Illegal immigrants: the UNHCR's role

With reference to the article entitled "The law and illegal immigrants" by A Special Correspondent (The Sunday Times, March 19) there is a reference to the work of the United Nations High Commissioner for Refugees (UNHCR) which requires some clarification.

UNHCR is the Refugee Agency of the United Nations, with the mandate to protect asylum-seekers and refugees worldwide. Furthermore, the 1951 Geneva Convention relating to the Status of Refugees highlights UNHCR's task of supervising its implementation so that by signing the Convention, all contracting states undertake to co-operate fully with UNHCR.

With regard to the reference to persons not qualifying for refugee or humanitarian status made by Special Correspondent, it should be noted that UNHCR fully acknowledges that for the integrity of the asylum-system to be preserved, persons found not to be in need of international protection should be returned. Such return should be undertaken in a humane manner, in full respect for human rights and dignity.

With regard to the transfer of persons from Malta to other countries, it must be mentioned that UNHCR is actively assisting the Maltese authorities in their appeals to other EU member states. The transfer of 36 refugees and persons granted humanitarian protection from Malta to The Netherlands was encouraged and facilitated by UNHCR. This may also be said for other pending burden-sharing exercises envisaging transfers to other countries.

Co-operation and dialogue have always characterised the relationship between the Government of Malta and UNHCR, on the basis of a clear understanding of Malta's current difficult scenario. On the issue of closed centres, UNHCR's guidelines state that detention of asylum-seekers is inherently undesirable and should in principle be avoided.

UNHCR has also underlined the advantages of open and community-based accommodation for asylum-seekers. Such options would decrease the risk of tensions and security incidents and would probably be financially less costly than closed centres.

One of the main challenges faced by our agency in modern times is intolerance. As underlined by High Commissioner António Guterres in a recent statement to the European Parliament, "stopping intolerance requires the same conscious effort to avoid the lowest common denominator. Here, that denominator is fear and suspicion - of the stranger, the foreigner, and what is different. It is the product of an oftentimes caustic public debate and the wilful and misleading confusion of asylum-seekers and migrants. Intolerance is fostered by populist rhetoric, both in developing nations and in the North. The ills it breeds - exclusion, xenophobia, racism, violent nationalism and religious fundamentalism - are a serious threat to world peace and the cohesion of our societies."