Input:
## Secondary Data Review
# GENDER-BASED VIOLENCE – Mozambique: Cyclone Idai and Floods

APRIL 2019 difficult to access. As a result of the cyclone and floods, people in remote affected areas face challenges accessing district hospitals.

To ensure a private and protective environment, there is a need to refurbish the maternity wards, where the survivors are treated. Further, the administrative offices of the Women and Children’s Protection desk need to be rehabilitated, so a private and protective environment can be restored for women and girls to report confidentially.

**HIV:** It is estimated that almost 1.6 million people, including more than 90,000 children,
are infected with HIV in Mozambique. More than half of those infected are women, and
[15% of pregnant women aged 15–49 are HIV-positive (ODI, 2014). The prevalence rate](https://www.odi.org/sites/odi.org.uk/files/odi-assets/publications-opinion-files/9073.pdf) of HIV in the population aged 15-49 is 13.2% (15.4% in women and 10.1% in men).
Sofala has a higher rate (16.3%) than other affected districts [(DHS, 2015). Furthermore,](https://www.dhsprogram.com/pubs/pdf/AIS12/AIS12_SP.pdf) women and girls are particularly affected by the epidemic because they usually lack the
[power to refuse unsafe sex, choose their partners or influence sexual behavior (ODI 2014).](https://www.odi.org/sites/odi.org.uk/files/odi-assets/publications-opinion-files/9073.pdf)

**Sexual and Reproductive Health:** According to the latest estimation, about 438,000
women affected by the cyclone are of reproductive age (15-49). Among those, 64,000 women are estimated to be pregnant and more than 37,000 women in affected areas are estimated to give birth in the next three months. Among those giving birth, up to 9,600 may be at risk of complications during their pregnancy in the next three months.
They will they will need access to functioning health facilities and care (UNFPA, 4/2019).

**Shelter:** According to the Demographic Health Survey some 28% of people in Sofala did
not have electricity. A further 28.9% of people lived in a cement house, 36.9% in an earthen mud-house [(DHS, 2015).](https://www.dhsprogram.com/pubs/pdf/AIS12/AIS12_SP.pdf) According to the latest DTM there are currently over 13,600 people hosted in 24
[displacement sites in Beira (DTM R2, 4/2019). This includes five planned sites, the remainder](https://displacement.iom.int/reports/moçambique-—-ciclone-tropical-idai-inquérito-dos-locais-de-deslocamento-beira-dondo-e) are temporary transit sites including schools and public buildings. Site plans of the five accommodation centers suggest that currently up to 5–6 families are sharing one tent,
[and averagely 12m2 space is available per person (calculated based on CCCM site plans](https://www.humanitarianresponse.info/en/operations/mozambique/infographic/temporary-relocation-sites-layout) and
[DTM Round 2, 4/2019). The SPHERE standards prescribe a minimum of 30m2 for camp-like](https://displacement.iom.int/reports/moçambique-—-ciclone-tropical-idai-inquérito-dos-locais-de-deslocamento-beira-dondo-e) settlements. Overcrowding and inadequate privacy for women and girls are observed, which is a risk to GBV.
While the site plans are designed to follow minimum standards and provide suitable living conditions, many elements have contributed to increased vulnerabilities and overstretched capacity on site: ad-hoc relocation plans, lack of sensitization among surrounding communities, lack of communication to the population, and a lack of systematic allocation of tents (Protection Monitoring, 4/2019). It is also reported that more than half of the sites do not have adequate lighting in any common place; which is considered a major risk to GBV and can hamper the freedom of movement of women and girls [(DTM](https://displacement.iom.int/reports/moçambique-—-ciclone-tropical-idai-inquérito-dos-locais-de-deslocamento-beira-dondo-e)
[R2, 4/2019). The MRA in Dondo district shows that in more than half surveyed locations,](https://displacement.iom.int/reports/moçambique-—-ciclone-tropical-idai-inquérito-dos-locais-de-deslocamento-beira-dondo-e) people have been sleeping in open areas. In Buzi all but one location there were surveyed families who reported they were sleeping outside (MRA, 4/2019). Sleeping out in the open is unsafe and can increase the risk of GBV to women and girls.

**Documentation:** The affected population have lost most or all of their documents during
the cyclone. This include identity documentation and other vital certificates. An estimated 19% of people in Sofala already did not have birth certificates or registration in 2015
[(DHS 2015). The lack of mechanisms to facilitate attainment of these documents is likely to](https://dhsprogram.com/pubs/pdf/AIS12/AIS12.pdf) hinder access to services, including enrolment in schools and engagement in some livelihood activities (Protection cluster, 4/2019). A lack of basic needs, or possibility to engage in livelihood activities, will lead to faster depletion of coping mechanisms of the affected population. This means that negative coping mechanisms including those that pose a higher risk to GBV will be adopted faster. A lack of engagement in school for children also increases the risk of child labor and exploitation.

**Eviction** : Assessments in the displacement sites suggested that 11 (3 in Nhamatanga
[district and 8 in Beira district) out of 41 sites reported there is an eviction threat (DTM R2,](https://displacement.iom.int/reports/moçambique-—-ciclone-tropical-idai-inquérito-dos-locais-de-deslocamento-beira-dondo-e)
[4/2019). However the answer is perception-based and it is likely to indicate the lack of](https://displacement.iom.int/reports/moçambique-—-ciclone-tropical-idai-inquérito-dos-locais-de-deslocamento-beira-dondo-e) communication and sensitization to the displaced population. In multiple reports the importance for communities to get timely and clear information on relocation processes is emphasized (Protection cluster, 4/2019).

**Child Protection:** Over 28% of households in Mozambique have adopted children [(DHS](https://dhsprogram.com/pubs/pdf/AIS12/AIS12.pdf)
[2015).](https://dhsprogram.com/pubs/pdf/AIS12/AIS12.pdf) Almost 50% of young Mozambican women aged 20-24 years were married
[before the age of 18, while 14% were married before the age of 15 (CARE, 3/2019).](https://reliefweb.int/sites/reliefweb.int/files/resources/Regional-RGA-Cyclone-Idai-29032019.pdf) According to MRA in Dondo, among children under 14 years old, a total of 22.3% were orphan by father (13.2%), by mother (6%) or both parents (3%). The assessment further showed that in six affected districts, helping out the family by doing chores and other work are among the main reason children (both boys and girls) are not attending schools.
In about 10% of locations assessed, communities reported that they have noticed there are children disappearing (or being trafficked). In almost 40% of assessed locations communities reported having come across children who are forced to work to provide 5

Demographic Health Survey
CCCM site plans

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Input:
## Secondary Data Review
# GENDER-BASED VIOLENCE – Mozambique: Cyclone Idai and Floods

APRIL 2019 food and other goods (MRA, 4/2019). Being out of school and engagement in other livelihood activities increase the exposure to GBV risks.

#### GBV PROTECTION NEEDS

Affected population, displaced population and estimated affected women at reproductive age who could be at risk of GBV in all affected provinces Affected districts in Sofala Province – affected, displace population and estimated women at reproductive age

**Affected District**

Affected Population (INGC Ponto de Situacao, 10 April) Total Displaced Population (INGC Novo Centro Update, 4 April) Estimated affected women at Affected reproductive age (15 – 49)

**Affected** Population Total Displaced (*Calculated based on two
**Province** (INGC Ponto de Population sources: Affected

Situacao, 10 (INGC Novo Centro population[INGC] * % of April) Update, 4 April) women at reproductive age

[2017 census]) Zambezia 6,035 5,235 1,417

**Affected**
**Province**

Affected Population (INGC Ponto de Situacao, 10 April) Total Displaced Population (INGC Novo Centro Update, 4 April) Tete 54,721 2,655 12,021 Manica 262,890 13,115 60,040 Sofala 1,190,594 120,995 288,480 Inhambane 422 - 103

**Grant Total** **1,514,662** **142,000** **362,061**

*Note on different data sources:
1. According to the latest DTM (round 2, 10 April) assessments in 41 displacement sites, there are
a total 13,616 people who are displaced in 24 sites in Beira. The table above uses the INGC source for a more complete presentation of the displaced population across whole Safala province.
However the INGC displacement data is dated 4 April for all provinces.

2. The number of estimated women at reproductive age (WRA) is based on a calculation of the affected population [INGC] * % of WRA [2017 census]. The total number is different than the UNFPA estimated figures in above paragraph, because the methodology of calculation and sources are different (INGC figures are not used in the latter calculation).

