Pontifical Council for the Pastoral Care of Migrants and Itinerant People

Towards a Pastoral Care of Refugees^[1]

The pastoral care of the Church, which is deeply involved in the increasing Refugee problem, which, in certain places is becoming less and less of a temporary problem and seems to exceed every project of aid and to overflow economic, political and geographical boundaries, feels the pressing need to recall to mind the guidance of the ordinary and extraordinary Magisterium, and to stress various points in the hope that these " voiceless injustices "[2] will be wiped out and that the dignity and worth of each human being will be protected. It is particularly the weakest and most helpless beings who are attacked and humiliated in this respect.

Today every continent is afflicted by this tragedy, and so, despite the most praiseworthy efforts, the generous aid of individuals and national and international organizations which have shown themselves to be especially sensitive to the " countless and terrible sufferings of refugees "[3] is not enough.

In order to deal properly with the problem, from a socio-economic and above all a human point of view, the cooperation of all international communities and the well-organized presence of all available forces are necessary, not only to relieve temporary hardships and injustices, but to prevent them from arising and to uphold the basic rights of mankind. " It is necessary to use every possible means to ensure that these rights are respected by those in power and who have the duty to do so and, at the same time, to develop an awareness of the fundamental human rights and freedoms in all people. We must appeal for the co-operation of every individual, so that these principles are respected by all, everywhere and for everybody "[4]

1. The existence and the dimensions of the tragedy

Causes 

1. The Refugee problem is one of the most emblematic and tragic aspects of the mobility of peoples this century.
" Of all the tragedies of our times, this is perhaps the greatest ", has said our Holy Father John Paul II (21-2-82).
Millions of people are crushed by the weight of suffering and the lack of essential requirements: they exist in conditions of unimaginable deprivation, with problems of every kind.
Wars, ecological disasters, famine, totalitarian regimes, ideological intolerance, repressions and persecutions, all create these chaotic waves of outcasts, who are torn away from their homes and the things they love, and who wander about, clinging to the threadbare hope of finding a safe place in which to piece their lives together once more.
And this flood of people is increasing instead of diminishing.

2. The sensational reverberations of the mass flight of the peoples of South East Asia had led to hopes that similar causes and tragedies would not be repeated. Instead, the Vietnamese and Cambodian boat­people have been joined by Afghans, refugees from the Iran-Iraq conflict, peoples from Africa and Central America, the Palestinians and recently the tragic expulsion from Nigeria, not to mention the incessant exodus, a few at a time, from the Third World and Eastern Europe.
Added to the problem of being uprooted from their own countries, refugees are often uncertain of a welcome elsewhere. Help has even been refused to refugees in boats at sea, by ships who were afraid that no country would then allow them to disembark.

Effects

3. The consequences of such tragedies have not been slow in making themselves felt: first of all by individuals, either those responsible for, or victims of, this scourge which, sometimes with sudden violence and unheard of ferocity, often falls on the weak and helpless.
The consequences are as follow:
The shock caused by their flight brings out aggression, guilt or apathy in them; emotional loneliness; anxiety or anguish caused by not knowing the fate of their families; disappointment as a result of idealizing their place of refuge; culture shock caused by new surroundings and mentalities foreign to their own; the collapse of ideals and personal goals; the crumbling of religious ideals caused by impact with other ideologies, etc.
The tragedy and psychological lacerations are accentuated when seen in the reality of the different categories of those affected.

4. The most striking fact is the presence of a vast majority of children and young people of both sexes, with serious problems of health, schooling and education: it is a grave and pressing problem to protect them from discrimination and behavioural anomalies.
Then one must mention the abandoning of old people, the bewilderment of refugee priests, neglected seminarians and the privations of religious sisters. Added to which there is the lack of organization; no protected, official delivery of mail; lack of decent lodging, clothing, documents, work and sanitary controls; a dearth of places set aside for prayer and meditation, religious books in their own language, etc.

5. The flow of refugees has also had considerable effects on those communities which have in some way been involved in this tragedy, and serious juridical, economic, logistical, sanitary, political and religious problems have arisen. The ethnic identity of whole communities has been endangered; at times, the very social and political balance of whole peoples has been threatened. The recent events, which have shaken public opinion, bear witness to this. It is not for nothing that the Holy Father, over and above frequent public appeals, has often purposely called the attention of diplomats and representatives of international bodies to this worrying problem. His words ring almost like a warning: " ... and this extreme, physical, psychological and moral misery will not wait " (25-6-1982).

