A/HRC/18/54
Borders Fund, may be mobilized to provide additional support for Member States dealing
with mixed flows of migrants.44
60.
On 20 April 2011, UNHCR launched the Global Resettlement Solidarity Initiative,
which calls upon States to consider contributing resettlement places for non-Libyan
refugees coming from the Libyan Arab Jamahiriya and who are hosted on the borders of
Egypt and Tunisia, as well as for long-term refugees living in urban centres in Egypt. To
date, UNHCR has received pledges from 11 countries offering some 936 resettlement
places for resettlement out of Egypt and Tunisia. The United States of America has pledged
a number of resettlement places, and the Government of Canada reported that it had
selected for resettlement a number of refugees in Tunisia, as well as from the Sallum camp
on the Egyptian-Libyan border.45 On 12 May, the European Commission organized a
ministerial pledging conference during which European Union Member States and three
associated countries pledged to resettle a total of 718 refugees from North Africa, in
particular from Tunisia and Egypt.46
61.
On 24 May 2011, the European Commission adopted a communication entitled
“Dialogue for migration, mobility and security with the Southern Mediterranean countries”
(COM (2011)292). In the communication, the Commission proposed establishing dialogues
on migration, mobility and security with the southern Mediterranean countries. 47
IV. Conclusions
62.
The flows of people leaving North Africa in response to recent events are often
termed “mixed flows”, in that they include people with various motivations and
protection profiles, including refugees and asylum-seekers, unaccompanied and
separated children, victims of trafficking, irregular migrants and smuggled migrants.
Vulnerable groups include in addition women at risk, elderly migrants, migrants with
disabilities, and migrants with serious health conditions and needs, including as a
result of being caught up in the conflict. International norms provide that every
person in a mixed flow is entitled to the individual consideration of his or her
particular circumstances; accordingly, this requires States to put in place protectionsensitive responses to such flows.
63.
Such an approach is preferable to policies that are premised on assumptions
about the motivations of migrants based on their country of nationality or of
departure, their gender, age or their ethnicity. Under international human rights law,
all arriving migrants are entitled to have access to an adequate process to determine
their protection needs. Some migrants will need the protection offered by specific legal
regimes, such as refugee law or the protection of victims of trafficking. Others will
need the protection of universal human rights norms that protect all persons
regardless of their status. The advantage of such an approach, in addition to assuring
greater protection of human rights, is that it could reduce pressure on the asylum
44
45
46
47
Submission of the European Union, 11 August 2011. The European Commission also reported that
any future flows of migrants could enable use of the 2001 Temporary Protection Directive so as to
provide immediate protection and reception in the territory of Member States of the European Union
for the persons concerned and to promote voluntary solidarity between Member States.
Submission of the Government of Canada, 10 August 2011.
Submission of the European Union. On 5 August, the European Commissioner for Home Affairs
urged Member States to expedite a Union-wide resettlement programme and to increase the number
of refugees currently resettled by European Union Member States.
Submission of the European Union.
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