ORIGINS AND BACKGROUND

From the outset, the United Nations has recognised that the task of caring for refugees is a matter of international concern and that, in keeping with its Charter, Member States should assume collective responsibility for those fleeing persecution. This recognition led the General Assembly of the United Nations, in its first session in 1946, to establish the International Refugee Organisation (IRO) to succeed to the existing international organisations caring for some 21 million refugees scattered throughout post-war Europe. The IRO was intended to be a temporary specialised agency of the United Nations, with the primary objective of seeking solutions to the problems of refugees and displaced persons still living in camps, mostly in Austria, Germany and Italy. It soon became clear that the problem needed further organised international efforts. The Member States of IRO considered it appropriate that the responsibility for refugees should be taken over by the United Nations itself.

In response to a proposal by the Secretary-General, an ad hoc body within the financial and administrative framework of the United Nations, but capable of acting independently, was agreed upon by the General Assembly.

The Office of the United Nations High Commissioner for Refugees (UNHCR) was set up on 1 January 1951 for an initial period of three years, in accordance with General Assembly Resolution 319 (IV) of 3 December 1949 and 428 (V) of 14 December 1950. UNHCR office was established as a subsidiary organ of the General Assembly, under Article 22 of the Charter, on a basis similar to that of other agencies of the United Nations, such as the United Nations Development Programme (UNDP) and the United Nations Children's Fund (UNICEF). In recognition of the fact that the refugee problem required continued attention, the General Assembly decided to prolong UNHCR's mandate for a period of five years, renewable on 1 January 1954. More recently, at its forty-seventh session, the General Assembly adopted resolution 47/104 by which this mandate was extended for a further period of five years from 1 January 1999 to 31 December 2003.

The High Commissioner is nominated by the Secretary-General and then elected by the General Assembly. Under the terms of Chapter I of the UNHCR Statute, the High Commissioner acts under the authority of the General Assembly and follows directives given by the General Assembly and the Economic and Social Council (ECOSOC). The High Commissioner also reports to the Executive Committee of the High Commissioner's Programme (EXCOM). EXCOM is composed of 53 Member States and advises the High Commissioner in the exercise of functions under the Statute, approves material assistance programmes for the next calendar year, and sets financial targets required for their implementation. The Executive Committee's Standing Committee, meets quarterly during the year to review and decide on various aspects of UNHCR's work. The Executive Committee meets in full session each year in October. Its deliberations are focussed on a theme agreed upon earlier in the year.

UNHCR's operational structure consists of the Department of International Protection, the Department of Operations, the Division of Communication and Information, and the Division of Resource Management. Operations comprise Europe; the Americas; Africa, Asia and the Pacific; Central Asia, South West Asia, North Africa and the Middle East.

UNHCR has an annual budget financed by voluntary contributions from governments, non-governmental organizations and the private sector, as well as a very limited subsidy from the regular budget of the United Nations (to be used exclusively for administrative costs). Under paragraph 10 of the statute, the High Commissioner administers any funds, public or private, received for assistance to refugees. Total expenditure in 1998 amounted to US$863.8 million including the United Nations regular budget contribution of US$23.3 million, which represents 2.7% of the global amount. Estimates for 1999 stand at US$914 million.

Under the terms of paragraph 6 and 7 of the Statute, a refugee falling under the mandate of UNHCR is defined as: "Any person who...owing to a 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; or who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing to such fear or for reasons other than personal convenience, is unwilling to return to it".

"Persons of concern" to UNHCR under its enlarged mandate are those defined as refugees under the Statute annexed to General Assembly Resolution 428 (V) of 14 December 1950, returnees who are former refugees and have recently returned from exile to their home countries, as well as displaced persons whom UNHCR is called upon to assist pursuant to resolutions of the General Assembly or at the request of the Secretary-General.

UNHCR ACTIVITIES

UNHCR's main function is to provide international protection to refugees and promote permanent solutions for their problems. UNHCR also assists asylum-seekers, returnees, and others of concern to the Office.

