Introduction: Purposes and Principles

1.         UNHCR's primary purpose is to protect the safety and welfare of people who have been uprooted or threatened by persecution, armed conflict and human rights violations. In its efforts to fulfill that objective, the organization seeks lasting solutions to the plight of refugees and other displaced people, primarily by means of voluntary repatriation and reintegration, and strives to mitigate the problems confronting those countries and communities affected by forced population displacements. By supporting national and international initiatives to ameliorate conditions in countries of origin, thereby enhancing the security of people who might feel compelled to seek safety elsewhere, UNHCR is increasingly engaged in the effort to avert refugee movements and other forced displacements.

2.         By means of all these activities, UNHCR endeavours to promote the principles of the UN Charter: maintaining international peace and security; developing friendly relations among nations; achieving cooperation in solving international problems; and encouraging respect for human rights and fundamental freedoms, without distinction as to race, sex, language or religion. UNHCR's ability to protect refugees, to find solutions to their problems and to engage in effective preventive activities is in turn dependent upon the willingness of States and other actors to respect and realize these principles.

The Changing International Environment

3.         UNHCR's objective -- upholding the human rights of people who actually or potentially lack national protection, and whose right to remain safely in their homes has therefore been threatened -- has remained constant since the organization was established in 1951. But the international environment confronting UNHCR has changed significantly, particularly in the past five or six years.

4.         Rarely in modern history has the issue of forced displacement been of such a scale and significance. In recent years, UNHCR has been involved in a succession of mass repatriation programmes and large-scale emergency operations. As a result, the organization's budget, staffing levels, international presence and relief activities have all expanded at an unprecedented rate, as have the number of people of concern to the organization.

5.         The nature of UNHCR's work has also undergone a significant transformation in many parts of the world. In previous years, the organization's programmes were concentrated in the relatively stable environment provided by countries of asylum. Since the late 1980s, however, a growing proportion of UNHCR's activities has taken place within countries of origin, both in zones of active conflict, and in the context of multidimensional peacekeeping, peacebuilding and conflict resolution operations.

6.         In recent years, UNHCR has also been asked to initiate a number of regional consultations, leading to the formulation and implementation of comprehensive plans of action to address existing and potential population displacements. The CPA in South-East Asia, CIREFCA in Central America and the recent CIS conference provide examples of such efforts. In these and other regions of the world, UNHCR has been called upon to extend its services not only to refugees, but also to other groups of people in need of international protection: returnees, the internally displaced, war-affected populations, the victims of mass expulsions, stateless persons and, in certain instances, rejected asylum seekers.

7.         UNHCR's operational environment threatens to become increasingly difficult in the years to come. Many of the organization's most recent large-scale repatriation programmes were linked to the settlement of conflicts that were rooted in the Cold War era. Now, however, the organization is confronted with a number of refugee problems - in Afghanistan, Liberia, Rwanda and the Caucasus, for example - to which there is no comprehensive solution in sight.

8.         Some commentators have suggested that the recent period of turmoil in international affairs could be drawing to a close. It would be naive, however, to ignore the number of intra-state conflicts which are still taking place around the world, the high potential for violence which exists in several regions, as well as the longer-term dangers which are to be found in the international environment. These include, for example, the widening gap between rich and poor, the growing competition for scarce resources, and the decline in official development assistance to the world's least developed countries. Increasing intolerance, xenophobia and ethno-nationalism can be found in many societies, creating a climate which is both conducive to civil conflict and the forced displacement of minority groups, and hostile to the admission of refugees.

International Responses to the Problem of Forced Displacement

9.         The international community's recent efforts to address the problem of forced displacement have been characterized by some contradictory trends. On one hand, States have been prompted for reasons of national and regional security to tackle the problem of human displacement in a more preventive manner, addressing the conditions which force people to abandon their homes. Established notions of security and sovereignty are being reconsidered, placing humanitarian issues higher on the international agenda and creating new opportunities for multilateral. At the rhetorical level at least, States are acknowledging the issues such as the maintenance action. need for an integrated approach to global or restoration of peace, the protection of human rights, the promotion of sustainable development as well as the management and resolution of forced displacements and migratory movements.

10.       There is, however, another and less positive side to the coin. While the resources available to UNHCR and other humanitarian organizations have grown substantially in the past few years, some crises have attracted far greater international attention than others. In a number of situations, humanitarian aid has not only been used as a substitute for decisive multilateral action, but has also been used - or obstructed - by the conflicting parties to further their political and military objectives.

