This Article is written by Ms. SRI ROSHINI NAKKA, a 3rd year student of DSNLU, Visakhapatnam.

ABSTRACT 

Wars are not only ancient, whatever form there are in, they are part of present and will be part of future. And migration from these war prone countries is a common phenomenon among citizens.  The main responsibility of UNHCR is not operational. Apart from exerting pressure on governments to accept refugees and providing legal counsel, UNHCR has been actively involved in providing more tangible support and protection for refugees, frequently in collaboration with non-governmental organisations. In order to coordinate the financing of such initiatives, UNHCR may enter into operational cooperation agreements with NGOs (as permitted by UNHCR statute articles 8 and 10). This article will look at the role of United Nations High commissioner for Refugees in protecting these migrants and assisting them. This involves a complex interplay of legal frameworks and practical services, operating within a constantly evolving global landscape.

INTRODUCTION:

The UN General Assembly (UNGA), which established the UN High Commissioner for Refugees (UNHCR) in 1949, is the parent body of the UNHCR. Its headquarters are in Geneva, and it started operations in 1951. The mission of UNHCR is to uphold the fundamental laws that are recognised by every State with regard to people’s freedom to leave their own country and apply for asylum abroad. In doing so, it assists States in addressing the human, financial, diplomatic, legal, and administrative issues brought on by the refugee crisis. 

On December 14, 1950, the United Nations General Assembly (UNGA) enacted Resolution 428 [V], which established the Office of the United Nations High Commissioner for Refugees (UNHCR). Those who are fleeing conflict or persecution are frequently in extremely precarious situations. They are not shielded from their own state; in fact, their government frequently threatens to prosecute them. They might be condemned to death or an awful life without rights or security if other nations refuse to let them in and do not assist them once they are there.

 “The High Commissioner shall provide for the protection of refugees falling under the competence of his Office,” according to Article 8 of the UNHCR Statute. UNHCR functions include encouraging the implementation of any measures intended to improve the circumstances of refugees and lower the number in need of protection through special agreements with governments and encouraging the entry of refugees, including the most impoverished ones, into state borders; working to secure the ability of refugees to transfer their belongings, particularly those required for their resettlement; They also make contacts in the most effective way possible with private organisations that address refugee-related issues; assisting in the coordination of private organisations’ activities to promote the welfare of refugees. 

Two categories of activities stand out when examining the UNHCR’s mandate and role in providing care for asylum seekers and refugees: traditional activities, which are defined by the 1951 Refugee Convention and the UNHCR Statute which emerged during the organization’s founding; and modern activities, which have developed as a result of shifting conditions on the ground. The UNHCR has the potential to undertake a wide range of activities in this field, including caring for so-called environmental refugees and offering humanitarian aid to those who are fleeing for their lives. As a result, other activities have emerged over time.

Legal frame work: Material assistance and protection are connected. The UNHCR can only offer effective legal protection if a person’s essential needs such as food, housing, water, sanitary conditions, and medical attention are satisfied.   

1. The foundational elements of the system of international protection for refugees are outlined in the Convention pertaining to the Status of Refugees, which was ratified on July 28, 1951. It outlined the primary responsibilities and rights of refugees as well as the treatment to which their nation of sanctuary is entitled. The UNHCR released new guidelines in December 2016 for including people fleeing violence and armed conflict in the 1951 Refugee Convention’s definition of refugee.

When the 1967 Refugee Protocol was ratified, the 1951 Refugee Convention’s original geographic and chronological restrictions—which applied only to “events occurring in Europe before 1 January 1951″—were lifted. According to the preamble of the 1967 Refugee Protocol, “new refugee situations have arisen since the Convention was adopted”. The 1951 Convention established a fundamental principle that states that refugees cannot be banished or sent back “to the frontiers of territories where life or freedom would be threatened.”

Despite the fact that the 1951 Refugee Convention was ratified before the UNHCR was established in 1950 and went into effect in 1954, there is an inherent and practical connection between the two.  The majority of UNHCR’s efforts are directed at implementing the 1951 Refugee Convention or completing the gaps that exist in the convention as it is actually implemented.

