CHAPTER 1 UNHCR: THE MANDATE AND THE …refugeestudies.org/UNHCR/UNHCR. Mandate and the...CHAPTER 1...

CHAPTER 1 UNHCR: THE MANDATE AND THE ORGANIZATION

Chapter Overview

T his chapter provides information about UNHCR’s mandate from the UnitedNations, to protect and assist refugees and to find durable solutions to theirplight through voluntary repatriation, local integration or resettlement. The

term “refugee” is defined, with a brief description of the various sub-groups protected and assisted byUNHCR and its operational partners. There is an overview of the organization of UNHCR, and anexplanation of the associated terminology. The chapter concludes with a description of UNHCR’soperational role, programme implementation options and the criteria for selecting implementingpartners.

Section 1.1 UNHCR’s Mandate

1. Historical Background .............................................................................................. 32. UNHCR’s Evolving Responsibilities........................................................................ 4

Section 1.2 Protection, Assistance and Durable Solutions

1. International Protection............................................................................................ 72. Refugee Status............................................................................................................ 73. Protection and Assistance........................................................................................ 94. Durable Solutions...................................................................................................... 95. Preventing Refugee Crises........................................................................................ 126. Statelessness............................................................................................................... 13

Section 1.3 Who Are the Refugees, Returnees and Internally Displaced?

1. The Challenge............................................................................................................. 142. Refugee Women and Gender Equality .................................................................... 143. Refugee Children and Adolescents ......................................................................... 174. Refugees with Special Needs................................................................................... 205. Urban Refugees.......................................................................................................... 206. Returnees.................................................................................................................... 22

PARTNERSHIP

An Operations Management Handbook for UNHCR’s Partners CHAPTER 1

1For more information visit UNHCR’s website: www.unhcr.ch

February 2003

Section 1.4 Organization and Role of UNHCR

1. UNHCR and the UN System..................................................................................... 242. UN High Commissioner for Refugees..................................................................... 263. UNHCR Executive Committee (EXCOM).............................................................. 264. Headquarters Organization....................................................................................... 275. Field Operations......................................................................................................... 27

Section 1.5 UNHCR’s Operational Role and Operational Partners

1. Operational Role........................................................................................................ 282. Implementation Options........................................................................................... 283. Coordination............................................................................................................... 29

Section 1.6 UNHCR’s Implementing Partners

1. UNHCR Delegation of Implementation Responsibilities...................................... 302. Choice of an Implementing Partner........................................................................ 303. Building Partnership.................................................................................................. 32

PARTNERSHIP

CHAPTER 1 An Operations Management Handbook for UNHCR’s Partners

2

1. HISTORICAL BACKGROUND

1.1 UNHCR is the Office of the United NationsHigh Commissioner for Refugees. The Office wascreated in December 1950 by Resolution 428(V)of the United Nations General Assembly, andbegan its operations on 1 January 1951. UNHCRis a humanitarian and strictly non-politicalorganization devoted to protecting and assistingrefugees.

1.2 Refugees are people who have been forcedto sever links with their home country. Theycannot rely on their own governments for legalprotection; it is this, which distinguishesrefugees from other migrants, however des-perate, and other people in need of humanitarianassistance. Because refugees do not have accessto the legal and social protection that a properlyfunctioning government is supposed to extend toits citizens, the international community has hadto make special arrangements to respond to theirparticular plight.

1.3 The conviction that the internationalc o m m u n i t y – rather than individual govern-ments or charitable organizations – has a dutyto provide refugees with protection and find

solutions to their problems dates from the timeof the League of Nations, established in 1920.Fridtjof Nansen, a renowned Arctic explorerfrom Norway, believed that the League ofNations provided an unprecedented opportunityto establish peace and promote reconstruction inpost-war Europe. In 1921, to provide a focalpoint for coordination of relief efforts, theLeague of Nations appointed Nansen as the firstHigh Commissioner for Refugees – a role heperformed tirelessly until his death in 1930.

1.4 One of the fundamental problems facingrefugees and displaced people was their lack ofinternationally recognized identity papers. Thenew High Commissioner introduced the “Nansenpassport”, the forerunner of today’s ConventionTravel Document for Refugees. It enabledthousands to return home or settle in othercountries, and represented the first in a long andstill evolving series of international legalmeasures designed to protect refugees.

1.5 Over the following years, the League ofNations set up a succession of organizations andagreements to deal with new refugee situationsas they emerged. The League defined refugees interms of specific groups who were judged to be

UNHCR: THE MANDATE AND THE ORGANIZATION

UNHCR’s Mandate Section 1.1


February 2003

Section 1.1 UNHCR’s MANDATE

1. Historical Background2. UNHCR’s Evolving Responsibilities

UNHCR’s Statute (UN General Assembly resolution 428(V) of 14 December 1950):

“The United Nations High Commissioner for Refugees, acting under the authority of the GeneralAssembly, shall assume the function of providing international protection,under the auspices of theUnited Nations, to refugees who fall within the scope of the present Statute and of seekingpermanent solutions for the problem of refugees by assisting governments and, subject to theapproval of the governments concerned,private organizations to facilitate the voluntary repatriationof such refugees,or their assimilation within new national communities.”

in danger if they were returned to their homecountries. Starting with the problem of identitypapers and travel documents, measures toprotect refugees became more comprehensive as time went on, covering a wide range ofmatters of vital importance to their daily lives,such as the regularization of their personalstatus, access to employment and protectionagainst expulsion.

1.6 When the United Nations replaced theLeague of Nations in 1945, it recognized from theoutset that the task of caring for refugees was amatter of international concern and that, inkeeping with its Charter, the community ofStates should assume collective responsibilityfor those fleeing persecution. In 1946, at its firstsession, the General Assembly adopted aresolution that laid the foundations for UnitedNations activities in favour of refugees. Theresolution stressed that no refugee or displacedperson who had expressed valid objections toreturning to his country of origin should becompelled to do so.

1.7 The United Nations also established theInternational Refugee Organization (IRO),whose mandate was to protect those refugeegroups that had been recognized by the Leagueof Nations, and one new category – the 21million or so refugees scattered throughoutEurope following World War II. Initially, theIRO’s main objective was repatriation. But thepolitical build-up to the Cold War tilted thebalance instead towards resettlement of thosewho had valid objections to returning home. TheIRO was replaced by the Office of the HighCommissioner for Refugees (UNHCR) in 1951.

2. UNHCR’s EVOLVING RESPONSIBILITIES

2.1 U N H C R ’s founding Statute entrustsUNHCR with two main and closely relatedfunctions – to protect refugees and to promotedurable solutions to their problems.

2.2 When UNHCR was first established, mate-rial aspects of refugee relief were seen to be the

responsibility of the government which hadgranted asylum. Activities mainly concerned theresettlement of refugees in the aftermath ofWorld War II, whose needs were largely met bythe countries directly involved and by non-governmental organizations. However, as manyof the world’s more recent major refugee flowshave occurred in less developed countries,UNHCR has acquired the additional role ofcoordinating material assistance for refugees,returnees and, in specific instances, displacedpersons. Although not mentioned in theo r g a n i z a t i o n ’s Statute, this has become one of UNHCR’s principal functions, alongside protection and the promotion of durablesolutions.

2.3 In 1952, the General Assembly recognizedthe need for UNHCR to extend some form ofmaterial assistance to refugees, and authorizedthe High Commissioner to seek funds foremergency aid. In 1954, the High Commissionerwas authorized to establish the United NationsRefugee Fund (UNREF). Its purpose was toachieve durable solutions (through voluntaryrepatriation, local integration and resettlement)and to continue emergency assistance to themost needy cases. In 1957, the General Assemblyauthorized the High Commissioner to put intoeffect an annual assistance programme, to besubmitted for approval to the ExecutiveCommittee (EXCOM). The High Commissionerwas also authorized to establish an emergencyfund. This was the beginning of what laterbecame UNHCR’s General Programmes. Morerecently, starting with the budget for 2000, theseGeneral Programmes and another categorycalled Special Programmes (see below) weremerged into a unified Annual Programme Budget(see Section 2.2, UNHCR’s Budget and Funding).

2.4 Toward the end of the 1950s andthroughout the 1960s, the focus of UNHCR’sactivities turned from Europe towardsdeveloping countries. This shift was promptedby the refugee crisis resulting from the processof decolonization, primarily in Africa. During thisperiod, the General Assembly authorized theHigh Commissioner to lend his /her good offices



4

in seeking appropriate solutions to the problemsof specific groups. These mainly comprisedpersons in situations similar to those of refugeesbut who, for various reasons, were notconsidered to be within the High Commissioner’smandate. The needs of these groups were, ingeneral, temporary, and voluntary repatriationwas frequently a feasible solution.

2.5 This trend changed in the late 1960s andearly 1970s. As the process of decolonizationabated, new types of conflicts emerged, many ofthem regional, giving rise to large-scalemovements of refugees. This was also the periodwhen UNHCR was called on to provideassistance under “Special Programmes”, inaccordance with resolutions adopted by theGeneral Assembly and the Economic and SocialCouncil (ECOSOC). This category of pro-grammes has since been discontinued, but therealities they addressed are still covered underUNHCR’s unified Annual Programme Budget orSupplementary Programmes (see Section 2.2,UNHCR’s Budget and Funding).

2.6 The refugee problems of the 1980s, 1990sand those currently facing the Office, bear littleresemblance to those of the early years whichfollowed the adoption of UNHCR’s Statute.Difficulties are often compounded by deve-lopment problems, and solutions to theunderlying conflicts can be elusive, leading tostagnating refugee situations. Moreover, inrecent years, the General Assembly and theUnited Nations Secretary-General have calledupon UNHCR with increasing frequency toprotect or assist particular groups of internallydisplaced persons who have not crossed aninternational border but are in a refugee-likesituation inside their country of origin. Forexample, in 1991, the Secretary-General askedUNHCR to assume the role of lead UnitedNations agency for humanitarian assistance tothe victims of the conflict in the formerYugoslavia. By 2002, UNHCR was assisting somefive million internally displaced persons inAfrica, the Balkans, the former Soviet Union,Colombia, Sri Lanka, East Timor, Afghanistanand other locations.

2.7 These conditions have led the High Com-missioner to undertake preventive initiatives incountries, which currently produce refugees ormay do so in the future. In undertaking suchinitiatives, UNHCR is careful to ensure that suchactivities are complementary to its internationalprotection responsibilities, and consistent withthe principles of international human rights andhumanitarian law; in particular, UNHCR mustensure that the institution of asylum is notundermined. These preventive activities arecarried out both before and during refugeecrises. In the latter case, they frequently takeplace in the broader context of United Nationspeace-keeping or peace-making efforts.