11.       Many States are increasingly reluctant to provide refuge to the victims of persecution and human rights violations. In recent years, a number of governments have taken steps to exclude asylum seekers from their territory, to contain displaced populations within the borders of their own country, and to ensure the rapid -- and in some cases involuntary - return of refugees. The institution of asylum has been challenged, in some instances by those countries which have traditionally provided UNHCR with its most active support. With the virtual disappearance of colonialism and the decline of communism, the ideological underpinning of asylum has been eroded in many parts of the world. Population displacements are more than ever perceived as a threat to economic, social and environmental stability, as well as political security.

12.       As a result of these developments, it has been difficult to develop coherent approaches to the problem of human displacement in the 1990s. Innovative measures have been introduced, such as, for example, the intervention of UN-mandated forces and creation of 'safe areas' in conflict-affected countries, the use of UN-mandated forces to protect the delivery of emergency relief, and the deployment of field-based human rights monitors. But such initiatives have been largely experimental in nature, hastily formulated to meet urgent and unexpected needs. Unsurprisingly, some have proved more effective than others.

13.       As a result of the difficulties experienced in countries such as Liberia, Rwanda, Somalia and former Yugoslavia, the international community has developed a more realistic appreciation of the constraints on multilateral action. These include, for example: the unpredictability of governments and regional bodies in their willingness to prevent and resolve armed conflicts; a lack of consensus amongst States concerning the protection of civilians and maintenance of human, rights in war-affected countries; and the limited capacity of international organizations in relation to the responsibilities they have been asked to assume.

14.       The international environment described above has confronted UNHCR with a number of important and related challenges. First, the organization's efforts to move beyond reactive and exile-oriented approaches to the problem of forced displacement must, in each situation, be combined with an effort to uphold humanitarian, human rights and refugee protection principles.

15.       Second, while safeguarding the strictly humanitarian and non-partisan nature of its mandate, UNHCR may have to play a more active role in the political arena, encouraging States and non-state actors to acknowledge their responsibility for the causes and consequences of forced population movements and the protection of displaced people.

16.       Third, while expanding its range of interests and activities to meet the needs of the contemporary world, UNHCR must demonstrate a degree of caution in defining its objectives and priorities. The organization's very broad involvement with internally displaced and war-affected populations in areas of active conflict, for example, should be regarded more as an exceptional occurrence and less as a blueprint for future operations. While UNHCR has certainly assumed some of the characteristics of a broader humanitarian agency, refugees will remain its central concern.

Protecting Refugee Rights

17.        Refugee protection is the primary concern of all UNHCR activities. Indeed, it is UNHCR's mandate to safeguard the human rights of individuals who lack national protection which gives the organization its distinctive character in relation to States, other elements of the UN system and its operational partners.

18.       Unfortunately, the international climate is not particularly conducive to the fulfillment of this task. Recent changes in the global balance of power mean that many refugees have lost the strategic and political value they once had. Many host and donor countries are tired of bearing the costs which refugees appear to impose on them. In some situations, States are not able or willing to provide adequate protection to the refugees on their territory. Ironically, the process of democratization has in some parts of the world led to the introduction of more restrictive asylum policies.

19.       Unless the task of protection is seen in the broader context of efforts to resolve existing refugee situations and to avert new population displacements, there is a real risk that refugee protection standards will continue to decline. The effort to stem and reverse this trend seems unlikely to be assisted by any attempt to revise the 1951 UN Refugee Convention.

20.       UNHCR's ability to maintain the principles of refugee protection seems likely to be tested by a number of specific issues in the years to come. First, the organization must encourage States to uphold the basic principles of international refugee law by providing protection to people who have fled from persecution and human rights violations in the context of civil war, the disintegration of States and the activities of non-state agents. While many of UNHCR's efforts will be focused on large-scale population displacements, individual refugees and asylum seekers must benefit from the attention they deserve.

21.       Second, initiatives must be taken to reinforce the reception and protection capacity of countries affected by large-scale influxes. Particular efforts need to be pursued to shape asylum law and practice in regions with individual determination procedures. A major challenge will be to ensure that refugee protection principles are respected and institutionalized in the many countries dealing with large flows of asylum seekers for the first time. It is also of critical importance to reaffirm the principle that the granting of asylum is a purely humanitarian and non-political act, as well as the principle that refugee camps must be civilian in character.

22.       Third, UNHCR must assess the extent to which protection can be strengthened and extended to all those who need it by means of constructive new approaches. This applies in particular to persons fleeing from conflict situations. The organization must continue to encourage the formulation of complementary arrangements such as 'temporary protection' and 'humanitarian status' with States and other actors, ensuring that they are consistent with humanitarian and human rights standards.

23.       Fourth, UNHCR must find appropriate ways of disengaging from longstanding situations in which the need for international protection has ceased to exist. While resisting pressures for the premature repatriation of refugee populations, the organization must demonstrate that it does not have a vested interest in the unnecessary prolongation of asylum situations and its own assistance programmes. In this regard, a more systematic approach to the application of the Cessation Clauses could prove to be of particular value.