To fulfil its international protection mandate, UNHCR promotes adoption and implementation of international refugee law and human rights standards for the treatment of refugees, particularly in areas such as non-refoulement, i.e. not being returned to a country where a refugee may have reason to fear persecution, ensuring freedom of movement and the enjoyment of socio-economic rights in the countries of asylum.

To promote durable solutions, UNHCR seeks to facilitate the voluntary repatriation of refugees and reintegration into their country of origin or, where this is not feasible, to facilitate their integration in the countries of asylum or their resettlement in third countries.

In addition in 1996, the UN General Assembly called on UNHCR to promote accession to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, and provide governments with technical and legal advice on their nationality legislation. The agency works with governments drafting nationality legislation, helps co-ordinate emerging legal systems, assists and advises in individual and group cases of statelessness, and helps negotiate treaties related to statelessness.

International Protection

The legal basis for the international protection function discharged by UNHCR is contained in paragraph 1 of the statute and subsequent resolutions of the United Nations General Assembly. In the exercise of this function, UNHCR seeks in particular to:

promote accession to the international and regional instruments relating to refugees, returnees and displaced persons, and ensure that the standards defined in these instruments are effectively implemented through the adoption of legislative and/or administrative measures at the national level;

ensure that refugees are treated in accordance with recognised international standards and receive appropriate legal status in the country of asylum, and are able to exercise their entitled economic and social rights;
ensure that asylum is granted to refugees, and that they are not forcibly returned to a country where they have reason to fear persecution (non-refoulement);
ensure that applications for asylum by persons claiming to be refugees are examined within the framework of appropriate procedures, and that while their requests are being examined, asylum seekers are protected against forcible return to a country where they have reason to fear persecution;
- promote a wider knowledge and understanding, both universally and at regional levels, of the recognised international principles for the treatment of refugees, returnees and displaced persons of concern to the office;
- assist refugees to cease being refugees either through voluntary repatriation to their countries of origin, local integration or resettlement to a third country;
- facilitate the reintegration of returnees through close consultations with the government concerned, including monitoring compliance with amnesties, guarantees or assurances on the basis of which the return has occurred; and
- provide protection and assistance, when requested to internally displaced persons in certain circumstance.

International Legal Instruments Relating to Refugees

The international protection function of UNHCR is derived from the Statute of the Ofice of the UN High Commissioner for Refugees , which is complemented by international legal instruments, the most important of which is the 1951 Convention relating to the Status of Refugees and its 1967 Protocol. The 1951 Convention provides a general and universally applicable definition of the term "refugee" and lays down minimum standards for the treatment of refugees. It also establishes a formal link under Article 35 between UNHCR and States party responsible for the protection of refugees by requiring them to cooperate with UNHCR in the exercise of its functions. As of 30 September 1999, 138 states were party to the 1951 convention and/or the 1967 protocol.

Of the several other international legal instruments that are directly or indirectly concerned with refugees, special mention should be made of the Convention Governing the Specific Aspects of Refugee Problems in Africa, adopted by the Organization of African Unity (OAU) in 1969 (which 42 African states have now ratified), which contains a wider definition of "refugee".

A refugee definition is also embodied in the 1984 Cartagena Declaration on Refugees. Although not of a legally binding character in itself, the Declaration, which has been affirmed by the General Assembly of the Organization of American States (OAS), is respected by most states in the Latin American region and has been introduced into domestic law in some of them.

Assistance Activities

The United Nations General Assembly, at its ninth session in 1954, adopted Resolution 832 (IX) authorizing the High Commissioner to establish a fund designed to achieve durable solutions to the problems of refugees and to continue emergency assistance to the most needy. This resolution established the pattern for all subsequent UNHCR assistance activities as they have developed over the years. Under the terms of Resolution 1166 (XII) adopted in 1958, the High Commissioner was authorized to put into effect an annual assistance programme and to establish an emergency fund.

The Office's assistance activities fall under two broad categories:
- the General Programme, which covers ongoing assistance activities on behalf of refugees (including some repatriation activities) and includes the emergency funds; and
- Special Programmes, which include activities resulting from large new programmes until such time as they become integrated into UNHCR's programme cycle. Special activities funded by single donor governments for specific purposes are also included under Special Programmes.