2.8 U N H C R ’s assistance programmes haveinevitably grown substantially, both inmagnitude and complexity, and differ radicallyfrom those introduced in the early days of itsexistence. In situations such as those describedabove, where political solutions to conflicts arehard to find, ongoing protection and assistanceprogrammes, accompanied by efforts to makerefugees more self-reliant, are often the onlyalternative. The resources required for theseprogrammes are considerable.

2.9 In terms of financial resources, UNHCR isalmost entirely dependent on voluntary con-tributions. Only part of UNHCR’s administrativeexpenditures is met from assessed contributions,i.e. from the United Nations Regular Budget(which, in 2002, amounted to less than two per cent of UNHCR’s overall resource require-ments).

2.10 The underlying goal of UNHCR’s as-sistance remains the facilitation of protectionand durable solutions. As programmes havebecome larger and more complex, and in orderto improve their planning and management, amore impact- and results-oriented OperationsManagement System (OMS) has been developedand is gradually being introduced to replace theearlier Programme Management System (PMS).This first revision to the Handbook reflects thechanges that have been introduced so far.


UNHCR’s Mandate Section 1.1


February 2003

2.11 As UNHCR enters the 21st century, itsframework for action and that of its partners isto be found in the Agenda for Protection. ThisAgenda was the main product of the Global

Consultations on International Protection, thatUNHCR launched in December 2000. T h e i rpurpose was to provoke and to equip States,UNHCR and its other partners better to addressthe numerous challenges confronting refugeeprotection. The resulting Agenda for Protectionreflects a wide cross-section of concerns andrecommendations of States, intergovernmentalorganizations, non-governmental organizations(NGOs), as well as refugees themselves.

2.12 The Agenda for Protection focuses onsuggested activities which would strengtheninternational protection of asylum seekers andrefugees and improve implementation of the1951 Convention and its 1967 Protocol. Theseactivities flow from the Declaration adoptedunanimously by States Parties to the 1951Convention and/or its 1967 Protocol at theMinisterial Meeting of State Parties, organizedjointly by Switzerland and UNHCR on 12-13December 2001, to commemorate the Conven-tion’s 50th anniversary. For further informationon the Global Consultations, the Report of theMinisterial Meeting, and the Agenda for Pro-tection, please consult UNHCR’s website.



6

Further Resources

UNHCR’s website: www.unhcr.ch con-tains a range of additional informationon the mandate and history of UNHCR:

• The State of the World’s Refugees2000.Fifty Years of HumanitarianAction. (Oxford University Press,2000)Chapter 1: The early yearsChapter 11: The changing dynamicsof displacement

• UNHCR. A Pictorial History

• Helping Refugees. An Introduc -tion to UNHCR

• Global Consultations

1. INTERNATIONAL PROTECTION

The protection of refugees is UNHCR’s raison

d’être. Protection lies at the heart of the Office’sefforts to find durable solutions to the plight ofrefugees, and provides the context in whichUNHCR carries out its relief activities.

2. REFUGEE STATUS

2.1 The 1951 Convention relating to the Statusof Refugees was drawn up in parallel with thecreation of UNHCR. It is a legally binding treatyand a milestone in international refugee law.While the scope of the 1951 Convention (seebelow) was confined to people who became

refugees prior to 1 January 1951, UNHCR,through its Statute, was given a generalcompetence to deal with refugee problemswherever they might arise, irrespective of date orlocation, as long as those concerned had a well-founded fear of persecution.

2.2 Subsequent decades demonstrated thatrefugee movements were by no means aphenomenon confined to World War II and itsaftermath. As new refugee groups emerged, itbecame increasingly necessary to adapt theConvention to make it applicable to new refugeesituations. The 1967 Protocol was introduced tomake the Convention truly universal and notlimited in time.


Protection, Assistance and Durable Solutions Section 1.2


February 2003

Section 1.2 PROTECTION, ASSISTANCE AND DURABLE SOLUTIONS

1. International Protection2. Refugee Status3. Protection and Assistance4. Durable Solutions5. Preventing Refugee Crises6. Statelessness

1951 Convention relating to the Status of Refugees

• Contains a general definition of the term “refugee” that no longer ties it to specific nationalgroups,but to the reasons (or causes) for flight.

• Establishes the principle of non-refoulement; that is, the not-removing a person to a territorywhere he/she would be at risk of being persecuted, or of being moved to another territorywhere he/she would face persecution.

• Sets standards for the treatment of refugees,including their legal status,employment and welfare.

• Scope limited to people who became refugees as a result of events that took place before January1, 1951, with signatory States given the option to limit its geographical application to Europe.

1967 Protocol

• Abolished the geographical limitation and the 1951 deadline, making the Convention universal.

Regional Initiatives

2.3 While the 1951 Convention definition of arefugee, with its emphasis on individualpersecution, still forms the core of UNHCR’smandate, additional criteria have been pro-gressively introduced to accommodate theevolving nature of refugee flows in recentdecades.

2.4 Regional initiatives have extended thedefinition of a refugee as follows:

a. To take into account the specialcharacteristics of the situation inAfrica, the Organization of AfricanUnity (OAU) formulated the 1969Convention Governing the SpecificAspects of Refugee Problems in Africa,which expands the definition of arefugee to include persons who werecompelled to leave their country notonly as a result of persecution, but also“owing to external aggression, occu-pation, foreign domination or eventsseriously disturbing public order ineither part or the whole of his countryof origin or nationality”.

b. In 1984, the Cartagena Declaration onRefugees was adopted for the CentralAmerican region, adding the criterion“massive violation of human rights”.Although not formally binding, theCartagena Declaration has become thebasis of refugee policy throughout LatinAmerica, and has been incorporated inthe national legislation of a number ofStates.

2.5 The extended refugee definitions of theOAU Convention and the Cartagena Declarationhave brought international protection to a largenumber of people who may not be covered bythe 1951 Convention and the 1967 Protocol, butare forced to move for a complex range ofreasons including persecution, widespreadhuman rights abuses, armed conflict andgeneralized violence.

2.6 Broadening of the refugee definition inresponse to regional considerations hasprovided much needed flexibility to internationalaction on behalf of people forced to flee theircountries. However, it has also introduced a newcomplexity because a person recognized as arefugee in one region may not necessarily beconsidered one elsewhere.

Returnees

2.7 The General Assembly has also calledupon the High Commissioner to provideassistance to returnees, as well as to monitortheir safety and well-being on return (GeneralAssembly Resolution 40/118). The situation ofreturnees needs to be monitored to ensure thatamnesties or guarantees offered by thegovernment of the country of origin are fulfilledand that returnees enjoy the same human rightsand fundamental freedoms as their fellowcitizens.



8

Definition of a Refugee

According to the 1951 Convention Relatingto the Status of Refugees,the term “refugee”applies to any person who:

“owing to well-founded fear of being per-secuted for reasons of race, re l i g i o n ,nationality, membership of a particular socialgroup or political opinion, is outside thecountry of his nationality and is unable or,owing to such fear, is unwilling to avail himselfof the protection of that country;or who, nothaving a nationality and being outside thecountry of his former habitual residence as aresult of such events, is unable or, owing tosuch fear, is unwilling to return to it.”

“Persons of Concern”

2.8 On an ad hoc basis, the UN GeneralAssembly and Secretary-General have frequentlyasked UNHCR to take care of groups of people –usually referred to as “persons of concern” –who are not covered by the 1951 Convention oreven by the extended refugee definitions. Forexample, some groups of internally displacedpeople, such as the Kurds in northern Iraq andcivilians in parts of Bosnia and Herzegovina,need international protection.

3. PROTECTION AND ASSISTANCE

3.1 To promote and safeguard the rights ofrefugees, UNHCR tries particularly to:

a. Encourage accessions by States to thebasic international instruments relatingto refugees, and ensure their imple-mentation.

b. Ensure that refugees are treated inaccordance with recognized inter-national standards, receive an appro-priate legal status, and enjoy economicand social rights that are comparable tothose of the nationals of their countryof asylum.

c. Protect refugees and persons applyingfor refugee status from forcible return(refoulement) to a country where theyhave reason to fear persecution, andensure that their applications forasylum are examined within theappropriate framework.

d. Help ensure the personal security ofrefugees and asylum-seekers.

e. Promote the reunification of separatedfamily members.

3.2 These measures are fundamental to pro-tect the rights of asylum-seekers and personsrecognized as refugees. They may, however, be

futile if the person’s basic material needs areneglected. The reverse is also true: there is littlepurpose in having funds to feed refugees if theyare not protected from refoulement. Particularlywhere governments are concerned about the well-being of local populations where resources arethreatened by the presence of a large number ofasylum-seekers, the supply of material assistancemay be a means of preventing refoulement.

3.3 Other examples of the links betweenprotection and assistance are:

a. The site chosen for a local settlementmust take into account the security of those who will be accommodatedthere – proximity to a border may be asource of danger.

b. The construction of dwellings and campbuildings must ensure privacy andsecurity for women, who may other-wise become victims of sexual assault.

c. Assistance towards repatriation musthave as a first principle the voluntarynature of the return.

d. Resettlement assistance can ensure thephysical safety of refugees, and canalso help individuals to be reunited withother members of their families.

e. Assistance to individuals or refugeefamilies, particularly in urban areas, mayinclude legal assistance or counselling.

4. DURABLE SOLUTIONS

4.1 The task of promoting durable solutions torefugee problems is embodied in UNHCR’sStatute (see Section 1.1, UNHCR’s Mandate). TheStatute defines durable solutions under twodistinct headings: voluntary repatriation, andassimilation into new national communitieswhich may involve local settlement in thecountry of first asylum or resettlement in a thirdcountry, as shown below:




February 2003

4.2 In seeking durable solutions to refugees’problems, UNHCR attempts to help those whowish to go home. Where repatriation is notfeasible, it helps to integrate refugees incountries of asylum or, failing that, to resettlethem in other countries.

4.3 Durable solutions are vital for refugees, torelease them from a sense of dependency andhelp restore their self-respect. Durable solutionsprevent the development of a dependencysyndrome, and provide opportunities forrefugees to make a new start following thetrauma that has accompanied the act of seekingrefuge outside their homeland. Durable solutionsalso reduce the burden on the internationalc o m m u n i t y, and relieve the burden on localcommunities when refugees who join thembecome economically independent and sociallyintegrated.

