Chapter II

OF,FICE OF UNHCR
STRUCTURE AND :;.:fUNCTIONS
 While the preceding chapter exammes the conceptual and institutional
developments associated with the historical process up to the establishment of the
office of UNHCR, the present chapter is devoted to a full-length discussion of the
objectives, responsibilities, resources and the organisational structure of the
UNHCR.

The UNHCR's immediate predecessor, the International Refugee

Organisation (IRO) was created for the resettlement of refugees and displaced
persons uprooted during or in the immediate aftermath of the Second World War,
and it could not measure up to the challenge. The problem of refugees' remained
as serious as it was before IRQ came into being. Therefore, the eighteen members
of the IRQ agreed that an alternative and a more effective organisational
framework was needed to address the task thoroughly. This view was supported
'
by several governments of the first asylum countries, voluntary agencies, 111d to
some extent by the countries of overseas resettlement also. Among them, the
concerns of the United States had gained considerable weight. In the light of
growing numbers and costs of refugees, the United States government was
apprehensive that refugees would become an indefinite responsibility of the
overseas resettlement countries including the United States, rather than of Western
Europe. The ideological division between East and West too had its bearings on
international response to the refugee problems. The US congress while supported
earlier in 1946, the idea of a United Nations agency with Soviet representation,
vetoed the commitment of funds to any collaborative effort in partnership with the
cold war rival. Instead, the United States believed that its national interests could
be served better by relying on bilateral, regional or even international

47
arrangements outside the United Nations System.l The United States started
economic assistance to the west European countries through the marshal plan,
partly with the hope of helping the recipient countries to absorb the remammg
refugees.

Given the new U.S. policy, there was no realistic hope of the IRO continuing
to handle the problem of refugees. The major burden of the remaining refugees
fall on the countries of first asylum. On their part governments of these countries
wanted both material assistance and assurance that the possibility of overseas
resettlement remained open. As such, both Western and overseas resettlement
countries were wiliing to support the creation of a successor to the IR0.2

Against this background, discussions took place within the U. N. General

Assembly and the Economic and Social Council (ECOSOC) from 1948 through
,r

1950 regarding the ..:reation of a new international refugee organisation.

In 1949, the United Nations decided to assume more responsibility for

international action for protection of refugees. After the demise of the IRO, two
possibilities were worked out in the General Assembly, either, to entrust this task
to a department of the United Nations Secretariat, or to establish an ad hoc body
which can act independently within the administrative and financial framework of
the United Nations. The latter formula was adopted. The General Assembly
decided to keep this body outside of the political considerations. According to the
then Secretary-General, "The High Commissioner for refugees would enjoy a

1
Gill Loescher, Beyond Charity : International Cooperation and the Global Refugee Crisis (New
York, 1993), p.53 .
2
Louise W. Holbom, Refugees: A Problem of Our Time- The work of the United Nations High
Commissioner for Refugees, 1951-1972 (New Jersey, 1975), p.61.

48
special status within the United Nations and would possess the degree of
independence and the prestige which would seem to be required for the effective
performance of his functions.'' 3 However. after a long debate which continued
for one year, the General Assembly decided on 3 December 1949 to establish the
office of the United Nations High Commissioner for refugees. As a result the
office of the United Nations High Commissioner for refugees (UNHCR) was set
up on 1 January 1951 for a period of 3 years.4 However, it soon became
imperative that the office could not be dispensed after three years and the General
Assembly decided to prolong the mandate for a further period of five years, and
made it renewable beginning 1st January 1954. Thus, the tenure of the UNHCR
has been continuously renewed and extended from time to time The latest position
is that the General Assembly during its session 49 decided to extend the period for
another 5 years from 1st January 1994. The office was established as a subsidiary
'
organ of the Genera! Assembly, under Article :2 of the charter.5 Dr. G. J. Van
Heuven Goedhart of Netherlands was elected by the General Assembly as the first
High Commissioner for a period of three years.6

3
United Nations High Commissioner for Refugees, Information Paper, (Geneva : UNCHR, 1989), p.2.
4
UN, General Assembly Official Records, Supplementary No. 20 (A/1775) 48 General Assembly
resolutions 319 (iv) of 3 December 1949 and 426 (v) of 14 December 1950.
5
Article 22 says that the General Assembly may establish such subsidiary organ as it deems necessary
for the performance of its functions.
~ Secretary-General Report AIC 3/527-26 October, 1949.

49
 Structure of the Office

The Office of the United Nations High Commissioner for Refugees

(UNHCR) is a subsidiary organ of the General Assembly. It enjoys a special status
within the UN with high degree of independence and autonomy. The head quarter
of UNHCR is in Geneva, Switzerland. In 1953 the office had 11 regional offices
with 99 staffs.? Whereas at present the office has 239 regional offices maintained
in 119 countries and around 5,500 staff members. 8 The staffs are from over J 00
different countries. Out of them, around 988 are working at the organisation's
headquarter and remaining are in the regional offices.

The office consists a High Commissioner, a Deputy High Commissioner and

an Assistant High Commissioner. Apart from them, the office of High
Commissioner has been divided into 13 divisions/departments called Bvreaus.
They are as follows:

(i) Division oflntemational Protection

(ii) Centre for Document and Research
(iii) Division of Financial and Information Services
(iv) Division of Operational Support
(v) Division of Human Resources Management
(vi) Operations for Central, East and West Africa
(vii) Southern African Operations
(viii) Great Lakes Operations

7
Nagendra Singh, The Role and Record of the UN High Commissioner for Refugees (New Delhi,
1984), p. 59
8 Regional Surveys of the World: the Middle East and North Africa, 1998 (London, 1998), 44 edn, pp.
215-216.

50
 (ix) Bureau for Asia and the Pacific
(x) Bureau for Europe
(xi) Bureau for the Americas
(xii) Bureau for CASWANAME (Central Africa South West Asia North
Africa and Middle East)
(xiii) Staff Council

All the Divisions have been divided into further Sub-divisions, sections and
Desks. These Division or Bureaus work in close co-operation with each other. The
UNHCR performs its responsibilities with the help of all regional offices and their
staffs. However, the High Commissioner holds the key position and performs its
duty in terms of co-ordination, formulation of policy and effective planning. It is
the headquarter office in Geneva which performs the vital functions under the
immediate direction and control of the High Commissioner. The High
commissioner is assisted by a Deputy High commissioner and an Assistant High
Commissioner. They are in tum assisted by five important cells which come
directly under them e.g. former Yugoslavia Liaison Unit, Inspection and
Evaluation Service, Mass Information Unit, Inter- Organisational Affairs and
Secretariat Services, and Public Information Section.

On the question of the method of appointment of the High Commissioner,

two different views emerged in 1950. One opinion was the High Commissioner
should be elected by the ECOSOC or the General Assembly on the nomination of
the Secretary General. The other opinion was the High Commissioner should be
appointed directly by the Secretary - General. However, the first opinion was
accepted through voting in the Third Committee, that the High Commissioner
would be elected by the General Assembly on the nomination of the Secretary-

51
General. This is incorporated in the UNHCR'S Statute in para 13. The procedure
is that he is elected by the General Assembly on the nomination of the Secretary-
General. This ensures the existence of the High Commissioner as one always
enjoying the full confidence of the Secretary-General which is an essential element
for successful working of the refugee organisation. The continuous co-operation of
both the Secretary General and the High commissioner is an essential requirement
for the well-being of refugees. Simultaneously without the UN assistance. the role
of refugee organisation would be hampered.

The office of the United Nations High Commissions is usually held by a

person of distinction. For example, Prince Sadruddin Aga Khan was a man of
distinction including one from the developing countries who was no less a person
than His Highness Prince Sadruddin Agan Khan from Asia. Similarly, Paul
Hartling of Demmark was the' Prime Minister of Denmark from 1973-1975.
There have been eight High Commissioners since the organisation was established.
The present High Commissioner, Prof. Sadako Ogata of Japan took up office on
1st January 1991. She is a great educationist. Before joining the present office, she
was the representative of Japan in the United Nations. A list of previous High
Commissioners is being given below:

Table: 2.1

Name Country Tenure

G .J. Van Heuven Goedhart Netherlands Dec. 1950 - July 1956
Auguste R. Lindt Switzerland Dec. 1956 - Dec.1 960
Felix Schnyder Switzerland Dec. 1960 - Dec.1965
Prince Sadruddin Aga Khan Iran Dec. 1965 - Dec.1977

52
 Poul Hartling Denmark Jan. 1978 - Dec.l985
Jean-Pierre Hocke Switzerland Jan. 1986 - Nov.1989
Thorvald Stoltenberg Norway Jan. 1990- Nov.l990
Sadako Ogata Japan Jan. 1991 - till date

In accordance with the UNHCR's Statute, the High Commissioner follows

policy directions from the General Assembly and Economic and Social Council
(ECOSOC) of the United Nations. The High Commissioner presents an annual
report about his activities to the General Assembly through the ECOSOC. The
administrative and financial aspects of UNHCR's activities are considered by the
Advisory Committee on Administrative and Budgetary Questions (ACABQ) and
by the Fifth Committee of the General Assembly.

An Advisory Committee ort Refugees was established in 1951 to guide the

High Commissioner in exercise of his functions. The committee consisted of 15
states. The Advisory Committee was reconstituted as an Executive Committee
inl955. The new committee was known as United Nations Refugee Fund
(UNREF) Executive Committee. The Committee retained the advisory functions
of its predecessor. The Committee was also supposed to supervise the High
Commissioner's material assistance programme and to determine an annual
financial target. However, the UNREF Executive Committee was replaced by an
Executive Committee of the High Commissioner's Programme in January 1959.9
This Committee, at present consists of 53 States. It looks after UNHCR's budgets
and advises on refugee protection. It holds an annual session in Geneva in October

9
General Assembly resolution 1166(XII) and ECOSOC resolution 672 (XXV).

53
every year to approve programmes for the next calendar year and to set the
financial target needed to implement them. It can establish subsidiary bodies, as
the need arises. For instance, it has set up a standing committee in 1995.10

Functions of UNHCR

Protection of Refugees

To provide protection to refugees is the mam function of the UNHCR.

Protection lies at the heart of the organisation's efforts to find lasting solutions to
the plight of refugees and to provide relief assistance. The key to UNHCR's
protection activities is the 1951 Convention relating to the Status of Refugees. It is
a legally binding treaty and a milestone in international refugee law. It is called
the "Magna Carta"-the Great Charter of refugees. It provides a unified code of
rights and duties of refugees affording them protection from arbitrary treatment by
states. The provisions of the convention are in accordance with the principles of
the 1948 Universal Declaration of Human Rights.11

The term "providing international protection" and "seeking permanent

solutions" is clearly mentioned in the Statute. According to the chapter I, Para-l
of the Statute

10
A/Ac. 96/860, Para. 32(a).
11
UNGA,Resolution3272(XXIX), I 0 December, 1974.

54
 The United Nations High Commissioner for Refugees, acting under the
authority of the General Assembly, shall assume the function of providing
international protection under the auspices of the United Nations, to
refugees who fall within the scope of the present Statute and of seeking
permanent solutions for the problem of refugees by assisting Governraents
and, subject to the approval of the Governments concerned, private
organisations to facilitate the voluntary repatriation of such refugees, or
their assimilation within new national communities.l2

Besides, para-8 deals with the matter of providing international protection for
refugees within the competence of the office and lists nine specific activities that
the High Commissioner may undertake in this regard.l3

However, as far as the status of refugees is concerned, there has been a

steady evolution in the definition of a refugee who may benefit from international
protection. As with the Statute, the Convention also begins by giving definition of

12
United Nations General Assembly: Statute of the of'ir:e of the UNHCR, 14 December 1950 para. I.
13
These nine specific activities as mentioned in the Statute are as follows:
I. Promoting the conclusion and ratification of international conventions for the protection of
refugees, supervising their application and proposing amendments thereto;
2. Promoting through special agreements with Governments the execution of any measures
calculated to improve the situation of refugees and to reduce the number requiring protection;
3. Assisting governmental and private efforts to promote voluntary repatriation or assimilation
within new national communities;
4. Promoting the admission of refugees, not excluding those in the most destitute categories, to the
territories of States;
5. Endeavouring to obtain permission for refugees to transfer their assets and especially those
necessary for their resettlement;
6. Obtaining from Governments information concerning the number and conditions of refugees in
their territories and the laws and regulations concerning them;
7. Keeping in close touch with the Government and inter-governmental organisation concerned;
8. Establishing contact in such manner as he may think best with private organisation dealing with
refugee questions;
9. Facilitating the co-ordination of the efforts of private organisations concerned with the welfare
of refugees.

55
the term refugee in order to demarcate those persons eligible for the standards of
treatment set down in the treaty. The first part of Article l(A) declares that the
term "refugee" shall apply to any person who benefited from earlier international
agreements and refugees defined by their original nationality, such as Russians,
Armenians, or refugees from Germany and Austria. It shall also apply to those
already considered as refugees under the Arrangements Concluded yesteryears.14

There are two restrictions in the convention/statute definition of refugees.

The first is date limit of 1 January 1951 for events which could have caused-the
fear of persecution. The second restriction offers to States who so desire the
possibility of limiting the application of the Convention to Europe. In contrast,
UNHCR was given a general competence under its Statute to deal with refugee
problems wherever they might arise irrespective of date or locations, as long as
those concerned had a well-founded fear of persecution.

These clauses go back to the time when the Convention was drafted and the
framers were optimistic and thought that new refugee situations involving the
international community would not arise in the future. These restrictions are not
mentioned in the Statute. However, these restrictions became more of a hindrance
when a new situation arose in Africa and other Third World countries. As new
refugee groups emerged, it became necessary to adapt the convention in order to
make it applicable to new refugee situations, a draft Protocol was formulated in
1967 and approved by ECOSOC, which simply omitted the time restriction of the
events occurring before 1 January, 1951 which is in Article 1 of the Convention.l5

14
1951 Convention Relating to the Status of Refugees, Article 1 (a) ( 1) .
15
ECOSOC resolution 1186 (XLI), 18 November 1966.

56
It was the Protocol of 1967 Relating to the Status of Refugees came into force on 4
October, 1967 and became the universal legal instrument. According to Article
1(3) of the Protocol, "The present Protocol shall be applied by the States Parties
here to without any geographic limitations, save that existing declarations made by
States already Parties to the Convention in accordance with Article 1 8(1 )(a) of the
Convention, shall unless extended under Article 18(2) thereof, apply also under
the present Protocol."

Thus, in providing for the international protection of refugees the authority of

the High Commissioner is now broader because the obligations of states are
broader. While previously the High Commissioner had the support of the
Convention only in regard to refugee groups before 1951, now he can require
states to carryout in regard to all refugee groups within his Statute mandate the
legally binding obligations they have voluntarily accepted by ratifying the
Protocol. Thus, through this amendment of the Convention, the High
Commissioner has broadened and strengthened his power for action in the field of
protection.

Non- refoulement

The 1951 Refugee Convention also clearly establishes the principle of non-
refoulement, according to which no person may be returned against his or her will
to a territory where he or she may be exposed to persecution. It means, when a
person is compelled to leave his country of origin or nationality what is of
immediate concern to him is that he should be admitted at the frontier and should
not be sent back, nor be punished if he has crossed the frontier illegally.

57
 The principle of non-refoulement has been incorporated in a number of
international instruments relating to refugees, both at the global and at the regional
levels. Article 33 of the 1951 Convention states that .. No contracting State shall
expel or return (refouler) a refugee in any manner whatsoever to the frontiers of
territories where his life or freedom would be threatened on account of his race,
religion, nationality, membership of a particular social group or political opinion.''
It is also an obligation under the 1967 Protocol by virtue of Article 1( 1). Article
3(1) ofthe United Nations Declaration on Territorial Asylum provides that: "No
person referred to in Article 1( 1) shall be subjected to measures such as rejection at
the frontier or, if he has already entered the territory in which he seeks asylum,
expulsion or compulsory return to any State where he may be subjected to
persecution."

The non-refoulement prirrciple has reaffirmed in Article 2(3) of the

Organisation of African Unity's 1969 Convention which says, "No person shall be
subjected by a Member State to measures such as rejection at the frontier, return or
expulsion, which would compel him to return to or remain in a territory where his
life, physical integrity or liberty would be threatened."

In the American Convention on Human Rights 1969 under Article 22(8), the
central features of non-refoulement are mentioned :

In no case may an alien be deported or returned to a country, regardless of

whether or not it is his country of origin, if in that country his right to life
or personal freedom is in danger of being violated because of his race,
nationality, religion, social status, or political opinion. 16

16
American Convention on Human Rights/969, Article 22(8).

58
 Similarly, non-refoulement is covered by Article 3 of the 1950 European
Convention on Human Rights, which states; "If conditions in a country are such
that the risk of serious treatment and the severity of that treatment fall within the
scope of Article 3, a decision to deport, extradite or expel an individual to face
such conditions incurs the responsibility of the contracting State which so
decides."

In addition to these instruments, the principle of non-refoulement is

powerfully expressed in Article 3 of the 1984 UN Convention against Torture; .. 'No
State Party shall expel return (refouler) or extradite a person to another State where
there are substantial grounds for believing that he would be in danger of being
subjected to torture."

The United Nations High Commissioner

,
for Refugees Executive Committee
has also consistently endorsed the principles of non-refoulement i11 its annual
general conclusions. In 1991 the Executive Committee emphasised "the primary
importance of non-refoulement and asylum as cardinal principles of refugee
protection" while indirectly stressing the protective purpose of the principles by
reference to the need for refugees to be able to "return in safety and dignity to their
homes without harassment, arbitrary detention or physical threats during or after
return". 17

Similar language occurs m later conclusions also. But these conclusions

adopted by the UNHCR Executive Committee do not have force of law and

17
Guy s. Goodwin-Gill, The Refugee in International Law (New Yourk: Oxford University Press,
1996), p.l28.

59
binding obligations. They may contribute to the sense of legal obligation with
which states may or may not approach the problems of refugees. 18

The most essential component of refugee status and of asylum ts the

protection against return to a country where a person has reason to fear
persecution. This protection has found expression in the principle of non-
refoulement and is widely accepted by states. The purpose of non-refoulement is
to ensure that such fundamental rights as life and liberty are not violated. This
principle has acquired the status of a norm of customary international law and-is a
basic humanitarian law principle.

Asylum

The principle of non-refoulement

, constitutes the very basis of the institution
of asylum. :\ccording to Article 14( 1) of the Universal Declaratior.. of Human
Rights lays down, "Every one has the right to seek and enjoy in other countries
asylum from persecution". Once a refugee has entered a state other than that of his
origin or nationality, his first need is asylum. Asylum is the protection which a
state grants on its territory or in some other place under the control of certain of its
organs, to a person who comes to seek it. The right of asylum was a corollary to
the right to life for a refugee. There is a growing opinion that persons leaving their
country of origin because of persecution have a primary and essential need to be
granted asylum in another country and they be allowed to stay in the territory of
that country, either permanently asylum being granted elsewhere, or repatriation to
refugee's own country. This view is supported by Article 3(3) of the United

18
ibid., p.l28.

60
Nations Declaration on Territorial Asylum, Article Il(S) of the OAU Convention
on Refugees 1969, and the discussions in the UNHCR's Executive Committee in
1981.

It IS important to make it clear, the distinction between the granting of

asylum and non-refoulement. Refusal of asylum did not necessarily mean that the
applicant had to return to the country from which he fled. Non-refoulement was
not always the equivalent of granting asylum.

Sometimes, to defend human rights and the rights of refugees become

difficult as the authorities competent to determine refugee status requires sufficient
proof of fear of persecution particularly in the case of asylum-seekers from distant
countries. Evaluation varies so much from country to country that the Executive
Committee felt it necessary to recall in 1979, that:
'

Decisions by States with regard to the granting of asylum shall be made

without discrimination as to race, religion, political opinion, nationality or
country of origin. In the interest of family reunification and for
humanitarian reasons, States should facilitate the admission to their
territory of at least the spouse and minor or dependent children of any
person to whom temporary refugee or durable asylum has been granted. 19

Further, in the same conclusion, the Executive Committee requested States

"to give favourable consideration to accepting, at the request of the Office of the
United Nations High Commissioner for Refugees, a limited number of refugees
who cannot find asylum in any country."

19
UN document A/AC. 96/572 (2).

61
Regional Organisations

The protection of refugees have also been promoted by the regional

organisations. For example the Organisation of African Unity (OAU) decided in
1963 that a regional refugee treaty was needed to take care of African refugees.
Most of the African States had already signed the 1951 Convention. ''In acceding
to the 1951 Convention they affirmed that it defined the minimum standard of
treatment that should be accorded to refugees. But they as contracting parties,
were not legally obligated to accord any particular standard of treatment to
refugees in Africa because few if any of these refugees come within a key
provision of the 1951 Convention; that in order to be entitled to Convention
coverage they must be refugees as a result of events occurring before 1 January
1951 ".20 Therefore, the first task of OAU was the drafting of a regional
convention which would govern the status of refugees in Africa and which would
take account of the special concerns of African States.

As a result, 1969 OAU Convention governing the specific aspects of refugee

problems in Africa expanded the definition of a refugee to people who were
compelled to leave their country not only as a result of persecution but also "owing
to external aggression, occupation, foreign domination or events seriously
disturbing public order in either part or the whole of his country of origin or
nationality, is compelled to leave his place of habitual residence to seek refugee in
another place outside his country of origin or nationality" .21

20
Holbom, n. 2, p.l9l.
21
ibid.,p.l89.

62
 The role of the UNHCR under the OAU Convention differs from its role
under the 1951 Convention. The OAU Convention calls its members to co-operate
with the UNHCR and supervisory function over the implementation of the African
Convention is not given to the High Commissioner. But, the High Commissioner
can encourage the ratification of the OAU Convention and supervise its
application, although his authority to do so is not binding on States as it is in the
case of the 1951 Convention. Thus, the OAU Refugee Convention broadened the
refugee definition which go beyond the concept of persecution, are developments
of the greatest importance for the World Community.

The Cartagena Declaration on Refugees of November 1984 proposed an

extension of the concept of 'refugee' as applied to Central America, Mexico and
Panama, stipulating that a ·massive violation of human rights' should be
considered of refugee. It laid dawn that the definition of refugee could not only
incorporate the elements contained in 1951 Convention and the 1967 Protocol or
the 1969 OAU Convention and General Assembly resolutions, but also cover
persons who have fled their country because their life, their safety or their liberty
were threatened by a massive violation of human rights. Although not formally
binding, the Cartagena Declaration on Refugees has become the basis of refugee
policy in the region, and has been incorporated into the national legislation of a
number of States. On the occasion of the tenth anniversary of the Cartagena
Declaration, all the heads of the Governments met in Costa Rica where they
adopted the San Jose Declaration. According to this Declaration, they reaffirm the
Cartagena principles and updates regional policies on the prevention of refugee
situations and their promotion of durable solutions.

63
 Thus, the extended refugee definitions of the Organisation of African Unity
(OAU) Convention and the Cartagena Declaration have brought international
protection to a large number of people who may not be covered by the 1951
Convention but who are forced to move for a complex range of reasons including
persecution, widespread human rights abuses, armed conflict and generalised
violence. The extended definitions have particular important in situation of
massive influx where it is generally impractical to examine individual claims for
refugee status. It has also provided flexibility to international action on behalf of
people forced to flee their countries.

Provision of Material Assistance

The main functions assigned to the United Nations High Commissioner for
Refugees by its 1950 Statute is ~ "providing international protection to refugees
who come within the scope of the present Statute", and "seeking permanent
solutions for the problems of the refugees". This is mentioned in the wording of
the first sentence of paragraph 1 of the statute which says: "The United Nations
High Commissioner for Refugees acting under the authority of the General
Assembly shall assume the function of providing international protection, under
the auspices of the United Nations, to refugees who fall within the scope of the
present Statute and of seeking permanent solutions for the problem of refugees".

The purpose of international protection is to give refugees similar legal status

as the nationals living abroad. Whereas the permanent solution means economic
and social integration of refugees in the country of asylum and repatriation to their
country of origin. Two aspects ofUNHCR's mandate are inter-linked, the pursuit

64
of durable solutions being the ultimate atm of international protection. The
UNHCR'S efforts to find durable solutions to the plight of refugees evolve from
the needs and rights of the individual.

The UNHCR, is competent to assist any refugee as defined by the statute to

well-founded fear of being persecuted for reasons of race, religion, nationality or
political opinion, is outside the country of his nationality and is unable or, owing to
such fear or for reasons other than personal convenience, is unwilling to avail
himself of the protection of that country.

In line with the Statute's definition, the UNHCR for long focused its
protection Programmes a culture on those refugees threatened with individual
persecution. However the nature of UNHCR was adopted to take account of the
changing nature of refugee t1ows ,in recent decades. In typical situations today, the
UNHCR provides protection and assistance to groups of reLgees t1eeing
combinations of persecution, cont1ict and widespread violations of human rights.
In such circumstances, UNHCR usually bases its interventions on a general
assessment of conditions in the refugee-producing country rather than on an
examination of each person's individual claim to refugee status.

During early period of UNHCR, two issues received the attention. The first
was concerned with the powers of the United Nations High Commissioner for
Refugees and the Second was to establish a permanent international fund for
material assistance so that fund could be raised and disbursed among refugees.
About the establishment of an international fund for material assistance to
refugees, the member nations were divided into two groups. One group was led by
France which argued that provision for financial assistance should be considered to

65
be as important as legal protection and this view was supported by Italy, Belgium
and most of the Western European countries. The other group was led by the
United States of America which shown little interest in it and this view was
supported by Australia and the U.K.22

Finally, the Economic and Social Council met in August 1949 and supported
the European views on material assistance. The Secretary-General advocated that
the High Commissioner should be allowed to accept contributions from both the
private and public sources. He also advised that High Commissioner should be
assisted by an advisory committee in determining disbursement of funds to
individual refugees but only to governments and voluntary organisations.
However, finally it was decided that it is difficult for High Commissioner to raise
assistance funds but he will have power to disburse it. The difficulties in raising
funds means the High Commissioner will seek the prior approval of the General
Assembly before making any general appeal for funds.23

At the time of the establishment of the United Nations High Commissioner

for Refugees material assistance aspects of refugee relief was the responsibility of
the Government which had granted asylum. Later on, the restrictions imposed on
the High Commissioner's fund-raising activities were eliminated by the General
Assembly to permit the High Commissioner to raise funds for emergency aid for
refugees.24 Simil'arly, two year later the General Assembly authorised the High
Commissioner to make general appeals to United Nations members and non-

22
Holbom, n.2, pp.68-69
23
ibid., p. 71
~
4
GA Resolution 538 B (vi) , 2 february 1952.

66
members for contributions to a permanent fund for the solution of refugee
problems.25 In 1975, the General Assembly reaffirmed the humanitarian character
of the activity of the High Commissioner for refugees. Accordingly, the High
Commissioners activities regarding providing material assistance to refugees was
strengthened and legitimised. The later development shows that the world's major
refugee flows have occurred in less developed countries and thus, the UNHCR has
acquired the additional role of providing material assistance for refugees. returnees
and displaced people. This has become one of its principal functions alongside
protection and the promotion of solutions. In November 1991, for example, the
Secretary-General asked the UNHCR to assume the role of lead agency for the
United Nations for humanitarian assistance to victims of the conflict in former
Yugoslavia. By April 1994, it was providing massive humanitarian relief to
roughly 2.8 million internally displaced persons, refugees and other vulnerable
"
groups in Bosnia and Herzegovina. By 1 January 1996, there were over 4.6
million internally displaced persons of concern to UNHCR including 1.3 5 million
in Africa, 1.7 million in Asia, 1.6 million in Europe and 8,000 in Latin America.26

However, when large-scale refugee influxes take place, it is vital to be able to

respond rapidly despite difficult conditions. People generally leave their homes
with little or no means of sustaining themselves. Food, water, sanitation, shelter
and medical care have to be provided. The recent emergency operations by the
UNHCR include the flight of 1.8 million Iraqi Kurds to the Islamic Republic of
Iran and the border between Turkey and Iraq; the war in former Yugoslavia has

25
GA Resolution 832 (ix), 21 October 1954.
26 United Nations High Commissioner for Refugees Report, General Assembly official Records;
Session 52, supplement No. 12 (1997), pp.8-9.

67
produced nearly 4 million refugees and displaced people; an exodus of around
2,60,000 refugees from Myanmar into Bangladesh; and the influx of some
2,50,000 refugees from Togo into Benin and Ghana. Similarly in 1992, crises in
the Transcaucasus and Central Asia led UNHCR to dispatch Emergency Response
Teams to cope with some 1.5 million displaced persons in Armenia, Azerbaijan
and Tajikistan.27 In 1995 UNHCR assisted 2,10,000 persons who fled cont1ict ir
Chechnya (the Russian Federation) escaping to neighbouring Ingushetia anc
Daghestan. Further, UNHCR also assisted some 4,50,000 persons displaced by th(
dispute over the enclave of Nagorno-Karabakh.28 In mid-1994 an unprecedentec
flows of refugees from Rwanda, plus the return of an estimated 7,50,000 refugee:
to Rwanda from Burundi in the same year, total over 2 million. In late 1996, 1.:
million Rwandan refugees returned home from Eastern Zaire who were als<
assisted by the UNHCR. For~ these African refugee crises, a $ 25 millim
emergency fund allows UNHCR to meet their requirements. In order to respon1
effectively to emergencies, UNHCR has established a structure of emergenc:
response teams and made arrangements for relief supplies. To provide yet furthe
flexibility, stand-by arrangements have been made with non-government'
organisations (NGOs), intergovernmental agencies and other United Nation
agencies for the quick deployment of Staff to emergency operations in any part c
the world.

27
UNHCR Report, Session 48 (1994 ), pp. 9-10.
28
UNHCR Report, Session 51 ( 1996), pp.29-31.

68
Promotion of Durable Solutions

The core functions of the UNHCR. as mentioned in the Statute is to provide

international protection and find permanent solutions to the refugee problems by
assisting Governments. 29 Traditionally, three major durable solution have been
promoted by the United Nations High Commissioner for Refugees - Voluntary
repatriation, integration on the spot or local settlement and third country
resettlement. In recent past, the international community has placed emphasis on
voluntary repatriation as the strongly preferred solution.

Repatriation

The Statute of the UNHCR gives direction to the High Commissioner to

facilitate and to promote voluntary repatriation. The repatriation can be considered
only when conditions in the country of origin have changed so much that the
refugees should not believe that their lives are in danger or liberty is being
threatened. The UNHCR believes that voluntary repatriation should be
encouraged as soon as the country of origin shows its desire to return of its
citizens. The UNHCR has also to ensure that asylum can continue until the
refugees have received sufficient evidence of good condition in which their return
and reinstallation will take place. It is noteworthy that under the UNHCR auspices
thousands of refugees have returned to their homes. For example 2,00,000
Burmese who were ih Bangladesh, repatriated in 1978, 1,30,000 Zairians living
m Angola as well as 1,50,000 Angolans living in Zaire were repatriated.
Further, almost 1,00,000 Nicaraguan refugees returned from Costa Rica and

29
UNHCR, statute, Para.l.
Honduras. In 1981, at the request of the United Nations Secretary-General, the
UNHCR agreed to co-ordinate a programme of humanitarian assistance in
Zimbabwe. This programme could benefit 6.00.000 returning refugees and
displaced persons. 30 Again in 1981, the UNHCR started an operation for the
repatriation of Chadian refugees mainly from Cameroon and an assistance
programme to help them on their arrival which benefited 2,00,000 people.
Similarly, between late 1991 and the middle of 1992, more than 2,50,000 people
fled from Myanmar (formerly Burma) to neighbouring Bangladesh. Almost all of
the refugees were Rohingyas, a Muslim minority group living in a predominantly
Buddhist country. Their complains were human rights violations by the Myanmar
security forces. The Myanmar government has denied these occupations.

From the early days of the exodus, it became apparent that voluntary
repatriation represented the only viable solution for the vast majority of the
refugees. However, in April 1994, the UNHCR initiated an organised repatriation
programme for the refugees. Under this programme thousands of refugees
repatriated under the High Commissioner's auspices.31 Apart from them, more
than two million Afghan and Mozambique refugees returned to their homes in
1994-95. Significant return movements continued in 1996 in which thousands of
Rwandese returned to their homes from Uganda, Brundi and Tanzania. The
following table shows the major voluntary repatriation movements in 1996 :

30
Yefime Zarjevski, A Future Preserved International Assistance to Refugees, (Oxford, 1988),p. 31.
31
UNHCR., The State of the World's Refugees 1995: In Search of Solutions (New York : Oxford
University Press, 1995) p.62.

70
Table 2.2 Ten Major Repatriation Movements in 1996

To (Country of origin) From (Country of asylum) Total

Rwanda Uganada/B urundi/T anzania 13,01,000

and Congo
Afghanistan Iran/Pakistan/and India 4,77,000

Myanmar Bangladesh and Thailand 2,19,000

Iraq Iran/Saudi Arabia/Pakistan 1,15,000

Vietnam Hongkong 1,06,000

Bosnia-Herzegovina Federal Republic of Yugoslavia 88,000

and Germany
Mali Algeria/Burkina Faso and 73,000
Mauritania
Togo Benin and Ghana 73,000

Burundi Tanzania 71,000

Angola Zambia/Congo and Namibia 59,000

Source: UNHCR and Refugees (Geneva, 1987), p.5.

UNHCR's approach to voluntary repatriation depends on so many factors.

The most important factor is, the conditions in the country of origin. Unless and
until it is convinced that refugees can return in safety, the High Commissioner
does not promote return. It may facilitate existing voluntary movements for
example, through the travel facilities and grants in-kind as it has provided to
Afghans returning from Pakistan and Iran. In some cases, where conditions in the
country of origin permit, it may actively promote and organise the return
movement. For example, 41,000 refugees were airlifted home to Namibia in 1989

71
or the 3,87,000 Cambodian refugees who went home from Thailand in 1992 and
early 1993, or 85 ,000 Vietnamese who returned to Vietnam under Comprehensive
Plan of Action for Indo-Chinese refugees (CPA).32

In other cases, the High Commissioner promotes repatriation and provides

assistance to returnees, but organises transport only for people who do not make
their own arrangements. Such approach was used to the repatriation of some 1.7
million Mozambican refugees who returned home between 1993 to 1995.

As part of its efforts to promote and consolidate voluntary repatriation and to

prevent new displacement, the UNHCR has expanded its activities in countries of
origin. In the context of a new solution-oriented and preventive strategy, the office
has sought to play a more active role in ensuring that repatriation is a truly durable
solution by extending assistance to refugees who have returned to their own
/

countt y and monitoring their welfare. In a number of operation;:;, it has also sought
to reinforce the security of internally displaced people and others who are at risk of
being uprooted.

Wherever, voluntary repatriation takes place, the UNHCR tries to ensure that
a legal framework is set up to protect the rights of returnees. The steps taken by
the office include negotiating amnesties and guarantees of non-recrimination
against returnees.

Generally, tripartite agreements are made between the country of origin, the
country of asylum and the UNHCR. This agreement specifies the conditions of
return and setting out safeguards for returnees . Sometimes, other measure also

)2 ibid., pp.ll-12.

72
taken including institution-building to help create an environment which will
support sustained integration.

Since refugees return to a situation of uncertainty, the UNHCR adopts

community-based approaches to ensure the sustainability of its repatriation and
reintegration efforts. In Central America. Cambodia. Azerbaijan, Mozambique,
Somalia and elsewhere, UNHCR has opted for "quick impact projects" (QIPs) in
collaboration with UN Development (UNDP) and non governmental organisation
station (NGOs)to help returnees to regain self-sufficiency. Such projects include
the repair and reconstruction of schools, health centres, roads and bridges.
Besides, it boosts the agricultural sector through the provision of livestock, seeds,
processing machinery and transport or the establishment of small scale businesses
in rural and urban areas. However, by tilling the gap which has traditionally
existed between returnee relief operations and longer-term development efforts,
the ·'QIPs" have become a bridge to development.

Integration

Although it is believed that voluntary repatriation is the best solution to all

refugee problems, but it is not always a feasible or desirable solution. The High
Commissioner always stressed upon durable solutions. The reason is, some
refugee-producing situations may be of a long-term nature, requiring long-term
relief. It will not only cost more in the long run, but can also give rise to unrest
and dependence. If refugees can be helped to support themselves, it will remove
their handicapness and disabilities resulting from their exodus. The education,
instruction in the local language and vocational training etc. can help them tit into
their new environment and newly adopted society.

In cases where voluntary repatriation is not feasible, the best solution is to

settle refugees in their host country. This can only be done with the agreement of
the Government of the asylum country and the UNHCR. In Africa, refugees have
been moving for a long time into neighbouring countries, they have generally been
admitted unconditionally. Since most of the newcomers were of rural background,
integration could start near villages among local people. The integration was
either spontaneously or in an organised manner. If it was in an organised manner,
the same was achieved within a programme set up by UNHCR and the government
concerned jointly. Most of the local settlements have become the permanent home
of the refugees. For example in 1981, 66 such settlements were established in 14
African countries in which a million people integrated. In Tanzania itself about
36,000 refugees, who were there for more than 20 years, have been integrated and
offered Tanzanian citizenship. In Sudan also some efforts are being made to settle
a large number of refugees in rural and semi-urban regions similar plans are being
put into effect e.g. in Botswana, Lesotho, Uganda, Rwanda, Burundi, Zair and
Zambia.33 However, due to bad economic and social conditions in many host
countries, the UNHCR's integration activities in recent years have diminished in
relation to its other material assistance programmes.