24.       Renewed efforts must also be made to resolve the plight of refugees in situations where repatriation is ruled out by the continued existence of unsafe conditions in the country of origin. In situations where it is necessary and feasible, the solution of local integration should be actively pursued.

Guidelines for Action

UNHCR's will continue to uphold protection principles and standards, and to this end win encourage States to respect the basic principles of international refugee law and to provide protection to those who need it. Particular attention will be given to:

-           shaping asylum law and practice, and encouraging positive efforts towards harmonization, in regions with established determination procedures;

-           promoting and supporting the institutionalization of refugee protection principles in regions dealing with significant flows of asylum seekers for the first time.

UNHCR's efforts to uphold refugee protection principles will increasingly be supported by initiatives to resolve existing refugee situations and to avert new population displacements.

UNHCR will continue its effort to formulate complementary protection measures, such as temporary protection and other approaches to the granting of asylum.

The Changing Nature of Repatriation

25.        UNHCR's role in the repatriation of refugees requires further examination. One of the greatest challenges facing UNHCR at present, and one which is likely to grow in the years ahead, concerns the organization's involvement in situations where refugees are returning to their own country because of external pressures or an absence of realistic alternatives. In some instances, return to a less than ideal environment may actually be preferable to remaining in more difficult or dangerous conditions in the country of asylum.

26.       In circumstances where refugees are not forcibly deported but are nevertheless going home under duress, UNHCR should clearly avoid the use of the phrase 'voluntary repatriation'. When confronted with such situations, moreover, the organization's primary focus must be on the safety and security of returnees in their country of origin.

27.       In practical terms, this means ensuring that the authorities of such States are willing to accept refugees who are returning under duress. It means ensuring that the returnees are treated in accordance with human rights standards, and not subjected to any kind of persecution or discrimination. It means ensuring that UNHCR and the returnees have free and unhindered access to each other. And it means ensuring that the returnees are able to survive, to meet their basic needs and to become self-reliant members of their own society. It may even be in the best interests of refugees to return to a country where such standards are broadly met, particularly in instances where there are indications that maintaining refugees in exile serves political purposes that do not contribute to the longer-term goals of promoting. human security and protecting the victims of persecution and conflict.

28.       This is not to suggest that imposed return should simply be accepted as a fait accompli by UNHCR. Indeed, there are a number of actions which can be taken in countries of asylum to safeguard the welfare of people who are under pressure to go back to their own country. These include, for example, insisting upon full access to the refugee population; providing refugees with impartial information on conditions in their country or area of origin; outlining clearly to the responsible authorities the principles of international protection and voluntary repatriation; and insisting on the right to continued asylum for as many of the most vulnerable refugees as possible.

29.       In situations where UNHCR does not consider return to be a viable option for clear lack of safety - unless, as has been the case in Somalia and Afghanistan, where certain areas offer acceptable conditions - the organization must maintain an independent role in respect to imposed returns. UNHCR should not, for example, actively promote or encourage return by means of information campaigns or become involved in registration procedures.

30.       UNHCR should not assume responsibility for coordinating the return of refugees in such circumstances, nor should it take any action which may encourage other parties to perceive the organization in that way. The organization should report, intervene and, if necessary, mobilize political support and international opinion against return to unsafe conditions.

31.       UNHCR must endeavour to protect and assist refugees, whether or not States uphold the basic principles of international refugee law. Even where return has occurred without the normal safeguards, including situations of refoulement, UNHCR has a direct interest in the consequences of return and a corresponding responsibility to facilitate the safe reception and reintegration of returnees in their country of origin. In general, UNHCR should seek access and work towards an operational involvement in such situations for monitoring purposes, unless by doing so the organization seems likely to induce or condone further refoulement and the abrogation of state responsibility.

Guidelines for Action

UNHCR will strengthen its efforts to promote the resolution of refugee situations by means of voluntary repatriation and sustainable reintegration.

UNHCR will endeavour to ensure that acceptable standards of safety and welfare exist in situations where return movements take place under duress or in less than optimal circumstances.

UNHCR will not promote or encourage return to countries where acceptable standards cannot be met and will pronounce itself against any measures prompting a return to unsafe conditions.

As an extension of its protection responsibilities, UNHCR will take an active interest in the consequences of return, whatever the circumstances of the repatriation movement.

UNHCR's Role in Countries of Origin

32.        UNHCR has traditionally exercised its protection mandate in relation to people who have been obliged to leave their homeland and seek asylum elsewhere. In recent years, however, these efforts have been complemented by a growing range of activities intended to strengthen the security of people living within their own country.

