Amended proposal for a COUNCIL REGULATION (EC) on operations to aid uprooted people (refugees, displaced persons and returnees) in Asian and Latin American developing countries
Date: 1996-05-23
Institutions: European Commission
Subjects: aid to refugees, developing countries, forced migration, repatriation grant, return migration

^^ 
*"  "* 

& 

it 

*** 

I  COMMISSION OF THE EUROPEAN COMMUNITIES 
J 

j 
i 

Brussels,23.05.1996 
COM(%) 234  final 

95/ 0162 (SYN) 

Amended proposal ibr a 

COUNCIL KEQULATION (EC) 

on operations to aid uprooted people (refugees, displaced persons 
and returnees) in Asian and Latin American developing countries 

(presented by the Commission pursuant to Article  189 a (2) 
of the EC-Treaty) 

EXPLANATORY  MEMORANDUM 

The  amended  proposal  for  which the  Commission's  approval  is  sought  for  transmission 
to  the  Council  and  Parliament  is  based  on  the  original  proposal  approved  by  the 
Commission  on  26  June  1996  (COM  (95)  297  final  -  95/0162  (SYN))  and  the 
amendments approved by Parliament at its February session that the Commission was able 
to  accept. 

Of the amendments approved  by Parliament,  the Commission  can agree to  Amendments 
1, 2, 3, 5, 6, 8, 9,  10, 11, 17, 21 (paragraph  1 and the first  indent of paragraph  2) and 22 
which, it believes, usefully  flesh  out the proposals and explain the underlying  principles. 

It  can  also  agree  to  Amendment  4,  even  though  it  refers  to  conflict  prevention  and  the 
Regulation is designed to deal with the consequences of conflict,  and Amendment  7, even 
though  the  Regulation  applies  to  situations  where  the population  movement  has  already 
taken  place. 

Amendment  12 has  been  partially  incorporated:  the  Commission  agrees  to  the  addition 
of the word  "support" but cannot incorporate the term  "returned displaced persons"  since 
this  concept  is  not  well  defined  as  regards  either  the  restriction  of  operations  to 
developing  countries  (which  would  prevent  the  continuation  of  aid  for  uprooted  people 
temporarily  residing  in  developed  countries)  or  the  reference  to  longer-term  aid. 

Amendment  13 has also been taken on board, despite the fact that it seems too "idealistic" 
and  not  easy  to  implement  with  the  material  and  human  resources  available  to  the 
Commission. 

Moving  to  Amendment  14,  the  Commission  can  agree  to  some  of  the  proposed 
improvements  regarding  the  operations  that  may  be  financed  but  not  all.  In  particular, 
the Commission fully  agrees that repatriation  should be voluntary but cannot agree to the 
proposed wording because the effect  would be to block all aid to people who might have 
been repatriated  against  their will.  The principle  of  voluntary  repatriation  has thus  been 
included  as  a recital. 

For  the  same  reasons  the  only  part  of  Amendment  15 that  has  been  incorporated  is  the 
new  definition  of  displaced  persons. 

Most of Amendment  16 has been incorporated,  apart from  the reference  to  rehabilitation, 
which  has not  been  included  because  other  instruments cover  this type of  operation,  and 
the  new  definition  of  ex combatants,  since  it is important  to be  sure  of  extending  aid  to 
the  formers  members  of  the  armed  opposition. 

The  following  amendments  have  been  rejected  by  the  Commission. 

Amendment  18: 
The provisions on the means available for the implementation of operations would be too 
restrictive  and  ill-suited  to  the  need  for  speed  and  flexibility  in  this  type  of  operation 
since consulting all the partners on the ground, the parliamentary committee and the NGO 

i 

Liaison  Committee  would  strain  the  Commission's  human  and  material  resources  to  a 
degree  that  would  incompatible  with  speed  and  flexibility. 

