Communication from the Commission to the Council and the European Parliament on regional protection programmes
Date: 2005-09-01
Institutions: European Commission
Subjects: EU Member State, UNHCR, cooperation policy, frontier region, integration of migrants, migration, return migration, rights of aliens, third country

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 1.9.2005 
COM(2005) 388 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL  
AND THE EUROPEAN PARLIAMENT 

ON REGIONAL PROTECTION PROGRAMMES 

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COMMUNICATION FROM THE COMMISSION TO THE COUNCIL  
AND THE EUROPEAN PARLIAMENT 

ON REGIONAL PROTECTION PROGRAMMES 

INTRODUCTION 

The  Commission  Communication  of  14  June  2004  “Improving  Access  to  Durable 
Solutions” (COM(2004) 410) (the June 2004 Communication) made proposals for a 
new  EU  approach  to  the  international  protection  regime.  Regional  Protection 
Programmes  should  be  brought  forward  with  the  intention  of  enhancing  the 
protection  capacity  of  the  regions  involved  and  better  protecting  the  refugee 
population there by providing Durable Solutions (the three Durable Solutions being 
repatriation,  local  integration  or  resettlement  in  a  third  country  if  the  first  two 
Durable Solutions are not possible1. The Communication also made proposals for the 
setting up of an EU-wide Resettlement scheme as a means of delivering protection to 
a greater number of refugees and ensuring a more orderly and managed entry in the 
EU. 

the  Hague  Programme  of  4-5  November  2004, 

the  European  Council 
In 
acknowledged the need for the EU to contribute, in a spirit of shared responsibility to 
a  more  accessible,  equitable  and  effective  international  protection  system  in 
partnership  with  third  countries  and  to  provide  access  to  protection  and  durable 
solutions at the earliest possible stage. A distinction was drawn between the differing 
needs of countries in regions of transit and countries in regions of origin. Countries 
in regions of origin and transit will be encouraged in their efforts to strengthen their 
capacity  for  the  protection  of  refugees.  On  countries  and  regions  of  origin,  the 
European  Council  further  invited  the  Commission  to  develop  EU  Regional 
Protection Programmes in partnership with the third countries concerned and in close 
consultation  and  cooperation  with  UNHCR.  These  programmes  should  build  on 
experience gained in pilot protection programmes  to be  launched before the end of 
2005. These programmes will incorporate a variety of relevant instruments, primarily 
focused on capacity building, and include a joint resettlement programme for those 
Member  States  which  may  be  ready  to  participate  in  such  a  programme  on  a 
voluntary  basis.  With  regard  to  countries  of  transit,  the  European  Council 

Repatriation is the return of a person to their home country. In the context of Durable Solutions this 
return is effected in safety and dignity. 
Local integration is the integration of a refugee into the community of a host country with prospects for 
legal residence and personal autonomy. 
Resettlement  involves  the  selection  and  transfer  of  refugees  from  a  State  in  which  they  have  sought 
protection to a third State where they enjoy guarantees of protection including residence and prospects 
for  integration  and  autonomy.  Resettlement  can be  used  in  situations  where  refugees cannot return  to 
their country of origin nor can they be integrated into their country of first asylum. The "Study on the 
Feasibility  of  Setting  Up  Resettlement  Schemes  in  EU  Member  States  or  at  EU  Level,  Against  the 
Background of the Common European Asylum System and the Goal of a Common Asylum Procedure" 
(published by the Commission in May 2004) gives a fuller examination of resettlement possibilities in 
an EU context.  

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emphasised  the  need  for  intensified  cooperation  and  capacity  building,  both  on  the 
southern  and  eastern  borders  of  the  EU  to  enable  those  countries  better  to  manage 
migration and to provide adequate protection for refugees. 

This Communication is the Commission’s response to the Council Conclusions of 2-
3 November 2004 which invited the Commission to present an action plan for one or 
more pilot Regional Protection Programmes by July 2005 at the latest. The Council 
said  that  a  pilot  Regional  Protection  Programme  should  be  situation  specific  and 
protection oriented. It should draw on a range of measures, such as assistance to third 
countries to comply with international obligations under the Geneva Convention and 
other relevant international instruments, to enhance protection capacity, better access 
to  registration  and  local  integration  and  assistance  for  improving  the  local 
infrastructure and migration management. The development and the implementation 
of  these  programmes  should  be  taken  forward  in  close  cooperation  with  UNHCR 
and, where relevant, other international organisations. Possible EU and other funding 
sources  should  be  indicated.  Coherence  with  the  Community  approach  towards  the 
region and third countries concerned should be assured. 

