resettlement in third countries.327 A key difference is that these inner and outer groups would be
indefinite in order to prevent the full burden of a crisis from landing on the shoulders of one
country in the future—leaving a system in place.328 Furthermore, as “somewhat removed from the
immediate political factors that may lead states to respond in ways that are insensitive or even
hostile to refugee needs,” the UNHCR processes could help by responding directly to the needs of
the entire group.329 As a more impartial source, the UNHCR may be able to apportion burdens
based upon set factors, while also having immediate connections to effective non-governmental
organizations.330 Some of the factors that convergence groups should have in allocating burdens
of offering temporary protection include “security, functional compatibility, cultural harmony,
and geographical proximity.”331 Creating these convergence groups would allow for faster access
by the UNHCR, especially if it participated in the discussions of refugee issues.332
The challenge of temporary protection for individuals and groups who do not meet the
definition of a refugee under the 1951 Refugee Convention arises when regions have great
disparities in processing individuals.333 This can lead to the inability to monitor the protection of
human rights, and without a standard processing system across countries, it is unclear which basic
rights would carry over the Refugee Convention.334 Some believe temporary protection allows
countries to minimize refugee rights;335 nevertheless, the concept may convince Thailand to grant
full access sooner.
Finally, because temporary protection requires countries to share responsibility, by taking
over when a temporary protection period has terminated larger convergence groups may struggle
with implementation. If these groups are to succeed in providing temporary protection by
allocating burdens, the most essential part:
[I]s the ability of any member of an interest-convergence group or the UNHCR
to convene a meeting of the group when faced with a refugee influx with which it
feels support from other countries is warranted. The purpose of the meeting
would be to concretize and operationalize pre-determined criteria for sharing
responsibilities and burdens in a specific context. Members of the group would
bind themselves in advance to attend any such meeting and to negotiate in good
faith the nature of the shared response to the arrival of refugees.336
This is the core of shared responsibility and could be the backing that would make Thailand and
other countries feel comfortable when undertaking an offering of temporary protection.
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327 See, e.g., Nanuam & Laohong, supra note 295.
328 Hathaway & Neve, supra note 262, at 143–46.
329 Id. at 196–97.
330 Id.
331 Id. at 205.
332 Id. at 197 (“This obligation could sensibly be implemented by inviting UNHCR to serve as a secretariat to interest convergence
groups on refugee protection issues. UNHCR should be privy to, and participate in, the interest-convergence groups' discussions of
refugee protection at all times: when general principles for apportioning responsibilities and burdens are being developed, when those
principles are applied in response to the arrival of refugees in a member state, and when respect for refugee rights during temporary
protection and eventual repatriation or resettlement is monitored.”).
333 Akram & Rempel, supra note 275, at 13–14.
334 Id. at 14.