In other instances, in 1996 the Mexican Government offered local integration

opportunities to Guatemalan refugees who do not wish to repatriate. Similarly,
many other efforts were made for local integration of the major refugee problems

n Zarjevski, n.30,p. 32.

74
in Central America. In industrialised countries. government welfare systems and
NGOs provide the bulk of the resources necessary to integrate refugees.
Elsewhere, UNHCR furnishes varying degrees of support for local settlement
projects in both rural and urban settings. Traditionally, local integration projects in
rural areas have taken the form of settlements. In urban or semi-urban areas,
assistance is given to individual refugees to help them integrate.

Resettlement

Resettlement m a third country may be the only way to guarantee

international protection of a refugee who has been denied protection in the country
of asylum and who cannot repatriate to the country of his origin. A country of
asylum should be a welcoming place, offering safety and security to people whose
lives are threatened. But it has oeen found that the state to which refugees have
t1ed is not willing or able to protect their lives. In some cases refugees may even
find themselves at greater risk in their country of asylum than they were in their
country of origin.

Those refugees who do not find a safe refugee in their country of asylum.
may be divided into three categories. Firstly, in some circumstances, refugees may
be refused entry to the country to which they have t1ed or may be threatened with
expulsion. The reason is, the asylum country feels that the refugees would
threaten its political, social or economic stability if they were allowed to remain.
The best example of this kind of refugee is the Vietnamese boat people who were
granted temporary asylum by the South-East Asian states but not anything else.

75
 The second category of refugees are those refugees who may also be under
threat of deportation or prolonged detention in situations where the governments of
country of origin and country of asylum enjoy a close political relationship and
mutual antagonism towards the exiles concerned. In other situations. refugees who
have been admitted to a country of asylum may be threatened not by the authorities
of that state, but by other hostile groups or governments. For example. in 1980s
South African refugees who had tled to neighbouring countries such as Botswana,
Lesotho and Mozambique were regularly killed and injured in operayons
undertaken by the apartheid state and its agents. Members of exiled South African
liberation movements who fell into dispute with their leaders were subjected to the
same kind of human rights violations in their countries of asylum.

A third category of refugees who are confronted with particular difficulties

are those who have special humanitarian needs which can not be met in the
country where they have been granted asylum. Typically, these include people
who have been subjected to torture or sexual violence and who require specialised
care and counselling. This group also include refugees who have serious physical
and mental disabilities for which treatment is not available locally as well as
refugees who have been separated from close family members.

Thus, for the refugees who find themselves in such difficult circumstances, a
better alternative is third country resettlement. It involves transferring a refugee
from his or her country of asylum to another state which has agreed to admit that
person, to grant them long-term residence rights and the opportunity to become
naturalised citizens. When large refugee tlows occur, resettlement is generally not
a realistic option except for a very few individuals. Indeed, it is often not

76
desirable. Many refugees wish to live near their country of origin, both because
they prefer a familiar cultural and social environment, and because their ultimate
goal is to return home. But in cases where repatriation is not possible and no
possibility of durable local integration into the country of asylum, resettlement in
third countries may be the only feasible option.

Out of 185 member states of the United Nations, only nme countries
establish annual resettlement quotas over and above their acceptance of persons
arriving spontaneously at their own borders. These nine countries are-the Uriited
States, Canada, Australia, New Zealand, Norway, Finland, Sweden, Denmark, and
the Netherlands. Other countries may consider submissions from UNHCR on a
case-by-case basis, normally on the basis of family reunion or strong cultural
links.34

Broadening Scope of Functions

Since the inception of the Office of the High Commissioner, his powers were
broadened enabling him to take measures appropriate to the needs of refugees in
evolving situations. For example, in October 1956, thousands of Hungarian
refugees crossed the border into Austria.35 On the basis of the request of the
Austrian Government, UNHCR immediately began to provide for the material
assistance of the newcomers and to arrange for them to be accepted in other

34
Helping Refugees: An Introduction to (Geneva: UNHCR Public Information Section, 1995), p. Nil.
UNHCR,

15
· Zarjevski, n. 30,p.l6.

77
countries as soon as possible. At that occasion the High Commissioner decided to
help the new refugees without first examining each of them to verify their refugee
status. The High Commissioner's role was recognised and appreciated by the
World community:

As a result, in order to legitimise the role of UNHCR in 1957, the General

Assembly authorised the High Commissioner to assist those refugees who did not
come fully within the statutory definition, but whose situation was such as to be of
concern to the international community.36 the case involved large numbers of
Chinese refugees in Hong Kong whose status as 'refugees' was complicated by the
existence of two Chinas, each of which might have been called to exercise
protection. At that time, the High Commissioner was permitted to transfer funds
donated by governments to Chinese refugees in Hong Kong. Similarly, two years
later the General Assembly through a resolution in 1959 extended the use of good
offices to all groups of refugees "who do not come within the competence of the
United Nations".J7 When refugees from Angola flooded into the Republic of
Congo the General Assembly requested the High Commissioner to lend his good
offices in seeking appropriate solutions. Until 1964 some refugees were described
as benefiting from the High Commissioner's good offices. From 1966 the
language changed and became more composite. The General Assembly ceased to
make any differences among refugees and requested the High Commissioner to
"continue to provide international protection to refugees who are his concern,

36
GA Resolution 1167 (XII) of26 November \957.
17
GA Resolution 1388 (XIV) of20 November 1959.

78
within the limits of his competence. and to promote permanent solutions to their
problems:'38

From the mid-1970s, the General Assembly spoke of the High

Commissioner's activities on behalf of "refugees and displaced persons of
concern" to the UNHCR. For example, in December 1972, the General Assembly
allowed UNHCR to assist in the repatriation of Sudanese refugees from
neighbouring countries and also to resettle those who had been displaced within
their own country. By doing this, the Assembly referred at one and the same time
to refugees and displaced persons as coming within the competence of the High
Commissioner.

In 1975 an important step was taken by the General Assembly when it

reaffirmed in its preamble - "the essentially humanitarian character of the activities
'
of the High Commissioner fm the bene tit of refugees and displaced persons" .39
The Economic and Social Council with the endorsement by the General Assembly,
another consolidating step forward in 1976 when it recognised the importance of
UNHCR'S activities in "the context of man-made disasters, in addition to its
original functions and recognised the need to strengthen further the international
protection of refugees.40

The refugee crises in the period 1975 - 1995 illustrate both the development
in the refugee definition and the problems that arise in applying it consistently to
large numbers of asylum seekers. In 1976, the Executive Committee spoke about

18
GA Resolution 2197 (XXI), 16 December 1966.
39
GA Resolution 3454 (XXX), of9 December 1975.
40
ECOSOC Resolution 20 II (LXI), of 2 August, 1976.

79
··asylum seekers" who had left their country in small boats. It referred expressly to
the problems of refugees from Indo-China.

The field of UNHCR competence, and the tield of its responsibilities have
broadened considerably since the office of the High Commissioner was
established. In brief. the movement has been trom the Statute through good
offices and assistance, to protection and solutions. The class of beneficiaries has
moved trom those defined in the Statute, through those outside competence
assisted on a good offices basis, those defined in relevant resolutions of the
General Assembly and directives of the Executive Committee, arriving finally at
the generic class of refugees, displaced persons and other persons of concern to
UNHCR.

Preventive Measures

Though, preventive action which require redressal the root causes of forced
displacement do not come under the mandate of UNHCR, there is often a link
between the resolution of existing refugee problems and the prevention of new
population displacement. Most frequently the preventive efforts of UNHCR are
closely linked to the promotion of solutions and have come into play in situations
where large scale human displacement has already occurred.

