This chapter provides information about UNHCR s mandate from the United

Transcription

1 PARTNERSHIP An Operations Management Handbook for UNHCR s Partners CHAPTER 1 February 2003 CHAPTER 1 UNHCR: THE MANDATE AND THE ORGANIZATION Chapter Overview This chapter provides information about UNHCR s mandate from the United Nations, to protect and assist refugees and to find durabe soutions to their pight through vountary repatriation, oca integration or resettement. The term refugee is defined, with a brief description of the various sub-groups protected and assisted by UNHCR and its operationa partners. There is an overview of the organization of UNHCR, and an expanation of the associated terminoogy. The chapter concudes with a description of UNHCR s operationa roe, programme impementation options and the criteria for seecting impementing partners. Section 1.1 UNHCR s Mandate 1. Historica Background UNHCR s Evoving Responsibiities... 4 Section 1.2 Protection, Assistance and Durabe Soutions 1. Internationa Protection Refugee Status Protection and Assistance Durabe Soutions Preventing Refugee Crises Stateessness Section 1.3 Who Are the Refugees, Returnees and Internay Dispaced? 1. The Chaenge Refugee Women and Gender Equaity Refugee Chidren and Adoescents Refugees with Specia Needs Urban Refugees Returnees For more information visit UNHCR s website: 1

2 CHAPTER 1 PARTNERSHIP An Operations Management Handbook for UNHCR s Partners Section 1.4 Organization and Roe of UNHCR 1. UNHCR and the UN System UN High Commissioner for Refugees UNHCR Executive Committee (EXCOM) Headquarters Organization Fied Operations Section 1.5 UNHCR s Operationa Roe and Operationa Partners 1. Operationa Roe Impementation Options Coordination Section 1.6 UNHCR s Impementing Partners 1. UNHCR Deegation of Impementation Responsibiities Choice of an Impementing Partner Buiding Partnership

3 UNHCR: THE MANDATE AND THE ORGANIZATION UNHCR s Mandate Section 1.1 February 2003 Section 1.1 UNHCR s MANDATE 1. Historica Background 2. UNHCR s Evoving Responsibiities UNHCR s Statute (UN Genera Assemby resoution 428(V) of 14 December 1950): The United Nations High Commissioner for Refugees, acting under the authority of the Genera Assemby, sha assume the function of providing internationa protection,under the auspices of the United Nations, to refugees who fa within the scope of the present Statute and of seeking permanent soutions for the probem of refugees by assisting governments and, subject to the approva of the governments concerned,private organizations to faciitate the vountary repatriation of such refugees,or their assimiation within new nationa communities. 1. HISTORICAL BACKGROUND 1.1 UNHCR is the Office of the United Nations High Commissioner for Refugees. The Office was created in December 1950 by Resoution 428(V) of the United Nations Genera Assemby, and began its operations on 1 January UNHCR is a humanitarian and stricty non-poitica organization devoted to protecting and assisting refugees. 1.2 Refugees are peope who have been forced to sever inks with their home country. They cannot rey on their own governments for ega protection; it is this, which distinguishes refugees from other migrants, however desperate, and other peope in need of humanitarian assistance. Because refugees do not have access to the ega and socia protection that a propery functioning government is supposed to extend to its citizens, the internationa community has had to make specia arrangements to respond to their particuar pight. 1.3 The conviction that the internationa c o m m u n i t y rather than individua governments or charitabe organizations has a duty to provide refugees with protection and find soutions to their probems dates from the time of the League of Nations, estabished in Fridtjof Nansen, a renowned Arctic exporer from Norway, beieved that the League of Nations provided an unprecedented opportunity to estabish peace and promote reconstruction in post-war Europe. In 1921, to provide a foca point for coordination of reief efforts, the League of Nations appointed Nansen as the first High Commissioner for Refugees a roe he performed tireessy unti his death in One of the fundamenta probems facing refugees and dispaced peope was their ack of internationay recognized identity papers. The new High Commissioner introduced the Nansen passport, the forerunner of today s Convention Trave Document for Refugees. It enabed thousands to return home or sette in other countries, and represented the first in a ong and sti evoving series of internationa ega measures designed to protect refugees. 1.5 Over the foowing years, the League of Nations set up a succession of organizations and agreements to dea with new refugee situations as they emerged. The League defined refugees in terms of specific groups who were judged to be For more information visit UNHCR s website: 3

