Annex B:Asylum Module

1. Introduction

The integrated asylum/migration system development process aiming at enhancing the institution/capacity building and legislative reform in the field of migration and asylum will be implemented in 6 phases including needs assessment and the elaboration, approval and implementation of National Plans of Action (NAPs). The evaluation and drawing up of conclusions and recommendations are also part of the process.

The overall aim of this process is to contribute to the on-going establishment of asylum systems in the countries of the region, in line with the 1951 Refugee Convention and its 1967 Protocol on the Status of Refugees and other international and European standards and practices. This process, based on previous experience in the field of asylum system development includes the necessary normative basis, institutional structures and capacities, to ensure that persons requesting protection will have access to the territory and to the asylum procedure. This also includes an emphasis on the implementation of durable solutions for persons in need of international protection.

Another important aim of the process is to bring about co-operation between and within the beneficiary and other participating states. In this manner, the process will also contribute to the approximation of asylum standards and practices in the region with those of other European states.

2.Process Objectives:

The four-year asylum system development process carried out by partnership and recipient countries together with other partner countries/organisations under the auspices of the Steering Committee for Asylum and Migration of Working Table III of the Stability Pact aims to:

• Establish a legislative framework in line with international and European standards and practices,

• Develop and consolidate institutional framework and practitioner skills and competencies,

• Develop fair and efficient procedures for the border regime and access to territory, consistent with international and European protection standards,

• Support rule of law and civil society (promote the concept of asylum and the acceptance of asylum-seekers, refugees and others in need of international protection),

• Achieve institutional development leading to sustainable national asylum systems in terms of human and financial resources.

3.Expected Results

The joint process, which is based on the support and co-operation of interested partners and donors, will bring about progress towards the development of a functioning, self-sustaining asylum system (legislative framework, institutions and qualified practitioners). The ownership of this development will rest with the recipient countries. The developed systems should provide effective protection to refugees and others in need of protection, with the following benchmarks:

• asylum and related legislation in line with international and European protection standards and practices,

• competent border and law enforcement authorities (access to territory and procedure),

• qualified refugee status determination office (first instance),

• qualified independent appeal authority (second instance),

• quality legal aid, psycho-social and medical services by government agencies and NGOs,

• effective integration services (accommodation, education, language training, income generation, etc.) by government agencies and NGOs,

• increased societal acceptance of refugees and others in need of protection,

• appropriate measures for rejected cases.

4.Process

The asylum system development process (Asylum Module) is closely linked with the migration system development process (Migration Module).

In order to address adequately the linkages between migration and asylum mentioned above, both are to be dealt with under a joint, comprehensive strategy.

The process nevertheless, should develop within a regional framework and should facilitate networking and interstate co-operation, in accordance with the objectives of the Stability Pact. To this end, it is proposed to task a Senior Regional Adviser with the responsibility to ensure that standard setting and institutional development will be guided by the objectives . The process includes the following phases:

1. Planning, approval of, and commitment to the process by the parties

2. National Action Plans (NAPs)

3. Implementation of NAPs

4. Mid-term Review

5. Implementation – continued

6. Final evaluation

The six phases leading to the development of systematic and efficient asylum and migration systems in the Western Balkans are described further below. Given that the state of development in the migration and asylum field differs significantly from country to country, the process suggested will be carried out for each country individually.

There are, however, horizontal elements integrated in the process, such as the opening and closing sessions and the mid-term meetings. In addition, certain activities such as workshops and study visits might be carried out for more than one country, provided such a need was identified. Based on the state of affairs, it is envisaged that some countries will move through the process faster than others. Subsequently, the duration of the phase will differ form country to country. This underlines once more that the support structure has to be flexible and dynamic in order to really drive the process.

As mentioned earlier in the main document text, the partnership countries, together with the recipient countries and the international organisations with relevant subject experience will form country teams. The country teams, under the leadership of the partnership countries will be responsible for the assessment, planning, implementation and evaluation of the different process activities.

The process will be implemented according to the phases outlined below. As mentioned, the parallel running of consultative processes support the development of an orderly asylum system. The work of these consultative processes should feed into the process of developing and implementing NAPs and related projects.

The process should develop within a regional framework and should facilitate networking and interstate co-operation, in accordance with the objectives of the Stability Pact. The Steering Committee will as earlier mentioned provide overall political guidance to the process and ensure that it is implemented accordingly and consistent with the overall objectives of the Pact.

Phase 1: Planning, approval of, and commitment to the process by the parties

The first phase is broken down in seven basic steps.

Step 1: Planning of the overall process

Step2: Approval and commitment to the process by all partners through the Steering Committee

Step 3: Identification of experts, partners and resources

Step 4: Establishment of support structures (Support Unit)

Step 5: Preparatory Work between partners and beneficiaries

Step 6: Formation of Country Teams

Step 7: Preliminary inventory of existing and planned support initiatives

During the first phase the key actors: the Partnership countries need to be identified, the Country Teams constituted and pool of experts identified with assigned areas of responsibility. All Key Actors are to become familiar with the asylum system development strategy. They will rally support for the work of the asylum and the migration module management. To ascertain ownership, a clear political commitment to the process by the recipient countries is necessary

UNHCR will second a Senior Regional Advisor to the initiative. His task would be to provide support, guidance, and assistance and may be required by the country team and relevant support structure in the fields of asylum.