33.       The purposes of such initiatives are threefold: to promote the voluntary return and successful reintegration of uprooted populations; to assist and contribute to the protection of internally displaced persons; and to avert the onset of conditions which might force people to flee and seek safety elsewhere. There is often a link between the resolution of existing refugee problems and the prevention of new population displacement. This latter task is not, of course, the responsibility of UNHCR alone. As the UN Secretary-General has observed, "the principal duty of the United Nations is to devise and apply an integrated approach to human security in all its aspects."

34.       UNHCR's protection role in countries of origin is by no means new, as demonstrated by the organization's long-standing involvement in negotiating and monitoring amnesties for returning refugees. Nevertheless, the recent expansion of UNHCR's efforts to support national protection capacities has raised a number of issues which the organization must address, and where policy guidelines are required.

35.       UNHCR's efforts in this area might focus on a number of specific areas. The first of these concerns, the notion of state responsibility towards its citizens and, indeed, the responsibility of non-state actors. There is now a growing recognition that governments have an obligation to respect human rights, to eradicate the causes of flight and to facilitate the return and reintegration of uprooted populations.

36.       There is also a growing recognition that state sovereignty entails responsibilities, chief amongst which is the responsibility of the state to protect its citizens and that sovereignty can no longer be invoked against international scrutiny. In this respect, the trend that has developed since 1991 - with the adoption of Security Council resolution 688 on Iraq - of establishing a direct causal link between the causes of mass human rights violations, consequent forced displacements and the threat to international or regional peace and security is a welcome development.

37.       UNHCR must make full use of such a belated recognition of this link and place humanitarian problems squarely against their broader political background, without in any way compromising the humanitarian and non-partisan essence of its mandate. Only then can refugee-producing countries be drawn into a framework of international cooperation and be helped to establish the conditions which will allow civilian populations to return to or remain safely in their homes.

38.       In certain instances and especially when state authority is weak, has collapsed or is only gradually reasserting itself, an international presence in the form of peacekeeping forces, humanitarian organizations and human rights monitors can create a situation of shared responsibility towards civilian populations. By placing itself in such a situation, the international community (and in particular the political organs of the UN system) must assume the consequences of its involvement and its share of responsibility in ensuring the safety and well-being of civilian populations. In this context, UNHCR will continue to recognize the special role played by the ICRC, both as an operational agency and as the guardian of international humanitarian law.

39.       The growing focus on countries of origin naturally gives rise to the question of internally displaced populations. UNHCR has a limited and selective mandate to protect and assist such people when requested to do so by the appropriate UN organ, when the concerned State or authority provides consent, and when resources are provided by the international community. While UNHCR must retain a degree of flexibility in this area, given the many different circumstances under which internal displacement occurs, the organization must also strive to develop a more consistent approach towards its involvement with such populations.

40.       Two particular situations of internal displacement could entail the involvement of the Office. First, UNHCR involvement could be appropriate where there is a clear link with activities undertaken in fulfillment of the organization's mandate, i.e. IDPs are mixed with returnee populations or are to be found in potential areas of return. Second, there are situations of internal displacement where there may be no link with mandated activities, but where UNHCR may nonetheless become involved in order to attenuate the causes of displacement and to contribute to conflict resolution through humanitarian action. Irrespective of whether there is a link with mandated activities, UNHCR's activities on behalf of the internally displaced must always support the pursuit of protection and solutions. These criteria for UNHCR's involvement with IDPs could also serve as a useful guide to the agency's involvement with war-affected civilians in the context of post-conflict return, particularly where such civilians are mixed with refugee and internally displaced returnee populations and where they play a critical , role in ensuring the sustainability of return through reconciliation.

41.       The design of more effective ways of providing security to civilians in situations of conflict against gross and systematic violations of human rights and international humanitarian law should be a priority for the international community. In this context, the concept of 'safe areas' or 'safety zones', established with the consent of the parties or under Chapter VII of the UN Charter, as well as other forms of in-country protection, need to be further examined.

42.       It is likely that the role and scope of UNHCR's activities in countries of origin will continue to develop as international efforts are increasingly focused on ameliorating refugee-producing conditions and promoting the necessary conditions conducive to early, lasting and safe return. This can - and should - be supported by UNHCR, so long as the organization upholds the fundamental human right of all individuals to seek asylum when they are obliged to escape from situations of persecution and danger.

43.       There are, of course, some risks associated with UNHCR's evolving role in countries of origin. There will be growing pressures on the organization to give priority to the interests of States, rather than the humanitarian and human rights interests of the organization's beneficiaries. Responding properly to these pressures requires clear adherence to an agreed framework of guiding principles. One of the primary challenges now confronting UNHCR is to establish a framework of principles which is both consistent with the organization's mandate and relevant to the needs of the 21st century.

Guidelines for Action

In partnership with other actors, UNHCR will reinforce its role in countries of origin in order to help create conditions that are conducive to voluntary repatriation and the prevention of forced displacements.

Within countries of origin, UNHCR will give particular emphasis to developing and supporting national protection capacities.

UNHCR will continue to maintain a flexible approach towards its involvement in situations of internal displacement, while also striving for a greater degree of consistency in this area.

UNHCR's involvement with internally displaced people must always support the pursuit of protection and solutions.

UNHCR's criteria for involvement with internally displaced persons will be used to provide guidance with respect to the organization's role in situations of post-conflict return and in relation to war-affected civilian populations.

Prevention Through Comprehensive Regional Initiatives

44.        Humanitarian organizations, including UNHCR, have by their nature tended to focus more on the effects of problems than on their causes. Often they have found themselves contributing belatedly to political initiatives which themselves have been slow in materializing, and have had to tackle the severe humanitarian consequences of this essentially reactive approach. A preventive approach which seeks to address the causes of forced displacement is evidently a more logical and humane way to proceed and a better use of resources.

45.       A developing approach in this area merits further systematic exploration. It consists of seeking to devise an integrated regional strategy to address existing problems of forced displacement and to prevent potential population movements. UNHCR, in partnership with other institutions, can provide a forum for the countries of a region to discuss refugee and migration-related issues in as impartial a way as possible.

46.       The first step in such an approach is to make an inventory of the types of population displacement in a given region or sub-region and to assess the causes of these movements. On the basis of this analysis, the States in a region, in tandem with other interested parties, work together to elaborate a strategy to resolve, manage, contain and avert population movements.

47.       The recent regional conference on migration and population displacement in the countries of the Commonwealth of Independent States and relevant neighbouring states provides a model for this new approach. Prepared jointly with IOM and the OSCE, the CIS conference was broader in its assumptions, objectives and coverage of population movements than CIREFCA, ICARA or the CPA. It has involved all countries of the CIS, a wide range of interested States and intergovernmental organizations as well as non-governmental organizations and other independent actors.

48.       The CIS Conference has provided a framework for action in the region, for implementation by the CIS States themselves, with, where possible and appropriate, the support of the international community. UNHCR has played a leading role in this initiative and hopes, in this way, to sharpen its edge in developing solutions-oriented and preventive strategies. It is essential in this regard that such regional approaches not be confined to the achievement of broad and formal agreements, but that they also include clearly defined implementation and follow-up mechanisms, including a balanced assignment of responsibilities. UNHCR can play an important part in steering such processes to a successful conclusion and achieving the political consensus required for solutions to be found.

Guidelines for Action

UNHCR will increasingly promote comprehensive regional initiatives to address both the causes and consequences of refugee flows and other population movements.

In promoting such regional initiatives, UNHCR will give particular emphasis to the formulation of concrete implementation measures.

Meeting Human Needs

49.        While the management of large-scale relief programmes was not envisaged by UNHCR's Statute, the provision of assistance has come to play an important role in the organization's efforts to fulfill its mission. Food, shelter, health care and other forms of assistance are essential to the survival and safety of displaced populations, and constitute a vital form of human rights protection in their own right, especially in situations where civilian populations are subject to deliberate deprivation - including starvation - by the parties to a conflict.

50.       The provision of assistance reinforces UNHCR's protection activities, both in countries of asylum and in countries of origin. In many situations, humanitarian relief and the international presence it requires is also the most tangible expression of the organization's efforts to protect refugees, avert and resolve refugee situations.

51.       Assistance alone evidently cannot provide effective protection to threatened populations or ensure the successful reintegration of displaced people. But a humanitarian presence can often serve as an important witness to and, where possible, prevent and mitigate persecution and human rights violations.

52.       As UNHCR considers its future direction and activities, a variety of different assistance-related issues will require particular attention. There is a need to redress the inequities which have developed in the regional distribution of aid. Further efforts are required to reinforce the organization's emergency preparedness and response capacity, in the knowledge that an early UNHCR presence is essential to effective protection. The organization must also make every effort to put its expertise and resources at the disposal of other agencies by means of improved coordination mechanisms and inter-agency agreements. At the same time, UNHCRshould pursue a more vigorous approach to the development of local governmental and non-governmental capacities in areas affected by refugee influxes and forced population displacements.

53.       Additional attention must be given to the implementation of the people-oriented planning approach to needs assessment and programme design, and to addressing the special situation and protection needs of refugee women, children and adolescents. In this regard, the issues of equal rights, sexual violence, abandonment or involuntary separation, political or religious indoctrination and military recruitment are of particular concern.

54.       In addressing gender-related issues, particular emphasis must be placed on implementing the relevant recommendations of the Beijing Global Conference on Women. The needs of the aged and handicapped also require greater attention, especially after the emergency phase is over. There should be a renewed focus on refugee participation, both as a means of maintaining and restoring the dignity of refugees and in order to construct a sense of community amongst beneficiary populations.