4 Section 1.1 UNHCR: THE MANDATE AND THE ORGANIZATION UNHCR s Mandate in danger if they were returned to their home countries. Starting with the probem of identity papers and trave documents, measures to protect refugees became more comprehensive as time went on, covering a wide range of matters of vita importance to their daiy ives, such as the reguarization of their persona status, access to empoyment and protection against expusion. 1.6 When the United Nations repaced the League of Nations in 1945, it recognized from the outset that the task of caring for refugees was a matter of internationa concern and that, in keeping with its Charter, the community of States shoud assume coective responsibiity for those feeing persecution. In 1946, at its first session, the Genera Assemby adopted a resoution that aid the foundations for United Nations activities in favour of refugees. The resoution stressed that no refugee or dispaced person who had expressed vaid objections to returning to his country of origin shoud be compeed to do so. 1.7 The United Nations aso estabished the Internationa Refugee Organization (IRO), whose mandate was to protect those refugee groups that had been recognized by the League of Nations, and one new category the 21 miion or so refugees scattered throughout Europe foowing Word War II. Initiay, the IRO s main objective was repatriation. But the poitica buid-up to the Cod War tited the baance instead towards resettement of those who had vaid objections to returning home. The IRO was repaced by the Office of the High Commissioner for Refugees (UNHCR) in UNHCR s EVOLVING RESPONSIBILITIES 2.1 U N H C R s founding Statute entrusts UNHCR with two main and cosey reated functions to protect refugees and to promote durabe soutions to their probems. 2.2 When UNHCR was first estabished, materia aspects of refugee reief were seen to be the responsibiity of the government which had granted asyum. Activities mainy concerned the resettement of refugees in the aftermath of Word War II, whose needs were argey met by the countries directy invoved and by nongovernmenta organizations. However, as many of the word s more recent major refugee fows have occurred in ess deveoped countries, UNHCR has acquired the additiona roe of coordinating materia assistance for refugees, returnees and, in specific instances, dispaced persons. Athough not mentioned in the o r g a n i z a t i o n s Statute, this has become one of UNHCR s principa functions, aongside protection and the promotion of durabe soutions. 2.3 In 1952, the Genera Assemby recognized the need for UNHCR to extend some form of materia assistance to refugees, and authorized the High Commissioner to seek funds for emergency aid. In 1954, the High Commissioner was authorized to estabish the United Nations Refugee Fund (UNREF). Its purpose was to achieve durabe soutions (through vountary repatriation, oca integration and resettement) and to continue emergency assistance to the most needy cases. In 1957, the Genera Assemby authorized the High Commissioner to put into effect an annua assistance programme, to be submitted for approva to the Executive Committee (EXCOM). The High Commissioner was aso authorized to estabish an emergency fund. This was the beginning of what ater became UNHCR s Genera Programmes. More recenty, starting with the budget for 2000, these Genera Programmes and another category caed Specia Programmes (see beow) were merged into a unified Annua Programme Budget (see Section 2.2, UNHCR s Budget and Funding). 2.4 Toward the end of the 1950s and throughout the 1960s, the focus of UNHCR s activities turned from Europe towards deveoping countries. This shift was prompted by the refugee crisis resuting from the process of decoonization, primariy in Africa. During this period, the Genera Assemby authorized the High Commissioner to end his/ her good offices 4

5 UNHCR: THE MANDATE AND THE ORGANIZATION UNHCR s Mandate Section 1.1 February 2003 in seeking appropriate soutions to the probems of specific groups. These mainy comprised persons in situations simiar to those of refugees but who, for various reasons, were not considered to be within the High Commissioner s mandate. The needs of these groups were, in genera, temporary, and vountary repatriation was frequenty a feasibe soution. 2.5 This trend changed in the ate 1960s and eary 1970s. As the process of decoonization abated, new types of conficts emerged, many of them regiona, giving rise to arge-scae movements of refugees. This was aso the period when UNHCR was caed on to provide assistance under Specia Programmes, in accordance with resoutions adopted by the Genera Assemby and the Economic and Socia Counci (ECOSOC). This category of programmes has since been discontinued, but the reaities they addressed are sti covered under UNHCR s unified Annua Programme Budget or Suppementary Programmes (see Section 2.2, UNHCR s Budget and Funding). 2.6 The refugee probems of the 1980s, 1990s and those currenty facing the Office, bear itte resembance to those of the eary years which foowed the adoption of UNHCR s Statute. Difficuties are often compounded by deveopment probems, and soutions to the underying conficts can be eusive, eading to stagnating refugee situations. Moreover, in recent years, the Genera Assemby and the United Nations Secretary-Genera have caed upon UNHCR with increasing frequency to protect or assist particuar groups of internay dispaced persons who have not crossed an internationa border but are in a refugee-ike situation inside their country of origin. For exampe, in 1991, the Secretary-Genera asked UNHCR to assume the roe of ead United Nations agency for humanitarian assistance to the victims of the confict in the former Yugosavia. By 2002, UNHCR was assisting some five miion internay dispaced persons in Africa, the Bakans, the former Soviet Union, Coombia, Sri Lanka, East Timor, Afghanistan and other ocations. 2.7 These conditions have ed the High Commissioner to undertake preventive initiatives in countries, which currenty produce refugees or may do so in the future. In undertaking such initiatives, UNHCR is carefu to ensure that such activities are compementary to its internationa protection responsibiities, and consistent with the principes of internationa human rights and humanitarian aw; in particuar, UNHCR must ensure that the institution of asyum is not undermined. These preventive activities are carried out both before and during refugee crises. In the atter case, they frequenty take pace in the broader context of United Nations peace-keeping or peace-making efforts. 2.8 U N H C R s assistance programmes have inevitaby grown substantiay, both in magnitude and compexity, and differ radicay from those introduced in the eary days of its existence. In situations such as those described above, where poitica soutions to conficts are hard to find, ongoing protection and assistance programmes, accompanied by efforts to make refugees more sef-reiant, are often the ony aternative. The resources required for these programmes are considerabe. 2.9 In terms of financia resources, UNHCR is amost entirey dependent on vountary contributions. Ony part of UNHCR s administrative expenditures is met from assessed contributions, i.e. from the United Nations Reguar Budget (which, in 2002, amounted to ess than two per cent of UNHCR s overa resource requirements) The underying goa of UNHCR s assistance remains the faciitation of protection and durabe soutions. As programmes have become arger and more compex, and in order to improve their panning and management, a more impact- and resuts-oriented Operations Management System (OMS) has been deveoped and is graduay being introduced to repace the earier Programme Management System (PMS). This first revision to the Handbook refects the changes that have been introduced so far. For more information visit UNHCR s website: 5

