional, economic, and social. It is important to differentiate among the various components of security in designing responses to complex emergencies.

An effective response to refugee protection in the context of the changing economic and political environment in which refugees find themselves in Africa demands a new conceptual and institutional architecture. First, it must be accepted that as a result of the persistent problems of governance and violations of human rights on the continent, those suffering persecution and caught up in violent conflict will continue to seek refuge abroad. Durable solutions for refugee situations must therefore be sought in tandem with long-term development planning for refugee and host populations.

Second, refugee protection in the context of conflict and insecurity must not be viewed as an isolated and solely humanitarian task. No single agency or institution possesses the mandate or resources to respond adequately to the host of issues that arise in the context of complex emergencies.

Principle Policy Recommendations

1. The changing character of refugee flows poses a challenge to the categories and language of the traditional refugee humanitarian framework. The refugee and humanitarian assistance regimes must no longer be the only channels for action. There is a need for a continuum of responses and the implication of a variety of instruments and actors, both international and national, in responding to various scales of movement and loss of order. Additional intensive policy and academic dialogue on a multilateral level is required to identify where there may be gaps in current mandates and tools.

2. Predicable standing arrangements for response to complex emergencies, particularly at the national but also subregional level, must be identified. These should include systems for the collection and analysis of information and early warning and the taking of preventive measures.

3. Once an emergency occurs, mechanisms should be in place whereby host states may request and obtain support in responding to situations that threaten law and order and public security, particularly in relation to swift stabilization of a situation. Existing mechanisms (such as that of the current security arrangement within the Economic Community of West African States) must be strengthened and employed more extensively. Special bilateral arrangements and/or the development of new regional or subregional standby structures could also be considered. Appropriate military and policing capabilities, well trained and equipped with the ability for swift deployment, should form part of these arrangements, whether at the national or international level.

4. The enactment of the Constitutive Act of the African Union has created an opportunity for more robust and effective action to protect refugees and ensure security on the continent, including potential for the development of new monitoring and intervention mechanisms. It is important that the new governing and operational structures of the African Union clearly define their relationship with current subregional arrangements and that they take a multisectoral approach to responding to emergencies involving refugees.

5. Unquestionably, the host state has the primary responsibility for protecting refugee and host communities and ensuring public order and security. In many situations, however, resource limitations and political instability render this task extremely difficult. In particular, the increasing reticence on the part of states in Africa to engage in taking primary responsibility for refugee management and protection is regrettable. At the same time it is acknowledged that the 1969 OAU Refugee Convention Relating to the Specific Problems of Refugees in Africa makes explicit the notion that protecting refugees is a collective responsibility. Regional and subregional fora should be identified where all relevant actors can discuss and assign coordinated responsibilities during complex emergencies.

6. There is a need to develop clear operational guidelines for the conduct of procedures in situations of mass influx to identify refugees in need of protection, to exclude and separate those who may have committed serious crimes from refugee protection or who threaten the civilian nature of asylum, and to separate those whom security considerations require that they are kept apart from the majority of the refugee population. It was suggested that a comparative examination of the Zambian security initiative relating to separation of categories of arriving asylum-seeking populations and other models might be carried out.

7. It is important that action be taken to bring to justice those within an arriving population who can be identified as suspects in the commission of serious crime. Host states should strive to increase their capacity to try those responsible for serious international crime, in particular through the ratification and implementation of the 1998 Rome Statute. At the same time those who are excluded should continue to enjoy basic human rights, particularly those relating to due process. National legislation and pursuant regulations should ensure that provisions for extradition, expulsion, and removal of noncitizens operate harmoniously with protection principles and refugee determination procedures.

8. The registration of refugees at point of entry and any subsequent status determination or screening procedure must be conducted in a manner which ensures the confidentiality of the process and the safety of the refugee within the context of the particular security context.

9. The particular security problems posed by the establishment of camps and settlements, and how they might be debated and addressed, deserve further study. Where camp policies are particularly inflexible, for example, even those refugees who choose to self-settle may face additional difficulties. At the same time, as has been the case in certain parts of West Africa, there is a range of security threats that may be avoided by more extensive policies of self-settlement. This approach to securing refugee economic and social security might be further explored.

10. Refugee communities should be involved to the greatest extent possible in decision making relating to the management and security of camps and settlements. Caution must be exercised, however, to ensure that particular groups do not exercise inappropriate control. Finally, it is important that camps and settlements do not become "islands"—areas outside the control of the host state—which can lead to a lack of accountability in relation to security and administration matters.

11. In the conclusion of peace agreements, protection of refugee rights and the rights of those who have taken part in hostilities and may not wish to return to their country of origin must be taken into consideration.

12. To the greatest extent possible, responses to a refugee crisis must take into account the needs and rights of host populations, in particular in the form of integrated delivery of services and strengthening the capacity of host communities. In addition, raising awareness of refugee needs and rights at all levels of society is vital (especially at the political level and among youth), particularly in the context of growing xenophobia and misperceptions about the impact of refugee populations on host communities.

13. It is important that the protection mandate of UNHCR be secured through adequate funding and the deployment of sufficient protection staff on the ground and, not least, promotion of refugee law and standards. Human rights and humanitarian organizations might consider ways of augmenting this capacity by playing a stronger advocacy and protection role where possible.

14. The NGO community should explore its role in, and potential responsibility for, dealing with issues relating to refugee security. This might include consideration of capacities for information-sharing, working with local populations to reduce refugee-host community tension, providing assistance to separated persons, and monitoring the rights of refugees and the accountability of those working to assist them.

15. With respect to monitoring the human rights dimension of new refugee security arrangements, the Office of the High Commissioner of Human Rights might take the lead in providing accurate information on conditions in the host country and country of origin, encouraging the use of all available channels to hold serious criminals accountable, and assisting with the provision of appropriate training in applicable human rights standards to all actors involved in response to complex emergencies.

This Policy Bulletin summarizes the discussions of the economic integration working group of the Entebbe conference as interpreted by the organizers. It is a summary rather than an agreed statement, and therefore it should not be assumed that every participant subscribes to all recommendations, observations, and conclusions.