BACKGROUND

There are currently six active IARLJ Inter-Conference Working Parties that are led by Rapporteurs:

1. Non-State Agents of Persecution, Rapporteur, Roland Bruin, The Netherlands;
2. Membership in a Particular Social Group, Rapporteur, Lory Rosenberg, USA;
3. Internal Flight Alternative (IFA), Rapporteur, Paul White, Australia;
4. Asylum Procedures, Rapporteur, Michael Creppy, USA;
5. Human Rights Nexus, Rapporteur, James C. Simeon, Canada;
6. Vulnerable Categories, Rapporteur, Edward Grant, USA.

These Working Parties are engaged in different research projects that are at various stages of completion.

At the October 2002 IARLJ World Conference in Wellington, New Zealand, Dr. Hugo Storey, Coordinator of the Inter-Conference Working Party Process since its inception in 1997, relinquished his duties in this position to James C. Simeon. However, Dr. Storey agreed to continue to provide his advice and counsel to this vitally important work on behalf of the Association. A face-to-face working breakfast meeting, chaired by IARLJ President-elect, Allan Mackey, was held at the Wellington Conference for Rapporteurs and interested IARLJ Conference delegates. Participants at this working breakfast meeting agreed that there should be a clear "project plan" for the Inter-Conference Working Parties Process that outlines specific reporting periods for each of the active Working Parties. It was also agreed that the Inter-Conference Working Party Process should be more structured, with each Working Party having a specific goal and time lines for achieving their specific goals. Generally, there was agreement that the mission or objective for each Working Party, between World Conferences, should to be established for their work and that the roles for the Working Party Rapporteurs and participants be more clearly defined. [See draft role descriptions for Rapporteurs and Working Party participants.] There was also agreement that it would be useful to appoint Alternate or Associate Rapporteurs for each of the Working Parties. In an effort to try and increase active participation within each of the Working Parties, it was agreed that each of the respective tribunal heads could be asked to appoint a judge or quasi-judicial decision-maker to each of the Working Parties. [See draft letter to Tribunal Heads.] It was agreed that participation in the Working Parties need not be limited to members only but should be open to associate IARLJ members as well.

It was also suggested that the Association consider issuing guidelines on issues and questions of general interest to its members, not unlike the International Law Commission.

It was also suggested that Association might wish to consider establishing a number of new Working Parties, including:

· Guidelines for the appointment of independent judges and quasi-judicial decision-makers.
· State Protection: What constitutes adequate and effective state protection?
· Subsidiary and Complementary Protection;
· Interception and Detention;
· Issue of Support (Accommodation and Subsistance) for Asylum Seekers Whilst Their Claims are Being Heard.

There was also a recommendation made to establish a Working Party to address issues confronting women refugee law judges. However, no consensus emerged for establishing any new Working Parties. Indeed, the point was made that until it was clearly understood what issues needed to be addressed there should, rather, be a consolidation of the Inter-Conference Working Party Process. President-elect Allan Mackey also announced that the Association had budgeted 2000 Euros for telephone calls for the Working Party activities.

A post-Wellington Conference Rapporteurs teleconference call was held on Tuesday, November 26th, in which the Rapporteurs agreed to submit progress reports on their Working Party's activities every six months. IARLJ President, Allan Mackey, noted that the Inter-Conference Working Party Process Project Plan should outline the Working Parties' activities, the number of teleconferences that they plan to hold and the cost estimates.

On January 3rd, 2003, James Simeon contacted the Rapporteurs requesting that they each provide their Working Party's short-term and long-term plans, including, projected timetables for completing their current and future research and the budgetary estimates for any teleconferences that they would likely hold.

On April 10th, President Allan Mackey advised that the next IARLJ World Conference, funding permitted, would likely be held in 2005.

 

PRESENT STATE OF THE WORKING PARTIES

At the Wellington Conference, IARLJ delegates were invited to express their interest in participating in the Inter-Conference Working Party Process by signing a list circulated at the conference. From this list, the IARLJ Secretariat updated the Working Parties' membership lists. The IARLJ website page on the Inter-Conference Working Parties Process was also updated to provide a succinct summary of how the current process and the Working Parties operate.

