Introduction

All migrants crossing the Red Sea and the Gulf of Aden face multiple risks and challenges in

their areas of origin, during transit, upon arrival in Yemen and during their onward travel.

They risk arbitrary arrest and detention, closed borders and refoulement, physical and sexual

violence, trafficking, inadequate access to basic services such as shelter, water, food, basic

education and health care, limitations to freedom of movement and lack of access to a means

of livelihood. Only around 15% of all new arrivals register with the Yemeni Government or

with UNHCR. Newly arriving refugees and asylum-seekers receive basic assistance from

UNHCR and its implementing partners in the reception centres in the south (Kharaz, Ahwar,

Mayfa’a) and temporary documentation which allows them to register officially with one of

the Government registration centres or UNHCR offices.

Since the first Regional Conference on Refugee Protection and International Migration in the

Gulf of Aden organized by UNHCR and the Mixed Migration Task Force-Somalia in 20081,

UNHCR has continued to implement its 10-Point Plan of Action to support the Government

in addressing challenges in relation to mixed migration. The Government has yet to develop a

national migration policy to promote the protection of refugees and migrants in mixed

migration flows while ensuring migration management.

Yemen has not ratified the 2000 Protocol on Human Trafficking and Smuggling that

supplements the UN Convention against Transnational Organized Crime (UNCTOC) and

current Yemeni legislation does not cover all forms of exploitation indicated in the Protocol to

Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. In

addition, the Government has not acceded to the 1979 International Convention on Maritime

Search and Rescue (SAR Convention). At the end of 2012, the Government acknowledged the

magnitude of the problem and established two technical Committees for combating human

trafficking and drafting the forthcoming anti-trafficking legislation. UNHCR, in its capacity

as an observer, has attended the Committee for Combating Human Trafficking, which is an

institution expected to develop a national strategy in 2013.

The aim of this document, which is primarily based on consultations with country operations and informed by on-going protection needs and activities in the region, outlines UNHCR’s regional approach to refugee protection in situations of mixed migration in Horn of Africa, namely in Yemen, Ethiopia Somalia, Eretria and Djibouti. It describes objectives, approaches and priorities in the region on the protection of refugees and aims at guiding activities as outlined in UNHCR’s 10-Point-Plan on Refugee Protection and International Migration.

The regional approach will serve the purpose of providing a “common narrative” and a “roadmap” to strengthen operational responses. This roadmap will be tailored to specific national and sub-regional situations, with the regional approach serving as the basis for promoting harmonized and joint efforts across the region. 

Operational Context

The MENA region continues to see large complex mixed migration movements, including of a growing number of asylum seekers and refugees, from the Horn of Africa towards Red Sea and Arabian Sea,  The increasing number of people travelling in hazardous conditions by sea and losing their life on the way is of growing concern, as are practices, including detention and refoulement.

Yemen is a transit country and despite the deteriorating security situation inside the country, the number of new arrivals landing on the shores of Yemen has not reduced significantly.

 In 2017, some 5,000 individuals from the Horn of Africa landed along the Arabian and Red Sea coast. Number is documented up to May 2017 when UNHCR drew down its mixed migration programme with closure of the Mayfa’a field office. UNHCR transitioned these activities to IOM who have faced difficulties in fulfilling gaps left by UNHCR. Without a reception system in place to document new arrivals where those in need of international protection can be identified and assisted, there is increased risk of abduction, extortion, physical abuse and arbitrary detention upon arrival in Yemen. Unaccompanied minors are also included in these figures.

According to a Feb 2020 report from the (IOM), about 150,000 people traveled from Ethiopia into Yemen through the Red Sea in 2019, making it the busiest maritime migration route in the world—more busy than the ongoing migration from northern Africa into Europe via the Mediterranean Sea, which continues to dominate media coverage of migration. Therefore, UNHCR advocates to enhance principal roles of the authority in managing the reception of the new arrival as well as the training of all stakeholders.  

 UNHCR should continue to support the relevant authorities to identify and document PoCs at arrival point by providing needed technical means and capacity building.

Some countries in the region are signatories to the 1951 Refugee Convention, the Republic of Yemen is the only country in the Arabian Peninsula to have signed the Convention and the 1967 Protocol.    However, in most countries in the region there currently are no national asylum systems in place or mechanisms to ensure the effective implementation of principles and standards of international refugee protection and human rights as they apply to refugees and migrants. In addition, there is an absence of comprehensive national systems and strategies to manage the complexities of mixed migration in a protection-sensitive manner, limited scope for solutions, and few mechanisms for responding to the needs of those most vulnerable. State efforts are primarily focused on security, border management and control, prevention of irregular movements and penalization of unauthorized entry or exit, regardless of legal status or individual circumstances. Despite this focus, there are opportunities, in a number of countries, for legal, policy and practical changes that UNHCR works to capitalize upon.

