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Q. What does UNHCR's protection work involve in relation to the government of the country where I sought asylum?
UNHCR's protection work involves ensuring that the rights of refugees are fully respected, in line with human rights law, international humanitarian law, and refugee law (as outlined in the Refugee Convention). The primary responsibility for protecting refugees lies with host governments. However, when these governments are unable or unwilling to fulfil their obligations, UNHCR steps in to fill this gap, effectively taking on a crucial role as a substitute for the state.
UNHCR does not possess enforcement authority to hold states accountable for their compliance with international refugee law. Therefore, its efforts to establish standards and address issues related to the implementation of these standards are tied to its political and governmental relationships with host and donor states. In simpler terms, the level of protection provided to individuals classified as 'asylum seekers' or 'refugees' depends on UNHCR's moral authority and its willingness to encourage governments to build their own capacity, advocate for lasting solutions, and fulfil their protection obligations.
The process of seeking refuge status is open to everyone and does not require prior evidence. It is UNHCR's responsibility to ensure that requests for refuge are handled fairly and efficiently. This means that individuals should not be expelled or returned to situations where their life and liberty are in danger. Denying protection to people who require international protection can have severe consequences for their lives.
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gap minder
Navigating Power Dynamics and Government Influence
UNHCR's role in refugee protection is inherently tied to both its formal function, i.e., categorizing individuals as refugees and facilitating the attainment of durable solutions, and its symbolic role as an advocate for refugees' rights as per international law. However, without any enforcement authority, the agency’s ability to influence state behavior and practices regarding refugees largely hinges on its political and governmental relationships with host and donor countries. UNHCR operates within a framework where wealthier nations primarily function as donors, contributing to roughly 85% of the organization’s overall annual income, while low- and middle-income countries largely serve as hosts for refugees, accommodating 76% of the global refugee population. This imbalance of responsibility and resources create power dynamics that essentially influence decisions and actions of UNHCR, whether in overseeing the implementation of the refugee law by states or in undertaking direct implementation with state-like responsibilities. This can lead to tensions and potential inconsistencies between the UNHCR's stated principles and its on-the-ground operations.
Questions:
- To what extent do host government's political preferences and the potential risks involved influence UNHCR's protection activities and decision-making process?
- How does this affect UNHCR's consistent adherence to its stated mandate of being a non-political, impartial, and humanitarian entity?
- Is UNHCR willing and able to ensure universal protection for all refugees, regardless of the local political environment?
- How do the spoken and unspoken preferences put forth by the host and donor states affect UNHCR's coverage on specific humanitarian situations in its public facing narrative?
- What is the frequency and context of references to crises from the Global South in UNHCR's public communications?
- Can we develop a quantifiable measure of the tone and emphasis in UNHCR's communications about various crises, especially those in the Global South?
- What is the representation of staff and leadership from the Global South versus the Global North in the UNHCR?
- Are there discernible patterns in the voting on UNHCR Executive Committee decisions that reflect North/South power dynamics?
- Can we identify specific decisions where the interests of countries from the Global North and South have noticeably diverged in the UNHCR's executive committee voting patterns?
- What proportion of UNHCR's funding from the Global North is earmarked for specific crises in the Global South?
- How does the practice of earmarking funds by the Global North donors compare to that of the Global South donors?
- Is there a discernible pattern of UNHCR's underemphasis on certain protection issues in countries that are significant donors to the organization?
- Is there a measurable correlation between the receipt of funds from certain countries and the issues that UNHCR chooses to emphasise or de-emphasise?
