Bangladesh University of Professionals

International Law on Refugee, Migrants & Statelessness

Class Test Assignment

On

Analyse the role of UNHCR and its scope towards the rights and
protection of refugees. How far the UNHCR is different from the
previous setups of refugee protection?

Submitted to
Associate Prof. Md. Rabiul Islam
Department of Law & Justice
Jahangirnagar University

Submitted by
Mohammad Mursalin
Roll No: 2042211015
Session-Jan 2020
 Table of Content

Overview----------------------------------------------------------------------------------3

Role of UNHCR--------------------------------------------------------------------------3

UNHCR’s ensure Rights & Protection of Refugee-------------------------------4

UNHCR from Previous Setup of Refugee Protection----------------------------5

Conclusion--------------------------------------------------------------------------------6

Page 2 of 6
Overview:
The UNHCR was established by the General Assembly in December 1950 and began its
activities on 1 January 1951. Since then, the nature of refugee crises has continually changed.
As a result, UNHCR has adapted and evolved to address a variety of refugee situations more
effectively. The root of UNHCR’s mandate is its Statute, adopted by the General Assembly
under Resolution 428 (V). In addition, for more than 50 years the General Assembly, the
Economic and Social Council and UNHCR’s Executive Committee have helped shape
UNHCR’s Resolutions and activities. Other pivotal tools are the 1951 United Nations
Convention relating to the Status of Refugees and its 1967 Protocol. These have been
complemented by regional instruments such as the 1969 OAU Refugee Convention, the 1984
Cartegena Declaration and the 1994 San José Declaration.1 This general overview provides a
thematic look at the current scope of UNHCR’s functions through a summary of different
sources, notably General Assembly resolutions and Executive Committee conclusions and
decisions.

Role of UNHCR:

A refugee is a person who has fled his or her country owing to well-founded fear of
being persecuted for reasons of race, religion, nationality, membership of a particular social
group or political opinion, is outside the country of his or her nationality, and is unable or,
owing to such fear is unwilling to avail himself or herself the protection of that country. UN
Convention relating to the Status of Refugees,1951. According to UNHCR statute, refugee
means who move out from their home-country because of fear of persecution for different
race, religion, nationality & political opinion.2 General Assembly adopted the term asylum-
seeker in 1981 & these refer to those people whose status of refugee is not determined yet but
claims international protection.3 Refugee mandate applies in emergency & non-emergency
situation & inside-outside camp setting.
UNHCR’s mandate to provide protection includes material assistance, which can often help
make it possible for a country to accept refugees, since it relieves some of the financial
burden. Effective legal protection is essential for refugees, but they must also be able to meet

1
General Overview OF THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES, UNHCR,
www.unhcr.org
2
Determination of Refugee Status Under International Instruments, UNHCR.
3
UNHCR Agenda for protection: Protecting refugees within broader migration movements

Page 3 of 6
their basic needs – shelter, food, water, sanitation, medical care, and education. Assistance
and protection are mutually reinforcing.4
There are main role that UNHCR fulfills during a refugee crisis.
1. Protection
The first step in dealing with a refugee crisis is to be certain that the physical safety of
refugees is safeguarded. UNHCR monitors the situation and works with the interior ministry
officials of the host country to ensure that refugees are allowed into the country. Ensuring the
protection of refugees also requires UNHCR to intervene when the country of asylum is
contemplating refoulement as an option for either individual refugees or large groups.5
2. Assistance
UNHCR assists refugees by providing for their daily needs. For example, a refugee camp
often develops into a small community with healthcare facilities, schools, agricultural
projects, recreation, and more. Most of these services are not provided directly by UNHCR,
but by non-governmental organizations or voluntary agencies funded by UNHCR contracts.6
3. Durable Solutions
UNHCR also seeks ways to find durable solutions to the plight of refugees by helping them
to repatriate to their homeland, to integrate in their countries of asylum, or to resettle them in
third countries. 7

UNHCR’s ensure Rights & Protection of Refugee:

UNHCR’s main role in pursuing international protection is to ensure that states are
aware of, and act on, their obligations to protect refugees and persons seeking asylum.
However, it is not a supranational organization and cannot be considered as a substitute for
government responsibility.8
Countries may not forcibly return (refoulement) refugees to a territory where they face
danger or discriminate between groups of refugees. They should ensure that refugees benefit
from economic and social rights, at least to the same degree as other foreign residents of the
country of asylum. For humanitarian reasons, states should allow a spouse or dependent

4
A guide to international refugee protection and building state asylum systems. Handbook for
Parliamentarians N° 27, 2017, UNHCR
5
ibid
6
ibid
7
ibid
8
Protecting Refugees: By UNHCR, www.unhcr.org/publications

Page 4 of 6
children to join persons to whom temporary refuge or asylum has been granted. Finally, states
have an obligation to cooperate with UNHCR.9
Ensuring the rights & protection to refugees is core object of UNHCR. UNHCR plays certain
role for fulfilling this aim.
UNHCR works with states, intergovernmental organizations, and specialized agencies
for monitoring the condition of refugee. UNHCR does agreement with state parties for their
co-operation such-as: agreement with state parties for the setterment of refugee situation or
admitting refuges to their territory.10 To facilitating the coordination of the efforts of private
organizations concerned with the welfare of refugees. (Art. 8 of UNHCR Statute).
UNHCR plays the supervisory role where it reports to United Nation with some
statistical data on the condition of refugee & implantation of plan taken by UNHCR.
UNHCR enhances its operations through research into conditions in countries of origin
and first asylum, cooperation with other entities involved in human rights monitoring and
refugee protection, and training its staff, government officials, and NGO personnel on issues
of refugee protection.11

UNHCR from Previous Setup of Refugee Protection:

The Convention was limited to protecting mainly refugees in the aftermath of World
War II, but a 1967 Protocol expanded the scope of the Convention as the problem of
displacement spread around the world. It removed the geographical and time limitations
written into the original Convention under which mainly Europeans involved in events
occurring before 1 January 1951, could apply for refugee status. Before the UNHCR,
International Refugee Organization (RIO) established in 1947 by UN to deal the refugee
problem after World War II but in 1952 it was inactivated & replaced by UNHCR.
UNHCR is better than this old setup. UNHCR continues their work world-wide from
the beginning despite of getting dominance from powerful state & organization12 but IRO
worked in few western area because of disagreement with Soviet Union13.

9
Protecting Refugees: By UNHCR, www.unhcr.org/publications
10
Grainne O’Hara, Role of UNHCR in International protection of Refugee.
11
United Nations High Commissioner for Refugees, “UNHCR Washington: Resettlement.”
12
Loescer,”UNHCR and World Politics:State Interest VS International Autonomy.
13
International Refugee Organization, Cambridge University Press, Cambridge Core.

Page 5 of 6
 UNHCR works for long-term durable solution such- as: voluntary repatriation, local
integration & resettlement for refugees14.UNHCR works with governmental & private
organization for getting their assistance or taking different projects such as: income-
generation projects. If any refugee can’t return to their home-country UNHCR helps him to
find a new place to live which can be either in a current asylum country or any other 3rd
country.
UNHCR gives special protection to refugee women by working with government for
ensuring their rights & financial empowerment such-as: giving assistance in refugee women’s
education & employment15. UNHCR works for refugee’s children to ensure their proper
brought up, such as: working with local government for arranging educational set-up or
addressing new program for improving their mental health.

Conclusion:

In very recently, UNHCR have given assistance to certain refugee problem such-as:
UNHCR helped Yemenis who were victim of famine & cholera outbreak, UNHCR helped
200,000 displaced Indonesians because of being victim of earthquake & tsunami, ensured
assistance Rohingya crisis, UNHCR helped Syrians by supplying them winter relief as well.
Although, UNHCR passes the 50 years, till now UNHCR only support through the
legal & economical but UNHCR do not provide concrete solution viz. resettle the refugees, to
ensure the citizenship etc. It is clear that UNHCR is a light of hope for refugees to get a
protective life with all rights and facilities during any humanitarian crisis.

14
Protecting Refugees & The Role of UNHCR-Refworld.
15
ibid.

Page 6 of 6