4.4 UNHCR assigns a two-letter code toidentify each type of durable solution:

l RP voluntary repatriationl LS local settlementl RE resettlement

Voluntary Repatriation (RP)

4.5 Voluntary repatriation, when feasible, haslong been considered the preferred solution torefugee problems. It allows refugees to resumenormal life in their home country, and restorescultural and ethnic bonds within that country.Three vital conditions must be fulfilled toimplement voluntary repatriation in conditionsof safety and dignity:

a. The return must be voluntary; norefugee should be returned to his/hercountry of origin or habitual residenceagainst his or her will.

b. There must be clear and unequivocalagreement between the country ofasylum and the country of origin, bothon the modalities of the movement andthe conditions of reception; whereverpossible, Tripartite Commissions shouldbe formed involving the countries oforigin and asylum, and UNHCR.

c. As far as possible, returnees should beallowed to return to their place offormer residence.

4.6 Where voluntary repatriation is organizedor facilitated by UNHCR, the Office attempts,wherever possible, to ensure that a legalframework is set up to protect the returnees’rights and interests. Steps taken includenegotiating amnesties and guarantees of non-recrimination against returnees.

4.7 Assistance measures in the country ofasylum include preparations for departure andhelp in organizing the journey home, by the mostappropriate means of transport. Transit centresin the country of asylum are sometimes required.In some cases, reception facilities have to beorganized within the country of origin.

4.8 Assistance may be provided in the initialphase of reintegration into their country of origin,to meet basic needs and help the rehabilitation ofthe returnees. Such assistance is provided byUNHCR, and sometimes may be part of an overallUnited Nations programme of rehabilitation andreconstruction. Its purpose is to assist thereturnees to integrate, as rapidly as possible, intothe economic and social life of their country oforigin, which will once again assume respon-sibility for their protection. UNHCR may maintaina monitoring role for a limited, transitionalperiod. UNHCR also aims to enlist the support ofdevelopment agencies in rebuilding the economicand social life in the communities of return.



10

DURABLE SOLUTIONS

1. Voluntary repatriation2. Local settlement

3. Resettlement

4.9 A spontaneous cross-border return of avoluntary nature may also take place, involving,at times, large numbers of refugees. While themovements themselves may occur withoutinternational assistance, UNHCR assistance maysubsequently be required at a later stage tofacilitate the process of reintegration.

Local Settlement (LS)

4.10 In cases where voluntary repatriation isunlikely to take place in the foreseeable future,the best solution is often to settle refugees intheir country of asylum, or host country. This canonly be done, however, with the agreement of thegovernment of the host country concerned.

4.11 In industrialized countries, governmentwelfare systems and non-governmentalorganizations provide the bulk of the resourcesnecessary to integrate refugees. Elsewhere,UNHCR furnishes varying degrees of support forlocal settlement projects in both urban and ruralsettings.

4.12 Refugees may benefit from assistancetowards self-sufficiency and integration into theeconomic and social life of the local community.This assistance takes many forms, dependingupon factors such as the situation of therefugees, their background, their location andthe situation of the host country. For example:

a. Spontaneous Local Settlement:

refugees may settle spontaneouslyamid the local population, sharing theresources and infrastructure available.This frequently occurs in Africa,especially when the refugees belong tothe same ethnic group as the populationliving in the area of influx. When largenumbers are involved, UNHCR mayprovide support to the authorities of thehost country, through limited rein-forcement of the local infrastructure.

b. (Planned) Local Settlement of

Refugees in Rural Areas: m o s t

frequently implemented for the benefitof refugees of rural background, ruralsettlements assisted by UNHCR areplanned in cooperation with the hostgovernment, and implemented bygovernmental agencies and /or non-governmental organizations. Therefugees themselves are encouraged tocontribute progressively to the effortstowards self-sufficiency. Assistancemeasures are diverse, and UNHCR’sfinancial assistance is phased out as thesettlement becomes self-supportingand the basic social infrastructure isrestored. Such assistance measuresmay include:

l planning and construction of thesettlement;

l providing food during the initialperiod of settlement;

l supplying household and other basicitems;

l organizing agricultural and otherincome-generating activities;

l taking measures with respect tonutrition, water, sanitation, healthand education; and

l promoting community development.

c. Local Settlement of Refugees in

Urban Areas: assistance to theserefugees is also aimed at self-reliance.Measures range from providing sub-sistence allowances, counselling, andeducation grants, to undertakingincome-generating projects of variouskinds. The right to work is particularlyimportant when promoting durablesolutions for urban refugees.

In all cases, however, steps must be taken toensure the legal integration of these formerrefugees, that is, they need to have a migratory




February 2003

status that will allow them to legally reside in thecountry and to access basic social services.

Resettlement (RE)

4.13 Resettlement is the third durable solutionfor refugees, when neither voluntary repatriationnor local integration are possible. While thenumber of refugees resettled by UNHCR sincethe late 1980s has declined dramatically,resettlement still remains an importantinstrument of international protection and adurable solution for refugees when no otheroption is available.

4.14 Refugees requiring resettlement may befacing serious protection problems in theircountry of first asylum, in many cases related torefoulement, expulsion, undue detention or athreat to their physical safety. Resettlement to asafe third country would therefore be the onlysolution. However, resettlement, unlike volun-tary repatriation or seeking asylum, is not a right.Refugees are submitted for resettlement usingcarefully defined criteria. Indeed, resettlementshould obviously not be pursued because arefugee has become a burden or because ofhis/her behaviour.

4.15 Resettlement may also be sought forreasons of family reunification, or for thoserefugees deemed vulnerable within UNHCR’scriteria, and for whom resettlement offers theonly durable solution. This group may includerefugees with medical problems, women at risk,etc. As it is recognized that the uprooting ofrefugees identified as requiring special attentionmay not always be in their best interest, it isimperative that every effort should be made inthe first instance to examine whether their needscan be met in a local or regional context.

4.16 Ideally, resettlement opportunities shouldalways be explored within the region of firstasylum so as to enable the refugee to remain, ifpossible, near to his/her country of origin, sothat return may be considered whencircumstances permit. Furthermore, if the

refugee’s culture and customs are compatiblewith those of the regional host country,integration, if permitted, may occur more readily.

4.17 Extra-regional resettlement involvesmoving the refugee away from the geographicalregion, but may be the only realistic solution. Alimited number of resettlement countries offerannual quotas. While the numbers offered inthese quotas are generous, the need for places isstill greater. UNHCR is committed to continuethe process of dialogue with interestedgovernments and NGOs in order to expand andstrengthen its resettlement activities.

5. PREVENTING REFUGEE CRISES

5.1 In the 1990s, UNHCR has increasinglyundertaken preventive initiatives in countrieswhich currently produce refugees or which maydo so in the future. It is incumbent on theinternational community to seek ways andmeans to avert involuntary displacements. TheExecutive Committee has called on the HighCommissioner to actively explore new optionsfor preventive strategies which are consistentwith protection principles (UNHCR ExecutiveCommittee, Conclusion No. 62(XLI) – 1990).

5.2 In situations where economicallymotivated migrants may seek to take advantageof refugee channels, mass information pro-grammes have been launched to provide aclearer understanding of refugee status. Theseprogrammes aim to discourage people who mayseek to use asylum channels for economicreasons, while keeping them open for those whoflee persecution.

5.3 Where civil strife and refugee crises havealready erupted, UNHCR has become moredirectly involved with internally displaced andother local populations. UNHCR has increasinglyundertaken humanitarian action, not only toprovide relief but also to avert further internaldisplacement and to reduce the need for peopleto take refuge abroad. Humanitarian assistancecan stabilize population movements and



12

eventually create conditions favourable to thereturn of refugees.

5.4 In responding to refugee crises, UNHCRattempts, wherever possible, to link preventionof further displacement to the promotion ofdurable solutions.

6. STATELESSNESS

A “stateless person” is a person who is notconsidered as a national by any country. TheUniversal Declaration of Human Rights statesthat everyone has a right to a nationality and noone should be arbitrarily deprived of his/hernationality or of the right to change his/hernationality. In 1996, the UN General Assemblycalled on UNHCR to promote accessions to the1954 and 1961 Conventions on Statelessness. To be stateless means, inter alia, that a personcan not obtain a passport, have access to a judicial system, etc. There are strong linksbetween displacement and statelessness:

l Displacement can cause statelessness(when, for example, a person’s dis-placement is followed or accompanied bya redrawing of territorial boundaries).

l Displacement can be a consequence ofstatelessness (when stateless or denation-alised populations are forced to leave theirusual place of residence).

l Statelessness can be an obstacle to theresolution of refugee problems (when, forexample, countries refuse to readmitformer refugees on grounds of state-lessness).

Statelessness is a problem that States shouldresolve. UNHCR works with governments toaddress the problem of statelessness, byproviding, inter alia, technical and legal adviceon their nationality legislation.




February 2003

Further Resources

UNHCR Website:www.unhcr.ch

Protecting Refugees

l Legal Protectionl Global Consultationsl Womenl Childrenl Resettlementl Statelessness

Our Partners

l P rotecting Refugees: A FieldGuide for NGOs. Produced jointlyby UNHCR and its NGO Partners(September 1999).

http://www.unhcr.ch/cgi-bin/texis/vtx/home/+0wwBme4RP58wwwwnwwwwwwwhFqhT0yfEtFqnp1xcAFqhT0yfEcFq27GdBnqBoxha2nh1tnn5euG4ta-oncmaH1omnahdGaNHZ5Dzmxwwwwwww/opendoc.pdf

1. THE CHALLENGE

1.1 Today’s refugees are fleeing combinationsof persecution, conflict and widespreadviolations of human rights, both inside andoutside their countries of origin. To ensure thatour efforts to protect and assist the refugees areeffective, we have to know who the refugees are,and the particular needs of specific individualsand groups of refugees.

1.2 Refugee populations are not homo-geneous. Cultural and religious differencesabound. As in any large group of people, thereare numerous sub-groups within a givenpopulation or community. UNHCR’s mandate ofproviding protection to refugees and seekingdurable solutions to their problems, brings withit specific obligations regarding the variouscategories of refugees.

1.3 The diverse strengths, roles and needs ofdifferent individuals and sub-groups of refugeesmust be addressed when planning, implementingand reporting on protection and assistanceprojects.

2. REFUGEE WOMEN AND GENDER EQUALITY

2.1 In recent years, UNHCR’s EXCOM hasrecognized the importance of devoting specialattention to the needs of refugee women. This

awareness reflects a more general concern forthe conditions of refugee women, as expressedin other United Nations fora, including theEconomic and Social Council (ECOSOC) and theUnited Nations Commission on the Status ofWomen.