Strategic Objectives

Objective 1. Working together and seeking support

The MMTF in Yemen was established in June 2008 following the Regional Conference on “Refugee Protection and International Migration in the Gulf of Aden” held in May 2008.  The Yemen MMTF is jointly chaired by UNHCR and IOM. The Danish Refugee Council (DRC) holds the secretariat for the group. INTERSOS, the Society for Humanitarian Solidarity (SHS), the United Nations Children’s Fund (UNICEF), the World Food Programme (WFP), Save the Children Sweden, the Yemen Red Crescent, Care International and the Government of Yemen are all current members. There is no Mixed Migration Sub Committees established in the South and in the North of Yemen. Mixed Migration issues are also discussed at UNCT. No National Migration Policy has been developed thus far.

 UNHCR co-led the Refugees and Migrants Multi-Sector (RMMS) with IOM and was fully engaged in the development of the Humanitarian Needs Overview and the Yemen Humanitarian Response Plan for 2018. The RMMS was also represented in all the Inter-Cluster Coordination Mechanism (ICCM) meetings which positively contributed to enhance the representation of PoCs issues in at strategic decision-making level. UNHCR participates in meetings of the Aden-based Mixed Migration Working Group. In order to strengthen coordination and partnerships among UNHCR partners for the protection and assistance of refugees, monthly meetings with all partners were held. Sectoral quarterly meetings with legal partners have been established. 

 In addition, UNHCR participated in Humanitarian Access Working Group meetings and in all HCT meetings. UNHCR also participates in meetings with UNICEF and others on the development of a social protection policy. The Office coordinates with a number of sister UN agencies – UNICEF on birth registration and child protection; UNDP on rule of law; ILO on livelihoods; IOM on ASR and the humanitarian evacuation programme, OHCHR on issues surrounding protection of civilians and human rights, UNFPA on gender-based violence; and with ICRC on detention issues.

In the South, UNHCR has held at regular intervals coordination meetings with implementing partners to enhance response to refugees and Asylum seekers. Partners have been briefed and given opportunity to input on strategy, priorities and funding. UNHCR has also briefed AHCT on the refugee’s programme and sought to further the area-based approach on the support from UNDP.

UNHCR co-chairs the monthly Mixed Migration Working Group as well as the Multi-Sectoral Response for Refugees and Migrants to discuss pertinent protection issues facing refugees and mixed migrants. The MMWG brings various UN sister agencies, like UNICEF working with unaccompanied migrant children, local authorities like the coast guard and IPNA, and humanitarian actors to plan out responses and coordinate assistance. UNHCR facilitated the refugee protection and mixed migration workshop in Djibouti to bring together actors working on refugee protections under the 10 Point Plan and the Gulf of Aden strategy aimed at assisting governments and others with incorporating protection considerations into migration policies in April 2017. Likewise, to enhance protection of refugees, UNHCR has resumed its partnership with IPNA to register Somali refugees in Kharaz and Aden that helps provide legal documentation for POCs.the UNHCR 10-Point Plan of Action (10-PPA) has been customized locally and both the government and members of the Mixed Migration Task Force have made progress on the implementation of the action plan.

Steps to be conducted:

  • Organize expert workshops for more-in-depth discussions on the various topics to further regional coherence and contribute to the development of a regional strategy. Expert roundtables could be hosted by different governments in the region.
  • continued support in terms of capacity building, national action plans and procedures. Greater political support among Governments in the region is necessary.
  • Take note of the initiatives of the Regional Organizations, such as the African Union (AU), IGAD, the League of Arab States and the Gulf Cooperation Council.
  • Encourage countries hosting refugees and/or IDPs and migrants to continue their engagement on protection issues arising out of the mixed migratory flow through the Red Sea and Arabian Sea.
  • Donor countries and international community should provide more support and increase assistance to refugees, IDPs and migrant-hosting countries both in the Horn and in Yemen. The open-door policy for refugees of the Government of Yemen has served as a model of good practice.