Of the beneficiaries of UNHCR assistance programmes, 80% are women and children. The UNHCR Policy on Refugee Women, adopted by the forty-first session of its Executive Committee in 1990, recognizes that becoming a refugee affects men and women differently and that UNHCR activities must take these differences into account. The policy's basic principle is to integrate the resources and needs of refugee women into all programmes, rather than initiating separate women's projects. This policy aims to ensure equitable protection and assistance. A training course entitled People-Oriented Planning Training highlights UNHCR's growing efforts on behalf of refugee women.

As is the case for refugee women, meeting the specific protection and assistance needs of refugee children is an integral part of each UNHCR programme. When a multidisciplinary working group on refugee children was created in 1988, the High Commissioner appointed a senior coordinator for refugee children to help raise awareness of their special needs and develop an appropriate policy framework and plan of action. The working group represents an important forum within UNHCR for support and discussion on issues concerning refugee children, as well as a contact point for NGOs concerned with the same subject.

UNHCR recognizes the impact of the presence of refugees on the environment. As a result, a senior coordinator on environmental affairs was appointed in 1993 to reinforce efforts to address environmental problems. UNHCR has adopted "an ecologically sensitive approach with specific inclusion of environmental concerns" in its programmes. It also aims to minimize the impact of the creation of refugee camps on its surroundings and improve ecological conditions in refugee camps by taking action in relation to energy, shelter, water and sanitation. UNHCR funds government or NGO reforestation projects in countries such as Guinea, Malawi, Rwanda and Sudan.

Durable Solutions

As mentioned above, UNHCR's mandate includes the search for durable solutions to refugee problems, which consist of voluntary repatriation, local settlement or resettlement in another country.

Voluntary repatriation incorporates protection and assistance elements. The protection element ensures that repatriation is voluntary and takes place in safety and dignity; the assistance element ensures that appropriate resources are provided for a sustainable return. During 1995, UNHCR assisted some 727,000 refugees to return home. In July, UNHCR started a programme of organized repatriation of Angolan refugees.

While voluntary repatriation remains the most desirable durable solution, many countries still support local integration of refugees in their country of residence and/or of first asylum. Refugees can be helped to become self-sufficient locally through academic and vocational training, for example, or through loans or grants to help them engage in gainful activities. Public awareness campaign in European countries and the United States are aimed at facilitating the reception and possible local integration of some refugees.

Since its inception, UNHCR has been actively engaged in promoting refugee resettlement in third countries, in close cooperation with the International Organization for Migration (IOM) and NGOs. In the field, UNHCR's main task is to negotiate suitable resettlement opportunities with governments for those refugees for whom this is the best, and often the only, solution.

UNHCR continues to identify resettlement needs additional resettlement countries have been identified in different regions

The New Challenges

As the problem of displacement has grown in recent years, the increasing number of refugees and displaced persons has necessitated a broader approach and a search for a comprehensive response.

The High Commissioner has launched a threefold strategy of prevention, preparedness and solutions. This strategy calls for, among other things, coordinated efforts in countries of origin to address the conditions that cause displacement; an improved response to protection and assistance when displacements occur; and a greater involvement by UNHCR and governmental, intergovernmental and non-governmental agencies in countries of asylum and of origin to seek the successful integration of refugees, returnees and displaced persons.

INFORMATION AND DOCUMENTATION SERVICES

UNHCR's activities in this field are coordinated by the newly established Division of Communication and Information. The aim of UNHCR's Media and Public Affairs Service is to promote awareness and understanding of refugee issues and of UNHCR activities through the media, public awareness campaigns and the production, promotion and distribution of a wide array of paper, film and electronic publications. These materials include Refugees magazine, brochures, leaflets information bulletins, press releases, posters, films, photographs, UNHCR's website (www.unhcr.ch), and a daily electronic refugee news clipping service.

UNHCR's Centre for Documentation and Research (CDR), was established in 1986 to meet the information needs of UNHCR staff as well as external users.