2.2 The UNHCR Policy on Refugee Women

(1990) is premised on the recognition thatbecoming a refugee affects men and womendifferently and that effective programming mustrecognize these differences. Furthermore, tounderstand fully the protection needs andassistance resources of the refugee population,and encourage dignity and self-sufficiency,refugee women themselves must participate inplanning and implementation projects. UNHCR’sPolicy on Refugee Women clearly underlines thatit is the responsibility of every staff member toensure that the integration of the resources andneeds of refugee women in all aspects of UNHCRwork takes place within his or her area ofcompetence. The Policy describes a range ofobjectives (both policy and operational) tosupport the overall organizational goals andprovide the basis for the development ofappropriate activities and work plans to enhancethe implementation of UNHCR’s Policy onRefugee Women. UNHCR looks to its partners tohelp achieve the objectives of the Policy.

2.3 The Guidelines on the Protection of Refugee

Women deal with issues ranging from assess-ment and planning to the addressing of protection


Section 1.3 Who are the Refugees, Returnees and Internally Displaced?

14

Section 1.3 WHO ARE THE REFUGEES, RETURNEES AND INTERNALLYDISPLACED?

1. The Challenge2. Refugee Women and Gender Equality3. Refugee Children including Adolescents4. Refugees with Special Needs5. Urban Refugees6. Returnees

needs through assistance, including topics suchas camp design and layout, access to food,education and skills training. They also includeguidance on legal procedures, criteria for thedetermination of refugee status and physicalsecurity. Guidelines for Prevention and Response

to Sexual and Gender-based Violence against

Refugees, Returnees and Internally Displaced

Persons focus on the need to prevent incidentsof sexual violence from occurring, and includesuggested strategies and action that can be takenby UNHCR, NGOs, host governments and therefugees themselves; they provide practicaladvice on how to respond to incidents of sexualviolence, covering the fields of medical treatment,psychological support and legal intervention.

2.4 The general principles concerning UNHCR’swork in protecting and assisting refugee womenmay be summarized as follows:

a. Refugee women are likely to beaffected differently than men by theircondition as refugees. Because they arewomen, they may be at special risk,both during flight and within thecountry of asylum. This gives rise tospecific needs in terms both ofprotection and assistance, of which anawareness is essential.

b. It is essential to secure the activeparticipation of refugee women inplanning and implementing activities,of which they are the main bene-ficiaries. This will not only help them toretain their personal dignity and self-respect, but will also increase pro-gramming efficiency through the use ofskills which are critical for thecommunity’s economy and life. Suchparticipation can also be an importantfactor in accelerating progress towardsachieving self-sufficiency for them-selves and their families.

c. Measures to assist and protect womenshould be integrated into UNHCR’sactivities, rather than being regarded asseparate issues in programme planningand implementation.

2.5 The following practical measures concernprocedures to be applied within the context ofprogramme and project management:

a. The assessment of needs and resourcesspecific to women must be an inte-gral part of the needs and resourcesassessment process (see Section 3.2).


Who are the Refugees, Returnees and Internally Displaced? Section 1.3


February 2003

REFUGEE WOMEN

Watch for:

• Adolescents

• Single female heads of households

Physical Safety Access to Services

• Camp design and layout • Food distribution

• Water and firewood collection • Health services

• Attitudes of local and refugee populations • Education/skills training

b. Use of the People Oriented Planningframework (see Section 3.1), as part ofthe planning process, will help highlightthe respective roles, responsibilitiesand needs of refugee men and women;statistics (broken down by sex and agegroups) and gender-specific datashould be an integral part of planningdocumentation.

c. Specific mention of the impact ofprotection and assistance programmeson women is required when completingPart 2 of Sub-Project MonitoringReports (see Section 5.2).

2.6 UNHCR’s Senior Coordinator for RefugeeWomen and Gender Equality is attached to theD i r e c t o r ’s Office, Division of OperationalSupport at UNHCR Headquarters. The Senior Co-ordinator provides guidance, feedback andshares good practices and experience with staffin the field. She is supported by field-basedRegional Advisers for Refugee Women and

Gender Equality, who monitor the integration ofrefugee women and gender equality into allprotection and assistance activities. Through theoffice of the Senior Coordinator, UNHCRundertakes a wide range of activities in supportof refugee women and gender equality, such as:

l training, especially through support forincome-generating activities and skillsdevelopment;

l funding the participation of refugeewomen’s groups in regional and nationalpeace networks;

l participating in inter-agency initiativesaimed at strengthening refugee women’sleadership and negotiating skills.

2.7 UNHCR is also in the process of deve-loping “gender networks” comprising UNHCRand partner staff. Network participants, withdifferent technical backgrounds, will be trainedin gender equality analysis and issues of concernto women to enable them to promote gendersensitivity, especially in their respective areas ofactivity.



16

People Oriented Planning(POP)

UNHCR’s planning approach starts withthe recognition that all refugee groupsare not homogeneous. Therefore, it isi m p o rtant to find out specific in-formation about the composition andprofile of various refugee groups inorder to ensure efficient, cost-effectiveand humane protection and assistanceprogrammes; one needs to be awarealso that gender roles vary in differentsocieties and that these determine whohas access to, and has control overre s o u rc e s ; good programming mu s treflect such roles and seek to redressinequalities.

Further Resources

UNHCR Website:www.unhcr.ch/women

l UNHCR Policy on Refugee Women;

l UNHCR Good Practices;

l Gender and Humanitarian A s s i s-tance Resource Kit.

http://www.unhcr.ch/cgi-bin/texis/vtx/home/+2wwBmde5Y6dwwwwhwwwwwwwhFqh0kgZTtFqnnLnqAFqh0kgZTcFqyuNlg2a7dcoqOaZDa2nh1tnnabdMnDDzmxwwwwwww1FqmRbZ/opendoc.pdf

3. REFUGEE CHILDREN, INCLUDINGADOLESCENTS

3.1 Refugee children, including adolescentsunder the age of 18, make up some 40 per cent ofthe world’s refugees and have special needs thatrequire specific action in terms of both pro-tection and assistance. Refugee children are apolicy priority for UNHCR.

3.2 UNHCR’s reference documents (see Box,page 19) with regard to refugee children are:

l U N H C R ’s Policy on Refugee Children

(1993);

l U N H C R ’s Refugee Children: G u i d e l i n e s

on Protection and Care (1994);

l Progress Report on Refugee Children and

Adolescents, including UNHCR’s Strategy

for Follow-up to the Report on the Impact

of Armed Conflict on Children (UNHCR,EC/47/SC/CRP.19, of 9 April 1997);

l Refugee Children and Adolescents: A

Progress Report (UNHCR, EC/50/ S C /CRP.7, of 7 February 2000);

l Summary Note on UNHCR’s Strategy and

Activities Concerning Refugee Children

(UNHCR, Refugee Children CoordinationUnit, May 2002).

3.3 The 1951 Refugee Convention and the 1967Protocol apply to children in the same way as toadults. However, the human rights of childrenare most fully articulated in the 1989 Conventionon the Rights of the Child (CRC). The CRC hasbeen ratified by every country in the world,except two. Thus in States that are not party toany refugee treaty, the CRC can be used as a basis for protecting refugee children. The CRCis a universally agreed set of non-negotiable standards and obligations. It spells out the basic human rights that children everywhere –including refugee children – have: the right tosurvival; to develop to the fullest; to protectionfrom harmful influences, abuse and exploitation;

and to participate fully in family, cultural andsocial life. The CRC protects children’s rights bysetting standards in health care, education andlegal, civil and social services. Two additionalOptional Protocols, on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornogra-phy, entered into force in 2002.

3.4 All actions taken on behalf of refugee children should be guided by four fundamentaland universally recognized principles:

l The best interests of the child: in eachand every decision affecting the child, thevarious possible solutions must beconsidered and due weight given to thec h i l d ’s best interests. This means thatlegislative bodies must consider whetherlaws being adopted benefit children in thebest possible way. Courts and otherssettling conflicts of interest should basetheir decisions on what is best for thechild. In the allocation of budgets, specialattention should be given to children’spolicies and to the impact the policies willhave on children’s lives.

l Non-discrimination: every child within aState’s jurisdiction is entitled to all therights of the CRC, independent of im-migration status. This includes refugeechildren, asylum seekers and rejectedasylum seekers.

l Participation: the participation of child-ren, especially adolescents, in decisionmaking not only ensures identification oftheir needs in programme design, but alsomeets their developmental needs as theylearn e.g. decision-making skills and gainself-confidence to use those skills.

l Right to life, survival and develop-

ment: appropriate measures to safeguardlife must be taken. These include measuresto increase life expectancy and to lowerinfant and child mortality. Identifyingnumbers of disadvantaged children and




February 2003

http://www.unhcr.ch/cgi-bin/texis/vtx/home/+2wwBmetFMl_wwwwrwwwwwwwhFqA72ZR0gRfZNtFqrpGdBnqBAFqA72ZR0gRfZNcFqg2nh1tnnagrocmGnDeuGmo1omncoDn5Dzmxwwwwwww1FqmRbZ/opendoc.pdf

assessing their situation is essential.Establishing an effective birth registrationis instrumental.

3.5 Providing protection and care throughassistance to refugee children is an integral partof planning, formulating, implementing and evaluating UNHCR’s projects. Partnerships with other UN agencies and NGOs, in particularthose specialising in child-focused programming,are essential. NGOs should evaluate their ownrefugee projects in the light of the Policy and the Guidelines on Refugee Children. Progressachieved in providing assistance to refugee children should be reported in Sub-ProjectMonitoring Reports (see Section 5.2).

