Sir, - As the debate continues on the formulation of a common policy to deal with the Kosovan refugee crisis, relocation to third countries is emerging as a contentious issue. Arguments against relocation highlight the fear that if it is poorly managed, refugees will be separated from their families, as is already feared of those airlifted to Norway and Turkey. A second principal concern is that refugees should be kept as close to the border of Kosovo as possible to assist in their earliest possible repatriation.
Given that for the foreseeable future return to Kosovo is not an option for most of the displaced, the Irish Refugee Council's principal concern is with the immediate and effective protection of the refugees fleeing the war in southern Europe. This, in our view, necessitates relocation to third countries for the most vulnerable groups identified by UNHCR personnel on the ground. That said, it is imperative to keep in mind that the overall objective is to allow refugees to return home with dignity and security when this becomes possible. The underlying principle of any dispersal is that it should be voluntary.
Short of draconian containment measures, clandestine travel to the more developed countries will become inevitable, given the existence of long established trafficking routes from the area. Properly managed and co-ordinated relocation, done with the full and informed consent of the refugees themselves, therefore seems the best option for the most disadvantaged.
If one accepts that relocation is going to happen, the question then arises as to how individual states deal with their responsibilities.
Responsibility should be commensurate with available resources. This however, is something which clearly does not apply. For example, Ireland's commitment to receive 1,000 Kosovars compares dramatically with the 6,000 to be located in Romania, supplementing the Serbs who have already fled to the western region. The Irish Refugee Council believes that Ireland is clearly in a far stronger position to ensure the security, shelter, medical and other pressing needs of the most vulnerable of the displaced. This is an opportunity for Ireland to fulfil its international obligations in a humane and generous manner in the face of the current crisis.
Some concern has recently been expressed as to what the status of the arrivals will be. The concept of "temporary protection" as defined by ECRE, The European Council for Refugees and Exiles, would seem the most appropriate. According to ECRE: "Temporary protection represents a reasonable administrative policy only in an emergency situation where individual refugee status determination is not immediately practicable and where temporary protection's implementation will enhance admission to the territory."
That said, experience has demonstrated that large-scale arrivals of refugees fleeing from a war situation generally include many individuals who should be recognised as refugees under the 1951 Convention. In the past it has sometimes been wrongly assumed that where a large group has fled a war their asylum claims would in substance differ from the definition of a refugee under the Convention. Given the impossibility of assessing the duration of the war, it is imperative that the rights attached to temporary protection must be proportionate to its duration. Considering the profound impact relocation will have on the refugees who are relocated, issues such as tracing family members will also have to be an integral part of the state's reception policy.
The Irish Refugee Council also believes that return following temporary protection should only take place multilaterally in conditions of safety and dignity, with assistance and counselling, and on the basis of an independent and impartial human rights assessment.
In conclusion therefore, we believe that the humanitarian needs of Kosovo's refugees must take priority, and that given the immense strain the emergency operation is under in the region, this will have to include allowing refugees to relocate in European countries. We wish to again underline that such relocation must be fully voluntary, family unity must be preserved, rights of the arrivals must be guaranteed and, finally, there must be a full commitment that no forced returns to the region will ensure. It is in our State's interest to do its utmost to ensure that these needs are met in the most humane and generous manner. - Yours, etc., Michael Keating, Sarah McCan, Derek Stewart, Chairman, Irish Refugee Council,
Dominick Street Lower, Dublin 1.