While not legally binding per se, the Guiding Principles on Internal Displacement “reflect
and are consistent with international human rights and humanitarian law and analogous
refugee law,”390 and address the protection needed by IDPs, during and after the displacement,
including phases of return, resettlement, and reintegration.
3.4.1. UNHCR and the Protection of IDPs
Although the UNHCR Statute confers upon the High Commissioner the authority to
protect refugees as defined in terms similar (but not identical) to the Refugee Convention
and its Protocol, the competence of the UNHCR has been expanded through General
Assembly resolutions and, to some extent, by the UN Economic and Social Council
(ECOSOC),391 to protect other groups not covered by the Refugee Convention. As a result,
the mandate of the UNHCR now covers Refugee Convention refugees, refugees as defined
in the Organisation of African Unity Convention and the Cartagena Declaration, returnees,
and stateless persons.
Nevertheless, the UNHCR is still not explicitly mandated to provide protection to IDPs.
Its mandate has instead been expanded on an ad hoc basis under Article 9 of the UNHCR
Statute, which authorizes the High Commissioner to “engage in such activities […] as
the General Assembly may determine, within the limits of the resources placed at its
disposal”.392 Since the early 1970s, the UNHCR has periodically assisted IDPs.393 For
example, it engages in protection activities when such involvement might contribute to
the search for a solution to a refugee problem, when a direct link is present between
refugees and IDPs,394 or upon the request of the UN General Assembly or Security
Council.395 However, in order to address the concerns of some states regarding fears of
interference with national sovereignty, the engagement of the UNHCR first requires a
390
Ibid., v-vi, 1.
The General Assembly has the power to further develop the functions and activities of the High Commissioner as per
para 9 of the UNCHR Statute. In addition, para 3 of the Statute stipulates that the High Commissioner is required to
“follow policy directives given him by the General Assembly or the ECOSOC”. See UNHCR, ‘Note on the Mandate
of the High Commissioner for Refugees and his Office’ (2013) <https://www.refworld.org/docid/5268c9474.html>
accessed 3 October 2022. Note also that the functions of the UNHCR may also be expanded upon through “good
offices” arrangements and “at the invitation of the Secretary-General”. See UNGA, ‘Report of the United Nations
High Commissioner for Refugees’ (1972) GAOR 27th Session Supp No 30 UN Doc A/RES/2956 (XXVII), para 2
<http://www.unhcr.org/3ae69ee420.html> accessed 3 October 2022.
392
UNHCR Statute (n 327), art 9.
393
UNGA, Assistance to Sudanese refugees returning from abroad (12 December 1972) UNGA Res 2958 (XXVII)
<http://www.unhcr.org/afr/excom/bgares/3ae69ef28/assistance-sudanese-refugees-returning-abroad.html>
accessed 3 October 2022, wherein the General Assembly commended UNHCR for its efficient role in the coordination
of relief and resettlement operations of refugees “and other displaced persons”.
394
Phuong (n 388), 85.
395
UNHCR EXCOM, ‘Internally Displaced Persons: The Role of the UNHCR’ (20 July 2000) UN Doc EC/50/SC/
INF.2 <https://www.unhcr.org/excom/EXCOM/3ae68d150.pdf> accessed 3 October 2022. For a description
of these operations, see UNHCR, UNHCR’s Operational Experience with Internally Displaced Persons (UNHCR 1994),
3-15
<https://www.unhcr.org/en-us/publications/legal/3d4f95964/unhcrs-operational-experience-internallydisplaced-persons.html>; UNHCR, ‘Protecting Refugees and the Role of UNHCR 2007 -2008’ (2008), 20 <https://
digitallibrary.un.org/record/633514?ln=en> accessed 3 October 2022.
391
86
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents