The UNHCR and the International Protection Framework
The UNCHR, a subsidiary organ of the UN General Assembly, was created in 1950 under
Article 22 of the United Nations Charter to serve as the guardian of the international
protection framework. While its mandate was initially intended to be short-term, the
General Assembly removed this temporal limitation, deciding that the Office should
continue to exist “until the refugee problem is solved”.326
The UNHCR’s function, set out in its 1950 Statute as well as
in a range of other resolutions of the UN General Assembly,
centers on “providing international protection”.327 Some of
the activities carried out by the High Commissioner to fulfill
this mandate are: promoting the passing of international
conventions for the protection of refugees at a global and
regional level, supervising their application and proposing
amendments thereto, promoting national legislation and
other measures to ensure the proper identification and
appropriate standard and status of asylum seekers and
refugees, ensuring the safety and well-being of refugees
through national authorities, promoting the admission of Palestinian rerfugee from Syria
in Zaatari refugee camp. Jordan,
refugees, and ensuring that the needs of vulnerable groups August 2017 (Source: UNHCR)
(especially women and children) are met.328 Furthermore, one
of the main duties of the UNHCR is to promote durable solutions for the predicaments
of refugees – i.e. voluntary repatriation, local integration or resettlement – according to
the principle of voluntary repatriation (as a free and informed choice made by refugees).329
3.2. General Framework of International Protection
for Refugees
The international protection system established by the Refugee Convention and its 1967
Additional Protocol rests upon the idea that refugees are not just people displaced, but people
without protection – a gap that the international community has the responsibility to fill.
Under the Refugee Convention and its Protocol, a refugee is defined as:
326
UNGA ‘Implementing actions proposed by the United Nations High Commissioner for Refugees to strengthen the
capacity of his office to carry out its mandate’ (2004) GAOR 58th Session Supp No. 49 UN Doc A/RES/58/153.
327
Statute of the Office of the United Nations High Commissioner for Refugees (adopted 14 December 1950) UNGA
Res A/RES/428(V), art 1 [hereinafter UNHCR Statute] <https://www.unhcr.org/4d944e589.pdf> accessed 3
October 2022.
328
Guy Goodwin-Gill and Jane McAdam, The Refugee in International Law (Oxford University Press 2007), 426 [hereinafter
Goodwin-Gill and McAdam, Refugee in International Law].
329
UNHCR Statute (n 327), art 1; UNHCR, ‘Policy Framework and Implementation Strategy: UNHCR’s Role in
Support of the Return and Reintegration of Displaced Populations’ (2008) <https://www.unhcr.org/partners/
guides/4c2203309/policy-framework-implementation-strategy-unhcrs-role-support-return-reintegration.html>
accessed 3 October 2022.
72
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