Al in Resettlement Processes: A Discussion on Its Benefits, Risks and Legal Consequences Date: July 20, 2023 Presented by: Dr Meltem Ineli Ciger, Jean Monnet Fellow, Migration Policy Centre, European University Institute Associate Professor, Suleyman Demirel University Faculty of Law Outline 1. What is resettlement? 2. Resettlement and International law 3. Resettlement and EU law 4. The existing and potential use of modern technologies in resettlement processes, an analysis on risks and benefits What Is Resettlement? - No universal definition of 'resettlement' exists - "Resettlement involves the selection and transfer of refugees from a State in which they have sought protection to a third State which has agreed to admit them as refugees - with permanent residence status." UNHCR Resettlement Handbook (2011) - "Apart from being a tool for protection of and solutions for refugees, resettlement is also a tangible mechanism for burden and responsibility-sharing and a demonstration of solidarity." Global Compact on Refugees (para 90) - Resettlement is one of three traditional durable solutions: "voluntary repatriation, resettlement and local integration" Global Compact on Refugees (para 90) Who Gets Resettled? 1. Traditionally, resettlement targets refugees as defined by Article 1(A)(2) of the Refugee Convention and in particular vulnerable individuals among refugees. 2. States are free to determine who to resettle and they may as well choose to resettle a broader category of persons in need of international protection than refugees. 3. Refugees resettled especially those resettled under the auspices of UNHCR usually receive permanent residency and have access to civil, political, economic, social and cultural rights similar to those enjoyed by nationals. Resettlement and International Law The absence of a binding duty on states to resettle refugees in international law = States retaining competence to decide if, who and how many persons to resettle: Divergencies between national resettlement policies with regard to: 1. Selection criteria/ eligibility and exclusion criteria, 2. Resettlement procedures (length of procedures etc.), 3. Pre-departure orientation programmes, integration tools, 4. Status granted to resettled persons in the resettlement states Compared to the use of modern technologies in the context of asylum (and protection of refugees) that is regulated by the Refugee Convention, states enjoy more freedom to employ modern technologies in resettlement processes. Why? 1. There is no right to resettlement and resettlement is a discretionary act of states 2. There is no international convention regulating different aspects of resettlement 3. Establishing jurisdiction and responsibility of resettlement states in relation to their resettlement selection missions in first countries of asylum is nearly impossible. Resettlement in the EU  Resettlement in the European Union has been traditionally implemented through national resettlement programmes or ad hoc initiatives  Selection of refugees to be resettled usually includes refugee status determination and a vulnerability assessment. Many MS also factor in the integration prospects of the refugee and take into account his/her health conditions, vocational skills, educational background, language proficiency, cultural or religious background, and ties with the receiving community  To reduce divergences by introducing common procedures, selection criteria and establishing a Union-wide resettlement framework, the European Commission submitted a Proposal for a Regulation of the European Parliament and of the Council establishing a Union Resettlement Framework, 13 July 2016  The Permanent Representatives Committee (Core per) adopted a Proposal for Regulation of the European Parliament and of the Council establishing a Union Resettlement and Humanitarian Admission Framework in December 2022. New 2022 Proposal for a Regulation establishing a Union Resettlement and Humanitarian Admission Framework  differentiates between resettlement (should be based on UNHCR referral, beneficiaries should be given international protection) and humanitarian admission (can be based on UNHCR, EUAA or other IO referral, can be given either international protection or national humanitarian status)  foresees amendment of the EURODAC Regulation to ensure that Member States may store data of resettled persons in the EURODAC system for five years  introduces time limits for resettlement procedures (8 months (+4 months) for ordinary procedure) and 4 months (+ 2 months)  Member States may give preference inter alia to third-country nationals or stateless persons with social or cultural links, or other characteristics that can facilitate integration in the participating Member State, provided that this is without discrimination.  