55.       Much more remains to be done in minimizing and mitigating the environmental and developmental impact of refugee influxes - a function which has a major role to play in defending the institution of asylum and supporting UNHCR's protection activities. UNHCR's new environmental policy places environmental measures firmly within the core programme. Mechanisms should be established to trigger the implementation of environmental protection and rehabilitation projects of the type undertaken by UNHCR and the World Bank in Pakistan.

Guidelines for Action

In the pursuit of its assistance activities, UNHCR will serve as a witness to persecution and human rights violations and will seek to avert or mitigate such abuses.

UNHCR will reinforce its emergency response capacity so as to ensure an effective protection presence.

In its assistance activities, UNHCR will give priority attention to the special needs of refugee women, children and adolescents, the aged and the disabled. ,

UNHCR will strengthen its efforts to enable refugees and other beneficiaries to participate in the design, implementation and evaluation of its assistance programmes.

In partnership with other actors, UNHCR will take additional measures to mitigate the environmental and developmental impact of refugee influxes.

Post-Conflict Return and Reconstruction

56.        UNHCR's solutions-oriented strategy, with its strong emphasis on the return and reintegration of displaced populations in their country of origin, also raises the important issue of post-repatriation assistance and its relationship to the broader challenge of reconstructing war-torn societies. While UNHCR's efforts in this area have been the subject of considerable commendation in the past few years, it is now time for some neglected aspects of this issue to be given greater consideration.

57.       UNHCR's ability to cope with large and sudden repatriation movements has generally lagged behind its capacity to respond to refugee emergencies. A more systematic approach to repatriation planning and preparedness is required, a process which should always focus on and be rooted in countries of origin.

58.       Recent assessments of UNHCR's post-repatriation activities have tended to confuse implementation and impact. The most important test of a reintegration programme is not the amount of funds disbursed or the number of projects completed, but the extent to which such assistance has enabled the beneficiaries to take the initiative in rebuilding their communities and restarting the development process. It has become clear that unless UNHCR's reintegration efforts - be they material assistance, infrastructural rehabilitation or local capacity-building - form part of an integrated international rehabilitation and reconstruction strategy, their impact is likely to be insufficient, circumscribed and short-lived.

59.       Such questions raise the issue of UNHCR's relationship with other actors in post-conflict situations, as well as the need to reassess the relief to development continuum. The notion of a continuum, in which UNHCR initiates relief and rehabilitation activities, before 'handing ova' to development organizations, is not a useful basis for strategic planning. Sustainable reintegration and recovery requires simultaneous rather than sequential activities, undertaken by organizations with different but complementary competences. And such activities must address a range of issues which fall outside of UNHCR's man 60.            Donors and the international financial institutions must be drawn more systematically into the peace-building process. For it is unreasonable to expect the world's war-torn States to manage the triple transition from conflict to peace, from dictatorship to participatory governance, and from centralized or shattered economic systems to market economies, without experiencing new forms of social conflict, political instability, persecution and displacement.

61.       While such tasks do not fall within the mandate or competence of UNHCR, the organization has a direct interest in such issues and is well placed to remind other actors of the need to ensure that they are addressed. In this respect, UNHCR should work together with development and financial institutions to establish a standing financial capacity which will integrate and sustain rehabilitation and reconstruction.

Guidelines for Action

In order to be sustainable. UNHCR reintegration efforts will be closely coordinated with other rehabilitation, reconstruction and reconciliation efforts.

In partnership with financial and development institutions, UNHCR will promote the establishment of a financing mechanism that will serve to make reconstruction efforts more predictable and sustainable.

Humanitarian Advocacy

62.        States have a responsibility under Article 35 of the 1951 Refugee Convention to cooperate with UNHCR in the exercise of its supervisory functions with respect to state obligations. But governments do not always respect this responsibility and in recent years have manifested a growing tendency to challenge the basic tenets of refugee protection. In these difficult circumstances, UNHCR relies to a great extent on its moral authority and powers of persuasion to ensure that States and other actors act in accordance with international refugee law and humanitarian principles.

63.       If it is to be effective in its efforts to protect refugees and resolve situations of forced displacement, UNHCR must make vigorous efforts to develop and disseminate such principles. The task of humanitarian advocacy is of particular importance during this period of transition in international affairs, when the world has been forced to reconsider some of its old certainties and assumptions,

64.       The concept of state responsibility is based on the principle that governments have a collective and universal obligation to avert refugee problems by upholding human rights and by taking appropriate action when confronted with massive human suffering. That responsibility should be recognized, even in situations where States feel that such action does not directly or immediately serve their national interest. To achieve this objective, UNHCR must develop its capacity to balance quiet diplomacy with forceful public advocacy.

