Seminar: Refugees and Asylum Seekers: Challenges to Legal Aid in the
European Space

UNHCR, in cooperation with the Constitutional and Legal Policy Institute,
Hungarian Helsinki Committee, CEU and ELTE Universities, will be hosting the
second annual European Refugee Law Clinics Seminar from 3-5 December in
Budapest Hungary.  The seminar will address issues related to difficulties
facing legal aid providers, innovatove protection solutions and a visit to a
refugee law clinic.

For further information please contact Michael Huffmaster:
[log in to unmask], Tel.: 0043 1 26060 5548

The draft agenda (subject to change) is as follows:

Refugee Law Clinics European Seminar II
3-5 December 2000 (subject to change)
Budapest Hungary

Legal Aid 2000: Challenges Facing Legal Aid Providers
The Refugee Law Clinic as a Protection Solution


Introduction

To the legal aid provider, protection of those in need (asylum seekers,
refugees and others) is at the same time an abstract notion and a concrete
set of actions and procedures. It is abstract in that a State, party to the
1951 Refugee Convention, can meet its obligation to the international
community by accepting refugees and providing them with protection. It is
also abstract in that protection speaks to a human need that cannot be
qualified. It is a theme that guides us, motivates us and, at times,
frustrates us.
Protection is a concrete notion in that the legal aid providers, State
agencies, NGOs, or UNHCR, through their lawyers, counsellors, protection
officers, students or volunteers, are the ones who undertake the
interviewing, the counselling, the research of country of origin information
and the ultimate representation of the asylum seeker, all in an effort to
assist the State in providing its protection. This is often a difficult and
challenging process for the legal aid provider as well as the asylum seeker.
It is emotional, conflict ridden and consumes a great deal of human and
financial resources. But it is a necessary process, not only due to the
obligation of States, but because of all the abstract reasons that lead us
to believe that the protection of asylum seekers and refugees is a right.
In the EU and in those states on the road to EU association or membership,
the developing EU acquis on asylum has made legal aid a less abstract
concept. Standards are being set with regard to asylum procedures, the role
of State legal aid providers and the quality of protection provided. In
parallel, State and non-State legal aid providers are exploring ways to meet
the growing human, material and financial resource needs associated with
protection. One such approach has been the development of refugee law
clinics.
This seminar, the second of its kind, will focus on the current challenges
facing those providing legal aid for asylum seekers and refugees. This
seminar will also provide participants with the recent achievements in the
field of legal aid standard setting, refugee law training and legal aid
management undertaken in the context of the various refugee law clinics in
operation. This will include a visit to an active refugee law clinic and
discussions with refugee law clinic practitioners.

Aims: To review current legal aid systems, standards and capacities for
asylum seekers/refugees in Europe
To address the assumptions regarding minimum standards of legal aid and
capacities for legal aid systems in Europe
To discuss the role and potential of refugee law clinics in national and
regional legal aid structures
To present and discuss the preliminary results of the curriculum, management
and legal aid working groups established at the May clinics seminar
To visit an active refugee law clinic and to meet with the practitioners and
students

Preparation: Resource persons should prepare an outline of their
presentations/papers prior to the workshop (final versions will be included
in the report of the seminar)
Participants should prepare an overview of legal aid for asylum seekers and
refugees in their country (who provides, who pays, number of cases,
standards applied etc.). This will compiled and distributed
Participants should chose their working groups prior to the conference,
contact the facilitators of each group and receive relevant material

Output: Conclusions on standards, roles and capacities concerning legal aid
for asylum seekers/refugees
Refugee Law Clinic management and legal aid guidelines
Report on the proceedings
Further links between established and developing legal aid programs
('Twinnings')

Follow-up: Implementation and monitoring of guidelines
Cross-border and regional cooperation between legal aid providers
Development of new clinics
Donor coordination/fundraising strategies
Identified needs, workshop themes and leaders