No right to appeal a negative resettlement decision Digitilasation Of Resettlement Processes - EU Member States increased the use of digital tools in resettlement during covid pandemic: a number of selection missions moved online to comply with health measures and minimise the risk of infection. However, EUAA concluded that the use of digital tools in resettlement missions did not yield positive results by noting “Digital tools (such as WebEx, Microsoft Teams and Skype) were used for conducting selection interviews and related meetings. Nevertheless, moving to online settings came with many challenges, such as technical issues (poor Internet connection inadequate sound, bad image quality and interruptions), language barriers and the risk of losing trust during the interview phase. On some occasions, online activities were considered less effective and more time-consuming than face-to-face interactions, resulting in less cases being processed per day. To overcome logistical issues related to online settings, close cooperation with national authorities of the country of first asylum, UNCHR and the IOM were established during the year.” - A new mobile application called "(Re)Settle in Croatia" was made available on Google Play and Apple Store as of July 2021. The free mobile application, which is available in Arabic, Croatian, English, and Kurdish Kurmanji, provides useful information to resettled refugees on their rights services available, such as health care, education and work) and an audio-dictionary. (Source: EUAA Annual Report 2022, EMN Report I and II) The Existing Use Of Al: Matching Algorithms In 2018, Bansak et al. came up with an algorithm which uses a combination of machine learning and optimal matching to assign refugees to certain locations in the resettlement state where they are more likely to find employment and have a better chance for integration. (Kirk Bansak, Jeremy Ferwerda, Jens Hainmueller, Andrea Dillon, Dominik Hangartner, Duncan Lawrence, Jeremy Weinstein, 'Improving Refugee Integration through Data-Driven Algorithmic Assignment' (2018) 359/6373 Science 325-329) Jones and Teytelboym in a 2018 article proposed a centralized matching system which takes into account the preferences of refugees as well as local communities in determining where exactly refugees would be resettled. (Will Jones and Alexander Teytelboym, "The Local Refugee Match: Aligning Refugees' Preferences with the Capacities and Priorities of Localities' (2018) 31(2) Journal of Refugee Studies 152-178). Potential Use Of Modern Technologies As Information And Integration Tools The use of Al-based 'chatbots' or virtual assistants to inform the resettlement candidates on the resettlement process (pre-arrival) and as integration tools (after arrival). 1. Low risk of human rights violations 2. It can enable the resettlement candidates to better understand the resettlement process and their rights, and faciliate their access to information (pre-arrival) 3. It can improve access of resettled refugees to rights and facilitate their integration to the host societies (after arrival) Potential Use Of Modern Technologies In Selection Of Refugees To Be Resettled The use of Al based tools in conducting eligibility and exclusion assessments for resettlement (selection of refugees to be resettled based on the criteria invoked). 1. For now UNHCR has no plans to use Al in the context of resettlement 2. Resettlement states in the future might experiment with Al based tools for cas management, conducting eligibility and exclusion assessments, security checks... 3. Benefits: it might lead to faster decision making, enable high volume of applications to be decided in a quick manner and might contribute to the uniform decisions for similar cases 4. Both benefits and the risks would eventually depend on the role of Al in rendering a decision and the involvement of the end user. However, there are risks: 5. Lack of transparency in decision making, can increase bias, violate equality and nondiscrimination principles, the right to data protection and privacy (collecting data on resettlement candidates or resettled refugees usually involves vulnerable individuals) and due process rights... Potential Use Of Matching Systems For Integration Fostering The use of Al and emerging technologies for matching refugees with places in the resettlement states to integration fostering. 1. The use of softwares and programmes which aim to match refugees with locations in the resettlement state where they have a better integration prospect does not present a major human rights problem and does not violate any refugee or human right principles 2. However, as Molnar and Gill rightly point out that the use of such systems may also exacerbate inequalities by placing refugees with the least prospect of success into under-resourced areas. (Petra Molnar and Lex Gill, Bots at the Gate: p. 50).