This phase will also involve the establishment of the structure for the inventory of activities and support provided for, and planned by, donors and institutions in the region. All available information will be feed into the database.

Phase 2: Elaboration and Adoption of National Action Plans (NAPs)

Step 1: Presentation of the approved process to relevant parties

Step 2: Compilation of relevant existing standards / benchmarks

Step 3: Expert meeting to discuss process, activities and responsibilities

Step 4: Inventory and review of existing data, statistics, reports, etc.

Step 5: Needs assessment / gaps analysis by experts / country teams

Step 6: Drafting NAPs

Step 7: Approval of NAPs (Round Table I)

Phase 2 will involve the compilation of the relevant Standards and the identification of the gaps/needs in the legal framework and as regards institutional and capacity by the relevant national and international institutions.

A meeting of experts will be organised at the beginning of phase 2 in order to prepare the experts teams and to review the standardised assessment, planning and evaluation tools such as the “asylum system checklists” and the format for the National Action Plans. In addition, expert teams will be familiarised with recent developments in the recipient countries.

The country teams in co-operation with the expert teams will outline asylum system development plans, or National Action Plans (NAP. They will do so largely based on already available data and the information received from the inventory established by the country teams and Support Unit. Additionally, assessment missions to the recipient countries may be necessary in order to jointly analyse the data available and draft the NAPs. The Plans will be established based on agreed methodology and will address the needs, changes and resources in the legislative, institutional and practitioners’ sector of all relevant areas of functioning migration and asylum systems. In addition, an implementation strategy should be developed and, where required, concrete projects should be suggested in order to bring about these changes.

National Action Plans

The National Action Plans shall include the following:

– Country needs analysis regarding legislative, institutional, practitioner and civil society developments

– Status and details of existing projects

– Detailed outlines for further project needs

* scope and purpose

* recipients

* time-frame

* verifiable assessment indicators

* necessary human, material and financial resources

During Phase 2 the suggested National Action Plans will be fine-tuned by the expert and country teams. Additional expert team missions might be needed in order to facilitate the process, which should lead to the adoption of the plan.

The plan will be reviewed and adopted during a Round Table meeting by the political/executive level of the recipient country and representatives of the Stability Pact. The round tables will be held in the capitals of the recipient countries. The plans will be presented and discussed with potential donors and implementing partners. In the course of the meeting the initial contacts, selection of appropriate projects, partners, and implementation steps will be established. By the end of Phase 2 the first implementation steps and corresponding donors/partners should have been agreed.

Phase 3: Implementation of National Action Plans (NAPs)

Step 1: Implementation of necessary measures in accordance with NAPs

Step 2: Regular assessment and evaluation of measures

Step 3: Regular updating of NAPs

Phase 3 entails the implementation of the selected projects/initiatives. The implementation phase is to be closely monitored by the country and the expert teams. This will further facilitate the co-ordination of related activities.

Periodically, the Support Team will release progress reports that will reflect the evolution of the project. On the basis of the results reflected in these reports, the country teams will update regularly the NAPs.

Phase 4: Mid Term Review

Step 1: Preparatory expert meeting to review overall process

Step 2: In-country expert assessment of overall implementation of NAPs

Step 3: National Round Tables (5x) to approve revised NAPs

A general meeting of partnership countries and expertsto jointly review the overall process, to share experiences and lessons learned will open Phase 4. Subsequently, the expert teams will carry out an evaluation/assessment mission. During these missions the expert teams should, in particular, look into problems and obstacles that have hampered the implementation. Together with the country teams they shall also map out recommendations for further implementation steps. The results of these discussions will be integrated in an updated and revised version of the NAP. Another Round Table meeting (see Phase 2) will be organised to address further needs, to adopt the Revised Version of the NAPs, and to generate additional resources. The implementation of the NAP will continue after these meetings.

Phase 5: Implementation – continued

Step 1: Implementation of necessary measures in accordance with NAPs

Step 2: Regular assessment and evaluation of measures

Step 3: Regular updating of NAPs

Phase 5 entails the continued implementation of the selected projects/initiatives in accordance with the NAPs. The project organisers will continue to release progress reports that will reflect the evolution of the projects in light of the revised NAPs and forward these to the country teams and the Support Unit for assessment and evaluation. The country teams will then regularly update the NAPs on necessary and planned measures.

Phase 6: Final evaluation

Step 1: Summary of completed and ongoing projects

Step 2: Summary of best practices

Step 3: Final evaluation, conclusions and recommendations

Step 4: Closing Conference

The asylum process shall end with a closing conference of all relevant actors involved (jointly with the migration module). The conference will serve as a forum for the horizontal exchange of experiences and lessons learned. In addition the conference will adopt a country-specific “Future Reports” and compile a list of good practices and lessons learned. The Future Reports will be jointly drafted by the country and expert teams according to an agreed methodology. The report will consist of a final evaluation and concrete suggestions/recommendations for further development steps.

The Process shall end with a closing conference of all relevant actors involved. The conference will serve as a forum for the horizontal exchange of experiences and lessons learned. In addition, the conference will make conclusions and recommendation for each country and compile a list of good practices and lessons learned. The country teams and experts according to an agreed methodology will jointly draft these results. The report will consist of a final evaluation and concrete suggestions for further development steps.