CYIL vol. 10 (2019)

CYIL 10 ȍ2019Ȏ THE TERM “INTERNATIONAL COOPERATION” IN REGARD TO THE ADMISSION … capacities in terms of the state’s capacity to receive a large number of refugees and to meet their basic needs. The focus is therefore on the territory of the host state, responsible for incoming refugees and to which other states and relevant stakeholders should provide assistance, particularly with the situation on its own territory. The Global Compact also focuses on three traditional durable solutions for the refugees’ situation: voluntary repatriation, resettlement and local integration. Voluntary repatriation remains the preferred solution. The country of origin will be provided with assistance of the international community upon its request in order to remove obstacles to return. Resettlement, a very actual issue not only in the European region, is seen in the Compact as a tool for protection of refugees and as a possible solution for their situation. It is a mechanism for burden- and responsibility-sharing, as well as a demonstration of solidarity that enables to reduce the impact that large refugee situations have on host countries. The Compact expressly states that resettlement has traditionally been offered only by a limited number of countries. UNHCR, in cooperation with the states and relevant stakeholders, should devise a three-year strategy (2019–2021) to increase the pool of resettlement places, including countries not already participating in resettlement efforts. All efforts under the Global compact will align with the existing multilateral resettlement programmes. The three-year strategy on resettlement will also include complementary pathways for admission. States will facilitate effective procedures such as family reunification, private or community sponsorship programmes, humanitarian visas, humanitarian corridors, student visas, labour opportunities etc. Consequently, states will seek to support the sharing of good practices and lessons learned. 76 Regarding local integration it is stressed that it is the states’ sovereign decision, in compliance with their treaty obligations. If a state opts for this form of refugee solution, the international community will contribute resources and expertise to assist with the development of a strategic framework for local integration. Cooperation is foreseen, for example, through analysis of economies in refugee hosting areas, or through investments in areas where refugees will settle. 77 Regarding the solution of refugee situations, the Compact is not new and inventive, it states that these are traditional ways to respond to refugee situations. These three types of solution are already a form of cooperation. In particular, the form of resettlement, as already mentioned, is referred to as a tool of burden- and responsibility-sharing and a demonstration of solidarity. This is undoubtedly the case, since the states provide assistance by accepting refugees who originally came to the territory of another state. However, the Compact does not come with specific commitments. This is criticized, for example, by Chimni, who says that the situation will remain essentially unchanged since the proposed mechanism is based on voluntary assistance. 78 Finally, the Compact states that the international community should do everything possible for the achievement of compact’s objectives. This is a task for all states and relevant stakeholders. UNHCR will play a supportive role in accordance with its mandate. The evaluation of the Compact will be primarily conducted through the Global Refugee Forum, large refugee movements […].” In UNHCR, Global compact , ibid, p. 10, para 52. Or “UNHCR, states and relevant stakeholders will contribute resources and expertise to strengthen national capacities for reception, including for the establishments of reception and transit areas […].” In UNHCR, Global compact , ibid, p. 10, para 54. 76 UNHCR, Global compact , ibid, p. 18-19, chap. 3.2.-3.3. 77 UNHCR, Global compact , ibid, p. 19, chap. 3.4. 78 CHIMNI, B.S., Global Compact on Refugees: One Step Forward, Two Steps Back. International Journal of Refugee Law , 2018, vol. 30, issue 4, p. 632 [accessed 15. 3. 2019]. Available at: doi: 10.1093/ijrl/eey067.

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