2. Meeting expectations

6. Often, a culpable veil of indifference and omission is drawn over this distress. Even the media, after the first clamour has died down, almost cease publishing information, as though public opinion were only interested in sensational news items and not in everyday life in its more tragic and complicated aspects.
The national and international organizations, which are involved in one way or another in the task of integration and in solving problems, have financial difficulties, a lack of legislation for dealing with the phenomenon, and a lack of structures and trained personnel. Sometimes they meet with rejection from individuals and sectors of society.

The presence of the Church

7. The Church, working through her various institutions, distributes timely aid to supply the immediate wants of refugees, and in her ministry she is always prompt to indicate the margins of safety in society so as to foresee and avoid the causes of such disasters, and to encourage individuals and organizations to establish solidarity and a close working relationship, so as to awaken public awareness and peoples' consciences with a view to planning and carrying out appropriate action programs.[5]
The Holy See, also through the Pontifical Council " Cor Unum ", has demonstrated and frequently reiterates its concern for Refugees; furthermore, the active presence and service of the Church are witnessed to by the various national and international Catholic Organizations such as Caritas, the International Catholic Commission for Migrations, and so on, which are extremely active together with all the other organizations of the Voluntary Service (ONG).

8. " The Church has the right and the duty to intervene "-the Holy Father has said-" if she wishes to remain faithful to her mission, which, in Christ who was born for us, is directed towards the salvation of the whole man and "; " ... wherever a man is suffering, there Christ suffers in his stead. Wherever a man is suffering, there the Church must be at his side " (22-12-1979). " The Catholic Church holds that helping Refugees is an essential task. "[6]
These and other words pronounced on this subject by the Holy Father, among the most heartfelt which have been spoken in the whole world, are words which cannot be mistaken or misunderstood. They echo the invitation of the Divine Teacher: " Come unto me, all ye that labour and are heavily laden, and I will give you rest "[7] And always, down the centuries, the Church has been present wherever suffering exists.
However, the words of the Holy Father are not the only stimulus with which the Church has dealt with this appalling problem throughout the world.

9. A precise directive was given to the Bishops of the Vatican II Council, that they should have particular care for certain groups among the " faithful, who, on account of their way of life, are not able to benefit fully from the ordinary everyday pastoral care of parish priests or are without it altogether. These include many migrants, exiles and refugees, sailors, airline personnel, nomads and other similar categories ... the Episcopal Conferences, especially national ones, should give earnest attention to the most urgent problems facing the groups mentioned above. Through common agreements and united efforts and by appropriate means and directives, they should cater for their spiritual needs, keeping firmly in mind the instructions already given, or to be given in the future, by the Apostolic See, suitably adapted to suit different times, places and people "[8]
The Council has also made appropriate suggestion to the community of nations and to international organizations, with a view to catering for the various needs of people living an ordinary life in society and also for when there are particular difficulties. [9] Moreover, national and international agreements and conventions on human rights are becoming an efficient juridical means for the protection of refugees.

The legal situation

10. Unfortunately, the legal situation relating to Refugees is not sufficiently adequate to deal with the growing flood of people. Above all, legislation does not conform with the protection of those inalienable human and constituent human rights of the individual, which many nations subscribe to and explicitly uphold in international declarations, but which are not always to be found in their legislation or national practices.
The 1951 Convention with its additional Protocol of 1967 is the only international instrument in. force today for the identification of Refugees. Up to now there exists no international instrument in the field of territorial asylum.

De facto Refugees

11. The consequences of this legal vacuum are obvious: there is a grey zone between the " refugee " and the " emigrant ". These are the so-called " De facto Refugees ", or rather, illegal refugees, (" economic " refugees, irregular emigrants, political dissidents and others) who, for reasons which vary from the political to the social, from the economic to the cultural and so on, have left their countries of origin and have no intention of going back. Their fate is even more desperate than that of the properly so-called refugees, in that, except for a few cases, they are not given any effective legal protection and nor are they cared for by any international organization, either in their countries of origin or in the country where they now live precarious and often illegal or even clandestine existences.