Each of the six active Working Parties submitted a report of their Working Party's activities and/or submissions for the Wellington Conference, since the last IARLJ World Conference in Berne, Switzerland. These have been placed on the IARLJ website. IARLJ Council member, Sharyn Joe, New Zealand, who is supervising the publication of the Wellington Conference proceedings, has indicated that depending on the cost the Working Parties' reports and submissions may be included in this publication.

Following the Wellington Conference, the Working Party Rapporteurs for the Membership in a Particular Social Group, Lory Rosenberg, and the Human Rights Nexus, James Simeon, announced their intention of stepping down from their positions. Lory Rosenberg has stated that her resignation from the United States Board of Immigration Appeals necessitated that she turn over her Rapporteur responsibilities to another IARLJ member, although she intends to continue her participation in this Working Party and the IARLJ as an Associate member. James Simeon has stated that he cannot serve as Rapporteur of the Human Rights Nexus Working Party, while also serving as the Coordinator of the Inter-Conference Working Parties Process, although he will continue to serve as a member of this Working Party.

Currently, the Working Parties are engaged in ongoing research projects, but at different stages from completion. For instance, the Asylum Procedures Working Party is engaged in an ambitious research project that includes the distribution of a detailed questionnaire for completion by African countries on their refugee determination systems. In this regard, Michael Creppy, Rapporteur for the Asylum Procedures Working Party, has submitted a sample chapter on South Africa. The Working Party on Membership of a Particular Social Group has also prepared and circulated a questionnaire to IARLJ members on the extent this Convention ground, that includes gender-related persecution, is invoked in their countries. Other Working Parties are at relatively early stages of their research. For instance, the Non-State Agents of Persecution Working Party intends to examine what minor differences exist between State practices given that the prevailing view is that persecution can either emanate from State agents or non-State agents.

From the foregoing, it is evident that as a minimum, two new Rapporteurs will have be appointed to head the Membership of a Particular Social Group and Human Rights Nexus Working Parties. However, as agreed at the working breakfast meeting at the Wellington Conference and subsequent Rapporteur's teleconference call, a number of other initiative must be implemented to better structure and consolidate the Inter-Conference Working Party Process on behalf of the Association. For instance, this would include the appointment of several alternate Rapporteurs for each of the Working Parties, the establishment of specific objectives and goals for each of the Working Parties, setting specific timeframes for completing their specific objectives and goals, and the preparation of a Project Plan covering the period between the Wellington Conference and the next IARLJ World Conference.

There was also a strong sense among the participants of the Inter-Conference Working Party Process that a portion of the program at IARLJ World Conferences be dedicated to the presentation of the Working Parties' reports, materials and conference papers. Working Party participants put a great deal of their own time and dedicated effort into their Working Party's research activities and contributions for IARLJ World Conferences. The Association should recognize the voluntary efforts and contribution of its members, not only to their Working Party but also to the Association as a whole, by giving them an opportunity to present their conference papers, materials and reports to the delegates in attendance at IARLJ World Conferences. The Working Parties should not be excluded from the main program of the IARLJ World Conference.

Furthermore, the participants of the Inter-Conference Working Party Process also feel strongly that there should be an opportunity for the delegates, in attendance at IARLJ World Conferences, to discuss and debate the issues examined and analyzed in detail by Working Party participants. The opportunity to debate and discuss the issues presented in the reports, materials and conference papers presented by the Working Parties should also be incorporated in the program for the IARLJ World Conferences.

 

A MORE STRUCTURED AND STRATEGIC APPROACH

The Working Parties have two years to complete their research and prepare their recommendations before the next IARLJ World Conference. It is suggested that the each Working Party should undertake a practical research question of limited scope that could be completed before the next IARLJ World Conference, a period of about 18 to 20 months.