3.6 Special attention should be paid to the following issues in designing programmes forrefugee children:

l S e p a r a t i o n : unaccompanied and sepa-rated children face an increased risk ofmilitary recruitment, sexual exploitation,abuse and violence and forced labour.(Separated children are defined as childrenunder 18 years of age who are separatedfrom both parents, or from their previouslegal or customary primary caregiver; theycan be accompanied or unaccompanied.)These children need immediate protectionand assistance; concrete measures arelisted in detail in the 1994 Guidelines (seealso: UNHCR Guidelines on Policies and

Procedures in Dealing with Un -

accompanied Children Seeking Asylum,1997; Inter-Agency Guiding Principles on

Unaccompanied and Separated Children,2002). The most important steps areidentification; immediate registration (seeChapter 11 of the UNHCR Handbook for

Emergencies for a registration form) anddocumentation; tracing of and reunifi-cation with their family (IDTR) – if in thechild’s best interest. These steps should beaccompanied by the appointment of aguardian and temporary placement in afoster family, where the child’s well-beingis monitored.

l Education: the importance of educationfor the protection and development ofrefugee children is increasingly beingrecognised. Education can serve as a vitaltool for e.g. the prevention of recruitmentinto forced labour, military activities andsexual exploitation, and imparts life savingknowledge and skills (e.g. HIV/AIDS,education for peace and conflict reso-lution). UNHCR endeavours to ensureaccess to primary education for all refugeechildren, with particular emphasis on girls.Programming initiatives should also giveparticular attention to adolescents andschool drop-outs by opening up possi-bilities for access to secondary educationand non-formal educational opportunities.

l Sexual exploitation, abuse and

violence: in most refugee and returneesituations, refugee children face anincreased risk of sexual exploitation,abuse and violence. Both boys and girls areat risk, but girls are the principal targets,with separated girls, including those livingin foster care, or heading a household,being at particular risk. Preventivemeasures include, inter alia, awarenessraising (including among males), enrol-ment in education and programmes tocombat harmful traditional practices, aswell as camp lay-out. Response measuresinclude health and psycho-social servicesfor survivors, counselling and treatment ofSTDIs (see Guidelines for Prevention and

Response to Sexual and Gender- b a s e d

Violence against Refugees, Returnees and

Internally Displaced Persons ( U N H C R ,2 0 0 3 ); these Guidelines, as their titlesuggests, focus both on prevention andresponse.

l Military recruitment: military recruit-ment is conducted by State and Non-Stateagents, with boys often being used incombat and other military activities,whereas girls are frequently used forsexual slavery and forced labour. UNHCRadvocates against military recruitment of



18

children in all circumstances. Preventiveand rehabilitation /reintegration measuresi n c l u d e : enrolment in formal and non-formal and vocational education andincome generating activities, as well asfamily-reunification and psycho-socialservices.

l Specific needs of adolescents: o l d e rchildren, who are mid-way betweenchildhood and full maturity, have specificneeds that are often overlooked. In

addition to specific health and nutritionalneeds, adolescents often lack educational/skills training opportunities beyondprimary education, as well as meaningfulnon-formal activities which make themeven more prone to military recruitmentand sexual exploitation.

There may be additional and /or other regionalpriority issues such birth registration, detentionand harmful traditional practices that need to beaddressed.




February 2003

Further Resources

Further useful information and resource material that can be accessed through the UNHCR publicwebsite:

l UNHCR documents listed in 3.2 above.

l UNHCR Handbook for Emergencies (UNHCR 2000).

l UNHCR Guidelines on Policies and Procedures in Dealing with Unaccompanied Children Seeking Asylum(1997).

l Convention on the Rights of the Child (CRC).

l Inter-Agency Guiding Principles on Unaccompanied and Separated Children (2002).

l Action for the Rights of Children (ARC) is a child based training and capacity building programme,which was initiated by UNHCR and the International Save the Children Alliance and is widelyused as a training initiative within UNHCR and with partners.The programme engages staff inidentifying and addressing critical issues affecting children and encourages dialogue, including withchildren themselves,and aims to be a catalyst for effective prevention and response.

l “Meeting the rights and protection needs of refugee children – an independent evaluation of UNHCR’sactivities” undertaken by VALID International, Oxford, UK; published by UNHCR, May 2002(EPAU/2001/ 02).The executive summary provides an overview of issues and recommendationsfor improved programming.

l Separated Children in Europe Programme (SCEP): this website (www.sce.gla.dc.uk) provides recom-mendations and a statement of good practice with regard to separated children.

l UNICEF website (www.unicef.org): documents,background material,statistics,etc.

4. REFUGEES WITH SPECIAL NEEDS

4.1 Refugees with special needs include thefollowing:

l unaccompanied children (see above);l disabled persons;l unaccompanied elderly;l single parent families;l victims of violence and torture;l minority groups;l unaccompanied or isolated women;l persons suffering from serious or chronic

illness (including mental disturbance);l handicapped; andl refugees with HIV/AIDS.

4.2 Refugees in any of these categories arelikely to require special care, especially if theylack support from a family or the community.U N H C R ’s response should be based on thefollowing principles:

a. The refugee’s own participation shouldbe encouraged in finding the mostappropriate solution.

b. The most effective help is likely tocome from the refugee communityitself.

c. Institutionalization of relief measures,leading to long-term dependency, mustbe avoided; this requires close mo-nitoring of the assistance provided.

d. Wherever feasible, and to prevent socialproblems, measures such as facilitatingfamily reunion and re-establishingtraditional coping mechanisms, shouldbe given priority.

4.3 Effective assistance to refugees with spe-cial needs begins with the assessment of theirneeds and resources. The refugee community,notably elders (men and women), schoolteachers, health workers and others can assist inthis task.

4.4 Other relevant policies and proceduresrelating to refugees with special needs are foundin the following references:

a. UNHCR Handbook for Social Services

(1984), including an Assessment Formfor a person who is disabled orchronically ill.

b. Older Refugees – a resource for the

Refugee Community. UNHCR Policyon Older Refugees (UNHCR, 2000).

c. Training Disabled People in the Com -

m u n i t y ( World Health Organization,Geneva).

Medical Care forDisabled Refugees

4.5 Refugees should normally be treatedlocally in public health facilities accessible tonationals. In exceptional cases, where adequatefacilities are not available locally, a refugee maybe evacuated to a neighbouring country withinthe region (or abroad) for necessary medicaltreatment and/or surgical intervention. All localpossibilities must, however, first be exploredbefore any referral is considered.

4.6 Normally, specialized medical care mayonly be provided if such care is also available tothe local population. In the case of severelydisabled refugees for whom treatment costsexceed UNHCR’s financial resources, everyeffort must be made to secure assistance free-of-charge in specialized institutions in certaincountries.

5. URBAN REFUGEES

5.1 Refugees residing in urban areas, oftenreferred to as ‘urban refugees’, are of diverseorigins and backgrounds. They may be citydwellers who arrive in an urban area directlyfrom their country of origin. They may be



20

refugees who have moved out of rural camps andtaken up residence in a city. They may berefugees who have moved on from a country offirst asylum, often because they cannot find theprotection or solutions they need in that country.Contrary to common opinion, urban refugees arenot exclusively or even predominantly youngmales; such populations normally include asubstantial number of children, adolescents andwomen.

5.2 Providing protection and solutions torefugees in urban areas is often hindered by thefact that they have no legal status, residencerights or work permit. In many countries, thelabour market is highly competitive, and so theopportunities for employment in urban areas arealso very scarce. As a result, and if they find jobsat all, refugees may have no choice but to acceptthe most arduous, dangerous and insecure formsof employment.

5.3 Efforts to assist refugees in urban areashave generally proved problematic. It is difficultto keep track of large numbers of refugees whoare scattered throughout a large city. Urbanrefugees frequently find it difficult to gainequitable access to public services such aseducation and health. Providing regularsubsistence payments to refugees in urban areasis expensive and difficult to administer. It mayalso require means-testing, a process that oftenleads to tensions between the refugees and theagency responsible for this task.

5.4 The following objectives should be usedwhen planning and implementing assistance forurban refugees:

a. Increase their capacity to solve theirown problems, taking into accounttheir initial needs to overcome theimpact of abrupt change, isolation,trauma, cultural shock, and depend-ence.

b. Encourage self-help measures directedat durable solutions, avoiding prolongeddependence on subsistence allowances.

c. Promote community self-help activities,such as community centres, languageclasses and income-generating projects.

d. Give priority to assisting refugees withspecial needs, such as the disabled,elderly, single parents, isolated womenwithout support, and unaccompaniedchildren, based wherever feasible onself-help; such priority should also bedirected towards reducing inequalitiesin the services received by differentgroups, such as between male andfemale refugees.

e. Use local expertise, where available, toperform market surveys, create em-ployment opportunities (includingthose outside urban areas) and identifyeducational options; locally-basedagencies are often UNHCR’s best part-ners for such activities.

5.5 The administration of large numbers ofindividual cases requires the application of asystematic, case management approach, in-cluding the following steps:

a. Promote the granting of appropriatelegal status, to the extent this is inade-quate, to allow refugees to have accessto employment and educational facilities.

b. Conduct a thorough assessment of eachurban refugee individual or family(noting that there may be differencesfor women and men), to determine:

l what assistance is required, for howlong; and

l how the individual refugee or fa-mily can contribute towards self-sufficiency.

c. Draw up a plan between counsellor andrefugee, summarizing the agreed pathto self-sufficiency. Review the planp e r i o d i c a l l y, to measure progressagainst the objective.




February 2003

d. Carry out a regular case-load analysis.

5.6 Assistance most frequently provided tourban refugees involves:

a. Care and maintenance, through theprovision of daily subsistence allow-ances (normally not exceeding sixmonths), giving priority to refugeeswith special needs.

b. Voluntary repatriation (whenever fea-sible).

c. Local settlement assistance, including:

l counselling, as part of case ma-nagement;

l educational assistance, givingpriority to primary education andvocational training;

l income-generating schemes (in-cluding grants or loans and co-operative schemes); or

d. Resettlement (rarely applicable).

5.7 Further Resource

Evaluation of the Implementation of UNHCR’s

Policy on Refugees in Urban Areas (by NaokoObi and Jeff Crisp, EPAU/2001/10, December2001).

6. RETURNEES

6.1 Refugees who have returned to theircountry of origin, normally in the context ofvoluntary repatriation, are referred to as“returnees”. The term is also applied to displacedpersons within a country who have returned totheir places of former residence.

6.2 In legal terms, refugees who returnvoluntarily to their country of origin cease to berefugees and, therefore, cease to be of concern tothe High Commissioner. UNHCR has, however,been called upon by the UN General Assembly to

assist returnees, within the context of voluntaryrepatriation operations. There is often aparticular need to facilitate the reintegration ofrefugees and displaced persons returning to theirhomes which have suffered large-scale de-vastation from long years of conflict.

Protection of Returnees

6.3 In principle, UNHCR’s protection res-ponsibilities cease from the moment that thecountry of origin assumes responsibility for itsreturning nationals. In practice, however,UNHCR may be called upon to assume amonitoring role for a limited period, in closeconsultation with the parties concerned. UNHCRrequires, for this purpose, direct and unhinderedaccess to returnees to monitor the fulfilment ofthe amnesties, guarantees or assurances on thebasis of which the refugees have returned.