65.       Another principle which must be developed and disseminated in the coming years concerns the integrity of humanitarian action - an issue which has been brought to the fore by UNHCR's growing involvement in countries affected by internal conflict, as well as the organization's close association with UN-mandated peacekeeping operations.

66.       Two particular problems have emerged from this experience. The first is that humanitarian action may become a substitute for decisive' and timely multilateral action to eradicate the causes of human suffering and displacement, thereby providing States with an alibi for their lack of political resolve. The second is that UNHCR may find itself in situations where the organization finds it difficult to function (or at least is perceived not to function) in a credible, impartial and non-discriminatory manner. It may also become entangled with the use of military force and its consequences.

67.       If it is to deal with such dilemmas effectively, UNHCR must reexamine the philosophical and political basis of its activities and define more clearly the conditions under which it is and is not prepared to work. At the same time, the organization must make additional efforts to ensure that States, the UN Secretariat, regional organizations and, in particular, the Security Council, give more serious consideration to the way in which their actions affect humanitarian activities. While remaining conscious that humanitarian action is the easiest and therefore the most likely response of States to political and military crises, UNHCR should resist becoming involved in protracted humanitarian operations which are not supported by a broader peacemaking strategy or in which it is clearly not in a position to enlist respect for its humanitarian principles. While remaining ready to protect and assist civilian populations in conflict situations, UNHCR must insist in future that such involvement be clearly linked to measurable progress in peace negotiations.

68.       Fund-raising is another area in which effective advocacy is required. It is now evident that the resources available to multilateral organizations will come under growing pressure in the immediate future. Donors also seem increasingly likely to channel their contributions selectively, favouring programmes and operations which, they consider to be of greatest strategic importance. As recent experience has amply demonstrated, relatively large amounts of money may be available for activities which benefit war-affected populations, while refugee programmes of the more traditional type fail to attract sufficient resources.

69.       There is an evident risk in this situation, which can only be averted by a concerted effort on UNHCR's part to convince the international community of the need to support those activities which the organization prioritizes. Also in this respect, UNHCR must make renewed efforts to focus international attention on the resolution of longstanding refugee situations, particularly those which are a legacy of the Cold War era.

70.       As far as advocacy is concerned, States will evidently continue to be the most important actors involved in refugee issues and situations. But States are composed of citizens, and, in a growing number of countries, citizens are able to influence the behaviour of their leaders by means of the democratic process and interest group activities. Mobilizing public support for the work of UNHCR and the principles which it seeks to uphold must therefore be an organizational priority in the years to come.

71.       While many UNHCR staff members are understandably preoccupied with the operational demands, advocacy should be a priority of every UNHCR office. Given the organization's limited presence and personnel, this task will be accomplished in large measure by supporting the institutions of civil society: voluntary agencies, human rights groups, cultural and academic associations, churches and other religious bodies, as well as refugee community groups. While such organizations may not always speak or act in a manner that UNHCR can directly endorse, they provide an important means of rallying public opinion in support of refugees. In this respect, the principles and goals of PARINAC, with their emphasis on the partnership between UNHCR and the NGOs, remain of crucial importance.

72.       There is also a need to recognize that the distribution of political power is changing in many parts of the world. A growing number of decision-making activities are now shifting from the national to the regional level, a trend which has direct implications - both positive and negative - for asylum policies, refugee protection standards and the provision of multilateral relief and development assistance. UNHCR's promotional efforts and, indeed, its operational presence, must give due recognition to this important trend.

73.       Finally, UNHCR's efforts to gain support for its mission must encompass other elements of the UN system. At a time when UN reform is high on the international agenda, UNHCR has an interest in strengthening its relationship with other humanitarian agencies as well as with the political and diplomatic organs of the UN. During the past few years, UNHCR has attracted a great deal of funding and considerable praise from the international community, a development which has undoubtedly enhanced the organization's operational capacity and moral authority. Such attributes can be further strengthened by means ~ of effective inter-agency cooperation, as exemplified by the global Memoranda of Understanding which UNHCR has established with WFP and UNICEF and is about to establish with IOM.

Guidelines for Action

Balancing quiet diplomacy with forceful public advocacy, UNHCR will attempt to gain greater international acceptance of the principle of state responsibility.

UNHCR will reinforce its efforts to maintain the integrity of humanitarian action.

UNHCR's involvement in conflict situations will be linked to measurable progress in peace settlements and the prospect for solutions.

UNHCR will resist any involvement in humanitarian action which becomes the sole substitute for meaningful political action to address the causes of an armed conflict.

UNHCR will clearly communicate its own priorities in order to avoid selectivity in responding to crises.

UNHCR will review its ongoing care and maintenance programmes in an attempt to find lasting solutions for longstanding refugee populations.