Hosts: UNHCR-COLPI-Hungarian Helsinki Committee-CEU

Supporting Partners: ECRE, Caritas Austria, Protestant Refugee Service
Austria, Lawyers Committee for Human Rights, Catholic Charities, ELTE
University, Jagiellonian University, University of Warsaw, University of
Latvia, Concordia University, Charles University, Oxford University,
University of Salzburg, American University,

Main sponsors: COLPI, UNHCR, Hungarian Helsinki Committee, Budapest Rapid
Transit, Austrian Airlines

Resource persons: lawyers, NGOs, State and UNHCR representatives, clinic
management experts, curriculum, legal aid and management group leaders
Resource persons and facilitators for the Round Tables and Working Groups
will be announced in October

Participants: European (CEBS, CIS, EU, EFTA, Stability Pact), North American
and other legal aid providers and clinicians


Day 1 "QUALITY LEGAL AID IN A FAIR AND EFFICIENT EUROPEAN ASYLUM SYSTEM"

Morning: Opening plenary and addresses
Keynote address: Oxford University (subject to change)

Round Tables: Current Challenges: Shaping Legal Aid

Round Table I: Access to the territory and the procedure, legal aid for
asylum seekers in detention (pre-procedure issues)
- What difficulties are faced in providing legal aid to asylum seekers
before legal proceedings begin?
- What solutions have been found?
- How does the provision of legal aid in the pre-procedure effect the
procedure?

Round Table II: The Eligibility Procedure and Appeals (procedure issues)
- What challenges do State legal aid providers face?
- When is State-provided legal aid best complemented by NGOs?
- How does funding influence the ability to provide legal aid?
- How does the quality of legal aid provided in the first instance effect
the decision-taking process?
- How are students of refugee law made aware of these issues?

Round Table III: Integration, Voluntary Repatriation & Deportation
(post-procedure issues)
- What special concerns apply to legal aid for recognized refugees?
- Where do State obligations end and NGO responsibilities end?
- What options do asylum seekers and refugees have when facing
deportation/forcible return?
- What is the role of students during the various stages of integration?

(Resource persons for each Round Table should address these and other
questions during their brief presentations. Participants should be prepared
to discuss these issues and raise other points relevant to the discussion.
The facilitator in each Round Table will be expected to encourage
discussion, help to provide focus and summarize main points and conclusions)

Afternoon: Continued round tables and plenary reports

Day 2 "SUPPORT FOR QUALITY LEGAL AID INTO THE FUTURE"

Morning: Opening plenary

UNHCR: Capacity-building strategies for quality legal aid in Europe
EU: How to guarantee access to quality legal aid in the evolving European
asylum system
ARSI/ECRE/ELENA: The role of the NGOs, lawyers and networks in guaranteeing
quality and capacity
Hungarian Helsinki Committee and Jagiellonian University: The potential of
clinics (suggested topics)

Working Groups: Developing Legal Aid Standards

Group I: Refugee Law Curriculum Development
- What are some successful ways to approach the Refugee Definition?
- Which methodologies are most relevant for varied target groups?
- What emphasis should be placed on national vs. international law?

Group II: Law Firm/Legal Clinic Management
- What are the similarities between a law office, legal clinic and an NGO
providing legal aid?
- How do improved managerial practices positively influence the quality of
legal aid provided?
- How can a law firm or legal clinic assess its own management
effectiveness?

Group III: Minimum Standards for Lawyers, Professional Responsibility,
Ethics and Obligations
- Who determines standards?
- What criteria should determine case selection?
- How can legal aid providers ensure high professional standards?

(Resource persons for each Working Group should provide an update on the
work completed to date. Participants are expected to bring experiences,
material and lessons learned from their own practice and observation to the
discussion. The facilitator will be expected to encourage discussion,
emphasize lessons-learned and existing initiatives, and summarize main
points and conclusions)

Afternoon: Continued working groups and plenary reports

Day 3 "LEGAL AID IN ACTION"

Morning: Visit to a Refugee Law Clinic - demonstration by clinic staff,
discussion

Closing address: UNHCR DIP

(A small working group will meet at the closing of the workshop to discuss
further plans for 2001-2002. Please contact the organizers of the seminar if
you are interested in attending)








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