6 Section 1.1 UNHCR: THE MANDATE AND THE ORGANIZATION UNHCR s Mandate 2.11 As UNHCR enters the 21st century, its framework for action and that of its partners is to be found in the Agenda for Protection. This Agenda was the main product of the Goba Consutations on Internationa Protection, that UNHCR aunched in December T h e i r purpose was to provoke and to equip States, UNHCR and its other partners better to address the numerous chaenges confronting refugee protection. The resuting Agenda for Protection refects a wide cross-section of concerns and recommendations of States, intergovernmenta organizations, non-governmenta organizations (NGOs), as we as refugees themseves The Agenda for Protection focuses on suggested activities which woud strengthen internationa protection of asyum seekers and refugees and improve impementation of the 1951 Convention and its 1967 Protoco. These activities fow from the Decaration adopted unanimousy by States Parties to the 1951 Convention and/or its 1967 Protoco at the Ministeria Meeting of State Parties, organized jointy by Switzerand and UNHCR on December 2001, to commemorate the Convention s 50th anniversary. For further information on the Goba Consutations, the Report of the Ministeria Meeting, and the Agenda for Protection, pease consut UNHCR s website. Further Resources UNHCR s website: contains a range of additiona information on the mandate and history of UNHCR: The State of the Word s Refugees 2000.Fifty Years of Humanitarian Action. (Oxford University Press, 2000) Chapter 1: The eary years Chapter 11: The changing dynamics of dispacement UNHCR. A Pictoria History Heping Refugees. An Introduc - tion to UNHCR Goba Consutations 6

7 UNHCR: THE MANDATE AND THE ORGANIZATION Protection, Assistance and Durabe Soutions Section 1.2 February 2003 Section 1.2 PROTECTION, ASSISTANCE AND DURABLE SOLUTIONS 1. Internationa Protection 2. Refugee Status 3. Protection and Assistance 4. Durabe Soutions 5. Preventing Refugee Crises 6. Stateessness 1. INTERNATIONAL PROTECTION The protection of refugees is UNHCR s raison d être. Protection ies at the heart of the Office s efforts to find durabe soutions to the pight of refugees, and provides the context in which UNHCR carries out its reief activities. 2. REFUGEE STATUS 2.1 The 1951 Convention reating to the Status of Refugees was drawn up in parae with the creation of UNHCR. It is a egay binding treaty and a miestone in internationa refugee aw. Whie the scope of the 1951 Convention (see beow) was confined to peope who became refugees prior to 1 January 1951, UNHCR, through its Statute, was given a genera competence to dea with refugee probems wherever they might arise, irrespective of date or ocation, as ong as those concerned had a wefounded fear of persecution. 2.2 Subsequent decades demonstrated that refugee movements were by no means a phenomenon confined to Word War II and its aftermath. As new refugee groups emerged, it became increasingy necessary to adapt the Convention to make it appicabe to new refugee situations. The 1967 Protoco was introduced to make the Convention truy universa and not imited in time Convention reating to the Status of Refugees Contains a genera definition of the term refugee that no onger ties it to specific nationa groups,but to the reasons (or causes) for fight. Estabishes the principe of non-refouement; that is, the not-removing a person to a territory where he/she woud be at risk of being persecuted, or of being moved to another territory where he/she woud face persecution. Sets standards for the treatment of refugees,incuding their ega status,empoyment and wefare. Scope imited to peope who became refugees as a resut of events that took pace before January 1, 1951, with signatory States given the option to imit its geographica appication to Europe Protoco Aboished the geographica imitation and the 1951 deadine, making the Convention universa. For more information visit UNHCR s website: 7

8 Section 1.2 UNHCR: THE MANDATE AND THE ORGANIZATION Protection, Assistance and Durabe Soutions Regiona Initiatives 2.3 Whie the 1951 Convention definition of a refugee, with its emphasis on individua persecution, sti forms the core of UNHCR s mandate, additiona criteria have been progressivey introduced to accommodate the evoving nature of refugee fows in recent decades. 2.6 Broadening of the refugee definition in response to regiona considerations has provided much needed fexibiity to internationa action on behaf of peope forced to fee their countries. However, it has aso introduced a new compexity because a person recognized as a refugee in one region may not necessariy be considered one esewhere. 2.4 Regiona initiatives have extended the definition of a refugee as foows: a. To take into account the specia characteristics of the situation in Africa, the Organization of African Unity (OAU) formuated the 1969 Convention Governing the Specific Aspects of Refugee Probems in Africa, which expands the definition of a refugee to incude persons who were compeed to eave their country not ony as a resut of persecution, but aso owing to externa aggression, occupation, foreign domination or events seriousy disturbing pubic order in either part or the whoe of his country of origin or nationaity. b. In 1984, the Cartagena Decaration on Refugees was adopted for the Centra American region, adding the criterion massive vioation of human rights. Athough not formay binding, the Cartagena Decaration has become the basis of refugee poicy throughout Latin America, and has been incorporated in the nationa egisation of a number of States. 2.5 The extended refugee definitions of the OAU Convention and the Cartagena Decaration have brought internationa protection to a arge number of peope who may not be covered by the 1951 Convention and the 1967 Protoco, but are forced to move for a compex range of reasons incuding persecution, widespread human rights abuses, armed confict and generaized vioence. Definition of a Refugee According to the 1951 Convention Reating to the Status of Refugees,the term refugee appies to any person who: owing to we-founded fear of being persecuted for reasons of race, re i g i o n, nationaity, membership of a particuar socia group or poitica opinion, is outside the country of his nationaity and is unabe or, owing to such fear, is unwiing to avai himsef of the protection of that country;or who, not having a nationaity and being outside the country of his former habitua residence as a resut of such events, is unabe or, owing to such fear, is unwiing to return to it. Returnees 2.7 The Genera Assemby has aso caed upon the High Commissioner to provide assistance to returnees, as we as to monitor their safety and we-being on return (Genera Assemby Resoution 40/118). The situation of returnees needs to be monitored to ensure that amnesties or guarantees offered by the government of the country of origin are fufied and that returnees enjoy the same human rights and fundamenta freedoms as their feow citizens. 8

