The United Nations High
Commissioner for Refugees
(UNHCR)
Legal and Operational Functions
(1) The purpose, function and
goals of the UNHCR
 “The agency is mandated to lead and co-ordinate
international action to protect refugees and resolve refugee
problems worldwide. Its primary purpose is to safeguard the
rights and well-being of refugees. It strives to ensure that
everyone can exercise the right to seek asylum and find safe
refuge in another State, with the option to return home
voluntarily, integrate locally or to resettle in a third country.
It also has a mandate to help stateless people.” Source: UNHCR Website
 In practice? Defining who is a “refugee”
(2) How can States join and
participate?
UN General Assembly
Economic and Social
Council (ECOSOC)
States
The
UNHCR
Executive
Committee
UNHCR
(2) How can States join and
participate?
 They can apply to join the UNHCR Executive Committee
(ExCom):
1. State makes application for admission to ExCom, usually by
Note Verbale, to the Secretary-General of the UN.
 In the Note Verbale State outlines it’s credentials, notably:
a)
demonstrated interest in and devotion to the solution of refugee
problems
b) widest possible geographic representation
c) membership in the UN or it’s specialised agencies
2. Request passed by the Secretary-General to ECOSOC;
3. The requesting state submits a draft decision to the Secretary of
ECOSOC;
4. ECOSOC refers the matter to the General Assembly, requesting
the Assembly to enlarge the number of ExCom members
5. The requesting state then submits a draft resolution to the
Secretary of the Third Committee of the General Assembly;
6. The General Assembly would then resolve to increase the
number of slots available for membership in ExCom
7. The Assembly then refers the matter back to ECOSOC requesting
it to elect the members to fill the newly created slots;
8. ECOSOC elects the state which has applied for membership to
ExCom
General Assembly Resolution 428 (V) of 14 December 1950,
Statute of the Office of the United Nations High
Commissioner for Refugees
Chapter III
16 . The High Commissioner shall consult the Government of
the countries of residence of refugees as to the need for
appointing representatives therein.
In any country recognizing such need, there may be appointed
a representative approved by the Government of that country.
Subject to the foregoing, the same representative may serve in
more than one country.
Preamble
2. Calls upon Governments to co-operate with the United
Nations High Commissioner for Refugees in the performance of
his functions concerning refugees falling under the
competence of his Office…
(3) The structure of UNHCR –
organs and powers
High Commissioner
Assistant High
Commissioner
(Protection)
International
Protection Services
Assistant High
Commissioner
(Operations)
Operational Services
Deputy High
Commissioner
Regional Bureaux
Financial
& Administrative
Management
Information
Systems &
Telecommunications
Africa
Asia and the Pacific
External Relations
The Americas
Europe
Middle East and North Africa
(MENA)
Human
Resources Management
(4) The establishment of a
secretariat
 General Assembly Resolution 428 (V) of 14 December 1950, Statute of the
Office of the United Nations High Commissioner for Refugees
Chapter III
19. The Office of the High Commissioner shall be located in Geneva, Switzerland.
 The UN refugee agency has a total of more than 6,600 staff working in more
than 110 countries
 Most UNHCR operations are in the field
 The ‘secretariat’ predominantly based in the Geneva headquarters is a series
of divisions which oversee key areas as illustrated in the previous slide.
 UNHCR's core work is based in the field, and managed by regional offices,
branch offices, sub-offices and field offices. The High Commissioner's
representatives head operations in the countries where the agency works,
while there are also a number of regional representatives.
(5) The form of dispute
resolution
 The UNHCR has an internal review mechanism, The Inspector General's Office
(IGO)
 3 mandated functions:
1)
2)
3)
Assess quality of UNHCR's management; use/misuse of resources
investigate allegations of misconduct by anyone working for the UNHCR
conduct inquiries into any violent attacks on UNHCR staff and operations (or other
incidents that could affect the reputation of the organisation)
 IGO investigations are fact-finding (rather than punative)
(5) The form of dispute
resolution
 The findings of the IGO investigation unit can lead to
disciplinary or administrative action, including such
sanctions as dismissal for serious misconduct, demotion,
deferment of within-grade increment, and written censure.
Complaint
Received
Evidence of
misconduct
Evidence of
administrative
or operational
shortcomings
Investigation
Preliminary report to
UNHCR’s Human
Resources and
Management division
for further action
Report sent to the
High Commissioner
or relevant senior
manager, with
recommended
actions
Disciplinary/
administrative action
(6) Type of privileges and
immunities

Subject to internal investigations by the IGO as described on previous slide, staff of the UNHCR
are entitled to the same privileges and Immunities as other UN staff.
Convention on the Privileges and Immunities of the United Nations, 1 U.N.T.S. 15, 13 February 1946:
Section 29
Officials of the United Nations shall be immune from :
(a) …legal process in respect of words spoken or written and all acts performed by them in their official
capacity
(c) …national service obligations
(d) …immigration restrictions and alien registration
(e) Be accorded the same privileges in respect of exchange facilities as are accorded to the officials of
comparable ranks forming part of diplomatic missions to the Government concerned
(b) Be exempt from taxation on the salaries and emoluments paid to them by the United Nations

Waiver of immunity
Section 20
The Secretary-General shall have the right and the duty to waive the immunity of any official in
any case where, in his opinion the immunity would impede the course of justice and can be waived
without prejudice to the interests of the United Nations.
Thank you for your attention!
L.Langberg
M. Mikulska
V. Hunbogadottir
M. McKeighen