Gorongoza 28,460 550 6,338 Marínguè 26,900 6,085 Caia 12,040 2,751 Cheringoma 7,060 490 1,544 Chibabava 3,975 4,134 1,008 Machanga 2,335 552 Chemba 330 74

**TOTAL** **1,190,594** **120,995** **288,480**

**Gender based violence:** The post disaster multi-sectoral assessment (MRA) in Dondo and
Buzi districts reported that families are resorting to negative coping strategies to meet their most basic needs and risks of GBV was reported (MRA, 4/2019). There were also cases of sexual exploitation and abuse by people in positions of power in the community and village chiefs when assigning relief items. This entailed forcing women and girls into
[sex in exchange for food and other relief items (Jornal de Noticias, 4/2019).](https://observador.pt/2019/04/14/mocambique-mulheres-forcadas-a-ter-sexo-em-troca-de-ajuda-humanitaria/) 6 Estimated affected women at Affected reproductive age (15 – 49) Population Total Displaced (*Calculated based on two

**Affected District** (INGC Ponto de Population sources: Affected population

Situacao, 10 (INGC Novo Centro

[INGC] * % of women at April) Update, 4 April) reproductive age [2017 census]) Beira 436,640 15,393 114,073 Nhamatanda 273,676 56,342 61,766 Dondo 166,511 19,737 39,880 Búzi 154,332 16,714 37,196 Marromeu 41,810 9,344 Muanza 36,525 7,635 7,869

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Input:
## Secondary Data Review
# GENDER-BASED VIOLENCE – Mozambique: Cyclone Idai and Floods

APRIL 2019 In times of disaster the prevalence of GBV increases and new forms of violence emerge.
Rape, trafficking, early marriage and other forms of violence against women tend to
[increase in times of conflict and natural disasters (CARE, 3/2019). GBV happens everywhere](https://reliefweb.int/sites/reliefweb.int/files/resources/Regional-RGA-Cyclone-Idai-29032019.pdf) in all contexts and is recognized as one of the most pervasive yet most under-reported forms of violence in the world. Any GBV prevalence data needs to be treated with extreme caution. Field visits to district hospitals suggest that the functional hospitals have received less cases in comparison to the pre-crisis situation, which can be an indication of increased challenges in access to services or increased reporting barriers for the affected population.

Stressed living conditions and tensions in communal living spaces expose people to a higher risk of GBV as people live in crowded and less safe environments. Economic hardship and loss of livelihood are likely to trigger negative coping strategies, like early and forced marriage, in the need to engage in survival sex or sex work for food and money etc.

Prior to the cyclone, women and girls already faced GBV protection needs: According to the latest Demographic Health Survey [(2015),](https://dhsprogram.com/pubs/pdf/AIS12/AIS12.pdf) 24% of women aged 18 – 49 are estimated to have suffered physical violence since the age of 15. A further 6% of women aged 18–49 are estimated to have experienced sexual violence. 12% of women report having been forced to have sex in their lives. Those who experience physical violence _only_ are more likely to seek help than those who only experience sexual violence. Among those who are survivors of physical violence within the marriage, an estimated 13% suffered from eye injuries, burns, or sprains. A further 23% is estimated to have suffered sexual violence as well [(DHS 2015).](https://dhsprogram.com/pubs/pdf/AIS12/AIS12.pdf) In Sofala, 6.5% of women aged 15–49 thought it was acceptable for a husband to beat his wife. [1] When posed the same question, 13% of men in Sofala thought it was acceptable to beat their wife. In particular, arguing and refusing to have sex were seen
[as legitimate reasons to beat a wife (DHS 2015). Within this environment, keeping silent is](https://dhsprogram.com/pubs/pdf/AIS12/AIS12.pdf) the most adopted way for women to cope and is considered to increase their individual
[chance to survive (Slegh, 2009).](http://medanthrotheory.org/site/assets/files/3123/slegh.pdf) 1 Thought it was acceptable for a husband to beat his wife in one or more of the following instances: burning food, arguing with husband, leaving the house without informing the husband, not taking care of the children, when hitting the children.

The challenges of survivors to seek help include but are not limited to access constraints to service providers, fear of stigmatization, and ostracization. With limited presence of district level services, most GBV cases are settled through traditional courts by community committees. It is critical to take into account the power dynamics of the households in any community engagement and programme design, survivors are not serviced properly when
[they need to risk their family’s protection in order to stand up for their rights (Slegh, 2009).](http://medanthrotheory.org/site/assets/files/3123/slegh.pdf)

#### INFORMATION GAPS AND NEEDS

- Critical demographic data disaggregated by sex and age remains a gap for
most vulnerable population groups, e.g. female headed households.

- More complete data on damage and impact is still to be obtained with
improvement of humanitarian access.

- More granular level information needed at community level on GBV protection
needs

- Assessment/survey data using different data collection methods that are not
limited to key informants are needed. Surveys, FGD with women groups, community committee are recommended.

#### LESSONS LEARNED

- Adolescent girls are often at high risk of GBV, yet not always specifically
targeted for provision of reproductive healthcare. Specific attention should be paid to adolescent girls who often do not access healthcare due to their age,
[lack of decision-making power, and limited access to care (UNFPA GBViE Minimum](https://www.unfpa.org/sites/default/files/pub-pdf/GBVIE.Minimum.Standards.Publication.FINAL_.ENG_.pdf)
[Standards 2015)](https://www.unfpa.org/sites/default/files/pub-pdf/GBVIE.Minimum.Standards.Publication.FINAL_.ENG_.pdf)

- The GBV prevalence rate in Sofala province is high. Strong evidence exists
regarding the risks GBV poses for HIV, specifically among women, and numerous studies have highlighted the benefits of tackling GBV and HIV as twin epidemics [(WHO, 2004). GBV integration into HIV prevention programmes that](https://www.who.int/hac/techguidance/pht/InfoBulletinIntimatePartnerViolenceFinal.pdf) address social and cultural norms that support inequalities in the family, 7

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Input:
## Secondary Data Review
# GENDER-BASED VIOLENCE – Mozambique: Cyclone Idai and Floods

APRIL 2019 community and institutions [(FHI360, 2015)](https://www.fhi360.org/sites/default/files/media/documents/resource-spt-cap-mozambique-gbv-integration.pdf) should be included as a response strategy in the medium and long term.

- With the onset of the drought in Mozambique (2016), many families have used
child marriage as a coping mechanism to raise income (through dowry) or to reduce the number of dependents per household [(CARE, 3/2019).](https://reliefweb.int/sites/reliefweb.int/files/resources/Regional-RGA-Cyclone-Idai-29032019.pdf) Girls are at increased risk of GBV as they are married off for dowry. As described above, many families have lost documentation as a result of the cyclone and subsequent floods. This makes it more difficult for children to attend school. In addition, many communities observed children who had to work. Being out of school exposes children to higher risks of GBV and may also contribute to more child marriage.

#### LIMITATIONS

- Prevalence of GBV or number of GBV cases reported are never an indication
of needs or risks. Numbers should be interpreted in close reference to the context and it should be considered that GBV is underreported in most contexts.

8

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Input:
## Secondary Data Review
# GENDER-BASED VIOLENCE – Mozambique: Cyclone Idai and Floods

APRIL 2019

#### Response Capacity

The response capacity to protection needs of women and girls are threefold in the aftermath of the emergency: government institutions which provide specialized health care, psychosocial support, social care, legal and judicial assistance; community-based organization, who work closely with relevant line ministries, and perform communitybased case management and referral for vulnerable people in need; humanitarian partners (UN, INGOs etc.) who are providing support to disaster-affected population.

Humanitarian partners

- Currently provide limited and scattered services on prevention and
mainstreaming, not response.

- Service provision is concentrated in Beira cities and evolved around
accommodation centers/displace sites, non-specialized psychosocial support, psychosocial first aid is the most common service provided in and near sites.

- Community engagement through NFI distribution (dignity kits) is the main
intervention for risk mitigation and has highest number of locations and beneficiaries reached, even still very limited in terms of quantity.

- Efforts are made towards strengthening and reinforcing the government-led
integrated GBV services, including bringing government social workers to major sites for referral and case management.

- There is a need to provide more psychosocial support, more training on
psychosocial first aid for community activities/volunteers and more specialized capacity in providing psychosocial intervention.

- With the unfold of the crisis and scale up of humanitarian response, more than
180 organizations and agencies are providing humanitarian assistance. More constant GBV mainstreaming and risk mitigation through all cluster response and humanitarian partners is required, especially when carrying out distributions, through site planning and programme designs.

- Many humanitarian agencies’ operations are time-bound and are subjected to
funding status, which poses challenges on continuity and consistency. More capacity building of government counterparts and community-based organizations are needed for more sustainable and long term recovery.

Government Response Source: [MGCAS, Mecanismo Muntisectorial de Atendimento a Mulher Vitima de Violencia, 2012](http://www.wlsa.org.mz/wp-content/uploads/2014/11/MecanismoMultisectorial.pdf) Community based organizations

- Based in communities, with networks of trained community volunteers /activists
for referral and case follow-up

- Depends on which line ministry CBOs are working with, some has focuses on
SRH, some on GBV and others provide integrated services i.e. nutrition services, health, legal counselling.