9 UNHCR: THE MANDATE AND THE ORGANIZATION Protection, Assistance and Durabe Soutions Section 1.2 February 2003 Persons of Concern 2.8 On an ad hoc basis, the UN Genera Assemby and Secretary-Genera have frequenty asked UNHCR to take care of groups of peope usuay referred to as persons of concern who are not covered by the 1951 Convention or even by the extended refugee definitions. For exampe, some groups of internay dispaced peope, such as the Kurds in northern Iraq and civiians in parts of Bosnia and Herzegovina, need internationa protection. 3. PROTECTION AND ASSISTANCE 3.1 To promote and safeguard the rights of refugees, UNHCR tries particuary to: a. Encourage accessions by States to the basic internationa instruments reating to refugees, and ensure their impementation. b. Ensure that refugees are treated in accordance with recognized internationa standards, receive an appropriate ega status, and enjoy economic and socia rights that are comparabe to those of the nationas of their country of asyum. c. Protect refugees and persons appying for refugee status from forcibe return (refouement) to a country where they have reason to fear persecution, and ensure that their appications for asyum are examined within the appropriate framework. d. Hep ensure the persona security of refugees and asyum-seekers. e. Promote the reunification of separated famiy members. 3.2 These measures are fundamenta to protect the rights of asyum-seekers and persons recognized as refugees. They may, however, be futie if the person s basic materia needs are negected. The reverse is aso true: there is itte purpose in having funds to feed refugees if they are not protected from refouement. Particuary where governments are concerned about the webeing of oca popuations where resources are threatened by the presence of a arge number of asyum-seekers, the suppy of materia assistance may be a means of preventing refouement. 3.3 Other exampes of the inks between protection and assistance are: a. The site chosen for a oca settement must take into account the security of those who wi be accommodated there proximity to a border may be a source of danger. b. The construction of dweings and camp buidings must ensure privacy and security for women, who may otherwise become victims of sexua assaut. c. Assistance towards repatriation must have as a first principe the vountary nature of the return. d. Resettement assistance can ensure the physica safety of refugees, and can aso hep individuas to be reunited with other members of their famiies. e. Assistance to individuas or refugee famiies, particuary in urban areas, may incude ega assistance or counseing. 4. DURABLE SOLUTIONS 4.1 The task of promoting durabe soutions to refugee probems is embodied in UNHCR s Statute (see Section 1.1, UNHCR s Mandate). The Statute defines durabe soutions under two distinct headings: vountary repatriation, and assimiation into new nationa communities which may invove oca settement in the country of first asyum or resettement in a third country, as shown beow: For more information visit UNHCR s website: 9

10 Section 1.2 UNHCR: THE MANDATE AND THE ORGANIZATION Protection, Assistance and Durabe Soutions DURABLE SOLUTIONS 1. Vountary repatriation 2. Loca settement 3. Resettement 4.2 In seeking durabe soutions to refugees probems, UNHCR attempts to hep those who wish to go home. Where repatriation is not feasibe, it heps to integrate refugees in countries of asyum or, faiing that, to resette them in other countries. 4.3 Durabe soutions are vita for refugees, to reease them from a sense of dependency and hep restore their sef-respect. Durabe soutions prevent the deveopment of a dependency syndrome, and provide opportunities for refugees to make a new start foowing the trauma that has accompanied the act of seeking refuge outside their homeand. Durabe soutions aso reduce the burden on the internationa c o m m u n i t y, and reieve the burden on oca communities when refugees who join them become economicay independent and sociay integrated. 4.4 UNHCR assigns a two-etter code to identify each type of durabe soution: RP vountary repatriation LS oca settement RE resettement Vountary Repatriation (RP) 4.5 Vountary repatriation, when feasibe, has ong been considered the preferred soution to refugee probems. It aows refugees to resume norma ife in their home country, and restores cutura and ethnic bonds within that country. Three vita conditions must be fufied to impement vountary repatriation in conditions of safety and dignity: a. The return must be vountary; no refugee shoud be returned to his/ her country of origin or habitua residence against his or her wi. b. There must be cear and unequivoca agreement between the country of asyum and the country of origin, both on the modaities of the movement and the conditions of reception; wherever possibe, Tripartite Commissions shoud be formed invoving the countries of origin and asyum, and UNHCR. c. As far as possibe, returnees shoud be aowed to return to their pace of former residence. 4.6 Where vountary repatriation is organized or faciitated by UNHCR, the Office attempts, wherever possibe, to ensure that a ega framework is set up to protect the returnees rights and interests. Steps taken incude negotiating amnesties and guarantees of nonrecrimination against returnees. 4.7 Assistance measures in the country of asyum incude preparations for departure and hep in organizing the journey home, by the most appropriate means of transport. Transit centres in the country of asyum are sometimes required. In some cases, reception faciities have to be organized within the country of origin. 4.8 Assistance may be provided in the initia phase of reintegration into their country of origin, to meet basic needs and hep the rehabiitation of the returnees. Such assistance is provided by UNHCR, and sometimes may be part of an overa United Nations programme of rehabiitation and reconstruction. Its purpose is to assist the returnees to integrate, as rapidy as possibe, into the economic and socia ife of their country of origin, which wi once again assume responsibiity for their protection. UNHCR may maintain a monitoring roe for a imited, transitiona period. UNHCR aso aims to enist the support of deveopment agencies in rebuiding the economic and socia ife in the communities of return. 10