Amendment  19: 
The suppression of prior examination of Commission projects by the committee made up 
of  Member  State  representatives  is  simply  not  realistic  in  view  of  the  already  stated 
positions  of  the  Member  States.  Furthermore,  the  proposal  concerning  the  award  of 
contracts  cannot  be  accepted  since  it  might  lead  to  preferences  being  accorded  to 
developed  non-member  countries. 

Amendment  20: 
The  reasons  are: 

it  drops  the  reference  to  the  ALA  Committee,  whereas  this  Committee  is  the 
appropriate  one  in view  of the nature  of the operations  covered  by  the  proposed 
Regulation; 
it  would  make  the  Commission  hold  consultations  with  the  authorities,  partner 
organizations  and  the  beneficiaries  in  the  countries  receiving  assistance  before 
establishing the general guidelines, a requirement that  is too restrictive  and  likely 
to  produce  delays  in  view  of  the  burden  it  would  place  on  the  Commission's 
human  and  material  resources; 
it provides that meetings of the Advisory  Committee  set up under the  Regulation 
should  be  public,  that  full  minutes  sent  to  Parliament  and  that  a  Member  of 
Parliament  should  take  part  in these  meetings  as an  observer. 

Amendment 21: 
It requires the  Commission  to  submit  a detailed  annual  report  and the Commission  does 
not  have the  human  or  material  resources to  do this. 

Proposal  for  a Council  Regulation  No  ...  of... 

on  operations  to  aid  uprooted  people  (refugees,  displaced  persons 
and  returnees)  in  Asian  and  Latin  American  developing  countries 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  13 Ow thereof, 

Having  regard  to  the proposal  from  the  Commission, 

In  cooperation  with  the  European  Parliament,1 

Having  regard  to  the  Convention  relating  to  the  Status  of  Refugees  of  28 July  1951 
adopted  by  the  United  Nations  Conference  on  the  Status  of  Refugees  and  Stateless 
Persons,  the  New  York  Protocol  adopted  on  31 January  1967  and  other  resolutions 
adopted  by  the  United  Nations  on policy  concerning  refugees, 

Having regard to the  1948 Universal Declaration of Human Rights, the  1966 International 
Covenant  on  Economic,Social  and  Cultural  Rights,  the  1979  Convention  on  the 
Elimination  of  All  Forms  of  Discrimination  against  Women  and  the  1989  Convention 
on  the  Rights  of the  Child, 

Having  regard  to the Resolution  of the European Parliament  on assistance to refugees  in 
developing  countries  adopted  on  16 December  19832  and  later  resolutions, 

Whereas  the  Council  and  Parliament  have  called  for  greater  efforts  on  the  part  of  the 
Community  in this  respect; 

Whereas  the  effectiveness  of  aid  for  refugees,  displaced  persons  and  returnees  is 
dependent  on  the  coordination  of  aid  at  European  level  and  with  other  aid  donors, 
non-governmental  organizations  and  United Nations  agencies; 

Whereas  there  is  a  need  to  increase  efforts  aimed  at  preventing  conflict  and  promoting 
peaceful  solutions  to  political  conflicts  or  wars that  cause  population  displacements; 

Whereas there  is growing  international  recognition  of the de facto  refugee  status  arising 
in both generalized and individual situations as defined by the 1984 Cartagena Declaration 
and  in  recommendations  of  the  Council  of  Europe  and  Parliament; 

Whereas  the  status  of  refugee  may  arise  as  a  result  of  persecution  of  particular  social 
groups  and  the  principle  of  non-discrimination  must  be  promoted; 

1 
2 

Opinion  of  ...,  OJ No  ...; Decision  of  ...,  OJ No 
OJ No  C  10/279. 