the  Regional  Protection  Programme  approach  across 

Regional Protection Programmes will be rooted in actions already existing, notably 
in the AENEAS and TACIS financial programmes, and will not be based on a new 
financing framework. This Communication outlines the general framework in which 
the  pilot  Regional  Protection  Programmes  should  operate,  makes  recommendations 
for geographic application and content and sets out a way forward for the inclusion 
the  Community’s 
of 
relationship with the region and countries involved. The first section gives the wider 
policy background to the Communication; the second focuses on the possible content 
of  the  pilot  Regional  Protection  Programmes;  the  third  examines  the  selection  of 
geographic areas for the application of the pilot Regional Protection Programmes and 
how this approach can be embedded in Community policy towards the countries and 
regions  concerned;  the  fourth  and  fifth  sections  deal  with  the  specific  regions  to 
which  the  first  two  pilot  Regional  Protection  Programmes  could  apply;  the  last 
sections address how the pilot Regional Protection Programmes should be evaluated 
and sustainability assured and the steps to be taken next. 

Regional  Protection  Programmes  should  enhance  the  capacity  of  areas  close  to 
regions of origin to protect refugees. The aim should be to create the conditions for 
one  of  the  three  Durable  Solutions  to  take  place  –  repatriation,  local  integration  or 
resettlement.  The  development  of  Regional  Protection  Programmes,  in  cooperation 
with  UNHCR,  in  line  with  the  Memorandum  of  Understanding  between  the 
Commission  and  UNHCR  of  15  February  2005,  and  third  countries  in  regions  of 
origin,  will  necessitate  the  coordination  of  EU,  refugee,  humanitarian  and 
development  policies  to  address  the  full  range  of  protection  needs  as  well  as  the 
impacts  of  refugee  populations  on  local  communities  to  ensure  that  benefits  are 
maximised for all. However, humanitarian aid operations in favour of refugees will 
not be as such part of the Regional Protection Programmes. Decisions to undertake 
humanitarian operations will continue to be made on the basis of needs assessments 
and  operations  will  be  implemented  in  full  respect  of  the  humanitarian  principles. 
Maximising the impact of RPPs can be done by assessing where potential protection 
gaps may exist and ensuring that additional measures complement and add value to 
activities (in particular, humanitarian and development activities) which are already 

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taking  place.  In  practical  terms  this  will  require  coordination  of  policies  and  with 
actors concerned to deliver enhanced protection for refugees. 

CONTENT OF REGIONAL PROTECTION PROGRAMMES 

Regional Protection Programmes should be flexible and situation specific and ensure 
consistency  with  Community  humanitarian  and  development  policies  and  other 
relevant  activities.  The  objective  of  RPPs  is  to  enhance  the  protection  capacity  of 
third  countries. Regional  Protection Programmes should consist of practical actions 
that deliver real benefits both in terms of protection offered to refugees and in their 
support  of  existing  arrangements  with  the  relevant  third  country.  They  should  also 
aim  at  bringing  benefits  to  the  host  country.  On  the  basis  of  these  considerations, 
core constituent activities for a Regional Protection Programme should include: 

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(3) 

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(6) 

(7) 

Projects  aimed  at  improving  the  general  protection  situation  in  the  host 
country. 

Projects  which  aim  at  the  establishment  of  an  effective  Refugee  Status 
Determination  procedure  which  can  help  host  countries  better  manage  the 
migration  implications  of  refugee  situations  thereby  allowing  them  to  better 
focus resources on the core refugee population. 

Projects  which  give  direct  benefits  to  refugees  in  the  refugee  situation,  by 
improving their reception conditions. 

Projects which benefit the local community hosting the refugees, for example 
by addressing wider environmental concerns which affect both refugees and 
the host community and by disseminating information on the positive impact 
of refugees. 

Projects  aimed  at  providing  training  in  protection  issues  for  those  dealing 
with refugees and migrants. 

A registration component, building on UNHCR’s Project Profile for persons 
of concern to UNHCR in the area, which could assist in measuring the impact 
of Regional Protection Programmes. 

A  resettlement  commitment,  whereby  EU  Member  States  undertake,  on  a 
voluntary  basis,  to  provide  durable  solutions  for  refugees  by  offering 
resettlement places in their countries. 