Broadly speaking, the IARLJ's overall mission is "to encourage standardization of practice procedure and interpretation of refugee law and practice throughout the world." The IARLJ Constitution, Part 1, Section 2(1), requires that its members commit to promoting "within the judiciary and quasi-judicial decision makers world-wide a common understanding of refugee law principles and to encourage the use of fair practices and procedures to determine refugee law issues." To better realize the overall mission of the Association and to maximize the use of the Association's scarce resources, the Working Parties should limit their research activities between World Conferences to studying narrowly defined research questions, issues or problems, with the objective of developing recommendations that could be presented and adopted as resolutions at IARLJ General Meetings. Resolutions that are adopted at the IARLJ General Meetings could then be presented as guidelines that could promote the standardization of practice procedure and interpretation of refugee law throughout the world.

It is anticipated that the Working Parties will find it valuable to work through the IARLJ's Regional Chapters at the same time as they are working on their research issues or problems internationally. There are currently two active IARLJ Regional Chapters, Europe and Australia - New Zealand, with two others that are in the process of being established, Africa and the Americas.

The selection of narrowly defined research questions, issues or problems should be undertaken in a strategic way in order to have the greatest impact on the promotion of standardization of practice procedure and interpretation of refugee law and practice throughout the world. The following procedure is suggested for utilizing this strategic approach to the Inter-Conference Working Parties Process.

1. Working Party Rapporteurs, in conjunction with the participants of their Work Party, will be required to formulate a narrow research question, issue or problem that can be thorough examined, researched, and studied over an 18 to 20 month period. Working Party Rapporteurs should bear in mind that their Working Party would also be required to formulate recommendations that could be presented as a resolution at the forthcoming IARLJ General Meeting.

2. Working Party Rapporteurs will then submit their narrow research questions to the Coordinator of the Inter-Conference Working Party Process for review and comment. The Coordinator of the Inter-Conference Working Party Process will then convene a meeting of the Rapporteurs, whether face-to-face, videoconference or teleconference, for the specific consideration of all Working Parties' narrow research questions. Working Party research questions deemed acceptable will then be submitted to the IARLJ Executive Committee for approval.

3. Once these have been approved by the of the IARLJ Executive Committee, the Working Party Rapporteurs will be asked to operationalize their narrow research questions into a practical research design and plan that specifies the methodology and analysis to be employed and the timeframes for completing the different stages of their overall research design and plan.

4. Each Working Party Rapporteur will be requested to prepare a "Rapporteur's Report" on their Working Party's activities between IARLJ World Conferences for presentation at the forthcoming IARLJ World Conference. Their "Rapporteur's Report" should include their Working Party's recommendations on the narrow research questions approved by the Association.

5. Each Working Party will also be responsible for presenting a Conference Paper and/or other submissions and materials in support of their Working Party's recommendations, contained in their Rapporteur's Report, and where appropriate shall be formulated as resolutions for presentation at the IARLJ General Meeting held following the World Conference.

The Coordinator of the Inter-Conference Working Parties Process will convene Rapporteurs international teleconference calls every six months for the purposes of obtaining reports from the Working Party Rapporteurs on their progress in completing their Working Parties' research designs and plans.

The Coordinator of the Inter-Conference Working Parties Process will also convene face-to-face meetings of the Rapporteurs at Regional Chapter meetings of the Association and other IARLJ seminars, workshops or Conferences where Rapporteurs and other Working Party participants would be in attendance. The Coordinator of the Inter-Conference Working Party Process will also convene a face-to-face meeting of the Working Party Rapporteurs and interested Working Party participants at IARLJ World Conferences.

It is anticipated that the Coordinator of the Inter-Conference Working Party Process will hold four international teleconference calls for the Working Party Rapporteurs between October 2003 and the next IARLJ World Conference in 2005. These international teleconference calls will be held about six months apart: October 2003; May 2004; November 2004, and early 2005. The last international teleconference call will be held to ensure that all reports, materials and submissions have been properly received and to finalize plans for the face-to-face meeting at the IARLJ World Conference. The projected cost for these hour-long international teleconference calls would be about $500 (Canadian).

May 2003