CDR's information services are available through its library, which is open to the public, and through electronic means. The scope includes the broad spectrum of information on refugees, asylum-seekers and other populations of concern to UNHCR; wide-ranging information on countries of origin including political and social conditions; human and minority rights issues; the analysis of conditions that give rise to internal and/or external displacement and national legal frameworks. CDR also has an extensive collection in the legal and policy domain, covering a wide range of issues including international, human rights and humanitarian law, international and national refugee law and principles, policy guidelines, related jurisprudence and positions. The primary tool for dissemination is REFWORLD. Please visit this link to know more about it.

The Division of Communication and Information is also responsible for producing the State of the World's Refugees which is published on a biennial basis in several languages.

CDR also produces a quarterly journal. The Refugee Survey Quarterly and the International Thesaurus for Refugee Terminology, as well as a variety of conference reports and background papers on country conditions.

NGO RELATIONS

Since its creation, UNHCR has given high priority to its relations with NGOs. The NGO Unit at headquarters was established in 1975. Today, more than ever, UNHCR considers the NGO community an important partner in the implementation of its assistance programmes and in the promotion of refugee rights. NGOs that provide support and services to refugees are encouraged to coordinate with UNHCR to avoid duplication and to ensure efficient allocation of resources. Their role will increasingly include participation in the formulation of programme activities and in policy related discussions.

A consultation is held with NGOs during the week prior to the annual session of UNHCR's Executive Committee. In addition, the Standing Committee of the Executive Committee decided that NGOs that register at the plenary session of the Executive Committee would be invited, as observers, to meetings of the Standing Committee during the following year. One joint NGO statement per agenda item could also be made.

Several information meetings involving NGOs are held in Geneva throughout the year on topics such as food aid, protection issues or specific country situations.

UNHCR works with bonafide organizations--national or international--that share a non-political mandate. UNHCR criteria for selection of an NGO working partner are contained in a February 1992 document entitled UNHCR/NGO Partnership. The three basic administrative conditions are to:
be legally registered at the locations of its headquarters and/or in the country where they are operating;
have the authority to operate a bank account and the ability to maintain separate accounts for any expenditures incurred on behalf of UNHCR;
be able to demonstrate financial reliability by producing official audit statements.
Must have established a working relationship with the government that allows them to operate within the country concerned.

UNHCR and NGO collaboration in project implementation is governed by agreements that establish common responsibilities. Since 1980, UNHCR has developed a glossary of standard clauses for use in project agreements. These clauses were reviewed in 1990 and a standard, universally applicable text was developed. The new standard text was introduced in January 1991 and is being used in projects implemented by some 500 NGO operational partners.

UNHCR gives priority to cooperation with indigenous NGOs or international NGOs with local affiliates, since they are generally better acquainted with the local situation. UNHCR favours working with NGOs that have ongoing programmes in the country.

One of the basic considerations underlying UNHCR's collaboration with NGOs is complementarity and providing leeway for different forms of cooperation. Over 500 NGOs cooperate in UNHCR's relief or legal assistance programmes. In programmes such as training, advocacy or information sharing, UNHCR increasingly seeks to work with NGO networks. In Italy, UNHCR promoted the creation of CIR (Italian Refugee Council). Spain and Portugal have similar networks, which operate as implementing partners. In Germany, UNHCR promoted the establishment of Pro-Asyl, a group made up of representatives of several NGOs active on protection issues. UNHCR encourages NGOs to organize campaigns that make people aware of refugee needs and potential contributions to the economic and social life of the countries in which they settle.

In the Nordic countries, UNHCR has a "three pillar" approach, whereby the reception of refugees/asylum seekers, the decision-making process and integration-oriented activities are carried out by government authorities, lawyers and NGOs; each has a specific role. In the United Kingdom, the Immigrants Advisory Service (UKIAS) is UNHCR's implementing partner in protection work. UKIAS is financed by UNHCR and the Home Office, and works in close cooperation with the British Refugee Council (BRC) as well as numerous other NGOs. UNHCR assists in training UKIAS staff and runs training programmes for immigration officers in refugee law.

