Considerations on COM(2021)597 - EU position with regard to the adoption of the UNHCR conclusion on international protection and durable solutions in the context of a public health emergency - Main contents
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| dossier | COM(2021)597 - EU position with regard to the adoption of the UNHCR conclusion on international protection and durable solutions in the ... |
|---|---|
| document | COM(2021)597  |
| date | September 30, 2021 |
(2) Pursuant to the Resolution, the Executive Committee of the Programme of the United Nations High Commissioner for Refugees acts as an advisory body as regards norms and policy with respect to international refugee protection.
(3) The Executive Committee of the Programme of the United Nations High Commission for Refugees, during its 72nd session on 4-8 October 2021, is to adopt a conclusion on international protection and durable solutions in the context of a public health emergency.
(4) This conclusion is being prepared in a series of private meetings by members of the Executive Committee and intergovernmental organisations, who, in their capacity as observers, have been invited to participate in those private meetings, in cooperation with UNHCR experts. The European Union, in its capacity as observer, does not have the right to vote, but is entitled to speak at the public meetings of the Executive Committee and is invited to participate in private meetings of the Executive Committee on asylum and refugee matters within their competence.
(5) It is appropriate to establish the position to be adopted on behalf of the Union in the Executive Committee of the Programme of the United Nations High Commissioner for Refugees, as the envisaged conclusion is capable of decisively influencing the content of Union law.
(6) The Union should support the adoption of the envisaged conclusion on international protection and durable solutions in the context of a public health emergency.
(7) The Union should support that the principles of international refugee law and in particular the principle of non-refoulement as well as the right to seek and enjoy asylum are maintained in the context of a health emergency and that restictions on movement are non-discriminatory, provided by law, necessary, reasonable in the circumstances and in line with international law.
(8) The Union should also support that entry restrictions and other measures taken to limit entry at borders in connection with public health emergencies are temporary, non-discriminatory, necessary, proportionate and reasonable in the circumstances, and are applied in a manner, which safeguards public health while ensuring respect for the right to seek and enjoy asylum and the principle of non-refoulement and complying with applicable obligations under international law, including international refugee law.
(9) “Persons of concern to UNCHR” include refugees, asylum seekers, refugee returnees, stateless persons, and internally displaced persons. The Union should support including survivors of sexual and gender-based violence among “persons of concern to UNHCR” when encouraging States to address mental health and psychosocial wellbeing in their response to the pandemic by promoting availability of emergency mental health and psychosocial support to such persons and encouraging further strengthening of such measures, including through international support.
(10) The Union should support including sexual and reproductive health care services as well as vaccines among the humanitarian needs of persons of concern to UNHCR and their host communities, to be assessed and addressed by States as components of humanitarian response in public health emergencies.
(11) The Union should support including sexual and reproductive health care services as an addition to the provision of basic health care services and psychological support to persons of concern to UNHCR only in response to a public health emergency.
(12) The Union should reject any proposal related to the use of unilateral coercive measures.
(13) The position of the Union is to be expressed by the Member States of the Union that are members of the Executive Committee of the Programme of the United Nations High Commissioner for Refugees, acting jointly.
(14) [In accordance with Articles 1 and 2 of Protocol No 21 on the position of Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union (TEU) and to the TFEU, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Decision and is not bound by it or subject to its application.] OR [In accordance with Article 3 of the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Ireland has notified its wish to take part in the adoption and application of this Decision.]
(15) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,