The necessity to deal with causes was perceived in many Sessions of

Executive committee. But, the UNHCR's understanding of preventive measures
was initially limited, for example, to ensure the personal safety of refugees, to

80
reduce armed attacks on camps, or meet the needs of refugee women.41
Economic and development aid was linked in 1990 to the prevention of migratory
flows. but in 1991 the General Assembly mentioned the promotion of solutions
through preventive measures.42

Thereafter, the UNHCR highlighted steps that might be taken in countries of

origin with regard to the promotion of human rights or to removing or reducing the
factors that force displacement. In 1992, the Special Rapporteur on former
Yugoslavia said that ''many displaced persons need not have to seek refuge abroad,
if their security could be guaranteed and if they could be provided with both
sufficient food supplies and adequate medical care".43 In 1993, the Executive
Committee emphasised that the UNHCR's activities in the field of prevention must
be complementary to its international protection activities and consistent with the
principles of international human" rights.

However in the 1990s, the UNHCR has undertakenpreventive initiatives in

countries which currently produce refugees or which may produce in the future.
At its most general level, preventive action being developed by UNHCR includes
initiatives to forestall possible refugee flows through institution-building and
training in countries at risk of producing refugees and increasingly through efforts
to address the problem of statelessness. This has been a growing focus of UNHCR
activity in Eastern Europe and the countries of the Commonwealth of Independent
States (CIS). In 1995, the UNHCR along with the International Organisation for

41
The UN General Assembly resolution No. 40/118, para.4, 1987.
42
UN Generally Assembly resolution No. 46/1 06. 16 December 1991, para. 9.
43
Report on human rights in former Yugoslavia: UN document E/CN .4/ 1992/S-1 I I 0, ( 1992).

81
Migration (10M), the Organisation for Security and Co-operation m Europe
(OSCE) and concerned Governments, embarked on a process to develop a
comprehensive regional approach to the problems of refugees, returnees, displaced
persons and migrants in the CIS and relevant States.

In situation where economically motivated migrants may seek to take

advantage of refugee channels, the UNHCR launched some mass information
programmes to provide a clear understanding of refugee status. Such programmes
were run by UNHCR in Vietnam, Albania and in 1996 in the CIS regions. The
aim of these programmes was to discourage people who may seek to use asylum
channels for economic reasons while keeping them open for those who flee
persecution. If refugee crises have already erupted somewhere, the UNHCR has
become more directly involved with internally displaced people, and even-as for
example in Bosnia and Herzegovina, Somalia, West Africa and the Caucasus with
other local people. Although, UNHCR's general mandate does not extend to the
internally displaced persons, but it has increasingly undertaken humanitarian
action on their behalf. It has done with a view not only to providing relief but also
to averting further internal displacement and reducing the need to seek refuge
abroad.

Despite achievements in promoting solutions to problems of displacement in

recent years, a number of the world's refugee problems have remained unresolved.
Moreover, current developments suggest the likelihood of continued ethnic
regional conflicts. Preventing and containing such conflicts, and a principal
protecting and finding solutions for the refugees and displaced persons may remain
preoccupation for the international community. Given the interrelated causes and

82
consequences of contemporary refugee cnses, there has been a growmg
recognition of the need to tackle the refugee issue in an integrated manner at
international level.

Through the Comprehensive Plan of Action (CPA) in South-east Asia and

CIREFCA process in Central America, the UNHCR has used integrated regional
strategy to sort out existing refugee problems and to prevent further population
movements.44

Alerting the world to repeated violations of human rights, impending famine

and rising ethnic tensions, NGOs play the most important role of the conscience of
the world. By exposing human rights abuses, NGOs raise awareness of and
sensitise politicians and the public alike to humanitarian issues, to int1uence
international legal norms and t<;? recommend political and humanitarian action.
The NGOs also play a cruciai role in consolidating solmions. Their community
based approach is an asset in bridging the gap between relief and development,
helping returnee populations to integrate.

Since its inception in 1951, the UNHCR has maintained collaboration with
non-governmental organisations (NGOs). The UNHCR's humanitarian character
and its non-operational dimension in the early days after its creation, the non-
governmental organisations became important actors in the implementation of
assistance projects for refugees. The UNHCR was involved in planning and co-
ordination, while the implementation of these programmes was largely the work of
NGOs.

44
lnformation paper 1997, (Geneva: UNHCR Public Information Section, 1997) p. 12

83
 The UNHCR has developed its relations and collaborations with non-
governmental organisations in every corner of the world wherever it is involved.
Many NGOs were engaged in small-localised efforts to address displacement
problems. The large scale refugee influxes in Africa marked a new chapter in the
work relations between NGOs and UNHCR and contributed to joint efforts to meet
the challenges.

Today, more than one thousand non-governmental organisations are involved

world wide working directly or indirectly with refugees.45 Whether in the sphere
of early warning, emergency response or the search for durable solutions, the non-
governmental organisations play a significant role. These organisations are
UNHCR's closest partners m emergency response and strong advocates of
international protection.

Funding

The UNHCR is almost entirely funded by direct, voluntary contributions

from governments, non-governmental Organisations (NGOs) and individuals.
There is also a very limited subsidy from the regular budget of the United Nations,
which is used exclusively for administrative costs. Article-20 of the Statute states
that:

"The office of the High Commissioner shall be financed under the

budget of the United Nations. Unless the General Assembly
subsequently decides otherwise, no expenditure other than

45
ibid, p.l3.

84
 administrative expenditure relating to their tunctioning of the office
of the High Commissioner shall be borne on the budget of the United
Nations and all other expenditures relating to the activities of the
High Commissioner shall be tinanced by voluntary contributions.''

The UNHCR's budget is divided into two parts :-

1. General Programmes and

2. Special Programmes

Both programmes depend on voluntary contributions from donors. The

General Programmes are basic, ongoing refugee protection and assistance
activities that are planned and approved in advance. The General Programmes an
statutory activities and are divided for the most part by the country and continent
Such type of programmes enable,the High Commissioner to deal with new refuget
situations between sessions of the Executive Committee by drawing on tht
Emergency Fund. These funds are used to finance immediate survival needs
making adjustments in allocations, modifying project allocations, or by drawing or
the Programme Reserve. In the event, however, of large-scale material assistanct
projects being required without delay for assistance to a new group of refugees, th<
High Commissioner would consult the executive Committee.46 This is provide<
in a decision taken by the Committee at its eighteenth session, when the number o
sessions was reduced from two to one in a year.4 7

46
The High Commissioner consults the Executive Committee through a special appeal, a mail poll,
meeting in Geneva of Permanent Representatives members of the Committee, or through a speci<
session of the Committee.
47
The GAOR, 22"d Session, Supplement No. II A (A/6711/ Add.1) Para. 38

85
 The UNHCR's budget topped US $ 1 billion for the tirst time in 1992. It has
since exceeded that mark every year, primarily because of refugee emergencies in
former Yugoslavia, the Great Lakes region of Africa and elsewhere. The UNHCR
makes considerable efforts to raise funds throughout the year, so that refugees can
be immediately assisted with food, shelter and other essentials for their survival.
The 1996 and 1997 budget of UNHCR were US $ 1.43 billion and $ 1.22 billion
respectively.

In the words of Dr. (Ms.) Sadoko Ogata, the present High Commissioner for
Refugee "funding is not easy, but it is a challenge too. If we manage the funds
well, the international community and governments do fund us, and this was
proven last year. It is very important
,
that there is international recognition that
refugee protection assistanc~ has to be done. It is une of the major global

agendas".48 According to Dr. Sadoko Ogata, the United States continues to be the
largest contributor with a very strong commitment to humanitarian assistance and
refugee assistance. The other large donors to the High Commission for Refugees
are European Community, Japan. Sweden, Germany, Great Britain and many other
developed countries.