NGOs are often UNHCR's implementing partners for educational assistance projects. NGO representatives and UNHCR participate in an interagency consultative group with UNESCO, UNICEF and ILO to promote interagency coordination and programmes.

NGOs are also often involved in counselling services. By providing skilled staff, they help refugees find appropriate solutions to their problems.

UNHCR collaborated closely with the Development Center of the Organisation for Economic Co-operation and Development, (OECD) and the Human Rights Information and Documentation System (Huridocs), in association with the International Organization for Migration (IOM) in the production of a directory of NGOs from OECD countries active in the field of refugees, migrants, human rights and development. (The directory was published in 1993.) Additionally, UNHCR has issued its own Directory of Non-Governmental Organizations, which is updated on a regular basis.

UNHCR INITIATIVES ON UNHCR/NGO COLLABORATION

In 1990, UNHCR began a series of consultations in the field and in Geneva that involved 200 traditional UNHCR/NGO partners and 20 UNHCR field offices worldwide. These consultations were designed to review UNHCR/NGO cooperation in a variety of fields including protection, advocacy, information, fundraising and programming. The consultation resulted in the document Partnership: Comments from UNHCR Branch Offices. It defines the basic criteria for the selection of NGO operational partners by UNHCR. This important document, which pointed to the need for improved cooperation, also recognized that it did not cover every area of potential partnership.

As a result of the need to widen the dialogue and improve responses to refugees and displaced persons, in 1993 UNHCR initiated with the International Council of Voluntary Agencies (ICVA) a process known as PARinAC (Partnership in Action). The process, which involved a series of six regional consultations, started in Caracas (Venezuela) in June 1993 and was followed by others in Kathmandu (Nepal), Tunis (Tunisia), Bangkok (Thailand), Addis Ababa (Ethiopia) and Budapest (Hungary). It culminated in a global conference in Oslo (Norway) from 6 - 9 June 1994. Supplementary consultations were held with NGOs in Tokyo (Japan), Toronto (Canada), Washington, London and New York.

The consultations focused on five areas: refugee protection, internally displaced persons, emergency preparedness and response, the continuum from relief to rehabilitation to development, and UNHCR/NGO partnerships. Each regional conference viewed these themes in relation to local or regional situations and produced sets of proposals on concrete measures to improve UNHCR/NGO relations and the response to refugees and internally displaced persons.

The PARinAC global conference included 182 NGO representatives from 83 countries, as well as observers from intergovernmental bodies, the United Nations system, agencies and members of EXCOM. The conference adopted by consensus the Oslo Declaration and Plan of Action, which endorses the regional proposals from all the consultations. The Plan of Action includes 134 recommendations that will serve as guidelines for present and future response to humanitarian challenges.

Following the PARinAC global conference, the NGO Unit was renamed the NGO Coordination Unit. Focal points for liaison with NGOs on all operational matters in each region were designated. In addition, UNHCR regional or sub-regional focal points for liaison with NGO partners on all matters regarding the follow-up and implementation of the PARinAC process were identified. Briefing sessions and follow-up meetings take place regularly, between UNHCR focal points in the field and national NGOs, relating to the increased role of NGOs in operational activities. These meetings fall within the framework of UNHCR's commitment to consult more closely and more regularly with NGOs, particularly at the local level, and to involve them as far as possible in the formulation of programmes in all relevant areas including emergency response, repatriation, protection and the internally displaced.

In 1998 UNHCR launched a PARinAC in the Year 2000 Plan to review progress since the 1994 Oslo meeting and to refocus and revitalise PARinAC in the light of the changed environment in which humanitarian action is conducted.

The PARinAC process has meant more systematic coordination with NGOs and greater cooperation in response to challenges facing the humanitarian family.

Contact: Arnulv Torbjornsen, NGO Coordinator, Division of Communication and Information, UNHCR, CP 2500, CH-1211 Geneva 2 Dépôt, Switzerland, telephone: +41-22/739 8290, fax +41-22/739 7302, e-mail <torbjorn@unchr.ch>, website (www.unhcr.ch).