SIERRA LEONE PASSES NEW REFUGEE ACT

UNCLAS SECTION 01 OF 02 FREETOWN 000330

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR AF/W

E.O. 12958: N/A
TAGS: PREL PHUM PGOV SL
SUBJECT: SIERRA LEONE PASSES NEW REFUGEE ACT


SUMMARY
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1. (U) On May 16, PolOff met with representatives from UNHCR
to discuss Parliament's recent passage of a new Refugee Act
and to receive an update on the current status of Liberian
refugees in Sierra Leone. On May 3, Parliament passed a new
Refugee Act that creates a legal framework for the GoSL to
assume responsibility for determining the legal status of
individuals applying for asylum in Sierra Leone. UNHCR
officials said as of May 8, there were 20,814 Liberians in
eight camps located in the south western part of the country
in Bo and Kenema districts. There is an additional urban
refugee caseload consisting of some 5,000 refugees in the
towns of Freetown, Bo, and Kenema. Three options currently
exist to address the refugee situation in Sierra Leone: 1)
repatriation to the country of origin; 2) local integration;
and 3) resettlement to a third country. However, with the
recent return of stability in Liberia, repatriation remains
the key durable solution for the current caseload. UNHCR will
provide assistance to increase absorption capacity in refugee
hosting areas in Sierra Leone. END SUMMARY.

PARLIAMENT PASSES REFUGEE LAW
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2. (U) On May 3, Parliament passed the Refugees Protection
Act. UNHCR has worked with the GoSL since 2002 to enact a
national refugee law and was instrumental in ensuring passage
of the legislation. UNHCR officials pointed out the new law
provides a legal framework that will enable the GoSL to
assume responsibility for determining the legal status of
individuals applying for asylum, a role which the UNHCR had
played in the past. The new law also calls for the
establishment of a national refugee authority, implementing
agency, and appellate authority. UNHCR officials noted the
GoSL will need additional assistance to create these
institutions and train personnel to staff them.

THOSE WHO DECIDED TO RETURN TO LIBERIA
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3. (U) UNHCR records show that, since October 2004, 21,495
refugees spontaneously returned to Liberia while UNHCR
assisted another 23,378 refugees to return. The bulk of the
population (69 percent) has returned to Lofa county, followed
by Grand Cape Mount (19 percent) and the remaining 12 percent
to other counties, including Gbapolu and, Monteserado, and
the rest of the counties.


4. (U) In the past, returning refugees have typically
traveled between the November to April dry season, as the May
to October rainy season, coupled with poor road conditions,
have hampered voluntary repatriation.
Remaining refugees cite four main reasons for not opting for
voluntary repatriation: 1) lack of adequate schools and free
education in Liberia; 2) lack of adequate medical facilities
in the counties of return; 3) sporadic cases of insecurity in
the counties of return with no tangible police presence to
protect returnees; and 4) unavailability of legal mechanisms
to address matters relating to restitution of property.


5. (U) Mass voluntary repatriation to Liberia is scheduled to
end June 30, 2007, when assistance in Sierra Leone will be
phased out. Food assistance will end (although assistance
will continue to vulnerable individuals) and education
assistance will gradually cease. Health provisions will
remain in place until the end of December 2007.

AND THOSE WHO DECIDED TO STAY IN SIERRA LEONE
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6. (U) Using data compiled from an intentions survey of 4,830
refugees conducted in early 2007, UNHCR estimates that
between 11,000 - 12,000 Liberian refugees may seek to
integrate locally in Sierra Leone, although that figure could
be much higher. According to UNHCR officials, GoSL officials
are amenable to local integration, and UNHCR has held
discussions with GoSL officials in refugee hosting areas.
UNHCR noted some 3,500 Sierra Leonean refugees will be
locally integrated into Liberia.


7. (U) UNHCR plans in the last half of 2007 and during the
year 2008 to support the GoSL to increase the absorption
capacity in the refugee hosting areas through community
support programs. Specific support will include efforts to:
1) assistance to key line ministries at district levels in
the water, sanitation, education and health sectors; 2)
increase refugees' self-reliance by promoting income
generation self-reliance projects in agriculture; 3) provide

FREETOWN 00000330 002 OF 002


support to expand current school facilities; 4) provide
skills training; and 5) rehabilitate refugee camp areas.

RESETTLEMENT
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8. (U) Liberian refugees have been resettled mainly in the
United States, Canada, and Australia. Between 2005-2006,
UNHCR resettled nearly 1,400 Liberians in the United States.
It expects to resettle another 250 in the U.S. over the next
two years.

COMMENT
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9. (SBU) Although the UNHCR program is scheduled to run
through 2009, there is cause for concern whether the GoSL
possesses sufficient capacity to establish the structures set
forth by the new law to integrate refugees following the June
30 deadline. Significant assistance from UNHCR will be
necessary to increase the country's absorption capacity and
overcome the challenges brought about by continuing fiscal
woes and poorly-trained, ill-paid and unmotivated public
servants. Implementation of this new law will likely be
similar to the struggles the GoSL has encountered in
executing programs to combat trafficking in persons following
the 2005 passage of the Anti-Trafficking law in 2005.
However, the GoSL should be commended for passing this needed
legislation. END COMMENT.
HULL