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The  resettlement  of  refugees  from  countries  in  regions  of  origin  to  EU  Member 
States  will  be  an  important  factor  in  demonstrating  the  partnership  element  of 
Regional Protection Programmes to third countries. The Commission notes that since 
the June 2004 Communication several Member States are considering setting up their 
own  national  resettlement  schemes.  The  Commission  expects  that  this  change  in 
approach will contribute to the wider success of Regional Protection Programmes, by 
adding  substantially  to  the  existing  resettlement  effort  rather  than  simply  re-
packaging current schemes in the context of Regional Protection Programmes. 

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After  the  evaluation  of  the  pilot  Regional  Protection  Programmes,  the  Commission 
will  examine  the  opportunity  to  bring  forward  a  proposal  for  a  more  structured 
approach to resettlement activities. Such a proposal will have to take account of the 
operational and logistic needs of managing resettlement on an EU scale. However, in 
the  short  term  and  in  line  with  the  mandate  of  the  Hague  Programme,  the 
Commission  will  come  forward  with  a  proposal  to  amend  the  Council  Decision 
establishing  the  European  Refugee  Fund  so  that  resettlement  under  Regional 
Protection Programmes can be substantially financed by the Community. 

THE REGIONS FOR THE FIRST REGIONAL PROTECTION PROGRAMMES 

The selection of the appropriate geographic regions for the pilot Regional Protection 
Programmes relies on a number of important factors, principally; the assessment of 
particular  refugee  situations  in  third  countries;  the  financial  opportunities  available 
under  existing  Community  funds;  existing  relationships  and  frameworks  for 
cooperation  between  the  Community  and  particular  countries  or  regions.  In  2003 
UNHCR  identified  38  refugee  situations  which  could  be  considered  protracted,  in 
each case where 25,000 or more refugees had been living in exile for more than five 
years. There are also other refugee situations which could benefit from the concerted 
effort  which  Regional  Protection  Programmes  could  deliver.  However,  for  the 
purposes of the pilot Regional Protection Programmes, it is important to focus on a 
clearly delimited area, building on already existing experience acquired on the basis 
of  actions  financed  by  other  external  relations  and  development  instruments  and 
taking  account  of  the  necessity  to  assure  added  value  and  the  possibility  for  an 
evaluation mechanism in the measures taken. 

There are also political considerations which need to be examined such as the need to 
recognise that while transit regions and regions of origin are different in nature and 
require  different  approaches,  it  is  important  for  the  EU  to  address  both  types  of 
region.  In  respect  of  transit  regions,  the  Western  Newly  Independent  States 
featured  strongly  in  Member  States’  considerations.  Action  in  sub Saharan  Africa 
(Great Lakes/East Africa) was also regarded as an important priority particularly in 
view of the possibilities for resettlement from that region and in terms of beginning a 
dialogue with a country or countries in a region of origin. 

In  order  to  obtain  the  necessary  political  support  at  EU  level  for  action  taken 
however, and gain the confidence of the third countries involved, it is important to 
select a region which will allow for rapid and measurable results. Given the above, 
the  Commission  envisages  first  making  the  necessary  arrangements  to  assist  the 
authorities  of  the  Western  Newly  Independent  States  (Ukraine/Moldova/Belarus) 
to develop a pilot Regional Protection Programme2 in a region of transit. 

Actions  in  Belarus  will  focus  on  building  protection  capacity  through  NGOs’  and  contacts  with 
government authorities will be limited to what it is strictly necessary to the efficient implementation of 
the projects. However, state authorities may benefit from the programme if they agree to cooperate on 
refugee  related  human  rights  aspects  such  as  subsidiary  protection,  legal  and  medical  services, 
development of refugee integration programmes etc. 

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REGIONAL PROTECTION PROGRAMME FOR THE WESTERN NIS COUNTRIES 

The Western Newly Independent States (Ukraine, Moldova, Belarus) emerged as a 
clear  priority  in  discussions  with  Member  States.  This  region  already  constitutes  a 
strong  priority  across  Community  external  relations  policy  and  financial  assistance 
which  includes ongoing work  on  protection issues  financed by the Community  and 
individual  Member  States.  Since  the  early  1990s,  UNHCR  has  worked  with 
governments and other relevant parties to help them develop asylum legislation and 
infrastructure, which will require further work and support, as well as new measures 
in the reception, integration and resettlement fields. 