11 UNHCR: THE MANDATE AND THE ORGANIZATION Protection, Assistance and Durabe Soutions Section 1.2 February A spontaneous cross-border return of a vountary nature may aso take pace, invoving, at times, arge numbers of refugees. Whie the movements themseves may occur without internationa assistance, UNHCR assistance may subsequenty be required at a ater stage to faciitate the process of reintegration. Loca Settement (LS) 4.10 In cases where vountary repatriation is unikey to take pace in the foreseeabe future, the best soution is often to sette refugees in their country of asyum, or host country. This can ony be done, however, with the agreement of the government of the host country concerned In industriaized countries, government wefare systems and non-governmenta organizations provide the buk of the resources necessary to integrate refugees. Esewhere, UNHCR furnishes varying degrees of support for oca settement projects in both urban and rura settings Refugees may benefit from assistance towards sef-sufficiency and integration into the economic and socia ife of the oca community. This assistance takes many forms, depending upon factors such as the situation of the refugees, their background, their ocation and the situation of the host country. For exampe: a. Spontaneous Loca Settement: refugees may sette spontaneousy amid the oca popuation, sharing the resources and infrastructure avaiabe. This frequenty occurs in Africa, especiay when the refugees beong to the same ethnic group as the popuation iving in the area of infux. When arge numbers are invoved, UNHCR may provide support to the authorities of the host country, through imited reinforcement of the oca infrastructure. b. (Panned) Loca Settement of Refugees in Rura Areas: m o s t frequenty impemented for the benefit of refugees of rura background, rura settements assisted by UNHCR are panned in cooperation with the host government, and impemented by governmenta agencies and/or nongovernmenta organizations. The refugees themseves are encouraged to contribute progressivey to the efforts towards sef-sufficiency. Assistance measures are diverse, and UNHCR s financia assistance is phased out as the settement becomes sef-supporting and the basic socia infrastructure is restored. Such assistance measures may incude: panning and construction of the settement; providing food during the initia period of settement; suppying househod and other basic items; organizing agricutura and other income-generating activities; taking measures with respect to nutrition, water, sanitation, heath and education; and promoting community deveopment. c. Loca Settement of Refugees in Urban Areas: assistance to these refugees is aso aimed at sef-reiance. Measures range from providing subsistence aowances, counseing, and education grants, to undertaking income-generating projects of various kinds. The right to work is particuary important when promoting durabe soutions for urban refugees. In a cases, however, steps must be taken to ensure the ega integration of these former refugees, that is, they need to have a migratory For more information visit UNHCR s website: 11

12 Section 1.2 UNHCR: THE MANDATE AND THE ORGANIZATION Protection, Assistance and Durabe Soutions status that wi aow them to egay reside in the country and to access basic socia services. Resettement (RE) 4.13 Resettement is the third durabe soution for refugees, when neither vountary repatriation nor oca integration are possibe. Whie the number of refugees resetted by UNHCR since the ate 1980s has decined dramaticay, resettement sti remains an important instrument of internationa protection and a durabe soution for refugees when no other option is avaiabe Refugees requiring resettement may be facing serious protection probems in their country of first asyum, in many cases reated to refouement, expusion, undue detention or a threat to their physica safety. Resettement to a safe third country woud therefore be the ony soution. However, resettement, unike vountary repatriation or seeking asyum, is not a right. Refugees are submitted for resettement using carefuy defined criteria. Indeed, resettement shoud obviousy not be pursued because a refugee has become a burden or because of his/her behaviour Resettement may aso be sought for reasons of famiy reunification, or for those refugees deemed vunerabe within UNHCR s criteria, and for whom resettement offers the ony durabe soution. This group may incude refugees with medica probems, women at risk, etc. As it is recognized that the uprooting of refugees identified as requiring specia attention may not aways be in their best interest, it is imperative that every effort shoud be made in the first instance to examine whether their needs can be met in a oca or regiona context Ideay, resettement opportunities shoud aways be expored within the region of first asyum so as to enabe the refugee to remain, if possibe, near to his/her country of origin, so that return may be considered when circumstances permit. Furthermore, if the refugee s cuture and customs are compatibe with those of the regiona host country, integration, if permitted, may occur more readiy Extra-regiona resettement invoves moving the refugee away from the geographica region, but may be the ony reaistic soution. A imited number of resettement countries offer annua quotas. Whie the numbers offered in these quotas are generous, the need for paces is sti greater. UNHCR is committed to continue the process of diaogue with interested governments and NGOs in order to expand and strengthen its resettement activities. 5. PREVENTING REFUGEE CRISES 5.1 In the 1990s, UNHCR has increasingy undertaken preventive initiatives in countries which currenty produce refugees or which may do so in the future. It is incumbent on the internationa community to seek ways and means to avert invountary dispacements. The Executive Committee has caed on the High Commissioner to activey expore new options for preventive strategies which are consistent with protection principes (UNHCR Executive Committee, Concusion No. 62(XLI) 1990). 5.2 In situations where economicay motivated migrants may seek to take advantage of refugee channes, mass information programmes have been aunched to provide a cearer understanding of refugee status. These programmes aim to discourage peope who may seek to use asyum channes for economic reasons, whie keeping them open for those who fee persecution. 5.3 Where civi strife and refugee crises have aready erupted, UNHCR has become more directy invoved with internay dispaced and other oca popuations. UNHCR has increasingy undertaken humanitarian action, not ony to provide reief but aso to avert further interna dispacement and to reduce the need for peope to take refuge abroad. Humanitarian assistance can stabiize popuation movements and 12