Basic freedom and rights

12. Christian tenets concerning the value and the dignity of man are being given more and more attention in the statutes of positive law relating to the fundamental freedom and rights of man.
This phenomenon has become more marked since the end of the last war: men, having survived the disasters of the war, and being aware of the material and moral misery into which they had fallen, instinctively tried to improve their lot by appealing to the community of nations. The Preface to the Constitutive Charter of the U.N. solemnly proclaims: " We, the Peoples of the United Nations, are determined ... to reaffirm our faith in the fundamental rights of Mankind, in the worth and the dignity of each human being, in the parity of rights between men and women and between nations great and small ... ", a declaration which, as can be seen, is very close to Christian tenets.
The afore-mentioned declaration taken from the Preface to the Constitutive Charter of the U.N. (1945), is followed by the Universal Declaration of Human Rights and by the two International Agreements on Economic, Social and Cultural Rights, and on Civil and Political Rights (1966) respectively, which re-affirm " ... the dignity and the equal and inalienable rights of all the members of the human family ", and declare that, " human rights must be defended by the force of the law ".
Moreover, in the International Agreements of 1966 quoted above, are listed three essential conditions for the application of those rights mentioned therein:

1. individuals must be enabled to benefit from the rights envisaged by the Agreements;
2. the states have a duty to promote universal respect for, and the observance of, these rights;
3. each individual has the duty to promote and observe the application of the basic rights and freedom of the other individuals who live in the same community.

These three clear and unequivocal conditions should carry legal weight as being part of an instrument adopted by the U.N.

Legal Protection of the Refugee

13. The words of the Holy Father quoted above, are significantly reflected in the third condition, which assigns to each individual the right and the duty to act in such a way that the other members of the community are able to benefit from these basic rights. In practice, it is the juridical transposition of the Christian precept of human solidarity, so that pastoral intervention in this area, based on the Christian principle of brotherly love, is legitimized by positive law. And local churches have the right to intervene, being members of the communities in which they operate in order to defend the rights of Refugees. In fact, just by the correct application of internal and international legislation, it is possible to arrive at the effective protection of refugees, especially those who have irregular status-de-facto refugees and illegal immigrants-and to help the refugee to become properly integrated in the community which harbours him, with full respect for his dignity and human worth.

3. Pastoral orientation and action

14. " Without doubt, ‘man-take note-man who is whole in unity of body and soul'[10] is the main goal of the Pastoral care of the Church, But, since the spiritual care of souls must be adapted to the time, it seems very right to stress once again the essential and fundamental rights of each human being, so that the supreme rulers of nations should recognize them, and having recognized them, uphold them: also so that all migrants themselves may realize that they are involved in the duties of citizens and of the community and that they may consider their duties carefully '' [11]
Over and above supplying information, making nations aware of the problem and campaigning for adequate legal measures, the Church, in carrying out her work of salvation and her defence of human dignity, has the irreplaceable task of sustaining the spirit of these uprooted people and of protecting its serenity in all its aspects.

The way of dignity

15. On an operational level, the Holy Father himself has given us a valuable guideline, which is stimulating and constructive for the Refugees themselves: " International aid should be organised "-said the Pope" aid which would not excuse the Refugees from learning to help themselves, a little at a time, because this too is the way of dignity " (25-8-82). Naturally, this encouragement must be given first and foremost to the Refugees, who with hope in their hearts, must raise themselves up out of their prostration and begin to build up their new lives. However, it is also a reference to the line of pastoral activity which recognises and encourages the work of refugee priests who themselves have pastoral care of their fellow refugees.

16. A precise pastoral programme has already been drawn up in the following papers of the Holy See: “Instructio de Pastorali Migratorum Cura " and " Church and People on the Move ".
It would be well to remember here that the situation of Refugees obviously presupposes mutual understanding and close collaboration between the ecclesiastical organisations involved with the problem. This would also help to avoid duplicating activities, but mainly it would serve to coordinate cultural activities with a view to training personnel, to establish doctrinal, juridical, sacramental, liturgical and charitable policy, and to ensure the presence of priests and dedicated laity.
The Episcopal Conferences which, from every continent, have responded to the enquiry instituted by this Pontifical Commission for the purpose of discovering the extent of the world Refugee situation, and also in order to take proper action in accordance with the directives of the Magisterium, are agreed on the necessity of co-ordinating activities.
Aid must not consist solely of " bread ". Jesus, taking pity on the multitudes, " they were like sheep without a shepherd ",[12] even though he multiplied the bread and the fishes, carried his mission far beyond that.
Pastoral activity must be efficient and timely. Often the Refugee's situation is extremely precarious: immediate intervention might mean the saving of human lives. This pastoral activity will not only be limited to emergency aid; it must be articulated as to times, categories and pastoral options in an analysis of the aid required by different people, needs and circumstances.