A  pilot  Regional  Protection  Programme  for this  region  would  seek  to  build  on  and 
complement  the  work  already  begun  with  the  cooperation  of  the  authorities  in  the 
Western NIS countries. The main focus of action should be on strengthening already 
existing  protection  capacity.  This  could  include  the  reinforcement  of  subsidiary 
protection, integration and registration as well as core protection activities relating to 
case  consideration  and  reception.  Proposals  for  activities  in  these  areas  should  be 
brought forward in the AENEAS Call for Proposals 2005 and TACIS 2006 Regional 
Action  Programmes  and  other  available  financial  opportunities.  Existing  structures 
should  be  modified  to  support  the  additionality  offered  by  the  pilot  Regional 
Protection Programme. AENEAS allocates an indicative € 2 million for asylum and 
international protection in this region. 

FURTHER REGIONAL PROTECTION PROGRAMMES 

In  respect  of  developing  a  pilot  Regional  Protection  Programme  with  a  country  or 
countries in a region of origin, the prospect of taking further action to better protect 
refugees from the Great Lakes region presents an opportunity that can correspond to 
the programming of the available financial instruments, the centrality of resettlement 
as  a  possible  durable  solution  and  the  political  priorities  expressed  by  Member 
States.  The  opportunity  for  the  EU  here  lies  in  the  possibility  of  developing  well 
coordinated  and  strategic  action  on  protection  and  resettlement  with  relevant  third 
countries and in full respect of the principles of ownership3. This is in line with what 
is envisaged by UNHCR in their Convention Plus initiative4. 

15. 

Of course there are serious challenges in this region for a first, smaller scale Regional 
Protection Programme. Such is the scale of the refugee situations pertaining here that 

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The  UK  Presidency  seminar  on  Resettlement  which  took  place  in  London  on  4  and  5  July  2005 
confirmed the importance of the strategic use of resettlement as a tool to enhance protection capacity in 
third countries. 
In Convention Plus, the UN High Commissioner for Refugees called for new agreements to supplement 
the  Refugee  Convention  and  help protect  refugees  and  achieve  durable solutions  in regions of origin. 
The  aim  is  to  use  understandings  and  commitments  by  States  in  multilateral  agreements  that  address 
specific caseloads, including through comprehensive plans of action. UNHCR envisages that these new 
arrangements, in the form of multi-lateral “special arrangements” could consist of comprehensive plans 
of action to ensure more effective and predictable responses to large-scale refugee situations, including 
additional development assistance targeted to achieve more equitable burden sharing and to promote the 
self  reliance  of  refugees  and  returnees  in  countries  hosting  large  numbers  of  refugees;  multilateral 
commitments  for  the  resettlement  of  refugees;  and  the  agreement  of  roles  and  responsibilities  of 
countries of origin, transit and destination in irregular secondary movement situations. 

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it  may  be  difficult  to  see  how  a  Regional  Protection  Programme  with  the  limited 
funds available under AENEAS would have any lasting impact. It would therefore be 
necessary  therefore  to  select  a  focus  for  the  pilot  Regional  Protection  Programme 
that builds on the work already in hand, makes a difference to refugees on the ground 
and utilises the greater willingness of Member States to launch a resettlement effort 
from this region. This may mean selecting a particular and smaller geographic locus 
within the region as a whole, for the pilot Regional Protection Programme. Here, a 
series  of  targeted  activities  under  AENEAS  can  be  initiated  and  a  greater  impact 
achieved  than  if  activities  were  spread  around  the  region  as  a  whole.  Regionality 
would be assured because the refugees who could benefit from the application of the 
pilot  Regional  Protection  Programme  are  from  across  the  Great  Lakes  region.  This 
smaller  scale  Regional  Protection  Programme  could  serve  as  a  catalyst  for  further 
actions and a basis for a wider, more comprehensive Regional Protection Programme 
to follow. 

Tanzania  could  represent  such  a  geographic  locus  with  large  numbers  of  refugees 
from Burundi and Democratic Republic of Congo. The Country Strategy Paper and 
National Indicative Programme (CSP) for the period 2001 – 2007 between Tanzania 
and the Community recognises that Tanzania hosts the largest refugee populations in 
Africa  and  consequently  benefits  from  one  of  ECHO’s  largest  programmes  of 
emergency  relief.  The  Community  will  continue  to  support  the  peace  process  in 
Burundi  and  in  the  Democratic  Republic  of  Congo  to  create  the  conditions  for  a 
return  of  refugees.  The  Regional  Strategy  for  the  Region  of  Eastern  and  Southern 
Africa  and  Indian  Ocean,  which  includes  Tanzania,  identifies  institutional  capacity 
building  as  of  particular  importance,  notably  to  enable  regional  organisations  to 
contribute to the promotion of good governance, human rights and dispute settlement 
among member countries. 