- These CBOs train and maintain the activists network covering whole Safala
province, however the resources are limited, some have chosen to focus on building capacity of government counterpart (health staff etc.) 9

- The Multisectoral Mechanism for Integrated Assistance to Women Victims of
Violence in 2012 outlines the three pillars of services/points of entry for integrated GBV response: specialized health services, social action and police.
The system also encompasses further legal assistance if required by the victim/survivor.

- Within this integrated mechanism, the victim/survivor can seek help by
contacting either of these services. Regardless of the service point of entry (health, social action or police), the respective service provider must ensure the victim/survivor/vulnerable individuals is referred to all other pillars of the service provision.

_Specialized health_ _service provider_ _National level_ Ministry of Health (MoH) _Social Action, GBV_ _service provider_ Ministry of Gender, Children and Social Action (MGCAS) _Police_ Ministry of Interior _Provincial level_ DPS Serviços de Urgência nas Unidades Sanitárias; _Provincial level_ DPS DPGCAS Police Serviços de Centro de Gabinete de Urgência nas Atendimento Atendimento à Unidades Integrado (CAI) Mulher e Criança Sanitárias; (GAMC) _District level_ DDS DMCAS Police GAMC _Community level_ Health posts, Community clinics committees, CBOs DPGCAS Centro de Atendimento Integrado (CAI) Community committees, CBOs

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Input:
## Secondary Data Review
# GENDER-BASED VIOLENCE – Mozambique: Cyclone Idai and Floods

APRIL 2019

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Input:
# **NEW ISSUES IN REFUGEE RESEARCH**

**Research Paper No. 127**

# **Land conflicts and their impact on refugee women’s** **livelihoods in southwestern Uganda**

**Kalyango Ronald Sebba**

Department of Women and Gender Studies Makerere University Uganda E-mail kalyango@infocom.co.ug July 2006

**Policy Development and Evaluation Service**

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**Policy Development and Evaluation Service**
**United Nations High Commissioner for Refugees**
**CP 2500, 1211 Geneva 2**
**Switzerland**

**E-mail: hqep00@unhcr.org**
**Web Site: www.unhcr.org**

These papers provide a means for UNHCR staff, consultants, interns and associates, as well as external researchers, to publish the preliminary results of their research on refugee-related issues. The papers do not represent the official views of UNHCR. They are also available online under ‘publications’ at <www.unhcr.org>.

ISSN 1020-7473

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Input:
**Introduction**

This paper presents the preliminary findings of a study on land conflicts between refugees and host communities in southwestern Uganda and their impact on refugee women’s livelihoods. Uganda has a long history of hosting refugees that dates back to the 1940s, when it hosted Polish refugees; Rwandese and Sudanese in the 1950s (Holborn 1975:1213-1225). Refugees were placed in gazetted areas in close proximity to the local populations such as in the settlements of Nakivale, Oruchinga, Kyaka 1 and II in Southwestern Uganda; Rhino Camp, Imvepi and Ikafe in the West Nile region; Achol Pii, Parolinya and Adjumani settlements in Northern Uganda; and Kiryandongo and Kyangwali settlements in Central Uganda.

On the whole, placement in rural settlements was based on an assumption that the refugee problem was temporal and would end as soon as the circumstances that led to their flight had ceased (Pincwya, 1998:8-25). However, this has not been the case and the government was not prepared for a protracted refugee situation exacerbated by an increase in the population of both refugees and nationals.

Land conflicts between refugees and nationals are a result of government policy of settling refugees in gazetted areas (Kalyango & Kirk, 2002). Placement in rural settlements is based on the assumption that majority of refugees are of a rural background and can support themselves through agriculture until their repatriation (Kibreab, 1989; UNHCR, 2000, Jacobsen, 2001). Host populations first welcomed refugees as those in need of protection and also as would-be beneficiaries of infrastructure to be left behind on their repatriation (Harrell-Bond, 1986; 2002).

However, as the refugee situation became protracted, hospitality gave way to a competition for resources such as agricultural and grazing land, water and forest resources (Pirouet, 1988; Bagenda et al, 2002; Jones, 2002). This has not been helped by persistent refugee flows from Rwanda and the Democratic Republic of Congo, Kenya, Somalia, Burundi and Ethiopia resulting in increased xenophobia against refugees and a call for them to repatriate.

Land is central to the sustainable livelihoods of rural households. For them it is not just land per se but arable and grazing land on which they depend for their livelihood.
As a result, any conflict over land impacts the households directly, and this impact is gender differentiated (Verma, 2001:3-4). The impact of land conflicts on refugee women’s livelihoods has to be situated in the larger context of land problems in Sub Saharan Africa.

These include but are not limited to growing land concentration and scarcity; competition over land use and environmental and land degradation. Other problems include corruption in land markets, indeterminate boundaries of customarily held lands, a weak land administration system, and a lack of equity in land systems (Tshikaka, 2004). Women’s interests in land were eroded by colonial policies and agrarian change that never addressed the core issues of gendered accessibility and equity. For instance, processes of differentiation and individualisation of land rights and land shortages have resulted in the concentration of land rights in men (Tshikaka, 2004; Verma, 2001).

1

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Input:
**Research focus and aims**

Gender inequalities persist in refugee situations and limit the extent to which women and girls can attain sustainable livelihoods. According to the World Bank (2003), gender inequalities tend to lower productivity and intensify unequal distribution of resources. They also contribute to non-monetary aspects of poverty, such as lack of security, opportunity and empowerment, which lower the quality of life for both men and women (Ibid.; Tinker 1990). Whereas refugee women and girls face the brunt of these factors, protection and assistance has largely focused on men. This resonates through almost all refugee policies and practices, which focus on men as household heads (Kalyango, forthcoming).

Refugee women have complained against the status quo because it discriminates them in asylum claims, acquisition of identity documents and food ration cards, limits their freedom of movement and makes them dependent on men (UNHCR 2001). Despite several attempts to address this anomaly, such as in the Convention for the Elimination of All forms of Discrimination Against Women (CEDAW) and in the UNHCR guidelines for refugee women and for Sex and Gender Based Violence, wide gender disparities between women and men in refugee situations remain common (UNHCR, 2000; 2003; UNIFEM, 2003; ).

The overall objective of the study was to establish the gendered impact of land conflicts on livelihoods of refugee women. Specifically, the paper takes a special focus on the gender dimensions of the land conflicts and their impact on household livelihoods. Gender is construed to refer to the socially constructed differences between men and women. Differences are embedded in social relations and therefore differ between cultures; they are constituted through and also help to constitute the exercise of other forms of social difference such as those of age, race or class (Kabeer, 1994).

In identifying the gender impacts of the land conflicts, analysis was based on the concepts of identity and agency. Identity concerns the social process whereby individuals come to identify themselves with a particular configuration of social roles and relationships and agency describes the strategies used by individuals to create a viable and satisfying life for themselves in the context of or in spite of these identities (El Bushra, 2000). These concepts, as El-Bushra (Ibid.) noted, enable an understanding of the nature of violent conflicts and also an interrogation of the motivations of different actors in a conflict.

**Area of study**

The study was carried out in southwestern Uganda, Nakivale refugee settlement established in the early 1960s to cater for Rwandese refugees fleeing a bitter Tutsi/Hutu ethnic conflict in 1959. It spreads over 21,756 hectares and is located in a semi arid zone with limited arable land. The main economic activity is animal rearing and agriculture by both refugees and host populations. Nakivale is found in one of the remotest areas of Mbarara district with poor transport and social infrastructure which make it not easily accessible.

2

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Today, the settlement is home to over 15,000 refugees of different nationalities (see table 1) and administered by a camp commandant under the government ministry of Disaster Preparedness and Refugees. UNHCR through its implementing partner the Uganda Red Cross provides humanitarian assistance to the refugees. Unlike the host population, refugees have access to adequate social services provided by UNHCR.
This in itself has been a cause of xenophobia against refugees who are seen as more privileged by the local population.

**Table 1:** **Nakivale refugee population at 30 September 2004**

**Age Group** 0-4 5-17 18-59 60 **Total**
**Nationality** M F M F M F M F
Rwandan 2596 2347 2009 1796 1967 1814 57 49 12,635 Kenyan 0 0 0 1 1 1 0 0 3 Somali 70 65 137 138 230 233 8 3 884 Ethiopian 4 4 7 5 38 15 0 0 73 Congolese 188 201 199 203 238 229 17 19 1,294 Burundi 39 36 59 41 88 63 0 0 326 Sudanese 6 6 15 25 19 18 0 0 89
**Total** 2903 2659 2426 2209 2581 2373 82 71 15,304

_Source: Camp commandant’s office, Nakivale_ Ever since its establishment, the settlement has been a centre of controversy as regards its size and original boundaries. Located in central Ankole [1], it has been prone to encroachment by the populace who saw it as an area for expansion of their grazing activities. Encroachment was of two types: extension of national land holdings into gazetted land and land loans given to nationals by refugees. This was also precipitated by the fact that there was a shrink in land availability for settlement and grazing in surrounding areas especially after gazetting of Lake Mburo National Park in 1983 and out migration from neighbouring districts of Bushenyi and Ntugamo.

