United Nations Office of the High Commissioner for Refugees

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1 United Nations Office of the High Commissioner for Refugees Background Guide The United Nations Office of the High Commissioner for Refugees (UNHCR) was established on December 14, 1950 by the United Nations General Assembly. Under the mandate to lead and co-ordinate international action to protect refugees and resolve refugee problems worldwide, UNHCR s primary purpose today is to safeguard the rights and wellbeing of refugees throughout the world. Striving to ensure that all can exercise the right to seek asylum in another country and are protected against persecution of all kinds, the agency oversees a vast network of camps and coordinates with governments and organizations at the global and national levels. I: The Rights of Refugees in International Waters According to Amnesty International, a refugee is defined as a person who has fled their own country because they have suffered human rights abuses or because of who they are or what they believe in. Their own government cannot or will not protect them and so they are forced to seek international protection. 1 As conflict and natural disasters continue to grow in frequency, size, and impact, the number of individuals seeking refuge abroad has increased rapidly. His has been particularly evident with the flow of migrants into Europe from North Africa and the Middle East. In the first half of 2015, approximately 137,000 migrants arrived in Europe by sea 2. A third of the seafarers that arrived in Greece or Italy were Syrian, followed closely by Afghanis and Eritreans. 3 These numbers are growing, causing an unprecedented migrant crisis in Europe. Many of these refugees, however, never make it to Europe, as unseaworthy boats frequently capsize and sink while crossing the Mediterranean Sea. 4 Of the people accounted for, at least 2,000 have died in the crossing to Europe between January and August of this year with the number of asylum seekers in the EU expected to exceed 800,000 by the end of this year 5. While there are plenty of institutions, treaties and conventions that outline the processes involved with accepting and caring for refugees and asylum seekers, the sudden influx of refugees across the globe has left many states, particularly in Europe overwhelmed and unable to cope with the vast and growing numbers of asylum seekers coming to their 1 Amnesty International, People on the Move, Amnesty International, Alastair Jamieson, Europe s Migrant Crisis, NBC News, The UN Refugee Agency, Mediterranean Crisis, UNHCR, Amnesty International, People on the Move, Amnesty International, Laurence Peter, Why is EU struggling with Migrants and Asylum?, BBC, 19 August,

2 shores. Many have argued that the existing regime is outdated and ineffective at dealing with the surge of migrants that Europe has seen over the last few years. According to the 1951 Convention on Refugees, states are prohibited from returning refugees to their country of origin if there is reasonable fear of persecution or death. 6 The rights of refugees are also touched upon in the 1982 United Nations Convention on the Law of the Sea (UNCLOS) which states that it is the obligation of all countries to rescue distressed people at sea. 7 Additionally, governments which preside over the regions where migrants are rescued are to be responsible for the provision of safety and the needs of the migrants. 8 This has become a significant challenge for the nations of Europe, in particular Italy and Greece, which have found themselves unable to cope with the increasing numbers of migrants. There are, however, discrepancies between international law and the laws of specific nations. Many non-eu member nations throughout the Mediterranean region, for example, punish individuals that either exit or enter their countries without documentation with severe fines, imprisonment, or even deportation back to their countries of origin where the punishments could sometimes even mean death. 9 Additionally, those who assist or even provide shelter to undocumented refugees and migrants may also face strict punishments. 10 This is particularly true in Tunisia and Algeria. 11 Not only does this impede on the fundamental rights to leave one s country and to seek asylum elsewhere, but also highlights the challenges faced by this growing and unmanageable influx in refugees across the region. Furthermore, many countries restrict entry by intercepting migrants at sea that have crossed into their country s waters. 12 Essentially, this prevents migrants from entering the state, thereby violating both the 1951 UN Refugee convention and the UN Convention on the Law of the Sea. All in all, rights of refugees in international waters are protected by international law but have been violated many times, especially with the onslaught of refugees coming from conflict zones in the Mediterranean. Questions to consider: What principles exist under international law to on the treatment of refugees in international waters? What are the root causes of the increased migration of refugees around the Mediterranean Sea? What can the international community do to assist countries dealing with the influx of refugees? How can the refugee regime be adapted to meet the needs of the current global refugee crisis? 6 Amnesty International, People on the Move, Amnesty International, Watch The Med, Rights at Sea, Watch the Med, Watch The Med, Rights at Sea, Watch the Med, Ibid. 10 Ibid. 11 Ibid. 12 Ibid. 2

