11.3 UNHCR and Other Protective Mechanisms
4 min read•july 31, 2024
The plays a crucial role in protecting refugees worldwide. Established in 1950, it operates under the , providing aid, conducting refugee status determinations, and seeking durable solutions like resettlement and .
UNHCR faces challenges like , funding shortfalls, and emerging issues like climate-induced displacement. It collaborates with UN agencies, NGOs, and governments to address these complex humanitarian crises and ensure refugee rights are protected.
UNHCR's Mandate and Role
Establishment and Legal Framework
Top images from around the web for Establishment and Legal Framework
Document - Crisis in the Sahel: UNHCR emergency and protection response View original
Is this image relevant?
Document - UNHCR Guidelines on international protection : Application of the 1951 Convention and ... View original
Is this image relevant?
Document - UNHCR DRC - Protection Strategy for IDP Response in DRC View original
Is this image relevant?
Document - Crisis in the Sahel: UNHCR emergency and protection response View original
Is this image relevant?
Document - UNHCR Guidelines on international protection : Application of the 1951 Convention and ... View original
Is this image relevant?
1 of 3
Top images from around the web for Establishment and Legal Framework
Document - Crisis in the Sahel: UNHCR emergency and protection response View original
Is this image relevant?
Document - UNHCR Guidelines on international protection : Application of the 1951 Convention and ... View original
Is this image relevant?
Document - UNHCR DRC - Protection Strategy for IDP Response in DRC View original
Is this image relevant?
Document - Crisis in the Sahel: UNHCR emergency and protection response View original
Is this image relevant?
Document - UNHCR Guidelines on international protection : Application of the 1951 Convention and ... View original
Is this image relevant?
1 of 3
- UNHCR established in 1950 by UN General Assembly to provide international protection to refugees and find durable solutions
- 1951 Refugee Convention and form legal basis for UNHCR operations
- Define refugee qualifications
- Outline rights of displaced persons
- Mandate expanded over time to include (IDPs), , and other persons of concern
Core Principles and Activities
- Operates on principles of , impartiality, and
- Ensures protection against forced return
- Provides non-discriminatory aid
- Engages in emergency response and long-term support
- Provides shelter, food, water, healthcare to refugees in crisis situations (Syrian refugee camps in Jordan)
- High Commissioner leads UNHCR as primary global advocate for refugee rights
- Works with host governments, partners, and UN agencies to coordinate refugee programs
- Collaborates on refugee resettlement (US Refugee Admissions Program)
Protective Mechanisms for Refugees
Refugee Status Determination
- (RSD) assesses if meet legal refugee criteria
- UNHCR conducts RSD in countries not party to 1951 Refugee Convention
- Ensures protection for those fleeing persecution (Rohingya refugees in Bangladesh)
- Implements in mass influx situations
- Offers immediate aid without individual status determination (Ukrainians fleeing to Poland in 2022)
Durable Solutions
- identifies most vulnerable refugees for permanent relocation
- Relocates refugees to third countries when repatriation or not viable (Bhutanese refugees resettled from Nepal to USA)
- Voluntary repatriation programs facilitate safe return when home conditions improve
- Supports refugees returning to countries of origin (Angolan refugees returning from Zambia)
- Local integration initiatives secure legal, economic, social rights in host countries
- Helps refugees unable to return home integrate into new societies (Syrian refugees in Turkey)
Specialized Protection Programs
- Targeted support for vulnerable groups
- (separated children from South Sudan in Kenya)
- Survivors of sexual and (Congolese women in Uganda)
- Individuals with specific (refugees with disabilities in Lebanon)
UNHCR Collaboration in Refugee Crises
Partnerships with UN Agencies
- Works with (IOM) on mixed migration and resettlement
- Collaborates with (WFP) to ensure refugee food security
- Partners with to provide education for refugee children
- Coordinates with Office of the High Commissioner for Human Rights (OHCHR) on protection concerns
Regional and International Cooperation
- Engages with regional bodies to develop refugee response frameworks
- (Comprehensive Refugee Response Framework in Ethiopia)
- (EU-Turkey deal on Syrian refugees)
- Works with World Bank on development approaches for protracted refugee situations
- Jordan Compact for Syrian refugees
- Participates in (IASC) for coordinated humanitarian response
- Yemen crisis response coordination
Non-Governmental Partnerships
- Collaborates with NGOs and civil society for on-the-ground program implementation
- Partners with Save the Children for education programs in refugee camps
- Works with Médecins Sans Frontières for healthcare provision in emergency settings
Challenges for UNHCR
Operational Constraints
- Protracted refugee situations strain resources and challenge traditional models
- Palestinian refugees in long-term camps
- Funding shortfalls limit capacity to respond to multiple crises
- Underfunded appeals for Rohingya refugee response
- Navigates complex political landscapes and security concerns in conflict zones
- Balancing humanitarian needs with operational risks in Syria
Emerging Global Issues
- creates new protection challenges
- Pacific Island nations facing rising sea levels
- Increasing hinders protection and durable solutions
- Restrictive policies in some European countries
- Politicization of refugee issues complicates UNHCR's non-political mandate
- Debate over in the European Union
Protection Challenges
- Ensuring and preventing refoulement amid prioritized border security
- Push-backs of asylum seekers at the US-Mexico border
- Adapting to new forms of displacement not covered by traditional refugee definitions
- Venezuelans fleeing economic collapse
- Maintaining humanitarian character while engaging with political actors
- Negotiations with governments for refugee access and rights
Key Terms to Review (27)
1951 Refugee Convention: The 1951 Refugee Convention is a key international treaty that defines who qualifies as a refugee, outlines the rights of refugees, and establishes the legal obligations of states to protect them. This convention is foundational for international refugee law and addresses various aspects of refugee status, asylum processes, and the responsibilities of states and organizations towards individuals fleeing persecution.