Land conflicts are fuelled by the fact that large expanses of settlement land are unutilised land since the refugee population is small. This has resulted in a limitation on expansion of refugee agricultural activities especially women in other parts of the settlements; limited access to natural resources such as fuel wood and water and grazing land.

**Land conflicts between refugees and host populations**

Generally, it is vital to place refugee - host population conflict over land in the context of Uganda’s land tenure system. Land tenure is the mode of land holding, together with terms and conditions of occupancy. It is about ‘the bundle of rights’ held and enjoyed in the land resource. The relative degree to which individuals can profit from land resources is influenced by three factors: utilisation, duration of occupancy and relocation rights (Nuwagaba et al, 2002). It is important to note that ambiguities exist in land tenure systems in Uganda as a result of its colonial history. For instance, at independence in 1962, there were three land tenure systems: Mailo tenure, a system that was exclusive to the kingdom of Buganda and traced its origins in the Buganda 1 The people of Ankole are both pastorists and agriculturalists.

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agreement of 1900; Freehold tenure, a system created under the Crown Land Ordinance of 1903; the native freeholds, where the community control over land was woven into a number of land rights (Nuwagaba et al, 2002).

The degree of enjoyment of the land resource has become a point of contention between host populations and refugees. At first, refugees were settled in sparsely populated areas and enjoyed good relations with the host populations (Holborn, 1975:1212). However, population increase and the advent of a cash economy increased the value of land, leading to strained social relations between refugees and nationals (Kasfir, 1988:158). Moreover, refugees are regarded as non-citizens who should not have any rights over land.

Land conflicts between refugees and host population can be attributed to two main factors, that is, exceeding of field or residential boundaries (encroachment) and acquisition by nationals (sometimes in the form of land loans). Land conflicts in the refugee hosting areas are partly attributed to lack of clear refugee settlement boundaries (Mugerwa, 1992; Nuwagaba, 2002; Bagenda, 2003). According to the chairman of the district land board in Mbarara, there are no clear demarcations between refugees’ and host population’s land [2] .

The lack of clarity can be traced to reluctance of the Ankole kingdom [3] to favour permanent settlement of refugees in 1962 when they were first given land to settle (Holborn, 1974:1223). As a result there has been increased encroachment on refugee land by nationals, a practice exacerbated by weak administration systems. For instance, some encroachers have even acquired land tittles on gazetted land, since the procedure of acquiring a land title is very simple and open to abuse. All one needs is to fill out an application form from the district land board and take them to Local Council 1 (LC1) and have a ‘neighbour’ sign for confirmation.

After the District Land Board has confirmed, land is surveyed and a land title issued.
The system has also been exploited by refugees, especially those of the 1959 caseload who have acquired land tittles [4] on settlement land. For instance, there is a case of a Rwandan refugee with a title for seven square kilometres of settlement land.
Interestingly, it was also found out that the camp commandant of Nakivale refugee settlement has had to appear in court on charges of distributing land to refugees in the settlement [5] .

Furthermore, there have also been disagreements between Mbarara district administration officials and the government over land in refugee settlements. Part of the disagreements are because the government has refused nationals to use refugee land. One district official interviewed said that government has not always agreed with the district on matters pertaining to land conflicts in refugee settlement. The findings of the study revealed that in fact, some of the district officials are themselves encroachers on settlement land. Institutional responses are further hindered by migration of nationals from other areas, such as Nyabushozi and Bushenyi, because of land shortages. This migration is caused by anticipation that refugees will repatriate 2 The settlement boundary was determined by ridges that surround it.
3 These were the original owners of the land in Nakivale and Oruchinga before government gazetted the settlement.
4 Under the Ugandan law, refugees are not supposed to own land.
5 Interviews camp commandant Nakivale and Refugee Desk officer Mbarara, October 2004.

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especially to Rwanda and leave vacant land in the settlements. On the other hand, refugees from Rwanda are coming to Uganda because there is land for settlement (Bagenda et al, 2002). In response, government is in the process of resurveying the land and cancelling all land titles acquired on refugee land.

To further analyze the land conflicts, one also needs to understand the land problem in Rwanda. According to Hajabakiga (2004:1-3) Rwanda has a population of 8.1 million and a population density of 308 inhabitants per square kilometre. On a whole, this places pressure on land leading to landlessness. Limited access to land in Rwanda has also had an influence on the repatriation of Rwandese in that they prefer to stay in areas where they have access to land for their own livelihoods. For instance, it is this lack of land in Rwanda that has partly led to secondary refugee movements from Tanzania to Uganda.

Even some of the refugees who had repatriated after the genocide in 1994 returned to Uganda to repossess their land holdings in refugee settlements. When asked about their repatriation, Rwandan refugees indicated that they had no land to return to in Rwanda [6] . Indeed, Hajabakiga (2004) observed that between the 1950s and 1980s many people in Rwanda lost their land rights for politically and ethnically motivated reasons. This, according to her, caused a problem when Rwandese repatriated after 1994 since they had no lands to repossess, and some of them ended up taking up the lands of those who had fled that same year.

Generally, conflicts over land in Nakivale can be perceived as ‘livelihood clashes’ between refugees and nationals, since land is a critical resource for supporting livelihoods (Mugerwa, 1992, Verma, 2001:79). Hence it is important to understand the interplay of various factors that influence access to and utilisation of land by both host communities and refugees. For instance, despite settlement size, each refugee household is given 0.04 hectares (20m x 20m) of land for homestead establishment and 0.15 as agricultural plots. This leaves a large part of the land under–utilized providing room for encroachment by nationals in need of grazing land.

Quite often, animals stray into refugees’ agricultural plots leading to a conflict between refugees and local populations. Usually, conflicts arise when livelihoods are threatened and this threat can be internal (within the households or communities) or external-from outside the households or communities (Mugerwa, 1992:23; Verma, 2001:97). At the centre of land conflicts are questions of ownership, access to and control over natural resources. Land is regarded by locals as belonging to Ugandans with refugees having no rights whatsoever. Regarding their interests in land, locals accuse the government of placing refugees’ above those of the national population [7] .
For refugees, access is determined by legislation, as land is allocated for a settlement.
Paradoxically, settlements are sometimes established in non-agricultural productive areas, limiting livelihood opportunities. Furthermore, the government confines the refugees in the settlement, allowing them only limited freedom of movement.
Refugees have had to devise survival strategies such as spontaneous movement out of settlements with no permission to do so.

6 Fc Group Discussion Kigali zone, Nakivale (July 2004).
7 Refugee Desk Officer, Mbarara October 2004.

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_Women’s livelihood strategies_ According to DFID (2001), a livelihood comprises the capabilities and assets (both material and social resources) and activities required for a means of living. A livelihood is said to be sustainable when it can recover from shocks, stresses and trends and maintain and enhance its capabilities both now and in the future while not undermining the natural resource base for future generations (Ibid).

Access to and control of land to a greater extent determines refugee women’s access to livelihood assets such as physical capital, natural capital, human capital, financial capital and social capital. Unfortunately, as Wengi (1998) points out, access and control are limited by their lack of resource rights. For instance, in most of Sub Saharan Africa, women do not own land and even what they produce on the land, is controlled by the men (World Bank, 2000; Verma, 2001). Paradoxically, women through their labour are the major contributors to household livelihoods especially in refugee situations (Mulumba, 2002).

Women and men negotiate access and maintain control over land as a productive and material resource differently and inequitably within local relations of power (Verma, 2001:79).Land conflicts influence women’s access to resources such as cultivable land, water and firewood. Given their domestic responsibilities, refugee women negotiate access to natural resources such as land for cultivation, firewood and water vital for the survival of their families.

Because of land conflicts and depletion of resources such as trees and arable soils women have been forced to look beyond the settlement for other sources. For instance, interviews with refugee women revealed that they collect firewood and water five to seven kilometres away from the settlement. Travelling such long distances makes them vulnerable to sexual exploitation and gender based violence from both refugees and host populations. The distances also take away their valuable time to engage in income generating activities or to participate in skills training.

It was also established that women do not control proceeds from surplus food sold in the markets nor independently use the surplus from other household income generating activities. As a result, they are dependent on men for their daily needs a fact that greatly disadvantages them. For instance, because of their low income, women are denied access to dispute settling mechanisms in the settlements. For example in the case of land conflicts, Refugee Welfare Committees [8] demand fees before they can settle a dispute.

According to the Refugee Welfare Committee chairman, this is to ‘facilitate’ their work in settling cases in the form of stationary. This requirement has become a hindrance to women who wish to seek assistance and adjudication of their cases.
Further to that, at times, police posts in the settlements also demand money from refugees to address their complaints. For instance in cases where women report cases of sexual and gender based violence (SGBV), the police request ‘fees’ to arrest 8 Refugee Welfare Committees are not facilitated by the government or UNHCR to carry out their day to day activities.