3 II: Improving the Human Rights of Internally Displaced Persons Much like refugees, internally displaced persons, or IDPs, are individuals who have been forced to flee their homes due to war, natural disasters, violence, or other human rights violations; 13 however, unlike refugees, IDPs have not crossed an international border and therefore fall under the auspicious of their home governments, often leaving them out of reach from UNHCR, other refugee agencies, and the international community as a whole. Because of their circumstances, IDPs are among the most vulnerable for violence, human rights violations and even human trafficking. 14 Across the globe, the spread of armed conflict and the increased occurrence of natural disasters have led to a steep rise in the number of refugees and IDPs. According to the United Nations, the largest IDP populations are in South Sudan, Colombia, and Iraq while significant growth is arising in Syria, Yemen, and Libya. 15 As of 2014, it has been estimated that there are 38 million IDPs, compared to 26.4 million in 2011; a number that has likely grown with continued and increasing conflict around the globe. 16 As recent events have shown, internally displaced persons are at a much higher risk of physical or sexual assault and abduction, 17 and are often violated of their most basic human rights including their rights to shelter, water, and food. 18 Forced to flee their homes by armed conflict, persecution, famine, or other natural or human caused disasters, these populations tend to suffer higher mortality rates than those who have crossed borders into safe havens administered or accessed by UNHCR or other agencies. Remaining under the auspicious of the country within which they reside and outside of the protection granted to them by the international community, these people often remain trapped in the crossfire of areas of violence and conflict and may be used by belligerents as human shields or pawns. 19 While there is significant institutional and international attention paid to refugees, because IDPs remain within their country of origin, they are at high risk for continued human rights violations, accentuating the need for the international community to address their plight. The rights of IDPs are equivalent to all others across the globe, including the right to medicine, food, water and shelter as well as education, the right to protection against violence or abuse, political rights, and the right to freedom of movement. 20 Despite having these rights 13 United Nations Office of the High Commissioner of Human Rights, Questions and Answers about IDPs, 14 United Nations Refugee Agency, On the Run in their Own Land. 15 Ibid. 16 Internal Displacement Monitoring Centre, Global Figures, IDMC, United Nations Office of the High Commissioner of Human Rights, Questions and Answers about IDPs, 18 Ibid. 19 United Nations Office of the High Commissioner of Human Rights, Questions and Answers about IDPs, 20 Ibid. 3

4 on paper and in principle, the reality of their situation is often much more grim. Due to state sovereignty, it is the responsibility of the state where IDPs reside to ensure that IDPs are granted of their most basic human rights. 21 This, however, is often far from reality as these same states are frequently among the most egregious violators of these very rights. Nowhere else is this more apparent than in Syria through the continued fight between government forces, the Islamic State, and the Al Nusra Front. Over the past few years, Syria has experienced a massive IDP crisis, unprecedented in the country s history. Since the start of political demonstrations and the ongoing Civil War, many people have been forced to flee their homes, often by the Syrian government or by belligerents and Islamic State (ISIS) militants. While it has been very difficult for authorities to receive a proper confirmation of the number of internally displaced persons, according the Internal Displacement Monitoring Center, it is estimated that approximately 7,600,000, nearly a third of the entire population, have been displaced within the country due to continued and spreading conflict. 22 This has been particularly relevant to minorities like Christians and Alawites who have been forced to flee from ISIS and Al Nusra, as Islamic fundamentalist networks tend to target them for persecution and scapegoating. 23 With the escalation of this armed conflict, IDPs have sought safety from kidnappings, execution, rape, and torture perpetrated against them by terrorist networks and belligerents. 24 Additionally, civilians have also been forced to flee from the Syrian government, due to attacks such as the use of barrel bombs in civilian areas; the same government that is responsible for protecting the very rights and dignities that it has denied them. 25 While Syria is but one particularly troublesome example of the plight and challenges faced by internally displaced persons, it highlights many of the issues that the international community faces in protecting the rights of these most vulnerable populations. International humanitarian law has not been complied with in this crisis. In Syria and many other areas of concern for IDPs, the government has deliberately targeted civilians and has restricted their right to freedom of movement, due to border restrictions and checkpoints. 26 Governments also often restrict the reach of humanitarian relief agencies and may even prevent the delivery of aid. 27 The crisis in Syria, along with many others around the world have allowed for millions of IDPs to go without the most basic human rights called for by international humanitarian law, making it one of the most important and challenging issues of our time. 21 United Nations Office of the High Commissioner of Human Rights, Questions and Answers about IDPs, 22 Internal Displacement Monitoring Centre, Syria: Forsaken IDPs adrift inside a Fragmenting State, idmc, Ibid. 24 Ibid. 25 Ibid. 26 Ibid. 27 Ibid. 4

5 Questions to consider: How can the international community protect the rights and lives of individuals within states that do not permit them to work? What are the underlining principles in international law regarding internally displaced persons? How can the current refugee and conflict response system be altered to accommodate the needs of IDPs? 5