Responsibility of Local Churches

17. All activities must centre on the local Bishop, the vital pivot of every pastoral program. The involvement of the local Church is indispensable from every point of view, the most important being the timely supplying of information, thus calling attention to urgent issues, making the faithful aware of the need for solidarity and co-ordination and also carrying weight and prestige with the authorities and with public opinion.

18. By exchanging information, the local Church, both in the country of origin and in the host country,[13] can show refugee priests, religious and seminarians, how precious they should hold the gift of a vocation to be, and the mutual desire to safeguard and use it to the greatest effect, thus establishing a relationship based on trust and the recognition of their human and priestly dignity.[14]
While believing that these priests are the best qualified for pastoral work among their unfortunate compatriots[15] they will be assisted by others who will maintain constant contact with the local Church and with Charitable Organizations. In the search for suitable personnel we must not overlook the hope that the female congregations, despite the present scarcity of vocations, may encourage their most suitable candidates to give themselves to the service of Refugees.[16] In this respect some areas, like that of the Philippines, are exemplary.

Defence and Protection of the Individual

19. This network of regulations, aid and personnel may provide a vehicle for the defence of the dignity of the individual, and especially of the weakest and most helpless-children for example. The Church is extremely worried about the serious conditions in which so many Refugee minors live, and urges that their physical, psychological and spiritual conditions be improved as much as possible.
Certain behavioural anomalies, which are the tragic consequences of the interior devastation caused by their traumatic experiences, can be corrected by understanding care and urgent pedagogical action, aiming to develop their individual gifts and talents, to understand their mentalities and to create a loving atmosphere of trust and security around them, thus allowing them to realize that their loneliness has been banished and that a new society is ready to welcome and to respect them.
Educationalists and catechists may be able to find families willing to give effective support in this restorative activity, while every effort must be made to reunite and assist the original family group.[17]
With the same generosity and delicacy, attention will be given to the problems of adults, collaborating with everybody, and respecting their freedom of conscience, their traditions and their culture. " Their own spiritual patrimony ",[18] whatever may be their religious affiliation, " There can be neither Jew nor Greek, there can be neither bond nor free (...) for ye are all one in Christ Jesus ".[19]
In pastoral work for Refugees, the family must be better integrated and be considered a very valuable key to the solution of the various problems. It must not close in on itself but be open to the community, especially to the needy ones; even in the education activity within the family, it must always remember that love for others, which shows itself through welcome, respect and care.[20]
Catechesis, religious practise, personal relations and everything relating to the Christian way of life, will be organized along the lines followed by the Pastoral of Migrants. For the celebration of Mass, for the reservation of the Blessed Sacrament, for the administration of the Sacraments, we will bear in mind the Faculties to Chaplains and Privileges to the faithful granted by this Commission in the " Pro Materna " decree, to facilitate participation in the life of the Church for particular groups of people.[21]

20 Due to the size and complexity of the problem, it is necessary to entrust the constant attention, the bringing up to date of facts and the timelines of interventions, to one body within the Episcopal Conferences the Commission for Migrations.[22]
However vast and detailed a pastoral programme may be, it can never provide for all the various and sometimes unexpected needs; there is always something unforeseen which requires the attention, conscience and care of private initiatives. " Caritas suggeret vobis omnia ", and every Christian activity, leavened by charity, can find and give loving solutions over and above those offered by the organizations.
Thus, with good works, one's Faith will come alive, and he who had lost hope will have the strength to believe once more and to give meaning to his life, illuminated by brotherhood.

Vatican, 14 February 1983.

SEBASTIANO Card. BAGGIO
President

EMANUELE CLARIZIO
Tit. Archbishop of Anzio, Pro-President