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perpetrators [9] . Since women often lack money to pay such fees, they at times fail to report cases.

Refuge women’s vulnerability is also partly due to men who migrate out of the settlements to seek for work opportunities in urban centres leaving their wives behind to maintain a presence in the settlement. As observed in a study of urban refugees in Kampala (Kalyango, 1999) some refugees have ended up with a dual settlement, that is, some live in urban centres such as Mbarara and Kampala and only return to the settlement when there is food distribution or a census.

The majority of refugee women respond to these hindrances in their attempts to establish a livelihood by building up their social capital. For instance, they respond to the lack of labour in the households as a consequence of the absence of men, by forming groups through which they harness their joint labour. Women for example cooperate in cultivating each other’s gardens as a group. They also participate in community activities such as women’s groups, or as volunteers with humanitarian agencies operating in the settlement.

Some refugee women work as social workers for the Uganda Red Cross Society or as Community Volunteers for the International Medial Corps (IMC). Social capital is developed through vertical (patron/ client) or horizontal (between individuals with shared interests) networks that increase people’s trust and ability to work together and expand their access to wider institutions (DFID, 2001). Social capital helps to increase women’s productivity, improves their access to income generating activities and facilitates the sharing of knowledge (Ibid.).

Furthermore, some women have devised survival strategies such as the use of sex and marriage to achieve livelihood goals. For instance, they either exchange sex for services they need or engage in outright prostitution. Joseph (not real name), who runs a drug shop in the settlement, revealed that at times women request to exchange sex for drugs in case they have no money.

Another livelihood strategy of women is that of marriage as agency to access livelihood resources. Women seek marriage [10] to either nationals or refugee men. In the absence of role models and evident benefits from formal education, marriage has remained as the only option for many. Girls are married off as early as 16 years to acquire income or dowry and or extra labour for the household. Refugees reported that if a girl reaches puberty then she is ready for marriage as in the case of Esther: Esther lost her husband in 1994 in Rwanda while fleeing the genocide with her under-aged daughter Doris. When she arrived in Nakivale refugee settlement, she got involved with a Rwandan man in order to secure social support and survival. She gave away Doris to another man to marry her. The man was later arrested for defilement which is illegal in Uganda after a marriage ceremony attended by the Refugee Welfare Committee members. Doris’s mother refused to give evidence against her son-in-law arguing that Doris was of age and that the man had been wrongly arrested.

9 The request for fees arises out of the poor facilitation of the police units in the settlements.
10 At times they cohabit with men with no formal marriage ceremonies.

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Early marriages arise out of the communities’ view that women’s place in society is in the home (Obbo, 1990:210). Early marriages however have a negative impact on girls’ access to education and building up their human capital. Human capital represents the skills, knowledge, ability, labour and good health that together enable people to pursue different livelihood strategies and achieve their livelihood objectives (DFID, 2001).

The study concurs with the World Bank (2000:152) which observed that when girls reach adolescence, they are generally expected to spend more time on household activities such as cooking, cleaning, collecting fuel and water and caring for children.
Moreover, quite often men marry young girls not for companionship but as extra labourers in households.

Such attitudes have partly led to high school drop out rate for girls in higher classes (secondary school level) despite high enrolment rates in lower classes (primary school level). Education policies have emphasised the enrolment of girls in both primary and secondary school and not their retention in school. Whereas girls are encouraged to attend school, nothing much has been done to provide an enabling environment for their retention in school. According to the Government of Uganda’s Development Assistance for Refugees (DAR) policy, refugees need more education facilities to ensure that children are able to access primary education (GoU, 2004:12).

A closer look at the government strategy shows that it does not address the quality of education and the retention of the girl child in school. For instance, in one of the secondary schools in the settlement, of the 300 students, 200 are boys and 100 are girls. The head teacher said that girls have a high drop out rate because of early marriages, pregnancy and neglect of parents. Mulumba (1998:35-40) noted that there is little motivation to educate daughters and further observed that in the refugee settlements, it is not uncommon for girls as young as 13 and 14 years to marry.

A limited number of women are involved in the informal sector within the settlement instead of only relying on land resources. Some women operate kiosks that sell basic necessities such as sugar, salt, paraffin; others provide services operating hair saloons and restaurants. This concurs with research by Deepa Narayan (2000:45), who observed that poor people try to diversify their sources of income and food by carrying out different income generating activities.

Despite their hard work, it was found that women rarely participate in decisionmaking processes at both the household and community level. This is a result of cultural expectations that perceive women as belonging to the ‘home’ (Tinker, 1990:17) and their preoccupation in care activities that limit their time to actively participate in decision-making.

Refugee women with some form of formal education seek employment in the settlements, although the opportunities are limited. A few semi-skilled women are employed as social workers, community volunteers, teachers or midwives in the health units. In all these activities, they earn incentives that are not commensurate to the work they do, as according to the government of Uganda, refugees are not 8

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supposed to work. Hence, humanitarian agencies cannot sign a contract with them, give them terms of reference and pay them a salary [11] .

Another livelihood strategy is that of engaging in Functional Adult Literacy (FAL) programs. The majority of the refugees who attend these classes seek to learn English in order to improve their (economic and social) integration into the Ugandan community.

It is also a strategy of those who hope to be resettled in other countries such as the United States of America, Australia and Canada. Enrolment in English language classes reveals that refugee women have a long-term view of their livelihood beyond the parameters of their households and domestic work. Whereas they thus search for opportunities that can get them and their families out of poverty, at the same time it is important to realize that they are constrained by having to juggle their studying with care and livelihood activities in the households.

**Conclusion**

In all, conflicts over land between refugees and host populations have had negative impact on the way refugee women access livelihood goals. Land, for the majority of refugee women is central to their survival. In order to overcome the predicaments of land conflicts and inequitable access to resources, refugee women have devised other livelihood strategies to ensure their survival and that of their children. For instance marriage, Functional Adult Literacy and building up of their social capital are seen as agency in this regard.

The extent to which refugee women can attain livelihood goals is however limited by restrictions on their freedom of movement. As a result, refugees fail to fully utilize livelihood opportunities even when they sneak out of the settlement. Ideally, for a way forward, refugees should be given an opportunity to build their livelihoods outside the framework of the settlement approach which is prone to conflicts with the local population and greatly limits achievement of sustainable livelihoods.

11 Interview with program officer, Uganda Red Cross October 2004 9

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REFERENCES Bagenda E, Naggaga A and Smith E (2003), Land problems in Nakivale refugee settlement and implications for refugee protection in Uganda, Refugee Law Project working paper No. 8, Makerere University, Kampala Uganda.

Crisp Jeff (2002) ‘No solution in sight: the problem of protracted refugee situations in Africa,’ paper prepared for a symposium on the multidimensionality of displacement in Africa, Kyoto Japan.

DFID (2001), Sustainable livelihoods guidance sheets, London, United Kingdom.

Harrell-Bond, B (1986), Imposing aid: Emergency assistance to refugees New York: Oxford University press.

Hajabakiga Patricia (November, 2004), “Addressing land issues in post conflict settings: the case of Rwanda”, paper presented at a conference on a theme Land in Africa: market asset or secure livelihood, London.

Harrell-Bond, B (2002) ‘Towards the economic and social ‘integration’ of refugee populations in host countries in Africa’, paper presented at an International conference on protracted refugee situations in Africa, Entebbe Uganda.

Holborn W. Louise (1975) Refugees a problem of our time: the work of the United Nations High Commissioner for Refugees, 1951-1972, Vol. II Metuchen N.J: The Scarecrow Press, Inc pp 1213-1258 Jacobsen, K (2001) ‘The forgotten solution: local integration for refugees in developing countries’, New issues in refugee research, working paper no. 45, UNHCR, Geneva Johns Richard (2003), Participatory Poverty Assessment of Nakivale and Oruchinga Refugee Camps in Southern Uganda: Livelihood Characteristics, Economic Constraints and Recommendations for Change, UNHCR and the Economic and Social Research Council, UK.

Kabeer Naila (1994) Reversed realities: Gender hierarchies in Development thought, London: Verso.

Kalyango Ronald and Huff Kirk (2002) Refugees in the city: status determination, resettlement and the changing nature of forced migration in Uganda, Refugee Law Project Working paper No. 6, Kampala Uganda.

Kasfir Nelson (1988), ‘Land and peasants in Western Uganda: Bushenyi and Mbarara Districts.’ In Hansen Holger B and Twaddle Michael (Eds.) Uganda Now: between decay and development, London: James Carrey Limited.

Kalyango Ronald (forth coming), Interfaces of care, institutional policies and livelihood strategies of refugee women in Uganda.

Kibreab, G (1989), ‘Local settlements in Africa: a misconceived option?’ Journal of Refugee Studies 2(4):468-490.

