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09 November 2010

Using EXCOM Conclusions on International Protection

Curious to learn more about recent debate concerning the perceived value of EXCOM Conclusions on International Protection and the process by which conclusions are drafted and negotiated? Then read through these resources:

Note on Review of the Process for Drafting Executive Committee Conclusions on International Protection (Informal Consultative Meeting, 18 November 2005) [text]
- This note lays out the key problem areas that have been identified concerning the content of and process for producing conclusions. It begins with some background on EXCOM's role vis-a-vis international protection. Underlying these discussions is the question of the conclusions' utility, i.e., if they are not used/considered useful, why go through this process at all?

Second Note on Review of the Process for Drafting Executive Committee Conclusions on International Protection (Informal Consultative Meeting, 10 February 2006) [text]
- This Note "supplements the earlier note...by presenting the outcome of a small survey on the value of the ExCom Conclusions and, based on the discussions in the ICM, puts forward some suggestions as possible ways forward to improve the ExCom Conclusions negotiations process."

Non-paper on Key ExCom Conclusions that have Contributed to the Evolution of International Refugee Law and Formed the Basis of UNHCR Guidance (Informal Consultative Meeting, 5 January 2006) [text]
- This paper identifies a "few key areas where gaps in legal interpretation and standards were addressed by provisions in ExCom Conclusions, on which UNHCR has since provided more detailed operational guidance."

Review of the use of UNHCR Executive Committee Conclusions on International Protection, PDES/2008/03 (UNHCR, April 2008) [text]
- This report sought to answer the following questions:
1. To what extent are Excom Conclusions known, understood and appreciated by states, UNHCR, NGOs and other stakeholders?
2. To what extent have the different types of Excom Conclusion been used by various stakeholders (a) in the formulation of policy, official positions and legal guidance (b) in the drafting of national, regional and international legislation (c) as a input to judicial and asylum proceedings, (d) as an advocacy tool, and (e) in any other ways?
3. What are the key variables (e.g. subject matter, timing, specificity, length, dissemination) that determine whether an Excom conclusion is actively used by states and other stakeholders?
4. Is there any evidence to suggest that recent Excom Conclusions have been used to a greater or to a lesser extent than in earlier periods, and if so, what accounts for the trend?
5. Can specific examples of effective and ineffective practice be identified in relation to the use of Excom Conclusions?

Review of the use of UNHCR Executive Committee Conclusions on International Protection: Report of the Evaluation Team (Informal Consultative Meeting, June 2008) [text]
- Essentially the same text as that above, but with an executive summary included.

Informal Discussion Paper on Possible Ways to Improve the Drafting Process for Executive Committee Conclusions on International Protection (Informal Consultative Meeting, 9 June 2008) [text]
- This paper "contains ideas for the improvement of the Executive Committee (ExCom) Conclusions process, bearing in mind issues and concerns which have been the subject of previous Informal Consultative Meetings. The paper also addresses some suggestions raised in the 'Review of the Use of UNHCR Executive Committee Conclusions on International Protection'."

ExCom Conclusions and Process 2008-2012: Ways Forward on ExCom Conclusions (Informal Consultative Meeting, 9 June 2008) [text]
- Powerpoint presentation that accompanied the above paper.

Preliminary Planning Paper on Proposed Multi-Year Themes (2008-2012) and Workplan for Executive Committee Conclusions (Informal Consultative Meeting, 8 July 2008) [text]
- Provides UNHCR's thinking on possible themes for future Conclusions on International Protection and their importance. Interestingly, a proposal was made back in Jan. 2007 for a possible conclusion on the protection of trafficking victims that seek asylum, but this theme is not included in the workplan.

Proposed Themes for Executive Committee Conclusions in 2010 (Informal Consultative Meeting, 21 January 2010) [text]
- Focuses just on possible themes for the 2010 EXCOM session. (We know now that the outcome was the Conclusion on refugees with disabilities... .)

Related posts:
- 50 Years of EXCOM: 1959-2009

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