13 UNHCR: THE MANDATE AND THE ORGANIZATION Protection, Assistance and Durabe Soutions Section 1.2 February 2003 eventuay create conditions favourabe to the return of refugees. 5.4 In responding to refugee crises, UNHCR attempts, wherever possibe, to ink prevention of further dispacement to the promotion of durabe soutions. 6. STATELESSNESS A stateess person is a person who is not considered as a nationa by any country. The Universa Decaration of Human Rights states that everyone has a right to a nationaity and no one shoud be arbitrariy deprived of his/her nationaity or of the right to change his/her nationaity. In 1996, the UN Genera Assemby caed on UNHCR to promote accessions to the 1954 and 1961 Conventions on Stateessness. To be stateess means, inter aia, that a person can not obtain a passport, have access to a judicia system, etc. There are strong inks between dispacement and stateessness: Further Resources UNHCR Website: Protecting Refugees Lega Protection Goba Consutations Women Chidren Resettement Stateessness Our Partners P rotecting Refugees: A Fied Guide for NGOs. Produced jointy by UNHCR and its NGO Partners (September 1999). Dispacement can cause stateessness (when, for exampe, a person s dispacement is foowed or accompanied by a redrawing of territoria boundaries). Dispacement can be a consequence of stateessness (when stateess or denationaised popuations are forced to eave their usua pace of residence). Stateessness can be an obstace to the resoution of refugee probems (when, for exampe, countries refuse to readmit former refugees on grounds of stateessness). Stateessness is a probem that States shoud resove. UNHCR works with governments to address the probem of stateessness, by providing, inter aia, technica and ega advice on their nationaity egisation. For more information visit UNHCR s website: 13

14 Section 1.3 UNHCR: THE MANDATE AND THE ORGANIZATION Who are the Refugees, Returnees and Internay Dispaced? Section 1.3 WHO ARE THE REFUGEES, RETURNEES AND INTERNALLY DISPLACED? 1. The Chaenge 2. Refugee Women and Gender Equaity 3. Refugee Chidren incuding Adoescents 4. Refugees with Specia Needs 5. Urban Refugees 6. Returnees 1. THE CHALLENGE 1.1 Today s refugees are feeing combinations of persecution, confict and widespread vioations of human rights, both inside and outside their countries of origin. To ensure that our efforts to protect and assist the refugees are effective, we have to know who the refugees are, and the particuar needs of specific individuas and groups of refugees. 1.2 Refugee popuations are not homogeneous. Cutura and reigious differences abound. As in any arge group of peope, there are numerous sub-groups within a given popuation or community. UNHCR s mandate of providing protection to refugees and seeking durabe soutions to their probems, brings with it specific obigations regarding the various categories of refugees. 1.3 The diverse strengths, roes and needs of different individuas and sub-groups of refugees must be addressed when panning, impementing and reporting on protection and assistance projects. 2. REFUGEE WOMEN AND GENDER EQUALITY 2.1 In recent years, UNHCR s EXCOM has recognized the importance of devoting specia attention to the needs of refugee women. This awareness refects a more genera concern for the conditions of refugee women, as expressed in other United Nations fora, incuding the Economic and Socia Counci (ECOSOC) and the United Nations Commission on the Status of Women. 2.2 The UNHCR Poicy on Refugee Women (1990) is premised on the recognition that becoming a refugee affects men and women differenty and that effective programming must recognize these differences. Furthermore, to understand fuy the protection needs and assistance resources of the refugee popuation, and encourage dignity and sef-sufficiency, refugee women themseves must participate in panning and impementation projects. UNHCR s Poicy on Refugee Women ceary underines that it is the responsibiity of every staff member to ensure that the integration of the resources and needs of refugee women in a aspects of UNHCR work takes pace within his or her area of competence. The Poicy describes a range of objectives (both poicy and operationa) to support the overa organizationa goas and provide the basis for the deveopment of appropriate activities and work pans to enhance the impementation of UNHCR s Poicy on Refugee Women. UNHCR ooks to its partners to hep achieve the objectives of the Poicy. 2.3 The Guideines on the Protection of Refugee Women dea with issues ranging from assessment and panning to the addressing of protection 14