1. A Protocol that expanded the application of the 1951 treaty’s provisions to a wider variety of refugee situations reinforced the Convention in 1967. The 1951 Refugee Convention’s geographical and temporal restrictions, which had essentially restricted the extent of international refugee protection to refugees in Europe following World War II, are eliminated by the 1967 Protocol.
2. The UNGA may, upon a case-by-case basis, request that UNHCR assume responsibility for particular refugee situations that do not fall within the narrow categories provided by the UNHCR Statute and the Refugee Convention (such as internally displaced person issues). Beyond what has been negotiated and agreed upon in bilateral or trilateral agreements made with the governments of the relevant States, UNHCR is powerless in such circumstances.
3. Regional instruments for protection: Two regional instruments pertaining to refugee protection are the Cartagena Declaration of 1984 and the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa. 

Not every issue pertaining to refugee protection is covered under international refugee law. International humanitarian law, human rights law, and refugee law, however, offer a complete framework for protecting UNHCR’s priority population, including internally displaced people

1. International humanitarian law is a base for refugee law. According to Article 14 of the Universal Declaration of Human Rights, which was adopted on December 10, 1948, everyone has the right to apply for and be granted asylum from persecution they may be facing abroad. It is not a legally binding document. Nevertheless, over time, several of its clauses have come to be recognised as universally enforceable customary international law.
2. Customary international law: Certain principles, like the prohibition of torture, are considered binding even without formal treaties. UNHCR advocates for their application to refugees and thus protect them from any kind of torture.

The number and variety of organisations UNHCR collaborates, which has increased in tandem with the complexity of humanitarian situations. The World Food Programme (WFP), UN Children’s Fund (UNICEF), World Health Organisation (WHO), UN Development Programme (UNDP), Office for the Coordination of Humanitarian Affairs (OCHA), and UN High Commissioner for Human Rights (OHCHR) are examples of sister agencies within the UN. The International Federation of Red Cross and Red Crescent Societies (IFRC), the International Organisation for Migration (IOM), the International Committee of the Red Cross (ICRC), and about 640 non-governmental organisations are among the other organisations.

Services provided:

1. Protection: UNHCR works to ensure physical and legal safety for refugees, including advocacy against violence, discrimination, and arbitrary detention. They also provide legal aid and support in asylum claims and status determination procedures.
2. Emergency assistance: In initial stages of displacement, UNHCR delivers life-saving essentials like food, water, shelter, and medical care. They also help establish refugee camps and coordinate humanitarian responses.
3. Livelihoods and integration: UNHCR promotes refugee self-reliance and integration into host communities through education, skills training, and employment opportunities. They also support voluntary repatriation or resettlement when conditions allow.
4. Durable solutions: Ultimately, UNHCR seeks durable solutions for refugees, either through local integration, resettlement in a third country, or voluntary return to their home country when safe and sustainable.

Safeguarding Human Rights:

1.  Providing asylum: UNHCR advocates for and facilitates access to safe havens for war migrants, ensuring they receive international protection and respect for their fundamental human rights.
2. Preventing refoulement: The agency works tirelessly to prevent war migrants from being returned to countries where they face danger, upholding the principle of non-refoulement.
3. Promoting legal frameworks: UNHCR collaborates with governments to develop and implement legal frameworks that protect the rights of war migrants, ensuring they are treated fairly and humanely.

Delivering Life-Saving Aid:

1. Emergency relief: UNHCR provides immediate assistance to war migrants with essentials like food, water, shelter, and medical care, helping them survive during the initial displacement crisis.
2. Camp management: The agency manages refugee camps, ensuring dignified living conditions and access to basic services like sanitation, education, and healthcare.
3. Livelihood opportunities: UNHCR empowers war migrants with skills and resources to become self-sufficient, fostering their long-term well-being and integration into host communities.