1967 Protocol: The 1967 Protocol is a significant international agreement that expanded the scope of the 1951 Refugee Convention by removing geographical and temporal limitations on refugee status. By doing so, it allowed for the recognition of refugees who fled conflicts and persecution outside of Europe and after 1951, thus broadening the definition of who qualifies as a refugee and ensuring protection for a greater number of displaced individuals worldwide. This protocol has played a crucial role in shaping the legal landscape for refugees, asylum seekers, and internally displaced persons.
African Union: The African Union (AU) is a continental organization founded in 2001, aimed at promoting unity and cooperation among African states to enhance peace, security, and development across the continent. It plays a critical role in the African human rights system by establishing frameworks for governance and human rights, and it also works alongside entities like the UNHCR to protect and assist refugees and displaced persons throughout Africa.
Anti-refugee sentiment: Anti-refugee sentiment refers to negative attitudes and beliefs directed towards refugees, often resulting in hostility, discrimination, and social exclusion. This sentiment can stem from various factors, including economic fears, cultural differences, and perceived threats to national identity. It significantly impacts the protection mechanisms and policies surrounding refugees and their treatment by states and societies.
Asylum access: Asylum access refers to the ability of individuals fleeing persecution to seek refuge and protection in another country. It encompasses the legal and procedural frameworks that govern how individuals can apply for asylum, the rights they have while their applications are being processed, and the conditions under which they may be granted or denied asylum. Understanding asylum access is crucial for recognizing how international organizations and states respond to refugees and displaced persons.
Asylum seekers: Asylum seekers are individuals who flee their home country and seek international protection in another country due to a well-founded fear of persecution. They often face threats based on factors such as race, religion, nationality, political opinion, or membership in a particular social group. The process of seeking asylum is crucial in international human rights frameworks, especially regarding the responsibilities of states and organizations to protect vulnerable populations.
Burden-sharing: Burden-sharing refers to the distribution of responsibilities and resources among countries or organizations to address shared challenges, particularly in the context of refugee protection and assistance. This concept is crucial in international refugee law and cooperation, as it emphasizes the need for equitable sharing of the responsibilities involved in hosting and supporting refugees among nations, rather than placing the entire burden on a few countries. This idea plays a significant role in the work of organizations dedicated to the protection and welfare of refugees.
Climate change-induced displacement: Climate change-induced displacement refers to the forced movement of individuals or communities as a direct result of the impacts of climate change, such as rising sea levels, extreme weather events, and changing environmental conditions. This phenomenon highlights the growing intersection between human rights and environmental issues, emphasizing the need for protective mechanisms to address the vulnerabilities faced by displaced populations.
European Union: The European Union (EU) is a political and economic union of 27 European countries that are located primarily in Europe. Established to foster economic cooperation and prevent conflict in post-World War II Europe, the EU has developed a wide range of policies affecting trade, immigration, and human rights, creating a unique framework for cooperation among its member states.
Gender-based violence: Gender-based violence refers to harmful acts directed at individuals based on their gender, which can manifest in physical, sexual, emotional, or psychological forms. It is rooted in gender inequality and power imbalances, affecting mainly women and girls, but also impacting men and boys. This form of violence is a violation of human rights and often requires coordinated responses from legal systems, protective mechanisms, and social services to effectively address and prevent it.
Humanitarian assistance: Humanitarian assistance refers to the material and logistical support provided to individuals and communities affected by crises, such as armed conflict, natural disasters, or epidemics. This support is aimed at saving lives, alleviating suffering, and maintaining human dignity, and often includes food, water, medical care, shelter, and protection services. It is a crucial part of international responses to emergencies, with organizations working to ensure that those in need receive timely help.
Inter-Agency Standing Committee: The Inter-Agency Standing Committee (IASC) is a forum of the key UN and non-UN humanitarian partners, created to improve the effectiveness of humanitarian response by enhancing collaboration and coordination among its members. It includes various UN agencies, international organizations, and non-governmental organizations that work together to address humanitarian crises and ensure that affected populations receive timely assistance.