H 

Whereas  the  principle  of  "non-refoulement"  and  of  true judicial  settlement  of  cases  of 
human  rights  violations  must  be  enforced; 

Whereas  there  must  be  compliance  with  the principle  by which  no  refugee  or  displaced 
person  must  ever  be  forced  to  return  to  his  country  or  region  of  origin  and  any 
repatriation  or  return  must  correspond  to  the  wishes  of  the persons  concerned; 

Whereas  the  specialized  bodies  and  agencies  and  non-governmental  organizations 
implementing such operations have gained considerable experience in providing assistance 
to  uprooted  people; 

Whereas the Community  wishes aid for  uprooted  people to be provided  in such a way  as 
to  help  them  move  from  subsistence  to  self-sufficiency; 

Whereas  this  type  of  aid  is  a  prerequisite  for  development  and  thus  makes  a  major 
the  Union's  cooperation  policy  objectives  under 
contribution 
Article  130u  of  the  Treaty; 

towards  achieving 

Whereas the provision of aid by the European Union does not dispense host  governments 
and donors from  the upholding of refugees'  human rights in accordance with international 
conventions; 

Whereas administrative rules and procedures  applicable to cooperation operations to help 
uprooted  people  (refugees,  displaced  persons  and  returnees)  must  be  laid  down, 

HAS  ADOPTED  THIS  REGULATION: 

Article  1 

The  Community  shall  implement  a  programme  of  support  and  assistance  to  uprooted 
people  (refugees,  displaced  persons,  returnees  and  demobilized  soldiers)  in  Asian  and 
Latin  American  countries  to  help  them  in  the  interim  phase  between  humanitarian  aid 
given  in response  to a crisis and the provision  of rehabilitation  or development  aid  when 
the  situation  so  allows. 

Article  la 

The  establishment  of  democratic  structures  and  the  promotion  of  human  rights  shall  be 
an  integral  part  of  aid  programmes  for  uprooted  people  in  Asian  and  Latin  American 
developing  countries.  All  the  groups  concerned  and  the  local  host  communities  shall 
participate  fully  in  the  evaluation  of  needs  and  the  implementation  of  aid  programmes. 
Aid  and  funds  shall  be  accorded  to  vulnerable  groups,  including  women,  children, 
indigenous  communities,  the  disabled  and  the  elderly. 

The  Community  shall  support,  inter alia, the  following  operations: 

Article  2 

aid  for  the  subsistence,  upkeep  and  settlement  of  refugees  in the  host  country; 
1. 
2.  aid  and  support  for  the  local  population  in  the  host  area to  mitigate  the  impact  of 

the  presence  of  uprooted  people; 

3.  aid  for  repatriation; 
4.  aid  for  the  resettlement  of  refugees  and  displaced  persons  in their  places  of  origin 
or in  another place of their  choice, including  the possibility  of settlement  in  a third 
country; 

5.  aid  for  the temporary  or permanent  settlement of displaced persons in other  regions 

within  their  own  country; 

6.  aid  for  the  economic  integration  in the host country  of refugees  who  cannot  or  do 

not  wish  to  return  to  their  country  of  origin; 

7.  aid  for  socio-economic  development  and  social reintegration,  including  support  for 

conciliation/mediation  in the place  of  return; 

8.  aid pending  the  start-up  of rehabilitation  or development  programmes,  comprising: 
attainment of self-sufficiency  in food, the provision of shelter, sanitary  installations, 
drinking  water  and  basic  health  care,  including  reproductive  health,  psychological 
aid,  education  and  basic  infrastructure; 

9.  aid  for  the  demobilization  and  reintegration  of  ex-combatants  into  civilian  life; 
10.  mine-clearance  operations where necessary  to allow people to move  about in  safety 
and  settle, resettle or integrate into the social  and  economic  life  of the host  country 
or region or country or region to which they return, plus operations to inform  people 
about  mines  and  the  safety  measures  to take; 

10a  the  provision  of  legal  advice  and  aid  to  displaced  persons  wishing  to  assert  their 

property  rights; 

10b  the  repair  of  damage  to  the  environment  caused  by  major  population  movements; 
10c  specific  programmes  for  displaced  women  aimed  at  halting  sexual  violence, 
supporting  teams  of  women  working  on  the  ground  and  setting  up  services 
exclusively  for women to aid victims of rape, treat sexually transmitted diseases and 
run  mother-and-child  health  programmes; 

lOd  aid  to  keep  families  together,  including  programmes  to  find  family  members  and 

unify  families; 

10e  aid for  the judicial  settlement of cases of human rights violations affecting  uprooted 

people. 