15 UNHCR: THE MANDATE AND THE ORGANIZATION Who are the Refugees, Returnees and Internay Dispaced? Section 1.3 February 2003 REFUGEE WOMEN Watch for: Adoescents Singe femae heads of househods Physica Safety Camp design and ayout Water and firewood coection Attitudes of oca and refugee popuations Access to Services Food distribution Heath services Education/skis training needs through assistance, incuding topics such as camp design and ayout, access to food, education and skis training. They aso incude guidance on ega procedures, criteria for the determination of refugee status and physica security. Guideines for Prevention and Response to Sexua and Gender-based Vioence against Refugees, Returnees and Internay Dispaced Persons focus on the need to prevent incidents of sexua vioence from occurring, and incude suggested strategies and action that can be taken by UNHCR, NGOs, host governments and the refugees themseves; they provide practica advice on how to respond to incidents of sexua vioence, covering the fieds of medica treatment, psychoogica support and ega intervention. 2.4 The genera principes concerning UNHCR s work in protecting and assisting refugee women may be summarized as foows: a. Refugee women are ikey to be affected differenty than men by their condition as refugees. Because they are women, they may be at specia risk, both during fight and within the country of asyum. This gives rise to specific needs in terms both of protection and assistance, of which an awareness is essentia. b. It is essentia to secure the active participation of refugee women in panning and impementing activities, of which they are the main beneficiaries. This wi not ony hep them to retain their persona dignity and sefrespect, but wi aso increase programming efficiency through the use of skis which are critica for the community s economy and ife. Such participation can aso be an important factor in acceerating progress towards achieving sef-sufficiency for themseves and their famiies. c. Measures to assist and protect women shoud be integrated into UNHCR s activities, rather than being regarded as separate issues in programme panning and impementation. 2.5 The foowing practica measures concern procedures to be appied within the context of programme and project management: a. The assessment of needs and resources specific to women must be an integra part of the needs and resources assessment process (see Section 3.2). For more information visit UNHCR s website: 15

16 Section 1.3 UNHCR: THE MANDATE AND THE ORGANIZATION Who are the Refugees, Returnees and Internay Dispaced? b. Use of the Peope Oriented Panning framework (see Section 3.1), as part of the panning process, wi hep highight the respective roes, responsibiities and needs of refugee men and women; statistics (broken down by sex and age groups) and gender-specific data shoud be an integra part of panning documentation. c. Specific mention of the impact of protection and assistance programmes on women is required when competing Part 2 of Sub-Project Monitoring Reports (see Section 5.2). Peope Oriented Panning (POP) UNHCR s panning approach starts with the recognition that a refugee groups are not homogeneous. Therefore, it is i m p o rtant to find out specific information about the composition and profie of various refugee groups in order to ensure efficient, cost-effective and humane protection and assistance programmes; one needs to be aware aso that gender roes vary in different societies and that these determine who has access to, and has contro over re s o u rc e s ; good programming mu s t refect such roes and seek to redress inequaities. Gender Equaity, who monitor the integration of refugee women and gender equaity into a protection and assistance activities. Through the office of the Senior Coordinator, UNHCR undertakes a wide range of activities in support of refugee women and gender equaity, such as: training, especiay through support for income-generating activities and skis deveopment; funding the participation of refugee women s groups in regiona and nationa peace networks; participating in inter-agency initiatives aimed at strengthening refugee women s eadership and negotiating skis. 2.7 UNHCR is aso in the process of deveoping gender networks comprising UNHCR and partner staff. Network participants, with different technica backgrounds, wi be trained in gender equaity anaysis and issues of concern to women to enabe them to promote gender sensitivity, especiay in their respective areas of activity. Further Resources UNHCR Website: women 2.6 UNHCR s Senior Coordinator for Refugee Women and Gender Equaity is attached to the D i r e c t o r s Office, Division of Operationa Support at UNHCR Headquarters. The Senior Coordinator provides guidance, feedback and shares good practices and experience with staff in the fied. She is supported by fied-based Regiona Advisers for Refugee Women and UNHCR Poicy on Refugee Women; UNHCR Good Practices; Gender and Humanitarian A s s i s- tance Resource Kit. 16