UNHCR will continue to pursue the principles and goals of the PARINAC process.

UNHCR will reinforce its cooperation with the UN's other humanitarian agencies, as well as the preventive, peacekeeping and peacebuilding components of the system.

Enhancing Organizational Effectiveness

74.        UNHCR has an obligation to maximise the effectiveness and efficiency of its activities - an obligation which derives from the accountability of the organization to its beneficiaries, as well as to donors, countries of asylum and its operational partners. This imperative is of particular pertinence at the current time, given the financial crisis within the United Nations, the ongoing discussions concerning the restructuring of the UN system, and the growing gap between humanitarian needs and resources in many parts of the world.

75.       How can UNHCR improve its capacity to protect the welfare of refugees and other victims of persecution, while simultaneously respecting the organization's budgetary constraints, staffing levels and operational presence? A number of different strategies are required if these objectives are to be achieved.

76.       At a time of rapid change in the nature of refugee problems and policies, there is a particular need for UNHCR to develop a better understanding of its environment. UNHCR is not an academic research organization and has no interest in the accumulation of knowledge for its own sake. But there are a whole range of questions which need to be examined in a systematic and analytical manner if the organization is to accomplish its mission. To gain a better understanding of the issues reviewed above and to enhance its capacity for strategic planning, UNHCR needs to undertake more systematic policy analysis and improve its access to the thinking done outside of the organization.

77.       At the same time, further efforts are needed to analyze and evaluate the organization's activities, to ensure that lessons learned are transferred from one country and operation to another, and to establish rigorous oversight mechanisms at both field and headquarters levels. In support of such activities, UNHCR must develop an organizational culture that is rooted in solidarity of purpose and consistency in application. Unfortunately, the organization's efforts to accomplish its mission are sometimes undermined by a failure to respect these fundamental principles.

78.       The on-going Delphi exercise has provided an unique opportunity to review UNHCR's structures and procedures, with a view to achieving greater efficiency and economy. But change is not a one-time affair. It needs to be pursued in a permanent and dynamic fashion, and must also become part of the institutional culture.

79.       At a time of substantial change both within and outside of the organization, particular attention must be given to the issue of human resources. UNHCR has an inescapable obligation to support its staff in the performance of their duties. In practical terms, this means assigning individuals to posts where their skills, experience and interests can be put to best use. It means providing staff with the training they need to function effectively and to develop satisfying careers. It means ensuring that officers receive adequate practical and psychological assistance, especially those serving in the growing number of difficult and dangerous duty stations. It means allowing and encouraging every UNHCR employee to express their views regarding the organization's structures, procedures and management, as well as the principles and standards which it seeks to uphold. Above all, it means reinforcing the principle of accountability.

Guidelines for Action

UNHCR will enhance its efficiency and effectiveness by establishing a clearer linkage between the formulation of policies and the implementation of activities.

UNHCR will strengthen its policy research and strategic thinking capacities.

UNHCR will ensure that lessons learned are transferred from one operation to another.

UNHCR will pursue personnel policies that maximize performance and accountability.

Conclusion: Coordination and Constituency-Building

80.        UNHCR's ultimate objective is to resolve the problem of forced displacement and the problems of people who have been uprooted by persecution and violence. All of UNHCR's protection and assistance activities should be designed with those objectives in mind.

81.       Fortunately, despite a succession of large-scale emergencies, considerable progress has been made in the search for solutions in the past few years. Latin America, South-East Asia and Southern Africa provide encouraging illustrations of the way in which the restoration of the rule of law and the democratization of government, combined with economic recovery, can lead to the resolution of longstanding refugee problems and enable UNHCR to reduce and reorient its activities. In place of emergency relief operations and assistance programmes, the organization can now focus its attention on constructive tasks such as legislative development and harmonization, local capacity and awareness building and networking.

82.       Despite these welcome signs of progress, some major challenges remain: protracted or recurrent refugee problems in parts of Africa and Central Asia; the increasingly acute problem of dependent urban caseloads; and the many difficulties arising from the new forms of population displacement and movement which have taken place in regions such as the Balkans and former Soviet Union.

83.       If it is to address such problems effectively, UNHCR cannot function alone. In the complex situations now confronting the organization, UNHCR has neither an exclusive mandate not a monopoly of expertise. Improved coordination with other humanitarian, human rights and development organizations must therefore be a central objective now and in the years to come.

84.       At the same time, UNHCR must broaden and strengthen the basis of its support through an active process of constituency-building, both at the political and public levels. There is a continuous risk of apathy and indifference to the plight of the displaced, whether they be individual asylum seekers or people involved in massive refugee movements. However great the resources, personnel and technical skills which UNHCR has at its disposal, the organization will only be able to make a real difference to the lives of displaced people if its principles and objectives are shared by other members of the international community.