WRITTEN QUESTION E-3332/02

by Glenys Kinnock (PSE) to the Commission

(26 November 2002)

Subject: Afghanistan

Would the Commission clarify how the proposal from Council to repatriate Afghan refugees currently living in the EU would be funded? Is the Commission aware that there are concerns about legal and humanitarian aspects of this proposal?

Answer given by Mr Vitorino on behalf of the Commission

(21 January 2003)

The Commission is strongly committed to the reconstruction and recovery of Afghanistan. Since September 2001, it has been one of the largest contributors to the reconstruction effort. In 2002, development assistance will be over EUR 205 million. In addition, the Commission will finance humanitarian support of about EUR 73 million.

The massive return of refugees is widely seen an indicator of the achievements of the leadership of the Afghan Interim and Afghan Transitional Authority. Up to 2,5 million refugees are thought to have returned from the region, including internally displaced persons returning to their place of origin. The Commission is determined to support the sustainability of these returns both through its humanitarian aid, and through its development assistance which is especially aimed at rural recovery, physical reconstruction, human and social capital and finally, governance and security.

As requested by the European Council in Seville, the Council of Ministers adopted on 28 November 2002 a plan to support returns to Afghanistan. This plan seeks to establish methods to support those wishing to return. Its principles are modelled on the existing tri-partite agreements brokered by United Nations High Commissioner for Refugees (UNHCR) and concluded between the Afghan authorities and the host-country concerned.

The plan adopted by the Council sets up a division of labour between the Member States and the Commission. All pre-departure and transport costs will be covered by the host countries while the Commission will undertake certain co-ordination functions and will bear the cost of reintegration measures. Earlier in 2002, the Commission earmarked EUR 3,6 million to support qualified Afghan nationals' return to positions

in the Afghan administration and to the private sector. In addition, with regard to the return plan, the Commission has indicated that it is ready to earmark an indicative amount of EUR 7 million out of budget line B7-667 to support measures facilitating reintegration of returnees from Europe. The Commission will also devote some EUR 10 million to ensure sustainability of returns regardless of whether these are returns from the region or further afield.

Regarding legal and protection issues, the return plan states clearly that the focus will be on voluntary returns and includes legal and other safeguards. Forced returns can take place only in full compliance with the 1951 Geneva Convention on the rights of Refugees and if all other legal possibilities for remaining in the Union have been exhausted. Furthermore, it should be considered only if the person in question has not, within a reasonable period of time, taken advantage of any assisted voluntary return programme.

The return plan also establishes a so-called Afghanistan Return Co-ordination Group. One of the main terms of reference of this group is to set in motion the part of the return plan which states that the identification of returnees and the pace of return shall take into consideration the best available information of the situation on the ground, the possibilities of matching returns with reconstruction efforts and the partnership between the Union and the Transitional Government of Afghanistan. The Commission will chair this co-ordination group and take into consideration all relevant humanitarian aspects and best-practice on phased return that duly reflect the situation on the ground. In this framework, close cooperation will be ensured with other relevant parties for the implementation of the return plan, in particular UNHCR.