17 UNHCR: THE MANDATE AND THE ORGANIZATION Who are the Refugees, Returnees and Internay Dispaced? Section 1.3 February REFUGEE CHILDREN, INCLUDING ADOLESCENTS 3.1 Refugee chidren, incuding adoescents under the age of 18, make up some 40 per cent of the word s refugees and have specia needs that require specific action in terms of both protection and assistance. Refugee chidren are a poicy priority for UNHCR. 3.2 UNHCR s reference documents (see Box, page 19) with regard to refugee chidren are: and to participate fuy in famiy, cutura and socia ife. The CRC protects chidren s rights by setting standards in heath care, education and ega, civi and socia services. Two additiona Optiona Protocos, on the invovement of chidren in armed confict and on the sae of chidren, chid prostitution and chid pornography, entered into force in A actions taken on behaf of refugee chidren shoud be guided by four fundamenta and universay recognized principes: U N H C R s Poicy on Refugee Chidren (1993); U N H C R s Refugee Chidren: G u i d e i n e s on Protection and Care (1994); Progress Report on Refugee Chidren and Adoescents, incuding UNHCR s Strategy for Foow-up to the Report on the Impact of Armed Confict on Chidren (UNHCR, EC/47/SC/CRP.19, of 9 Apri 1997); Refugee Chidren and Adoescents: A Progress Report (UNHCR, EC/ 50/ S C / CRP.7, of 7 February 2000); Summary Note on UNHCR s Strategy and Activities Concerning Refugee Chidren (UNHCR, Refugee Chidren Coordination Unit, May 2002). 3.3 The 1951 Refugee Convention and the 1967 Protoco appy to chidren in the same way as to aduts. However, the human rights of chidren are most fuy articuated in the 1989 Convention on the Rights of the Chid (CRC). The CRC has been ratified by every country in the word, except two. Thus in States that are not party to any refugee treaty, the CRC can be used as a basis for protecting refugee chidren. The CRC is a universay agreed set of non-negotiabe standards and obigations. It spes out the basic human rights that chidren everywhere incuding refugee chidren have: the right to surviva; to deveop to the fuest; to protection from harmfu infuences, abuse and expoitation; The best interests of the chid: in each and every decision affecting the chid, the various possibe soutions must be considered and due weight given to the c h i d s best interests. This means that egisative bodies must consider whether aws being adopted benefit chidren in the best possibe way. Courts and others setting conficts of interest shoud base their decisions on what is best for the chid. In the aocation of budgets, specia attention shoud be given to chidren s poicies and to the impact the poicies wi have on chidren s ives. Non-discrimination: every chid within a State s jurisdiction is entited to a the rights of the CRC, independent of immigration status. This incudes refugee chidren, asyum seekers and rejected asyum seekers. Participation: the participation of chidren, especiay adoescents, in decision making not ony ensures identification of their needs in programme design, but aso meets their deveopmenta needs as they earn e.g. decision-making skis and gain sef-confidence to use those skis. Right to ife, surviva and deveopment: appropriate measures to safeguard ife must be taken. These incude measures to increase ife expectancy and to ower infant and chid mortaity. Identifying numbers of disadvantaged chidren and For more information visit UNHCR s website: 17

18 Section 1.3 UNHCR: THE MANDATE AND THE ORGANIZATION Who are the Refugees, Returnees and Internay Dispaced? assessing their situation is essentia. Estabishing an effective birth registration is instrumenta. 3.5 Providing protection and care through assistance to refugee chidren is an integra part of panning, formuating, impementing and evauating UNHCR s projects. Partnerships with other UN agencies and NGOs, in particuar those speciaising in chid-focused programming, are essentia. NGOs shoud evauate their own refugee projects in the ight of the Poicy and the Guideines on Refugee Chidren. Progress achieved in providing assistance to refugee chidren shoud be reported in Sub-Project Monitoring Reports (see Section 5.2). 3.6 Specia attention shoud be paid to the foowing issues in designing programmes for refugee chidren: S e p a r a t i o n : unaccompanied and separated chidren face an increased risk of miitary recruitment, sexua expoitation, abuse and vioence and forced abour. (Separated chidren are defined as chidren under 18 years of age who are separated from both parents, or from their previous ega or customary primary caregiver; they can be accompanied or unaccompanied.) These chidren need immediate protection and assistance; concrete measures are isted in detai in the 1994 Guideines (see aso: UNHCR Guideines on Poicies and Procedures in Deaing with Un - accompanied Chidren Seeking Asyum, 1997; Inter-Agency Guiding Principes on Unaccompanied and Separated Chidren, 2002). The most important steps are identification; immediate registration (see Chapter 11 of the UNHCR Handbook for Emergencies for a registration form) and documentation; tracing of and reunification with their famiy (IDTR) if in the chid s best interest. These steps shoud be accompanied by the appointment of a guardian and temporary pacement in a foster famiy, where the chid s we-being is monitored. Education: the importance of education for the protection and deveopment of refugee chidren is increasingy being recognised. Education can serve as a vita too for e.g. the prevention of recruitment into forced abour, miitary activities and sexua expoitation, and imparts ife saving knowedge and skis (e.g. HIV/AIDS, education for peace and confict resoution). UNHCR endeavours to ensure access to primary education for a refugee chidren, with particuar emphasis on girs. Programming initiatives shoud aso give particuar attention to adoescents and schoo drop-outs by opening up possibiities for access to secondary education and non-forma educationa opportunities. Sexua expoitation, abuse and vioence: in most refugee and returnee situations, refugee chidren face an increased risk of sexua expoitation, abuse and vioence. Both boys and girs are at risk, but girs are the principa targets, with separated girs, incuding those iving in foster care, or heading a househod, being at particuar risk. Preventive measures incude, inter aia, awareness raising (incuding among maes), enroment in education and programmes to combat harmfu traditiona practices, as we as camp ay-out. Response measures incude heath and psycho-socia services for survivors, counseing and treatment of STDIs (see Guideines for Prevention and Response to Sexua and Gender- b a s e d Vioence against Refugees, Returnees and Internay Dispaced Persons ( U N H C R, ); these Guideines, as their tite suggests, focus both on prevention and response. Miitary recruitment: miitary recruitment is conducted by State and Non-State agents, with boys often being used in combat and other miitary activities, whereas girs are frequenty used for sexua savery and forced abour. UNHCR advocates against miitary recruitment of 18