Article  3 

1.  The  beneficiaries  shall  be  uprooted  people  originating  from,  or  provisionally 
established  in,  any  of  the  developing  countries  of  Asia  and  Latin  America. 

(a) 

refugees  are defined  in the Convention relating to the Status of Refugees,  which was 
adopted  on  28  July  1951  by  the  United  Nations  Conference  on  the  Status  of 
Refugees  and  Stateless persons, as " any person  who, owing to a well-founded  fear 
of  being  persecuted  for  reasons  of  race,  religion,  nationality,  membership  of  a 
particular  social  group  or political  opinion,  is outside the  country  of his  nationality 
and  is unable  or, owing to  such  fear,  is unwilling to  avail himself  of the  protection 
of  that  country"; 

(b)  "displaced  persons"  are  persons  or  groups  who  have  fled  their  place  of  origin  but 
have remained within the borders of their country for reasons similar to those set out 

C 

in  the  1951  Convention  and  who  are  in  need  of  protection  but  do  not  enjoy  the 
status  of  refugee  as defined  by that  Convention; 

(c) 

"returnees" are persons or groups who, having fled their place of origin, then decide 
of their own free  will or because of the situation, to return to their country or region 
of  origin. 

2.  Aid  shall  also  be  available  for: 

(a) 

the local population  of the host country, whose social, economic and administrative 
resources  are  drawn  on  for  the  reception  and  assistance  of  refugees  and  displaced 
persons, for the purpose of enabling them to carry out longer term projects  designed 
to bring  about the  self-sufficiency  and  integration  or reintegration  of these persons; 

(b)  demobilized  former  soldiers  of  regular  armies  and  members  of  armed  opposition 

movements,  plus their  families  and  grassroots  support. 

(b)a  persons  in  need  of  international  protection  because  of  serious  threats  to  their  life, 
liberty  or  security  arising  from  persecution,  armed  conflict  or  serious  disruption  of 
public  order. 

Article  4 

Partners  in  the  implementation  of  specialized  and  technical  assistance  may  be 
non-governmental  organizations, 
local  organizations,  United  Nations  agencies, 
international  aid organizations, national, regional  and local authorities, and other  suitable 
organizations. 

Article  5 

1.  The means deployed in implementing operations referred to in Article  2 shall include 
studies, technical  assistance,  training  and  other  services,  supplies, works, and  audits  and 
evaluation  and  monitoring  missions. 

2.  Community financing may also cover investment expenditure, excluding the purchase 
of  real  estate,  and  running  costs,  whether  in  foreign  exchange  or  local  currency,  in 
accordance  with  the  requirements  of  implementing  the  operation. 

3. 
Systematic  efforts  shall  be  deployed  to  raise  a  contribution,  especially  in  financial 
form,  from  participants or partners who will enjoy the benefits of the operation (countries, 
local  communities,  businesses,  etc.)  within  the  limits  of what  is possible  and  depending 
on  the  nature  of  the  operation. 

4.  Co-financing  shall  also  be  sought,  in  particular  from  the  Member  States  and 
multilateral,  regional  or  other  organizations.  The  necessary  measures  shall  be  taken  to 
show that  the  aid  supplied  under  this  Regulation  comes  from  the  Community. 

5.  The  Commission  shall,  in  order  to  ensure  the  consistency  and  complementarity  of 
operations financed  by the Community and by Member States with a view to maximizing 
their  effectiveness,  take  all  necessary  coordination  measures,  including: 

(a) 

the setting-up of an electronic information  exchange system on the operations which 
are  or  may  be  financed  by  the  Community  and  the  Member  States; 

(b)  on-the-spot  coordination  of  operations  through  regular  meetings  and  exchanges  of 
information  between Commission and Member State representatives in the recipient 
country. 

Financial  aid  under  this  Regulation  shall  take the  form  of  grants. 

