Anniversary to celebrate

A few days ago, two men who had fled Somalia were awarded financial compensation by Malta’s Constitutional Court. The judge found that they had been denied their rights when they had been forcibly returned to Libya after arriving here in 2004. Before seeking asylum they had lost family members in Somalia, endured detention and torture in Libya and survived abandonment in the Sahara.

This Maltese judgement pays heed to two fundamental principles of human rights and refugee law: the right to seek asylum from persecution and the corresponding obligation on states not to return an individual to a situation of danger.

The Maltese authorities have acknowledged this responsibility by taking measures to ensure that asylum seekers receive information in a language they can understand. In fact, this year alone almost 1,500 asylum applications were assessed by the Office of the Refugee Commissioner. Some have been confirmed as refugees, many others granted subsidiary protection status because they have fled war or violence. An equal number of claims were rejected as they were not found to qualify for protection under the criteria defined by international refugee law. And, for the record, it does not matter if someone arrived without a visa or documents; a refugee is a refugee regardless of the mode of entry.

Today, representatives of almost 150 states are gathered in the serene surroundings of Geneva to commemorate the 60th anniversary of the UN Refugee Convention, the cornerstone of refugee protection. Malta is among the countries present at this event, which is much more than an opportunity for lofty speeches and diplomatic chit-chat.

At the opening yesterday, the UN High Commissioner for Refugees called on states to look at ways to strengthen their own refugee protection mechanisms for the displaced and stateless. During the two-day conference – the biggest in the UNHCR’s history – many partici-pating governments are making concrete commitments to improve standards of national and international protection.

Why is the Refugee Convention worthy of celebration?

First and foremost, it has been both resilient and adaptive in providing a common standard for states to establish who is in need of international protection.

The convention defines a refugee as someone who has a fear of being “persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion”. These words were crafted primarily in response to post-World War II displacement but, during six turbulent decades, they have made protection a reality for millions of refugees all over the world.

Complemented by regional instruments, the 1951 Refugee Convention remains the international backbone of the asylum system. Ultimately, it benefits all states and all peoples.

No one knows who may be forced to leave their homes behind during the next six decades: “The causes of forced displacement are multiplying,” according to the UN High Commissioner for Refugees, António Guterres. “People are uprooted not just by conflict and persecution but also by extreme poverty and the impact of climate change. These factors are increasingly inter-related.”

This year has presented difficult challenges for Malta but we have also been encouraged by stories of rescue and support for people in desperate need. This week, another 44 people were brought to shore by the Armed Forces of Malta, the first such landing in almost six months. But it remains a harrowing fact that more men, women and children have perished at sea this year than those who made it to Malta. This unfathomable tragedy adds up to more lives lost than in the Titanic disaster.

For those who made it to safety, the long-term solutions are to be found both here in Malta and in other countries (just last week 150 people left for Germany). The UNHCR continues to provide support for all solutions: repatriation, integration and resettlement.

It is the European year of volunteering and it is an appropriate time to recognise those who dedicate time and energy to make the lives of others a little more bearable.

In Malta, there are many who offer support for refugees and migrants with no expectation of reward or remuneration. In my work I am privileged to meet such people from all walks of life: some from within the Church, others linked to organisations or businesses. Notwithstanding the obvious importance of the official structures of the national asylum system, it is imperative to recognise the contribution by volunteers.

At the UNHCR we know through our daily contact with the refugee community that every individual effort can make a difference.

In a world where millions remain uprooted, where more and more people are on the move, the 1951 Refugee Convention is still proving its relevance and value. Amidst persistent concerns about financial crises, security measures and migration control, the near-universal participation of states at today’s commemoration in Geneva illustrates that – even during difficult times - the people who have lost everything still matter.

The author is the representative in Malta of the United Nations High Commissioner for Refugees.