6.4 Assistance to returnees within the contextof a voluntary repatriation programme isintended to ensure the durability of the voluntaryrepatriation. It entails a range of measures thatvary according to local circumstances and needs.These measures fall into four categories:

a. Pre-Departure Arrangements: m a yinclude registration, completion of aDeclaration of Voluntary Repatriation,medical screening and vaccination,sharing of information with thosedeparting and logistical preparations.Special attention should be paid to theneeds of vulnerable persons, inparticular the elderly, pregnant women,disabled persons, unaccompaniedchildren, and others who cannot copewith the demands of self-care;

b. Tr a n s p o r t a t i o n : involves the trans-port of returnees and their belongingsand associated requirements (transitcentres, food, etc.) to move thereturnees from the country of asylum,or zone of displacement, to their homeareas;



22

c. Relief Measures: may include thedistribution of food rations, householditems, shelter materials, simpleagricultural tools, seeds, etc. The du-ration of this assistance is normallylimited to three to six months for eachindividual returnee (the operation itselfmay last longer, depending upon thenumber of returnees involved). Thedistribution of relief items should belimited to a one-time distribution. Foodassistance may, however, be requiredfor a 12-18 month period, covering aplanting and harvest cycle. The WorldFood Programme (WFP) is normallyresponsible for providing basic fooditems; and

d. R e h a b i l i t a t i o n : of a short-term na-ture, designed to assist the returnees toattain a standard of living comparableto that of the local population.Assistance is normally provided toindividuals but, where necessary, caninvolve limited support to help improvethe basic infrastructure of communitieswith a concentration of returnees.U N H C R ’s direct involvement in thisform of assistance is of limited scopeand duration. As regards broaderdevelopment initiatives in the areas ofreturn, UNHCR’s role is principally thatof a catalyst, to encourage the nationalgovernment to include areas of returnin national development plans, and tosupport the involvement of inter-national development organizations(including other UN agencies), insupport of the national government, inareas of return (Section 3.1.5). Theneeds of vulnerable persons should beassessed and specially addressed.

6.5 Imagine Coexistence: the Imagine Co-existence Project was initiated by Mrs. Ogata,the United Nations High Commissioner forRefugees (1990-2000), as a way of addressingU N H C R ’s responsibilities in situations ofrepatriation to and reintegration into divided

communities. It included projects in Bosnia-Herzegovina and Rwanda and a substantialresearch component implemented by theFletcher School of Law and Diplomacy, TuftsUniversity.

6.6 The initiative sought to demonstrate thepossibilities for promoting coexistence amongmembers of deeply divided communities,including returning refugees and displacedpersons. It began with the recognition thatreconciliation is, at best, a distant goal, butcoexistence is a crucial shorter-term objectivethat leads towards reconciliation and forgive-ness. The project focused on joint activities formembers of conflicting groups to build/rebuildrelationships with a view to overcoming deeplyrooted mistrust and promoting cooperation,which would help them to be prepared for futuredevelopment processes in a post-conflictenvironment.

6.7 The report by the research team fromFletcher School of Law and Diplomacy, TuftsUniversity presented important lessons learnedfrom the project, and provided major findingsespecially as regards the refinement of theconcept of coexistence, the role of implementingpartners, the context analysis, development of astrategy for the launching of community efforts,implementation and evaluation of activities andthe role of UNHCR.

6.8 More information on the results of theproject and the lessons learned may be obtainedfrom RLSS (Reintegration and Local SettlementSection) in the Division of Operational Support(UNHCR).




February 2003

1. UNHCR AND THE UN SYSTEM

1.1 UNHCR is one of a number of subsidiaryorganizations, specialized agencies andcommissions established by the United Nationsto further the purposes of its Charter. Otherorganizations within the UN System with whichUNHCR works most frequently include theWorld Food Programme (WFP), the UnitedNations Children’s Fund (UNICEF), the WorldHealth Organization (WHO), the United NationsDevelopment Programme (UNDP), and theInternational Bank for Reconstruction andDevelopment (IBRD).

1.2 The General Assembly is the UN’s maindeliberative body which examines issues comingwithin the scope of the UN Charter. The GeneralAssembly is composed of representatives fromall member States, each State having one vote.Its regular annual session, held in New York,begins in mid-September and continues untilmid-December. Special sessions may also beconvened on specific topics. The results of itsdeliberations are communicated as resolutions.

1.3 The work of the General Assembly takesplace in committees and in plenary sessions. ItsMain Committees are as follows:



24

Section 1.4 ORGANIZATION AND ROLE OF UNHCR

1. UNHCR and the UN System2. UN High Commissioner for Refugees3. UNHCR Executive Committee (EXCOM)4. Headquarters Organization5. Field Operations

The purposes of the United Nationsas embodied in its Charter are:

l to maintain international peace and security;

l to develop friendly relations among nations, based on respect for the principle of equal rightsand self-determination of peoples;

l to cooperate in solving international problems of an economic, social, cultural or humanitariancharacter, and promoting respect for human rights and fundamental freedoms for all;and

l to be a centre for harmonizing the actions of nations in attaining their common ends.

l First CommitteeDisarmament and International Security

l Second CommitteeEconomic and Financial

l Third CommitteeSocial, Humanitarian and Cultural

l Fifth CommitteeAdministrative and Budgetary

l Sixth CommitteeLegal

Of the Main Committees, those of specialimportance to UNHCR are the Third and FifthCommittees.

1.4 In addition, there are a number of othercommittees and bodies established under theGeneral Assembly’s rules of procedure: p r o-cedural committees; standing committees; andsubsidiary bodies. In addition, a number ofTreaty Bodies established by the Human RightsConventions report to the General Assembly ontheir activities.

1.5 Of the standing committees, one ofparticular relevance to the work of UNHCR is theAdvisory Committee on Administrative and

Budgetary Questions (ACABQ). As the namesuggests, the ACABQ reviews all issues of abudgetary or administrative nature that comebefore the Fifth Committee of the UnitedNations General Assembly. Set up by the GeneralAssembly at its first session (GA Res.14A (I)(1946)), it has 16 members each appointed for aperiod of 3 years. Members are eligible forreappointment; they retire by rotation. UNHCRappears before the Committee normally once ayear in September, prior to the ExecutiveCommittee, to discuss the Annual ProgrammeBudget to be presented to EXCOM. On occasion,UNHCR has appeared at its own request beforethe Committee to discuss and obtain ACABQ’sviews on a particular proposal to be consideredby EXCOM. All issues of budgetary significanceto be considered by EXCOM (e.g. creation of

positions of D II and above, changes to FinancialRules, proposals on budget structure, new officefor Headquarters, etc.) normally have to beaccompanied by the views of the ACABQ on theissue. The EXCOM has shown itself, in the past,singularly reluctant to take decisions of ab u d g e t a ry/administrative nature without firsthaving the opinion of the ACABQ.

1.6 In accord with article 24 of the UN Charter,the members of the UN have entrusted theSecurity Council with the primary responsibilityfor the maintenance of international peace andsecurity. The Security Council is made up of fivepermanent members (China, France, RussianFederation, UK, USA) and 10 non-permanentmembers, five of whom are elected each year bythe General Assembly for a period of two years.Given the increased appreciation of the links offorced displacement to security, the HighCommissioner is invited, from time to time, tobrief the Council on particular refugee situations.

1.7 In the social and economic fields, the UN is charged, according to its Charter, withpromoting:

l higher standards of living, full employ-ment, and conditions of economic andsocial progress and development;

l solutions of international economic, social,health and related problems, and inter-national cultural and educational co-operation; and

l universal respect for and observance ofhuman rights and fundamental freedomsfor all without distinction as to race, sex,language or religion.

Responsibility for discharging these functions is vested in the Assembly and, under its autho-r i t y, in the Economic and Social Council

(ECOSOC).

1.8 Each year the High Commissionerprepares a report on the activities of the Officethat is presented though ECOSOC to the General


Organization and Role of UNHCR Section 1.4


February 2003

Assembly (Section 2.3). The Report of the annualUNHCR Executive Committee Meeting is addedto the ECOSOC Report as an addendum, to makethe UNHCR Annual Report to the GeneralAssembly. For the text of these Annual Reports(since 1951) and ECOSOC Reports (since 1995), see UNHCR’s website (www.unhcr.ch):Executive Committee.

2. UN HIGH COMMISSIONER FOR REFUGEES

2.1 UNHCR’s Statute specifies that the HighCommissioner be elected by the GeneralAssembly, on the nomination of the Secretary-General. The High Commissioner is responsibleto the General Assembly for the discharge of theOffice’s Mandate; he/she is responsible to theSecretary-General for the administration of theOffice.

2.2 A biographical note on each of the HighCommissioners is found on UNHCR’s website( w w w. u n h c r. c h ) : see Administration (RuudLubbers) and The State of the World’s Refugees2000 (Annex 11; UN High Commissioners forRefugees 1951-2000). Selected speeches of theHigh Commissioners may also be found on theUNHCR website.

3. UNHCR EXECUTIVE COMMITTEE (EXCOM)

3.1 The Executive Committee (EXCOM) wasestablished by the General Assembly inNovember 1957 [GA Res.1166 (XII)] to oversee

the work of UNHCR, and met for the first time inearly 1959. Prior to EXCOM, there existed anAdvisory Committee on Refugees (1951-1954)and then the UNREF Executive Committee(1955-1958). Currently (2003) there are 64members of the Executive Committee.

3.2 The EXCOM meets annually (October) inGeneva, Switzerland. The work of the EXCOM isfacilitated by a Standing Committee which meets3-4 times a year. The Standing Committee cameinto existence in 1996; it subsumed the work ofthe two previous sub-committees of the whole,namely the Sub-Committee of the Whole onInternational Protection (SCIP), and the Sub-Committee on Administrative and FinancialMatters (SCAF).

3.3 EXCOM is, strictly speaking, not agoverning body, but it does fulfil a number ofessential oversight/advisory functions, such as:

a. Approves the High Commissioner’sassistance programmes in an AnnualProgramme Budget.

b. Scrutinizes all financial and admin-istrative aspects of the Office’s work.

c. Advises the High Commissioner on thedischarge of his/her protection func-tion.



26

Printed Resource

United Nations Handbook ( N ewZealand Ministry of Foreign Affairs andTrade).

Convention Plus

“Convention Plus” is a generic term fora range of new protection tools in theform of multilateral “special agre e-ments” intended to complement the1951 Convention.The process of con-sultations leading to the elaboration ofsuch agreements is called the Forum.