 Objective 2.  Controlling borders while ensuring protection

 More robust measures to combat smuggling and trafficking while protecting those who fall victim to smugglers and traffickers through : a/ratification of the UN Convention against Transnational Organized Crime and its Protocols; b/implementation of the obligations in the Convention and Protocols into national law and practice; c/provision of training on human rights and refugee law for law enforcement officials; d/ prosecution of smugglers and traffickers and others responsible for criminal acts against refugees and migrants; e/protection of those victimized by such crimes including the addressing of their medical and rehabilitation needs; f/ enhanced information sharing and cooperation. Relevant UN Agencies should provide the necessary technical and material support to assist Governments in establishing the capacity required to combat smuggling and trafficking.

Migrants including refugees and asylum seekers continue to suffer from human rights abuses in destination and transit countries. The lack of economic opportunities has increased smuggling activities and human trafficking in Yemen and children together with women are the main affected among the victims. They are tortured in most instances or even killed. In Yemen, upon arrival migrants are kept hostage of smugglers until they pay the ransom. They are often victim of serious human rights violations including torture, rape, sexual abuse. There is no specific legislation in place in Yemen nor a national strategy to protect, prevent and prosecute smuggling and trafficking activities, therefore victims are without appropriate protection and assistance.

Steps to be implemented

  •  Coastal States should ratify maritime Conventions relating to Rescue at Sea and establish/improve their Search and Rescue Capacities.
  • The international community should provide support for the Coast guards. The International Maritime Organization (IMO) should supplement available technical assistance.
  •  Detention for individuals arriving irregularly should only be resorted to where necessary and should be proportionate for the purpose.
  •  UNHCR and other Agencies with specifically relevant mandates should be given access to detention facilities to identify refugees and others in need of protection.
  •  Mechanisms for voluntary return in safety and dignity should be established on the basis of bilateral or multilateral agreements.
  •  Measures for forcible return should be confined to appropriate cases only and ensure compliance with relevant international human rights standards.

Objective 3. Addressing human rights abuses during travel

The Government of Yemen has ratified the 1951 Refugee Convention and its 1967 Protocol on January 18, 1980 as well most of the core International Human Rights Instruments. However, the Refugee Convention has not been introduced in domestic law thus far. Yemen has not ratified the 1990 Convention on the Protection of the Rights of all Migrant Workers. UNHCR Yemen conducts regular trainings on Refugee Law and Human Rights Law for national and local authorities and awareness sessions for the host community on the rights of migrants and refugees.

There is no formal legal framework for the protection of refugees and asylum seekers exists in Djibouti, Yemen, KSA. Eritrea is not a signatory of either the 1951 Convention relating to the Status of Refugees, its Protocol or the 1969 OAU Convention and it does not have a formal legal or administrative framework in place on refugee protection. None of the concerned countries have ratified the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.

Steps to be implemented

  •  Encourage the Governments to take all necessary measures to protect the rights of refugees and migrants including through: a/ the ratification of relevant international human rights and refugee law instruments including the 1951 Convention  relating to the Status of Refugees and its 1967 Protocol and the 1990 International Convention on the Protection of the Rights of all Migrant Workers and Members of Their Families; b/ the adoption of relevant national laws and policies protective of rights of migrants and refugees; c/ establishing the necessary capacities to implement the legal obligations and policies and take practical action towards their realization; d/ advocacy and awareness- raising for human rights protection and to redressing the misperception that migrants are necessarily criminals; e/ the prosecution of perpetrators through strengthened law enforcement mechanisms and a targeting of traffickers and smugglers as opposed to those victimized by them. The international community, international and national agencies and other actors should provide necessary financial and technical support for the achievement of the above objectives.
  • a/Protection alternatives should be provided with the help of the international community to internally displaced persons in Somalia and to refugees in the countries of transit so that people do not have to make the perilous journey across the sea for accessing protection ; b/ Specific measures should be designed and implemented to reduce human rights abuse during travel; c/ Rescue at sea capacities should be strengthened.

Objective 4. Life essentials for New Arrivals

IOM estimates that 138,213 migrants entered Yemen in 2019 despite the ongoing conflict, increasingly constricted protection space, proliferation of smuggling/trafficking networks and a high profile public awareness campaign conducted by UNHCR. The observed caseload has been primarily Ethiopian (92%) and Somalis (8%), with 88% of those tracked heading for Saudi Arabia and 12% towards Yemen.  Similar to 2018 Bosasso, Somaila remained as the main departure area.  The migrants are predominantly male (72%), with 18% women and 10% children.