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Mugerwa Kisamba W (1992) ‘Rangeland tenure and resource management: an overview of pastoralism in Uganda’, Makerere Institute of Social Research and the Land Tenure Centre, Kampala Uganda pp 1-35 Mulumba Deborah (2002) ‘Refugee economy and livelihood in East Africa, upbl.
Study report, Centre for Refugee Studies Moi University, Eldoret, Kenya.

Nuwagaba (2002) ‘Land tenure and administrative issues in Kampala city and their effect on urban development’, a research report by Makerere University and SIDA, Makerere University, Kampala. pp 26-40 Pincwya Ginyera (1998), Uganda and the problem of refugees, Kampala: Makerere University Press. pp 8-25 Pirouet Louise, (1988) ‘Refugees in and from Uganda in the post independence period.’ In Hansen Holger B and Twaddle Michael (Eds.) Uganda Now: between decay and development, London: James Carrey Limited. pp 158-174 UNHCR (2000) The state of the world refugees Fifty years of Humanitarian Action, New York: Oxford University Press inc. pp 275-287 Tshikaka Dzodzi (November, 2004) “Securing women’s land rights: approaches prospects and challenges,” paper presented at a conference on a theme Land in Africa: market asset or secure livelihood, November.

Verma Ritu (2001) Gender, Land and Livelihoods in East Africa: through farmer’s eyes, Ottawa: International Development Research Centre. pp. 79-114 Wengi Okumu Jennifer (1996), Dispossession and management of common property: Women and inheritance in East Africa, in Gibson C, Banana A, Ntabirweki J (Eds.) Common property resources management in East Africa, Kampala: Makerere Institute of Social Research.

World Bank (2001), Engendering development through gender equality in Rights, Resources, and voice, a World Bank policy research report, New York: Oxford University Press.

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# **UNHCR Monitoring Visit to Manus Island, Papua New Guinea** **11-13 June 2013**

_UNHCR undertook a visit to Manus Island on 11-13 June 2013 to assess progress by_ _Australia and Papua New Guinea (PNG) in implementing their obligations under the_ _1951 Refugee Convention since UNHCR’s January 2013 visit and to review the_ _reception conditions at the Regional Processing Centre (RPC)._

**Summary Findings**

UNHCR acknowledges a number of positive developments since its January visit, including the transfer of children and their families back to Australia, and was also impressed by the obvious sensitivity, dedication and good will of staff and officials on site.

Despite these efforts, conditions remain below international standards for the reception and treatment of asylum-seekers. Physical living conditions remain harsh, in particular for asylum-seekers living in the single adult males’ compound.

While the ongoing development of excursions and activities available to asylumseekers is welcomed, freedom of movement remains extremely limited.

The current PNG policy and practice of detaining all asylum-seekers at the closed Centre, on a mandatory and indefinite basis without an assessment as to the necessity and proportionality of the purpose of such detention in the individual case, and without being brought promptly before a judicial or other independent authority amounts to arbitrary detention that is inconsistent with international human rights law.

Transfer arrangements remain problematic and do not appear to reflect the required procedural safeguards under international law, or under the bilateral agreement between Australia and PNG.

Pre-transfer assessments do not appear to assess the individual needs of children or persons of heightened vulnerability, or the nature of the facilities and services that would be available to them at the RPC.

UNHCR welcomes the commencement of refugee status determination (RSD) processing, but notes the shortcomings in the legal framework, including PNG laws and regulations. UNHCR considers changes to these laws and regulations need to be implemented to ensure that a fair and efficient process, which meets international standards and is accessible to all asylum-seekers in PNG, regardless of their means of arrival, is put in place.

UNHCR also reiterates the need for durable solutions for those found to be refugees or otherwise in need of international protection, within a reasonable time, consistent with both States’ obligations under the 1951 Refugee Convention.

UNHCR Regional Office Tel: +61 2 6281 9104 3 Lyons Place Mob: +61 (0)407 971 686 Lyons ACT 2606 Fax: +61 2 6260 3477 Australia www.unhcr.org.au

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**Recommendations**

**Refugee Status Determination**

**A. The Government of PNG should amend the Migration Act and Regulation**

**governing the RSD of asylum-seekers to:**

**I.** **ensure consistency of the domestic legal framework with the**
**provisions of the 1951 Refugee Convention, in accordance with the**
**detailed comments provided by UNHCR;**
**II.** **set out in detail the asylum processes and procedures in PNG,**
**including to ensure an independent merit review process and to**
**incorporate** **complementary** **protection** **and** **non-refugee**
**statelessness claims to align the procedures with international**
**standards to which Australia and PNG are party; and**
**III.** **ensure that the same regime applies to all asylum-seekers**
**regardless of where they are from or their mode of arrival in PNG.**

**B. The Governments of PNG and Australia should finalize and disseminate**

**as a matter of urgency clear information to asylum-seekers about their**
**legal rights and entitlements, and provide counselling on the procedures**
**which will be followed to assess their claims for refugee status including**
**the legal basis, the decision-making authority and the indicative time**
**frames for these various steps.**

**C. Additional and specific support should be provided to vulnerable**

**persons, including children, to ensure that they are able to fully**
**understand and benefit from the RSD processes and procedures. In the**
**case of unaccompanied or separated children, an independent and**
**qualified guardian as well as a legal adviser should be appointed and**
**claims should be prioritized for early attention.**

**D. The Government of PNG should proceed, as a matter of priority, to**

**implement its pledge to lift the seven reservations to the 1951 Refugee**
**Convention.**

**Reception of Asylum-Seekers**

**E. The need for detention of an asylum-seeker should be based on an**

**assessment in the individual case of risk to public order, public health or**
**national security.**

**F. In the absence of reasonable and proportionate limitations arising from**

**each individual case, asylum-seekers should be provided with freedom of**
**movement as a matter of priority and the Centre on Manus Island should**
**be made an open centre.**

**G. The Government of PNG should establish a legal framework which**

**outlines the permissible bases for detention, which should be consistent**
**with international law and in line with UNHCR’s Detention Guidelines.**
**Such a legal framework would ensure that asylum-seekers be given**
**reasons for their detention in writing and be allowed to challenge the**
**decision to detain, with periodic reviews thereafter to ensure no one is**

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**detained longer than necessary, with express maximum periods for such**
**detention.**

**H. The consideration of alternatives to detention, as well as improvements in**

**the physical living conditions for asylum-seekers on Manus Island, are**
**urgent and should be undertaken as soon as possible.**

**Children**

**I.** **UNHCR recommends that children and their families not be transferred to**
**Manus Island under these arrangements.**

**J. If children are to be transferred, PNG should develop specific legal**

**measures and administrative guidance to ensure that children are treated**
**in full respect of their rights under the Convention on the Rights of the**
**Child.**

**K. In the event that, exceptionally and as a last resort, a child is detained, the**

**safety, security and well-being of that child needs to be assured.**

**L. As a matter of principle, the refugee claims of children and other**

**vulnerable groups should be prioritised for assessment and these should**
**be carried out by suitably qualified officials who are also able to conduct**
**‘best interest determinations’ (BIDs).**

**Mental Health**

**M. Against a background of deteriorating mental health on the part of the**

**asylum-seekers, the recommendations contained in this report should be**
**addressed as a matter of urgency.**

**Oversight and Monitoring**

**N. Australia and PNG should continue to ensure that appropriate**

**independent oversight bodies are able to gain access to asylum-seekers**
**at the Centre on Manus Island.**

**O. Australia and PNG should consider establishing an Advisory Committee**

**to provide advice to the respective Governments on issues arising out of**
**the implementation of the arrangement and be a body to which the**
**Governments might refer issues for guidance and advice.**

**Pre Transfer Assessments**

**P. Pre-transfer assessments conducted in Australia should fully take into**

**account the individualized needs of vulnerable individuals, including**
**children, the elderly, survivors of torture or trauma, disabled persons and**
**persons with specific health needs.**

**Q. Pre-transfer assessments should also contain a realistic assessment of**

**the actual quality of support and capacities of service providers on PNG,**
**within the legal, operational and physical conditions currently prevailing.**

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_**I.**_ _**Introduction**_

1. On 11-13 June, a three-person UNHCR team visited Manus Island. The visit
followed the earlier visit by UNHCR on 15-17 January 2013. [1] 2. UNHCR undertook both visits pursuant to its supervisory role under Article 35 of the 1951 Convention relating to the Status of Refugees and Article II of the 1967 Protocol relating to the Status of Refugees (collectively referred to as ‘the 1951 Refugee Convention’), to which Papua New Guinea (PNG) is a party.

3. The terms of reference were to: assess the extent to which Australia and PNG were implementing their obligations under the 1951 Refugee Convention and other related international obligations; review the reception conditions for asylum-seekers and refugees at the temporary ‘Regional Processing Centre’ (RPC) located at Lombrum Naval Base, Manus Island; and meet with officials, service providers and asylum-seekers to hear any concerns they might have in relation to their situation.