Internally displaced persons: Internally displaced persons (IDPs) are individuals who have been forced to flee their homes due to conflict, violence, human rights violations, or natural disasters but remain within their country's borders. Unlike refugees, IDPs do not cross international borders, which creates distinct legal and protective challenges for their safety and wellbeing. The situation of IDPs is often a reflection of broader issues in the context of international protection frameworks and mechanisms that aim to uphold human rights.
International Organization for Migration: The International Organization for Migration (IOM) is an intergovernmental organization established in 1951 to provide services and advice concerning migration to governments and migrants alike. It focuses on the management of migration, ensuring humane and orderly migration while addressing the challenges faced by migrants worldwide. IOM plays a significant role in shaping international migration policy, particularly in relation to refugees and displaced persons, as well as offering critical support mechanisms for their integration and resettlement.
Local integration: Local integration refers to the process by which refugees or displaced persons are allowed to settle and become part of the host community, gaining rights and access to social, economic, and cultural opportunities. This approach emphasizes the importance of empowering individuals and families to rebuild their lives within the communities they have sought refuge, fostering coexistence and mutual benefit between refugees and local populations.
Medical needs: Medical needs refer to the health-related requirements of individuals, particularly those who are vulnerable or in crisis situations, such as refugees and displaced persons. These needs encompass access to essential healthcare services, medications, vaccinations, mental health support, and basic sanitation to ensure overall well-being and the prevention of disease.
Non-refoulement: Non-refoulement is a fundamental principle in international refugee law that prohibits the return of individuals to countries where they may face persecution, torture, or other serious harm. This principle serves as a critical safeguard for the protection of refugees and asylum seekers, ensuring that their safety is prioritized over the interests of states in controlling immigration and managing borders.
Protracted Refugee Situations: Protracted refugee situations refer to scenarios where refugees are unable to return to their home country or integrate into the host community for an extended period, typically five years or longer. These situations often arise due to ongoing conflict, persecution, or instability in the refugees' home countries, leading to a prolonged state of displacement that can severely impact their rights and well-being.
Refugee status determination: Refugee status determination is the legal process through which an individual seeks recognition as a refugee under international law. This process typically involves evaluating the applicant's circumstances to assess whether they meet the criteria defined by the 1951 Refugee Convention, which requires a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
Resettlement program: A resettlement program is a formal initiative designed to provide a safe and permanent solution for refugees by relocating them from host countries to third countries that are willing to accept them. These programs aim to alleviate the burden on countries that host large numbers of refugees while ensuring that individuals find lasting safety and protection. Resettlement is often seen as a critical component of international refugee protection strategies, offering a pathway for refugees to rebuild their lives in a new environment.
Stateless Individuals: Stateless individuals are persons who are not considered nationals by any state, meaning they do not possess the legal rights and protections that come with citizenship. This situation can arise due to various factors, including changes in nationality laws, state succession, or discrimination against particular groups. Statelessness can lead to a lack of access to basic rights such as education, healthcare, and employment, making it a significant issue addressed by international bodies.
Temporary protection: Temporary protection refers to a legal status granted to individuals fleeing conflict, violence, or serious human rights violations in their home countries, allowing them to stay in another country for a limited period of time. This mechanism is often utilized in situations where immediate refugee status cannot be granted but where there is a need to provide urgent humanitarian assistance and safety to vulnerable populations.
Unaccompanied minors: Unaccompanied minors are children under the age of 18 who migrate without the presence or care of a legal guardian or adult responsible for their well-being. These children often flee situations of violence, persecution, or poverty in their home countries, seeking safety and a better life elsewhere. The protection and rights of unaccompanied minors are critical issues addressed by international organizations and countries, highlighting the need for appropriate mechanisms to safeguard these vulnerable individuals.
UNHCR: The UNHCR, or United Nations High Commissioner for Refugees, is a UN agency mandated to protect and support refugees and displaced persons worldwide. It plays a crucial role in defining the rights of refugees, coordinating international responses to refugee crises, and providing humanitarian assistance to those in need. The UNHCR also engages in promoting durable solutions for refugees, such as repatriation, local integration, or resettlement in third countries.
UNICEF: UNICEF, or the United Nations International Children's Emergency Fund, is a specialized agency of the United Nations dedicated to providing humanitarian and developmental assistance to children and mothers in need around the world. Established in 1946, UNICEF aims to protect children's rights, improve their living conditions, and ensure their access to education, healthcare, and nutrition, thereby playing a vital role in the evolution of international human rights as they pertain to children.
Voluntary repatriation: Voluntary repatriation refers to the process in which refugees or displaced individuals choose to return to their home country willingly, often after conditions have improved and it is safe for them to do so. This concept highlights the importance of the autonomy and agency of individuals in making decisions about their return, as well as the role of international organizations in facilitating this process, especially during times of conflict or instability.
World Food Programme: The World Food Programme (WFP) is a United Nations agency that provides food assistance and nutrition support to people in need around the world. It plays a critical role in addressing hunger and malnutrition, particularly in conflict zones and areas affected by natural disasters, through direct food aid and innovative programs aimed at improving food security and nutrition.