Within  the  framework  of  development  cooperation  with  ACP  countries,  the 
Commission  envisages  embarking  on  a  dialogue  with  the  Tanzanian  authorities  to 
discuss  the  opportunities  for  and  the  appropriateness  of  a  Regional  Protection 
Programme  in  the  country,  addressing  the  refugees  from  the  Great  Lakes  region. 
Subsequent  to  these  discussions,  an  outline  of  possible  project  areas  could  be 
presented  for  information  to  the  AENEAS  Committee  Activities  could  therefore  be 
proposed  as  projects  under  AENEAS.  The  indicative  budget  for  action  towards 
durable  solutions  for  refugees  in  sub  Saharan  Africa  for  2005  is  € 4  million.  A 
further € 5 million is indicated for actions linked to migration management. 

Other  possibilities  to  be  explored,  in  terms  of  the  further  development  of  Regional 
Protection  Programmes,  notably  include  North  Africa,  Afghanistan  region  and 
Horn  of  Africa.  These  regions  have  been  evoked  in  detail  in  discussions  between 
Member  States.  The  Afghanistan  region  has  been  the  focus  of  much  Community 
and individual Member State action, with actions emphasising the return of Afghan 
nationals to their country in safety. In the Horn of Africa, UNHCR is engaged in a 
preparatory  project  for  a  Comprehensive  Plan  of  Action  for  Somali  refugees.  The 
results  of  these  ongoing  activities  could  prove  essential  for  assessing  the  need  for 
assisting the relevant third countries in devising a possible future Regional Protection 
Programme for this region. North Africa is also clearly a preoccupation of Member 
States and is already the focus of much Community sponsored action. However, the 
more complex nature of the migration situation from North Africa countries means a 
wider  approach  may  be  required.  An  important  factor  in  the  consideration  of  these 

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and  other  regions  for  Regional  Protection  Programmes  will  be  the  identification  of 
possible resettlement caseloads by UNHCR. 

EVALUATION, SUSTAINABILITY AND TIMING 

Pilot  Regional  Protection  Programmes  will  constitute  an  additional  effort  in  our 
commitment  to  refugee  protection  and  will  require  accurate  monitoring  and 
evaluation  during  the  initial  phase  of  this  new  approach.  The  Commission  foresees 
an  independent,  external  evaluation  to  be  carried  out  by  2007  which  will  mainly 
focus on the effects and results of the programmes. 

On  the  basis  of  that  assessment,  the  Commission  will  evaluate  and  report  on  the 
impact of pilot Regional Protection Programmes. The Commission will examine the 
need  to  provide  a  more  systematic  approach  for  Regional  Protection  Programmes, 
including  the  possibility  for  structured  partnerships  with  the  relevant  international 
organisations charged with implementing the associated activities. On that basis the 
Commission will decide on the necessary initiatives to follow. 

In  order  to  effectively  monitor  and  evaluate  Regional  Protection  Programmes  the 
Commission  will  ensure  that  projects  proposed  under  the  AENEAS  Call  for 
Proposals,  which  will  constitute 
the  Regional  Protection  Programmes,  are 
coordinated to deliver results in broadly the same time period so that through using 
interim  reporting  and  frequent  monitoring  interventions,  continuity  can  be  assured 
between the initial programmes and the necessary follow-up work. 

CONCLUSION 

Regional Protection Programmes are a first step in a strengthened approach towards 
international  protection.  They  also  represent  an  opportunity  for  the  EU  to  deliver  a 
series of operational outcomes with the objective of better protecting refugees on the 
ground.  Their  added  value  lies  in  the  responsibility  sharing  basis  provided  by 
resettlement  and  the  commitment  to  deliver  an  additional  complementary  effort  on 
changing  refugee  situations  for  the  better.  This  initiative,  even  if  limited  in  scale, 
should  also  push  refugee  and  protection  issues  up  the  political  agenda  to  the 
advantage of refugees, the third countries involved and EU Member States. 

The  Commission  will  ensure  proper  coordination  between  the  Member  States  and 
countries of origin, transit and first asylum concerned in the delivery and monitoring 
of  the  pilot  Regional  Protection  mechanisms,  in  consultation  with  other  relevant 
stakeholders including the UNHCR. 

24. 

The Commission invites the Council and the European Parliament to take note of the 
Commission’s strategy for Regional Protection Programmes in this Communication. 

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