4. During its 11-13 June visit, UNHCR met with senior officials from the Governments of Papua New Guinea (PNG Immigration and Citizenship Services Authority – PNG ICSA) and Australia (Department of Immigration and Citizenship – DIAC), as well as senior staff of the key service providers: G4S (security and logistics); International Health and Medical Services (IHMS) (health and medical services); Salvation Army (case management and welfare); and, Save the Children (education and child welfare).

5. UNHCR also met with the majority of the asylum-seekers resident in the RPC at the time of the visit, all of whom were invited to come to meetings in linguistic groupings. UNHCR inspected the facilities and observed a ‘transferee interview’ undertaken by a PNGICSA official who had received mentoring from experienced DIAC officers to undertake such interviews.

6. UNHCR appreciates the assistance of the PNG Government for facilitating this visit and giving full access to all areas and persons at the Manus Island RPC.
UNHCR also appreciates assistance provided by Australian officials and staff of the service providers, all of whom were helpful in ensuring that UNHCR was able to achieve the objectives of the visit.

7. UNHCR acknowledges the significant efforts being made to ensure the treatment of asylum-seekers, refugees and stateless persons is progressively improved in what continue to be extremely challenging conditions, in a remote and isolated location.

8. At the time of the 11-13 June 2013 visit, there were 302 asylum-seekers at the temporary RPC facility at Lombrum Naval Base. Some 200 of the asylumseekers were single adult males. The breakdown by country of origin for the single adult males was as follows: Vietnamese (59), Afghan (50), Iranian (39), Iraqi (36) and Pakistani (16). The remaining 102 asylum-seekers consist of 1 UNHCR Report on its 15-17 January 2013 visit was published on 4 February 2013 and is available online at: www.unhcr.org.au 4

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family groups, including 26 children. [2] The breakdown of the family groups by country of origin was as follows: Sri Lankan (64), Iranian (32), Iraqi (4), Afghan (1) and Pakistani (1).

9. The team reviewed progress in relation to recommendations made in February 2013, in light of major developments.

_**II.**_ _**Legal framework for transfer arrangements**_ 10. UNHCR maintains its view that the transfer of asylum-seekers from Australia to PNG, as an arrangement agreed by two Convention States, does not extinguish the legal responsibility of the transferring State for the protection of the asylum-seekers affected by the arrangements.

11. UNHCR assessed the current conditions and treatment of transferees against the following standards and agreed principles, which must be guaranteed for each asylum-seeker transferred: (i) be individually assessed as to the appropriateness of the transfer, subject to procedural safeguards, prior to transfer. Pre-transfer assessments are particularly important for vulnerable groups, including unaccompanied and separated children. The best interests of the child must be a primary consideration; (ii) be admitted to the proposed receiving State; (iii) be protected against _refoulement_ ; (iv) have access to fair and efficient procedures for the determination of refugee status and/or other forms of international protection; (v) be treated in accordance with applicable international refugee and human rights law standards, for example, appropriate reception arrangements; access to health, education and basic services; safeguards against arbitrary detention; identification and assistance of persons with specific needs; and (vi) if recognized as being in need of international protection, be able to enjoy asylum and/or access a durable solution within a reasonable time. [ 3] 12. Furthermore, in addition to these standards against which the transfer arrangements are assessed, UNHCR is of the view that, at the time of the visit, the terms of the bilateral Memorandum of Understanding (MOU) relating to the transfer of asylum-seekers had also not been met. These terms included the commitment by PNG to make an assessment, or allow an assessment to be made, of claims for refugee status, and the commitment by both Governments to ensure that relevant human rights standards would be met. [4] 2 As of 11 May 2013, there were 26 children, though, at the time of the visit, UNHCR understands that one child had turned 18, leaving 25 children.

3 UNHCR, _Guidance Note on bilateral and/or multilateral transfer arrangements of asylum-seekers_, May 2013, available at: http://www.refworld.org/docid/51af82794.html 4 Clauses 14, 15, 16 and 18 of the Memorandum of Understanding between the Government of the Independent State of Papua New Guinea and the Government of Australia, relating to the transfer to and assessment of persons in Papua New Guinea, and related issues, signed 8 September 2012.

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_**III.**_ _**Refugee Status Determination**_ _Regulatory framework_ 13. Since January 2013, the Government of PNG has passed Migration (Amendment) Regulation No. 1 of 2013 to provide the Immigration Minister of PNG with guidance in respect of determining refugee status of non-citizens who are transferred to PNG under the MOU between the Governments of PNG and Australia.

14. Several provisions of the Regulation are inconsistent with PNGs commitments under the 1951 Refugee Convention, including that it: (i) reinforces differential treatment of asylum-seekers depending on manner of arrival, which could amount to discrimination; (ii) incorrectly applies the limited exclusion provisions of the 1951 Refugee Convention to ordinary criminal matters more properly dealt with under PNG criminal law, which could lead to wrongful denial of refugee status for certain categories of persons; (iii) incorrectly allows for exclusion on the basis of ‘a demeanour incompatible with a person of good character and standing’ in relation to behaviour carried out at or after arrival in PNG; and (iv) does not provide for adequate procedural safeguards, such as independent merits review of first instance decisions.

15. UNHCR encourages PNG to further amend the law and regulations to cover both complementary protection and non-refugee statelessness claims to align the treatment of transferees more closely to applicable international standards and commitments made by the two Convention States respectively.

16. UNHCR provided the Government of PNG with comments on the new Regulation, which should be further reviewed to reflect PNG’s international obligations.

17. In particular, UNHCR recommends that the Government of PNG develop a legal framework for assessing the international protection needs of all asylumseekers arriving in PNG, by whatever means.

_Capacity building_ 18. The Government of PNG has recruited a number of officials who will undertake refugee status determination (RSD) in PNG, and UNHCR understands that, while these will initially be focusing on assessing the claims for refugee status of those asylum-seekers transferred from Australia to PNG, the intention is that they will also, in the future, undertake RSD for other asylum-seekers arriving in PNG.

19. UNHCR agreed to provide an introductory capacity-building session to officials of the Government of PNG, in keeping with its broader capacity-building activities in the Pacific region, to outline the key elements of the international 6

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protection system. This training was completed in Sydney in the period following the visit, on 24-26 June 2013, and formed part of a broader threeweek training programme being undertaken by the officials.

20. UNHCR understands that, subsequent to the three-week training programme, RSD officers will commence RSD with experienced DIAC officials mentoring them for a period of six months. In parallel, experienced DIAC decision makers will be seconded to the Government of PNG to increase its decision making capacity.

21. UNHCR welcomes these developments to improve capacity, but assesses that it will take a period of at least six months’ before PNG officials are able to undertake RSD with any degree of self-sufficiency and that - even then - some ‘quality oversight’ mechanism could usefully be established, including ongoing mentoring support from the Australian Government.

22. It is also noteworthy that at the time of the capacity-building training, final procedural guidelines were not yet available. Although UNHCR notes that progress on drafting has been made, the final details of the process, including review mechanisms, were still to be finalized and promulgated.

_Progress on Manus Island towards establishing RSD_ 23. During its visit to Manus Island, UNHCR held discussions with the Centre Manager (PNG Government) and the senior DIAC official (Australian Government) about progress towards establishing the RSD process for the asylum-seekers, some of whom have been at the temporary centre since 21 November 2012.

24. A team of Australian lawyers was to arrive on Manus Island to provide asylumseekers with assistance in their refugee claims in the week beginning 24 June 2013. Eligibility interviews were to commence not long afterwards.

25. Initial interviews – described as ‘transferee interviews’ – that are designed to elicit details about the asylum-seekers, their families, the route they took to Australia and some basic information about why they came to Australia have commenced, with only 63 such interviews said to be outstanding at the time of the visit. Initially transfer interviews were undertaken by experienced DIAC officers with PNGICSA officers observing. As at the time of the visit, the interviews were being undertaken independently by PNGICSA officers.

26. UNHCR observed two half interviews (the second half of one, followed by the first half of another). They appear to be very similar in nature to ‘entry interviews’ conducted by the Government of Australia and observed by UNHCR in Australia.

27. UNHCR observed that the interviews were undertaken with professionalism, consistency and attention to detail. The interviews, however, were rigidly directed by use of a detailed template and script, leaving little scope for capture of information relating to individual circumstances of the applicant in his country of origin, or protection problems experienced in transit countries. In some instances, the observer noted that the nature of the interview template forced the interviewer to record information at variance from that being communicated by the applicant. A heavy focus on collection of information relating to routes, 7

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methods and persons involved in irregular migration was evident. In light of this focus, it was of concern that applicants were informed that details may be shared with law enforcement agencies as appropriate, but were not offered access to legal advice or counselling.