4. HEADQUARTERS ORGANIZATION

4.1 The Headquarters of UNHCR is located inGeneva. It has an Office at the UN Headquartersin New York, as well as representations/ officesin a large number of countries.

4.2 The organization of UNHCR’s Head-quarters provides coherent overall direction forinternational protection, effective managementof field activities, and the necessary financial,technical and administrative support. Themixture of substantive, geographical andfunctional responsibilities inherent in UNHCR’sactivities requires direct accountability to theHigh Commissioner, through a minimum ofsupervisory layers, and strong functional controls which ensure that activities complywith established policies and procedures whichare applied consistently among the regions, andthat resources are used to best effect forrefugees.

4.3 Currently, the Headquarters organizationconsists of the Executive Office, the Departmentof International Protection, the Department ofOperations (made up of five regional Bureaux,the Division of Operational Support (DOS) andthe Evaluation and Policy Analysis Unit(EPAU)), the Division of Communication andInformation (DCI), the Division of Financial andSupply Management (DFSM) and the Division ofHuman Resources Management (DHRM). Inaddition, and reporting directly to the ExecutiveOffice, are a number of units, including theOffice of UNHCR’s Inspector General, and theEmergency and Security Service (ESS). For acurrent organigramme of UNHCR’s Head-quarters structure, see UNHCR’s public website(www.unhcr.ch): Administration.

4.4 Each of the five regional Bureaux isresponsible for a specific geographic area. ABureau is made up of the Office of the Directorand a number of Desks, each with a Head ofDesk responsible for a country or a group ofcountries. Exceptionally, a Special OperationsUnit may be created to coordinate a particularrefugee situation, either within or as a separate

entity to a Regional Bureau. The five Bureaux areas follows:

l Bureau for Africa;l Bureau for The Americas;l Bureau for Asia and Pacific;l Bureau for CASWANAME (Central Asia,

S o u t h - West Asia, North Africa and theMiddle East);

l Bureau for Europe.

5. FIELD OPERATIONS

5.1 Within each country where UNHCR hasoperations, the official in charge is generallycalled the Representative (i.e. of the Office of theHigh Commissioner for Refugees); the countryoffice, in turn, is designated as the UNHCR

Representation in country X. In those instanceswhere it is a question of a regional office, theUNHCR presence is referred to as the UNHCR

Regional Representation in X region; corres-p o n d i n g l y, the High Commissioner’s repre-sentative is referred to as the Regional Re-

presentative. In a given country, the UNHCRpresence, under the overall authority of theRepresentative, may be distributed among theC o u n t ry /Branch Office in the capital, and,depending on the size of the operation, Sub-Office(s) and Field Office(s).

5.2 The UNHCR Representative acts on behalfof the High Commissioner in all aspects ofUNHCR’s activities in the country(ies) to whichhe/she is accredited. The UNHCR Represen-tative’s responsibilities, are, inter alia, to pro-mote UNHCR objectives and maintain relationswith the government, diplomatic missions, UNagencies, other inter-governmental organiza-tions, non-governmental organizations and themedia; to ensure the protection of persons ofconcern to UNHCR through the government’sobservance of the universally recognized prin-ciples of asylum; and to promote accession toand, where applicable, compliance with the rele-vant international refugee instruments.


Organization and Role of UNHCR Section 1.4


February 2003

1. OPERATIONAL ROLE

U N H C R ’s operational role, defined by itsmandate (see Section 1.1), encompasses fullresponsibility and accountability to the inter-national community and the refugees for allaspects of the complete life-cycle of a refugeesituation – from early warning and contingencyplanning, to the protection of and assistance torefugees, to the achievement of durable solutionsto the plight of the refugees and other persons ofconcern to the High Commissioner, includingreturnees and internally displaced persons.

2. IMPLEMENTATION OPTIONS

2.1 UNHCR performs its operational role,whether it is implementing through imple-menting partners (Section 1.6), implementingdirectly, or cooperating closely with operationalnon-governmental and other organizations whichare self-funded or have sources of funding otherthan UNHCR. UNHCR’s mandated functionsinclude the provision of humanitarian aid tothose in need, emergency relief, assistance withvoluntary repatriation, local integration andresettlement, education, counselling, re-habilitation and legal assistance.

2.2 UNHCR is operational through its res-ponsibility and accountability for the effectiveplanning and design of UNHCR-funded projects,and their overall supervision, monitoring,control and evaluation. This ensures that therequired assistance is received by the intendedbeneficiaries and is consistent with the approvedproject description, budget and clauses of the

implementing instrument, according to anestablished plan.

2.3 In some instances, UNHCR has no optionbut to provide direct assistance, i.e. to imple-ment refugee assistance itself. This happensmost frequently in the initial stages of anemergency involving a sudden influx of refugees,or in a repatriation operation, where it is notpossible to mobilize other agencies fast enoughto respond to the needs of the refugees. Some-times, the host government specifically requestsUNHCR to implement directly, or a suitableimplementing partner cannot be readily iden-tified. Protection or security concerns mayrequire the direct operational involvement ofUNHCR. UNHCR has also become increasinglyoperational for international procurementpurposes, because many of the commoditiesrequired for refugee programmes are not readilyavailable locally.

2.4 UNHCR sometimes defines operationalpartnerships with international and inter-governmental organizations, based on theirrespective mandates, on a global basis andformalizes this partnership in a Memorandum ofUnderstanding (MOU). A good example isUNHCR’s MOU with WFP (2002). Such MOUsclarify the respective roles and responsibilitiesof UNHCR and the operational partner in refugeeand returnee situations; on the basis of the globalMOU, more situation-specific MOUs are enteredinto, from time to time.

2.5 Operational partnerships with non-govern-mental organizations (NGO) may be formalizedthrough the Framework Agreement for Ope-


Section 1.5 UNHCR’s Operational Role and Operational Partners

28

Section 1.5 UNHCR’s OPERATIONAL ROLE AND OPERATIONAL PARTNERS

1. Operational Role2. Implementation Options3. Coordination

rational Partnership (Appendix A) which aims tobuild an active operational partnership through acommon commitment to understanding eachother’s roles and responsibilities, thus leading to better coordination and service to refugees; it also sets out standards of conduct, bothprofessional and personal.

3. COORDINATION

3.1 The successful delivery of refugee assist-ance programmes requires close coordinationthroughout the entire programming cycle,including the needs assessment, planning andbudgeting stages, and consultation with localauthorities in the concerned area. Parametersshould be agreed from the outset on the mediumand long-term objectives, the type and the levelof the response, and the limits of the partners’respective authority and responsibilities.

3.2 UNHCR is recognized as the appropriatelead agency in refugee and returnee situations orin others where it has been designated the “leadagency”, to bring together concerned bodies forneeds assessments, and the formulation ofobjectives, programmes, reporting systems andpolicy guidelines. In such situations, UNHCRretains overall responsibility to ensure that anappropriate durable solution is implemented,while respecting the independence of itspartners who have been selected for theirprofessional expertise and to whom authorityhas been delegated accordingly.

3.3 Thus, UNHCR’s operational role in refugeeand returnee situations always includes acoordinating function, regardless of whetherUNHCR is providing the funding. Together withthe government(s) concerned, UNHCR co-ordinates all protection and assistance torefugees, attempting to:

a. Ensure that assistance is timely,appropriate and cost-effective.

b. Establish appropriate standards andensure their application.

c. Identify complementarities and synergyamong those involved in providingassistance.

d. Avoid duplication of assistance acti-vities.

e. Facilitate communication and jointplanning among the organizations in-volved.

f. Encourage effective managementpractice at all stages of programmes,from emergency preparedness andresponse to consolidation of durablesolutions and phase out.


UNHCR’s Operational Role and Operational Partners Section 1.5


February 2003

Framework Agreement forOperational Partnership

The Framework Agreement for Ope-rational Partnership (FAOP) betweenUNHCR and NGOs grew out of thePA R i n AC Process (1994). Using thePARinAC Oslo Agreement and Plan ofAction as its basis, the FAOP addressesthe need for a common ap p ro a c htowards the provision of protection andassistance to refugees by UNHCR andits NGO partners.

See Appendix A1to this Handbook

1. UNHCR DELEGATION OF IMPLEMENTATION RESPONSIBILITIES

1.1 The implementation of UNHCR’s as-sistance projects is normally entrusted to animplementing partner, in accordance with theStatute of the Office. Implementing partners areusually specialized government departments oragencies, other members of the United Nationssystem, non-governmental and inter- g o v e r n-mental organizations and, in some instances,private firms.

1.2 From the outset, UNHCR’s work wasintended to be undertaken jointly with othermembers of the international community. As itsactivities have expanded and diversified,U N H C R ’s relations with its implementingpartners have become increasingly important.UNHCR draws on the expertise of other UNorganizations in matters such as food supply(WFP) and food production (FAO), healthmeasures (WHO), education (UNESCO), childwelfare (UNICEF), vocational training (ILO) anddevelopment assistance (UNDP). Over thedecades, non-governmental organizations havecontinued to provide the most sustained anddevoted service to the cause of refugees,returnees and other persons of concern. Theynot only provide substantial aid from their ownresources, but frequently carry out specificUNHCR projects.

1.3 The delegation of the implementation of anassistance project is embodied in an im-plementing agreement, which is a documentsigned by UNHCR and the implementing partner,and which is legally binding. The implementing

agreement defines the conditions governing theimplementation of a project and providesauthority for the obligation of funds (see Section4.1).

1.4 For implementing partners, imple-mentation can only begin after the implementingagreement has been formulated, issued andsigned.

2. CHOICE OF AN IMPLEMENTING PARTNER

2.1 The choice of an implementing partner forproject implementation is determined by severalfactors, including the scale, nature and locationof the project under which assistance is to beprovided. In many instances, a governmentdepartment will implement a component of theproject (sub-project). Non-governmental organ-izations (NGOs) may also be selected toimplement a sub-project.



30

Operational Partner: governmental,i n t e r- governmental and non-gove r n-mental organizations and UN agenciesthat work in partnership with UNHCRto protect and assist refugees,leading tothe achievement of durable solutions.

Implementing Partner: operationalp a rtner that signs an implementingagreement and receives funding fromUNHCR.