•M Sadako Ogata, "Refugees: A Multilateral Response to Humanitarian Crises," in 1992 Stanford

£/berg Lecture in International Studies (Berkeley: Institute of International Studies, University of
California, 1992),p.l8.

86
Table 2.3: Major Programmes OfUNHCR (in millions of US$)

Programmes Required Contributed Result

(Shortfall)
AFRICA
Angola Repatriation 21.0 16.5 (4.5)
Great Lakes Operatic 140.9 150.0 9.1
Rwanda 114.0 73.4 (40.6)
-·
Mail Repatriation 15.7 10.9 (4.80
Horn of africa 39.2 29.4 (9.8)
Liberia Repatriation 14.1 12.1 (2.0)
ASIA
Post CPA 23.7 24.5 0.8
Myanmar Repatriation 11.5 12.1 0.6
,
Sri Lanka Repatriation 8.5 7.0 ( 1.5)
Cambodia 2.3 3.0 0.7
SW and CENTRAL ASIA
Afganistan repatriation 19.9 21.2 1.3
Tajikistan 4.7 5.6 0.9
LATIN AMERICA
Guatemala Repatriation 9.9 10.5 0.6
EUROPE
Former Yugoslavia · 220.1 207.5 ( 12.6)
CIS Countries 38.1 29.2 (8.9)
OTHER
Other SpecialProgrammes 53.4 50.7 (3.1)
TOTAL (GP+SP) 1189.6 1041.7 (147.9)

Source: UNHCR, Funding Overview 1997.

87
 The Special Programmes are refugee emergency operations, voluntary
repatriations and assistance to non-refugees, such as internally displaced people.
In the case of Special Programmes carried out at the request of the General
Assembly or ECOSOC for the benefit of certain specific groups of persons. The
High Commissioner can appeal for the funds required to tinance such type of
programmes. Sometimes the High Commissioner initiates material assistance
programmes when the General Assembly requests him to participate on the
invitation of the Secretary General. In launching or participating in Sp~cial

Programmes, the High Commissioner is guided by the humanitarian need to assist

persons who are of concern to UNHCR and who require urgent help.

Funds for each Special Programmes are usually sought through the issuance
of appeals which can be launched, revised and updated as required. In former
Yugoslavia and other large programmes, appeals for funds are often co-ordinated
with other United Nations agencies in the region

Co-operation with other Organisations

As mentioned in paragraph 8 of the Statute, the United Nations High

Commissioner for Refugee will work jointly with other members of the
international community. Since the activities of the UNHCR increased and
diversified, its relationship with other organs of the United Nations and specialised
agencies, with intergovernmental organisation and NGOs have become
increasingly important. In planning and implementing programmes, the UNHCR
needs the help of other bodies whose tasks are complementary to its own efforts.

88
 The UNHCR draws on the expertise of other organisations of the United
Nations System. For example, the World Food Programme (WFP) plays an
important role in supplying basic food until refugees are able to grow their own
crops or become self-sufficient, through other activities. Similarly other agencies
of the United Nations in matters such as child welfare- UNICEF, food production-
FAG, health measures-WHO, education-UNESCO, and vocational training-ILO
provide all possible assistance to the UNHCR.49 In Central America, Cambodia
and Mozambique the UNHCR and UNDP have co-operated very closely to ensure
that the immediate rehabilitation assistance provided by UNHCR strengthens the
longer-term development plans. In a situation where refugees have not been able
to return home, the W odd Bank, the International Fund for Agricultural
Development (IF AD) and UNHCR have joined forces to plan finance and
implement projects which aim to promote self-reliance. These include agricultural
"
activities and schemes to ~reate employment opport~nities for refugees in their
country of asylum.

In addition to these agencies of the United Nations system co-operating with

UNHCR in their respective fields, governmental, intergovernmental and non-
governmental organisations play an important role in UNHCR's activities. This
has sometimes been achieved by designating a lead agency responsible for the co-
ordination of a particular operation at the field level. The European Community
(EEC) is instrumental in providing help both in cash and kind, and in the
implementation of legal instruments. The EEC also extends moral and political
support in the search for solutions to refugee problems. The Intergovernmental

49
Ibid., p.l3

89
Committee for Migration (ICM) organises the transportation of refugee migrants.
There is also a long-standing tradition of co-operation between UNHCR, the
International Committee of the Red Cross (ICRC) and the League of Red Cross
Societies (LRCS). In early 1992, the Secretary General established the
Department of Humanitarian Affairs (DHA) to assist in co-ordinating the United
Nations response in complex humanitarian emergencies.50 The UNHCR works
with other components of the United Nations in the broader context of peace-
building and peace-making operations. Such co-operation has taken plac~ in
Cambodia with the United Nations Transitional Authority in Cambodia (UNTAC),
in the former Yugoslavia with the United Nations Protection Force (UNPROFOR)
and in Mozambique with the United Nations Operation in Mozambique
(ONUMOZ).

Besides, the UNHCR co-ordinates activities with the Organisation of African

Unity (OAU) within the framework of the Joint Working Group. This group was
established to monitor progress in the implementation of recommendations
adopted at the Conference On The Situation Of African Refugees held in Arusha
in 1979. The International Conference on Assistance to Refugees in Africa
(ICARA) held in Geneva in April 1981, was sponsored jointly by the Secretary
General of the United Nations, the OAU and UNHCR. The second International
Conference on Assistance to Refugees in Africa (ICARA II) took place in Geneva
in July 1984 under the same auspices except that UNDP also participated in the
Steering Committee in recognition of the development aspect of many of the
projects submitted to the Conference. Relations with the Organisation of

50
ibid.,

90
American States (OAS) have continued, with special emphasis at the moment on
UNHCR's programme for Central American refugees. In the same way, a close
co-operation with the League of Arab States continues. while an Agreement was
signed in July 1988 between the Organisation of the Islamic Conference and
UNHCR, thus consolidating co-operation in areas of mutual interest. 51

UNHCR and Non-Governmental Organisations (NGOs)

The voluntary agencies have been a permanent factor in refugee work since
the early 1920s. In pursuance of Article 8(h) of the Statute the High
Commissioner ''establishes contact in such manner as he may think best with
private organisations dealing with refugee questions" and "facilitate the co-
ordination of the efforts of private organisations concerned with the welfare of
refugees" (Art. 8(i)). These Articles of the Statute carries some sort of link which
was in 1921 between international agencies dealing with refugee problems and the
voluntary agencies. Over the decades perhaps the most dedicated service to the
cause of refugees has been provided by the voluntary agencies. The voluntary
agency functioning on behalf of refugees may be viewed from two aspects. First,
their immediate practical services to the refugee and second their indirect service
as intermediaries between a refugee and official bodies dealing with refugee
problems. In terms of practical services, it is the voluntary agencies which are on
the scene of disasters generally long before the official action is taken. Potentially
they provide assistance to all refugees including who are not included in the

51
Ogata,n. 48,pp-I 0-11.

91
mandate. This was very important in the past when refugees were not clearly
defined and official bodies were not helping. The voluntary agencies have
operated at all stages of the work with refugees. from emergency relief and
assistance in or outside refugee camps to long-range projects for permanent
solutions. 52

In addition, the voluntary agencies are also the agents of important indirect
services, insofar as they function as intermediaries between the refugee and their
own constituencies and between him and the official bodies seeking permanent
solutions to refugee problems. A primary means of indirect assistance is that of
lobbying before individuals, groups, private foundations or official bodies
concerned with refugees.

52
Holbom, n.2, p.l22.

92