28. Asylum-seekers who met with UNHCR continued to express confusion over the processing arrangements that would apply to them in PNG. As during UNHCR’s 15-17 January 2013 visit, many advised that the information they received on arrival about the process was limited and confusing. Many were somewhat reassured by indications that processing would commence imminently, though most expressed severe anxiety and unhappiness about indications they continued to receive from RPC staff that the asylum-seekers were likely to remain on Manus Island anywhere from two to five years. Many expressed a deep sense of injustice about why such a small number of them had been selected for transfer to Manus Island out of the 20,000 or so who had arrived by boat to Australia. This sense of injustice was compounded by the harsh conditions, their likely protracted stay, and uncertainty about their eventual fate.

29. UNHCR understands information fact sheets about the process have been drafted but not yet finalized. UNHCR is keen to see these finalized and deployed, especially in view of the uncertainty and confusion expressed by asylum-seekers.

30. Some asylum-seekers expressed concern that they would be denied refugee status on the basis of having been charged with certain minor offences under PNG law. There are 18 asylum-seekers in this situation, all of whom remain on bail at the RPC, and regarding whom court cases are pending.

31. While UNHCR acknowledges that all asylum-seekers are subject to the laws of the country in which they find themselves, the 1951 Refugee Convention sets out exhaustive bases on which someone may be excluded from refugee status or expelled. The 1951 Refugee Convention does not allow for denial of status on the basis of minor criminal offences and to do so would be disproportionate to the potential harm resulting. Such matters can and should be properly dealt with under the ordinary criminal law of PNG, and not lead to the denial of refugee status.

32. UNHCR received positive indications from officials in PNG, including at the international Ministerial Meeting on 10 December 2011, that it would lift the seven reservations to the 1951 Refugee Convention. However, UNHCR notes that despite the positive pledges made, 18 months has elapsed without any apparent progress in having the reservations lifted.

33. UNHCR welcomes progress made towards the establishment of an RSD system to allow for processing of asylum-seekers transferred from Australia to PNG. UNHCR also appreciates the efforts made by PNG, in cooperation with Australia, to ensure there is sufficient capacity and expertise among officials to process all refugee claims fairly and expeditiously.

34. UNHCR reiterates its concerns that procedural guarantees, including access to fair and efficient RSD procedures, were not in place at the time of transfer, and that a significant period of time has elapsed between arrival of asylum-seekers in PNG and the establishment of an appropriate RSD process. Progress has 8

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been made, but it remains to be seen how and when final RSD decisions will be made and handed down.

35. UNHCR notes that there has been progress on drafting the procedural guidelines which decision makers will be required to follow, and welcomes consultation on these, as well as on the procedures for merit review.

**Recommendations: Refugee Status Determination**

**A. The Government of PNG should amend the Migration Act and Regulation**

**governing the RSD of asylum-seekers to:**

**I.** **ensure consistency of the domestic legal framework with the**
**provisions of the 1951 Refugee Convention, in accordance with the**
**detailed comments provided by UNHCR;**
**II.** **set out in detail the asylum processes and procedures in PNG,**
**including to ensure an independent merit review process and to**
**incorporate** **complementary** **protection** **and** **non-refugee**
**statelessness claims to align the procedures with international**
**standards to which Australia and PNG are party; and**
**III.** **ensure that the same regime applies to all asylum-seekers**
**regardless of where they are from or their mode of arrival in PNG.**

**B. The Governments of PNG and Australia should finalize and disseminate**

**as a matter of urgency clear information to asylum-seekers about their**
**legal rights and entitlements, and provide counselling on the procedures**
**which will be followed to assess their claims for refugee status including**
**the legal basis, the decision-making authority and the indicative time**
**frames for these various steps.**

**C. Additional and specific support should be provided to vulnerable**

**persons, including children, to ensure that they are able to fully**
**understand and benefit from the RSD processes and procedures. In the**
**case of unaccompanied or separated children, an independent and**
**qualified guardian as well as a legal adviser should be appointed and**
**claims should be prioritized for early attention.**

**D. The Government of PNG should proceed, as a matter of priority, to**

**implement its pledge to lift the seven reservations to the 1951 Refugee**
**Convention.**

_**IV.**_ _**Reception conditions**_ _Progress to permanent facility_ 36. At the time of the visit, all asylum-seekers remained at the temporary RPC at Lombrum Naval Base pending the future construction of a permanent facility.
PNGICSA confirmed to UNHCR that a site had been identified for the new permanent RPC, and advised UNHCR that the permanent facility will provide asylum-seekers with better conditions and greater freedom of movement.

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37. This proposed site will be very close to Lorengau (the capital of Manus Island), which could be expected to allow for significantly greater opportunities for interaction with the local population and activities outside the RPC. [5] UNHCR viewed the designated site from the road and noted the site’s close proximity to the Manus Island capital and secondary school.

38. UNHCR understands that the tender process sought a design which would accommodate 600 asylum-seekers in three blocks of 200 each. The design would be ‘family friendly’ with the possibility of conversion in part or in whole to accommodate single adult males.

39. Clearing and surveying the new site has commenced and it was anticipated by DIAC and PNGICSA officials that construction work would commence in July.
Although UNHCR understands there is a rough estimate of seven months to completion of the new RPC, there was no clear time frame for the completion of the permanent facility and associated improvements in the conditions provided to asylum-seekers.

_Progress at temporary facility_ 40. In the six months since UNHCR’s 15-17 January 2013 visit, asylum-seekers have remained at the temporary facility at Lombrum Naval Base.

41. The facility is broadly divided into three sectors: a compound housing single adult males; a compound housing families; and operational, administrative and staff quarters. The single adult males are accommodated in tents, whilst the families are accommodated in demountable ‘dongas’.

42. Although the facility remains essentially unchanged since January, some progress was observed in a number of areas. During the visit, UNHCR was able to observe the playing field in use as a recreational area for volleyball, soccer and other exercise, and a clearer separation between the single adult males and family groups has been created, introducing a narrow ‘no man’s land’ space between the two compounds. Additionally, provision of excursions has increased and connections with local schools allow for some exchanges between local students and asylum-seeker children. Consultative groups with asylum-seekers have been instituted.

43. Nevertheless, UNHCR overall found the living conditions for all asylum-seekers to be harsh, as outlined below. Many of the service providers who spoke with UNHCR agreed with this assessment.

44. The single adult males are accommodated in canvas tents, some with tarpaulins over them to prevent leakage in the often heavy rains. Many of them were in need of repair. The tents are close together; the different ethnic groups are close together; the tents contain between four and six men in each.
The temperature generally on Manus Island is high and inside the tents it is extremely high. All the tents have fans, but they only provide limited relief from the heat.

5 The current, temporary RPC is located over 30 minutes drive from Lorengau, within the Lombrum naval base on Los Negros Island (though generally referred to as part of ‘Manus Island’).

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45. During interviews with UNHCR, many of the single adult men expressed the following concerns about living conditions: (i) cramped conditions and need for more space; (ii) hygiene issues in relation to ablutions block; (iii) heat, especially late afternoon and at night in the tents; (iv) desire for greater space between ethnic groups; (v) the nature of the food being served (in terms of hygiene); and (vi) the desire to be able to do their own cooking 46. The Family Compound houses asylum-seekers in ‘dongas’, similar to shipping containers, which are around three metres by three metres. Each of these is home to either a couple (two persons) or a couple with a child/minor relative (three persons). The dongas in which three persons were housed contain one camp bed and one pair of bunk beds, with limited space to store belongings.

47. For their part, the families expressed many of the same issues (though the actual living conditions are not quite as harsh as those of the ‘tent city’ experienced by the single adult men).

48. In addition, the families were particularly concerned about: (i) the close proximity of the children and young women to the single adult males, who are separated visually and physically by a narrow ‘no man’s land’ and colorbond fences; (ii) children continued to hear angry outbursts, fighting and other frightening sounds from the single adult male compound; (iii) young women felt threatened by the close presence of so many single adult men; and (iv) the proximity of the men was of general concern to the family groups who said they did not feel safe living so close to the large number of single adult males.

_Freedom of movement_ 49. Progress has been slow to achieve greater freedom of movement and access to local schools. The lack of a clear legal framework for freedom of movement is compounded by the remoteness of the location and slow negotiations with the local community.

50. At the time of the visit, all but four asylum-seekers had cleared security and health requirements and were therefore able to take part in organized excursions. The health and quarantine requirements include inoculations, which have posed some issues for the four remaining asylum-seekers, which UNHCR understands are in the process of being resolved.

51. At the time of the visit, two excursions by bus were arranged each day, each of which catered for about thirty asylum-seekers. The asylum-seekers are able to register their interest and thereafter take it in turns to participate in excursions.
Current capacity allowed for approximately two excursions per week per asylum-seeker. Excursions allowed asylum-seekers to alight from the bus in some locations around the island, under close escort, but there was limited scope for specific activities during these excursions on Manus Island.

52. Efforts were being made to introduce more meaningful activities, such as art or cultural awareness-raising activities, and options for allowing asylum-seekers to 11

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