Section 1.6 UNHCR’s IMPLEMENTING PARTNERS

1. UNHCR Delegation of Implementation Responsibilities2. Choice of an Implementing Partner3. Building Partnership

2.2 As concerns non-governmental organ-izations (NGOs) in particular, they must meetfour basic conditions in order to be consideredby UNHCR as an implementing partner:

a. They must be legally registered at thelocation of their Headquarters and/or inthe country where they are operating;

b. They must have the authority to operatea bank account in the country ofimplementation and the ability tomaintain separate accounts and/oraccounting records for any expen-ditures incurred on behalf of UNHCR;

c. They must be able to demonstratefinancial reliability through the pro-duction of official annually auditedfinancial statements; and

d. They must be willing to adhere to therules and procedures of UNHCR forproject implementation, to followUNHCR’s established policies, and tocomply with the laws and policies ofthe country in which they operate.

2.3 Because each refugee situation is unique,the responsible UNHCR Representative will takea number of additional criteria into consi-deration when selecting appropriate im-plementing partners. The following list providesan indication of these criteria, but UNHCR mustmaintain flexibility in its selection criteria toassure the desired effectiveness, efficiency andquality of services to the refugees:

a. Quality of service: an implementingpartner will be selected to meet adefined need. The partner should beable to demonstrate a previous abilityto deliver such assistance effectively,either in the same country or else-where.

b. Rapid response: since most refugeesituations, by their very nature, occuror change suddenly, the implementing

partner should be able to respond toemergencies at short notice. Theimplementation of a programme ofassistance will be greatly improved ifthe partner can be involved at theplanning stage.

c. Local experience: given the lead timetaken to get established in a newc o u n t r y, UNHCR prefers to select apartner who already has an ongoingprogramme in the country and forwhom an expansion of work would notbe administratively difficult.

d. Contribution of resources: t h esupport base of implementing partners,particularly NGOs, varies considerably.H o w e v e r, it would normally be ex-pected that a partner, particularly anNGO, would be able to make a con-tribution of resources to the pro-gramme in cash or kind (e.g. staff andadministrative support). In any case,NGO and UNHCR fund-raising effortsfor programmes should be comple-mentary, in recognition of the partner-ship principle.

e. Continuity of staff: the ability of animplementing partner to maintain stafffor sustained periods of time willcontribute to the continuity and sta-bility of the programme, and thecumulative knowledge of those in-volved in a programme will enhance itsbenefits to the refugees.

f. UNHCR experience: given the timerequired to become acquainted with thereporting and other UNHCR pro-cedures, it may be preferable to select an implementing partner withprevious experience working withUNHCR. This should not, however,exclude new partners whose otherqualities make them suitable for theimplementation of refugee pro-grammes.


UNHCR’s Implementing Partners Section 1.6


February 2003

g. International or national / l o c a l

organizations: it may be preferable toselect a national or local NGO, or aninternational NGO with a local affiliate,since they may be better acquaintedwith the local situation. For a refugeeprogramme, they can provide elementssuch as cultural awareness, knowledgeof local conditions, ability to workeffectively at the grass roots level,language skills, recognition andcooperation from local authorities, andso on. On the other hand, they may lackexpertise, international connectionsand funding sources. It should also beborne in mind that, in certain sensitiverefugee situations, the presence ofinternational staff from an internationalNGO can be beneficial to the refugees;

h. Single NGO or consortium: in somesituations, a consortium of NGOs whopool their resources to provide acoordinated response to refugee needscan be advantageous; and

i. Phase-out potential: the imple-menting partner should be able to planfor a phase-out or phase-down of theirinvolvement through, inter alia, therecruitment and training of refugees,local staff and/or local communities.

2.4 When the choice of an implementingpartner has been made, the UNHCR Officeestablishes an ongoing dialogue, with a view toundertaking joint assessments of local situationsand involving the implementing partner’s staff inthe planning process.

3. BUILDING PARTNERSHIP

3.1 UNHCR field operations range from largescale, complex emergencies for the benefit ofhundreds of thousands of refugees to minimalassistance to limited numbers of individualrefugees in towns and cities. UNHCR’s financialcontribution to its partners ranges from no

contribution at all, to a small percentage of apartner’s overall budget or to representing themajor source of a partner’s funding. Manypartners are full creative partners with UNHCRat all stages of the planning and implementationprocess, while others depend on UNHCR todetermine the nature and scope of theirinvolvement. Given this range of relationships, itis difficult to precisely define the factors thatensure effective working relations betweenUNHCR and its operational and implementingpartners. One point, however, is clear: buildingeffective partnerships with its operationalpartners (referred to here as both operationaland implementing partners) is one of UNHCR’smain priorities in every operation.

3.2 While each operation has its uniquecharacteristics, the lesson that UNHCR and itspartners have learned repeatedly is that effectivepartnership is no accident. The pressure torespond quickly, the potential for misunder-standing, and the difficulty in maintaining goodcommunication, all create conditions that canresult in ineffective and inefficient decision-making and delivery of assistance. The challengefor UNHCR and its partners is thus one of makingtheir partnership succeed. This requires adeliberate effort on the part of all staff members:UNHCR’s and those of the operational partners.

3.3 Recent consultations by UNHCR withpartners to reinvigorate a culture of partnership,various collaborative processes, programmeevaluations and programme managementtraining workshops with UNHCR and opera-tional partners have all provided opportunitiesfor staff members to reflect on what is needed tocreate and sustain effective partnership. Thesecan be illustrated as a series of UNHCR-operational partner “Best Practice” principleswhich should guide decision-making and actionin all operations.

3.4 “Best Practice” in this context refers to theway, based on experience and lessons learned,that UNHCR and its partners should carry outthe essential tasks of an operation. In otherwords, it is doing the right things the right way.



32

UNHCR-operational partner best practice forbuilding effective partnerships can be expressedas a series of principles. These are described inthe paragraphs that follow.

3.5 In order to build effective partnerships,UNHCR and its operational partners shouldstrive to understand each other’s point of

v i e w. In many instances, conflicts can beavoided or resolved if both parties make aneffort to understand each other’s position priorto taking action or entering into negotiations.

3.6 From the beginning of each operation,UNHCR and its partners should seekopportunities to learn from each other. Allpartners within an operation will bring expertiseand learn lessons which will be of benefit to allthe parties involved. The key is to createopportunities for sharing of expertise.

3.7 All partners in an operation shouldcommit jointly to excellence and im-

provement. The making of such a commitmentfosters attitudes of striving for continuousimprovement and encourages open discussion ofproblems and weaknesses in implementation.

3.8 For the partnership to be effective, all the partners should commit to transparency

and information-sharing. Not only will thisfacilitate decision-making, but it will helpprevent misunderstanding and frustration.

3.9 In all aspects of an operation, the partnersshould look for synergy. Synergy, simply put, isthe recognition that the whole is greater than thesum of its parts. Operational partners looking forsynergy are cooperating creatively in order to getthe most out of their resources.

3.10 Operational partners should think win-

win in their interactions with each other.

Rather than seeking individual advantage,partners should seek ways of working with eachother so that all parties benefit.

3.11 For communication in an operation to beeffective, partners in an operation should

endeavour to communicate in all directions.Information needs to flow not only up and

down, but sideways. In this way informationwill be available when it is needed by those whoneed it. It also ensures problems are raised andpolicy decisions taken in a timely manner.

3.12 Effective planning is a critical factor in ano p e r a t i o n ’s success. Moreover, problems andissues will inevitably arise in every operation,regardless of the quality of the planning. Toensure maximum effectiveness and efficiency,operational partners should plan and solve

operational problems together. Not only doesjoint planning and problem solving help ensuretimely and appropriate implementation, but italso builds teams which will support each otherin times of difficulty.

3.13 UNHCR and its operational partnersinevitably experience resource constraints at allstages of an operation. Consequently, UNHCRand its partners must establish coordinatingmechanisms and processes which facilitatecontinuous prioritization so that issues andconcerns are assessed in terms of their urgencyand importance and timely action is taken.

3.14 It is also essential that both UNHCR and itspartners respect each other’s expertise. Eachpartner will bring expertise to the operationwhich, if harmoniously and wisely combined,will strengthen overall implementation capacity.Unhealthy competition will result in duplicationof effort and inefficient delivery of assistance.

3.15 From the earliest stages of any operation,it is important that UNHCR and its partnerstogether define roles, standards and limits

and agree to respect them. Failure to do sowill lead to uneven delivery and inefficient use ofresources. Consistency in this area will lead toprojects of the right quality, delivered in a timelymanner, and at the right cost.

3.16 No matter how well planned an operationmay be, situations and issues will arise whichwill require policy decisions. It is essential thatUNHCR and its partners work together at all


UNHCR’s Implementing Partners Section 1.6


February 2003

stages of the implementation process to identify

policy gaps, set policy, and share the policy

with all concerned. The failure of programmemanagers to take timely policy decisions leads toindecision and ambiguity at working levels.Timely decisions that are well communicatedhelp to ensure that protection and assistanceactivities will have the desired impact.

3.17 There are inevitably going to be gaps in theknowledge and skills of both UNHCR andoperational partner staff members. Thus,UNHCR and its partners should commit to

training from the earliest stage of any

operation. How much time and effort to bedevoted to training, both formal and informal, isa planning issue which should be addressede a r l y. Moreover, the link between trainingactivities and operational objectives should beclear.

3.18 Putting these principles into practice is note a s y. Using these principles as a basis fordecision-making requires taking the time todiscuss the process for carrying out essentialtasks and agreeing on processes and deadlines.Initial investment in such discussions early in anoperation will pay off in efficiency and smoothworking relations in subsequent stages ofimplementation. UNHCR and operational part-ner experience has shown that workingrelationships built on these principles are afundamental means for ensuring that refugeneeds are addressed in the most effective andefficient way possible.



34

Under the Framework Agreement forOperational Partnership (FAOP) bet-ween UNHCR and NGOs (see Annex Ato this Handbook for complete text),itis agreed that the partners to the Agree-ment will be guided by the principles setdown in the Code of Conduct of theInternational Red Cross and RedCrescent Movement and Non-Govern-mental Organizations which includes,inter alia, the following commitments:

l to ensure that the humanitarianimperative comes first;

l to give aid regardless of the race,creed or nationality of the reci-pients and without adverse distinc-tion of any kind; and to determineaid priorities on the basis of needalone;

l to ensure that aid will not be usedto further a particular political orreligious standpoint;

l to not act as instruments of govern-ment policy.

For related standards of conduct aimedat ensuring protection from sexualexploitation and abuses, based on theIASC six principles,see Appendix C1.

Date post:	10-Mar-2018
Category:	Documents
Upload:	duongduong
View:	235 times
Download:	2 times

CHAPTER 1 UNHCR: THE MANDATE AND THE …refugeestudies.org/UNHCR/UNHCR. Mandate and the...CHAPTER 1...

Documents