Article 6 

Article 7 

1.  The  Commission  shall  be responsible  for  appraising,  approving  and  managing  the 
operations  covered  by  this  Regulation  in  accordance  with  the  budgetary  and  other 
procedures  in  force,  in particular  those  laid  down in the Financial  Regulation  applicable 
to  the  general  budget  of the  European  Communities. 

2.  Decisions  relating  to  grants  of  more  than  ECU  5 million  for  individual  operations 
financed  under this Regulation and any changes resulting in an increase of more than 20% 
in the sum initially  approved  for  such an operation  shall be adopted under the procedure 
laid  down  in Article  8. 

3.  All financing  agreements or contracts concluded under this Regulation shall provide 
for  the  Commission  and  the  Court  of Auditors to  conduct  on-the-spot  checks  according 
to  the  usual  procedures  laid  down  by  the  Commission  under  the  rules  in  force,  in 
particular  those  of  the  Financial  Regulation  applicable  to  the  general  budget  of  the 
European  Communities. 

4.  Where the measures or operations  are the subject  of financing  agreements  between 
the Community  and the host country, such agreements shall stipulate that the payment of 
taxes,  duties  and  or  other  charges  is not  covered  by the  Community. 

5. 
Participation  in  invitations  to  tender  and  the  award  of  contracts  shall  be  open  on 
equal  terms  to  all  natural  and  legal  persons  of  the  Member  States  and  of  the  host 
countries.  It  may  be  extended  to  other  developing  countries. 

6. 
Supplies  shall originate  in the Member  States, the host country  or other  developing 
countries.  In  exceptional  cases,  where  circumstances  warrant,  supplies  may  originate 
elsewhere. 

? 

Article  8 

1.  The  Commission  shall  be  assisted  by  an  Advisory  Committee  made  up  of 
representatives  of  the  Member  States  and  chaired  by  the  representative  of  the 
Commission, namely the ALA Committee  set up under Article  15 of Council  Regulation 
No  443/92/EEC  adopted  on  25 February  1992. 

2.  The representative  of the  Commission  shall  submit to the  Committee  a draft  of the 
measures to be taken.  The Committee shall deliver its opinion on the draft  within a time 
limit  which  the  chairman  may  lay  down  according  to  the  urgency  of  the  matter,  if 
necessary  by  taking  a vote. 

The opinion shall be recorded  in the minutes;  each Member  State shall have the right to 
ask  for  its position  to  be  recorded  in the  minutes. 

The Commission shall take the utmost account of the opinion delivered by the Committee. 
It  shall  inform  the  Committee  of  the  manner  in  which  its  opinion  has  been  taken  into 
account. 

3.  There  shall  be  an  exchange  of  views  once  a  year  on  the  basis  of  a  report  by  the 
Commission  representative  on the  general  guidelines  for  operations  in the  coming  year. 

Article  9 

At the end of each budget year, the Commission  shall present  a report to Parliament  and 
the  Council  summarizing  the  operations  financed  in  the  course  of  that  year  and 
evaluating  the  implementation  of this  Regulation  over  that  period. 

The report shall provide detailed information  about those with whom contracts have been 
concluded. 

The  report  shall  also  summarize  any  independent  evaluations  of  specific  operations. 

Article  10 

This  Regulation  shall  enter  into  force  on  the  third  day  following  that  of  its  publication 
in the  Official Journal  of  the European Communities. 

This  Regulation  shall  be  binding  in  its  entirety  and  directly  applicable  in  all  Member 
States. 

This  Regulation  shall  be  subject  to  review  five  years  after  its entry  into  force. 

Done  at  Brussels, 

For  the  Council, 
The  President 

J 

ISSN 0254-1475 

COM(96) 234  final 

DOCUMENTS 

EN 

11 

Catalogue number  : CB-CO-96-246-EN-C 

ISBN 92-78-04508-X 

Office  for Official  Publications  of the European Communities 

L-2985 Luxembourg 

^Xo