Facilitating Durable Solutions:

1. Voluntary repatriation: When conditions are safe, UNHCR supports war migrants who wish to return home voluntarily, providing assistance with transportation and reintegration into their communities. For most refugees, voluntary repatriation is the best option in the long run. Once conditions allow, usually after a conflict has ended and some degree of stability has been restored, most refugees would desire to return home. As long as it’s safe and their reintegration is feasible, UNHCR promotes voluntary repatriation as the greatest option for internally displaced people.
2. Local integration: In cases where repatriation is not possible, UNHCR works with host countries to integrate war migrants into their societies, facilitating access to education, employment, and housing. Some refugees are either unable or unwilling to return home, mainly due to the possibility of ongoing persecution. Under such circumstances, UNHCR assists in finding them new homes, either in the asylum nation where they are currently residing (and comparatively few countries are prepared to offer this choice in an increasingly congested globe). 
3. Resettlement: For some war migrants, resettlement to a third country may be the safest and most viable option. UNHCR advocates for and facilitates resettlement opportunities, ensuring their protection and well-being in their new homes.

Challenges 

Addressing rising displacement: With the increasing number of conflicts worldwide, UNHCR faces the challenge of meeting the ever-growing needs of war migrants. This strains UNHCR’s resources and requires innovative solutions. They advocate for increased international cooperation and funding to effectively respond to these crises. Another challenge is in combatting xenophobia and discrimination. War migrants often face prejudice and discrimination in host countries. UNHCR works to raise awareness and counter negative narratives, promoting tolerance and respect for their rights. 

Finding durable solutions is another challenge. Finding lasting solutions for all war migrants remains a complex challenge. UNHCR continues to push for stronger international commitment to ensure access to safe havens, sustainable local integration, and voluntary repatriation whenever possible. The interpretation and application of refugee law can be contested, particularly in the context of protracted conflicts and emerging displacement patterns. UNHCR works to adapt and clarify legal frameworks to address these challenges.

 Some host countries face significant economic and social burdens due to refugee influx. UNHCR promotes international cooperation and burden-sharing to ensure adequate support for both refugees and hosting communities. The inability of asylum seekers and refugees to submit individual petitions to the UNHCR is one of the organization’s shortcomings. This is true of many international treaties, both universal and regional; those safeguard human rights and establish a control body prior to the conduct of interstate proceedings or proceedings on individual petitions.   

CONCLUSION

In conclusion, the UNHCR plays a critical role in protecting and assisting war migrants through a comprehensive legal framework and diverse services offering them a lifeline during their darkest hours. Through their tireless efforts, they uphold human rights, deliver life-saving aid, and work towards finding durable solutions for these vulnerable individuals. Recognizing the challenges they face, it’s crucial to support UNHCR’s mission and advocate for greater international cooperation to ensure the protection and well-being of all war migrants. However, the organization faces on going challenges in navigating a complex global landscape marked by rising displacement and evolving legal frameworks. Continued international cooperation and support are crucial for UNHCR to effectively fulfil its mandate.

REFERENCES

1. https://www.unhcr.org/sites/default/files/legacy-pdf/44b500902.pdf, “The Protection Induction Programme Handbook”. 
2. https://www.coe.int/en/web/portal/-/council-of-europe-and-unhcr-anyone-fleeing-war-or-persecution-has-the-right-to-seek-safety-and-protection
3. https://www.rcrc-resilience-southeastasia.org/wp-content/uploads/2018/07/The-legal-framework-for-migrants-and-refugees-Dec-2017-V3.pdf . 
4. https://guide-humanitarian-law.org/content/article/3/united-nations-high-commissioner-for-refugees-unhcr/.
5. http://www.refworld.org/docid/583595ff4.html.
6. https://www.refworld.org/pdfid/49f1d3e92.pdf .
7. Stojanović, Bojan, “The Role of the United Nations High Commissioner for Refugees (UNHCR) in the Protection of Refugees and Asylum Seekers.” https://doi.org/10.18485/iipe_ioscw.2022.1.ch17.  
8. Refugee convention 1951
9. Universal declaration of human rights 1948.
10. United nations high commissioner for refugees statute 1950. 
11. Hathaway, J, (2021), The Rights of Refugees under International Law. Cambridge, Cambridge University Press, https://assets.cambridge.org/97805218/34940/frontmatter/9780521834940_frontmatter.pdf
12. Human Rights and humanitarian law, Developments in Indian and international law, ISBN: 978-0-19-569212-9.