UNHCR has informed some refugees that it would not be able to facilitate permanent resettlement and they face imminent statelessness

In 2023, the number of refugee and asylum seekers (those with pending refugee applications) in the world increased from 45.9 million to 50.3 million (about 8.75%), according to statistics of the United Nations High Commissioner for Refugees (UNHCR). But Sri Lanka’s contribution to address this increasing global crisis dramatically declined in last 15 months, by around 45%. According to UNHCR statistics, Sri Lanka was hosting about 845 refugees and asylum seekers as of 28th February 2023, and only around 459 as of 31st May 2024. Even as a small country, this is a dismal contribution, considering the large numbers hosted by other neighbouring countries such as Pakistan (about 2 million) and Bangladesh (about1 million).

UNHCR’s closure in Sri Lanka, fears and protests

UNHCR’s decision to close its office in Sri Lanka by end of 2024 and appoint a liaison officer is probably the major factor that is discouraging refugees and asylum seekers from coming to Sri Lanka. Already, UNHCR has stopped processing asylum applications and facilitating permanent resettlement of asylum seekers and refugees who had arrived in Sri Lanka after 31st March 2022; the figure estimated to be around 250. It had also stopped the monthly subsistence allowance and educational support provided to refugee children, including those who have been stuck in Sri Lanka for over a decade.

Despite limitations, UNHCR has been a key agency in protecting and supporting asylum seekers and refugees during their temporary stay in Sri Lanka and also in facilitating permanent resettlement of many who were recognised as refugees. After having fled persecution in their own countries, some have faced re-displacement and evictions, detention and various forms of hostility during their stay in Sri Lanka. In the past there have been instances of deportations, including from the airport. They have also been struggling to survive in Sri Lanka with difficulties to find essential needs such as educating children, food, housing and medicine. UNHCR’s closure has worsened fears of refugees and asylum seekers in Sri Lanka whose lives have always been full of insecurity, fear and uncertainty about the present and the future.

The announcement of the closure led to unprecedented protests outside UNHCR office in 2023 and 2024 in Colombo. Despite appeals, the UNHCR and UN country team is yet to adequately reassure this very vulnerable population about how they will be supported and their rights protected. A major concern of refugees recognised by UNHCR is speedy permanent resettlement with some refugees having been in Sri Lanka for about 12 years. UNHCR has informed some refugees that it would not be able to facilitate permanent resettlement and they face imminent statelessness. A major concern of asylum seekers has been delays in interviews and knowing whether they will be recognised as refugees or not. It is this desperate situation and uncertainty that had prompted some refugees and asylum seekers, along with young children, to twice protest outside UNHCR office in Colombo.

Challenges to other states

Even if the Sri Lanka office is closed, UNHCR should find ways of at least facilitating the permanent resettlement of persons recognised as refugees. But eventually, it’s states that will have to bear responsibility to offer permanent resettlement and avoid more stateless people. Traditionally, the US and Canada have offered permanent resettlement to refugees in Sri Lanka and more recently other countries such as France, United Kingdom, Australia and New Zealand have also offered permanent resettlement. But there some UNHCR recognised refugees in Sri Lanka who do not have any prospects of permanent resettlement from any country and are facing imminent statelessness.

Challenges to Sri Lanka

UNHCR’s scaling down or closure will be major disappointment and challenge to refugees and asylum seekers. But it will present an opportunity for Sri Lankan government to go beyond its present minimalistic role of allowing asylum seekers and refugees to temporarily stay in Sri Lanka. Sri Lanka must at least now do better in fulfilling global responsibility of hosting, protecting, caring and supporting more than 50 million refugees and asylum seekers.

In the long term, Sri Lanka should offer permanent resettlement to refugees through domestic legal framework and by ratifying the 1951 Refugee Convention. This is particularly important if UNHCR continues to refuse to facilitate permanent resettlement and some refugees are not offered permanent resettlement by other states. Sri Lanka should also extend free education policy towards children and provide food, housing and medicine in addition to basic health care at hospitals.

Despite occasional deportations and hostility and unwillingness to provide basic, essential support, successive Sri Lankan governments has tolerated the temporary stay of asylum seekers and refugees in Sri Lanka, based on a 2005 agreement and 2006 terms of reference between the government and UNHCR, and in line with Sri Lanka’s obligations under international customary law. Sri Lanka prohibits foreign nationals visiting Sri Lanka as tourists, conferences etc. from engaging in employment, but as of now, there doesn’t seem to be explicit prohibition on asylum seekers and refugees from engaging in employment. However, in practice, asylum seekers and refugees have not been able to seek employment despite having skills, experiences and academic qualifications, and some have even been arrested and detained for seeking employment to fulfill basic needs. The inability to engage in meaningful employment has been a major challenge for asylum seekers and refugees, and increased their dependency on others. UNHCR’s stopping of the monthly allowances and educational support for refugees last year will make employment opportunities even more important. Being employed will also contribute towards psychological wellbeing of asylum seekers and refugees, who have no meaningful occupations while awaiting longer term solutions.  

Future of refugees and asylum seekers in Sri Lanka

This year, on World Refugee Day, there is very little for asylum seekers and refugees to look forward to in Sri Lanka. UNHCR must ensure continuation of minimum and most essential services such as issuing of asylum certificates to new arrivals, completing interviewing and refugee status determination of asylum seekers already in Sri Lanka and facilitating the permanent resettlement of those already recognised as refugees. Various other UN agencies in Sri Lanka working with children, women, food, education, health, housing, development etc. must include asylum seekers and refugees in the work they are doing in Sri Lanka. The UN Resident Coordinator must give stronger leadership to ensure protection of rights and wellbeing of refugees and asylum seekers, including coordination with UN agencies and Sri Lankan government. Sri Lankan government and other states too must assist by facilitating permanent resettlement. Sri Lankan society, including religious groups and civil society, should also provide better support, care and protection for refugees and asylum seekers. Our hospitality, spiritual, religious and cultural values will be tested on how we treat this small number of vulnerable and persecuted people amongst us, and our willingness to contribute meaningfully to address a global crisis.