In June 2017, UNHCR withdrew from its lead role in the mixed migration response and following agreement with IOM handed over this responsibility to IOM. UNHCR closed its reception centres where new arrivals were provided with temporary documentation to enable them to travel to government registration centres or UNHCR. During 2017 IOM was not fully operational which resulted in a lack of information on the actual number of new arrivals with international protection needs and in new arrivals with international protection needs not being referred to UNHCR and partners. In 2018, IOM is in the process of assuming responsibility for reception of new arrivals and implementing the agreed referral mechanism to UNHCR for new arrivals with international protection needs. 

In the South a large-scale re-documentation and verification exercise was initiated in 2017 with initially only sporadic take up due to the demand of Somali refugees (largely driven by community leaders) that the new cards bear the date of arrival.   

In the North, registration remained suspended and following the signing of the data sharing agreement between UNHCR and the de facto authorities in January 2018, work is underway to resume registration for both Somalis and non-Somalis.   

Steps to be implemented

  • Establishment of Reception centers: Integrated Reception Centers would help address the basic needs of New Arrivals at the Coast in Yemen where it commences upon the arrival of a foreigner at the territory of a State, and where assistance and urgent medical care are provided through reception centers for the purpose of preserving the life(ves) of individual/groups. In this stage, screening of arrivals is carried out to identify the vulnerable cases that require special assistance. These cases include sick persons, elderly, unaccompanied children, women at risk, and others. In this stage also, complete explanation of the asylum process is provided to the foreign arrivals in their mother tongue.
  •  All New Arrivals should have access to basic services and livelihood opportunities without distinction as to status. Precautionary measures should be taken to avoid the availability of such services becoming a pull factor.
  •  Measures should be taken to better address specific needs such as those of victims of Sexual and Gender Based Violence (SGBV).
  • Proper burial grounds respecting human dignity should be provided for people who died en route.

Objective 5. Different people, different needs: determining profiles and responsibilities (asylum- seekers, victims of trafficking, separated children, people who wish to return)

There was general acceptance that mixed movements are composed of people with different backgrounds and needs.  It was important that these be identified and addressed soon after arrival.     New arrivals should be provided with information in their own language about relevant procedures and their rights and options.   Preferably, various actors with the most relevant mandates should be involved in  the  profiling,  channeling  and  response to  new arrivals.   

Steps to be implemented

  • New arrivals should be informed about relevant procedures and be provided with appropriate documentation, e.g. a certificate of registration or an asylum-seeker certificate.
  • Cooperation and coordination among all actors concerned is essential. Preferably, various actors with relevant mandates should be involved in the profiling, channeling and response to new arrivals.
  • Reception workers should be trained and capacitated to assess the needs of arrivals in a safe environment and refer them to the agency responsible for provision of the service required.
  • Further research is necessary to get comprehensive information of the scope of trafficking from the Horn to Yemen.

 Objective  6. Ensuring asylum and protection for asylum seekers and refugees, including durable solutions

Yemen is on the brink of a humanitarian catastrophe. Almost five years of war have devastated Yemen, already one of the poorest countries in the Middle East. Over 2 million people have been forced to flee their homes, and an estimated 22.2 million are in desperate need of humanitarian assistance. 2 out of 3 Yemenis can no longer afford basic food items. An estimated 14 million people face imminent starvation, the majority of them children. The dire conditions in Yemen have been worsened by extreme shortages of safe drinking water, shelter and healthcare, and deadly outbreaks of cholera and diphtheria. According to the UN, almost half the country is now ‘one step away from catastrophe.’ Yemen is also sheltering over 280,000 refugees and asylum seekers who have fled from violence in the neighbouring Horn of Africa region. UNHCR is one of the few humanitarian aid organisations working in Yemen. Under the current context, UNHCR strives to maintain a residual protection space, despite the significant deterioration of the overall protection climate for asylum seekers and refugees

Steps to be implemented

  • Ensure minimum protection space for refugees is granted and refugees have access to a comprehensive service package including health and Reproductive health, nutrition, education, livelihood, SGBV prevention and response, child protection and documentation.
  • Manage two reception and two transit centers to screen new arrivals at the Arabian and Red Sea coasts and providing life-saving assistance and transportation to the reception centres and ensuring referral for PoCs with specific needs.
  • Documentation for both new arrivals and protracted populations as well as provision of birth certificate for new born should be strengthened.
  • Strengthen legal procedures, and the availability of safe shelters, psycho-social and medical support.
  • Detention monitoring activities should be strengthened for potential asylum-seekers arrested for illegal entry into the country.
  • Quality of registration and civil status documentation should be given particular attention, with specific focus on issuance of birth certificates.