The UN High Commission on Refugees - Research Proposal Example

Research Proposal: An Assessment on the United Nations High Commission on Refugees (UNHCR) and its Capa to Protect the Refugees Under their Care This paper seeks to conduct an exploratory study on the degree to which the United Nations High Commission on Refugees (UNHCR) is effective in protecting the rights of refugees. At the beginning of 2000, there were 14 million refugees. (Human Rights Watch, 2000: 1) In 2010 alone, there were 43.7 million internationally and internally displaced individuals across the globe, which points to a visible increase in humanitarian crises since that year. (Malik, 2010). To address this glaring worldwide problem, the UNHCR is reposed with the primary mandate of ensuring the protection of refugees and reducing their vulnerabilities, whilst at the same time being charged with the role of refugee decision-maker in Refugee Status Determination (RSD) procedures, when individual States renege on this role. This duality of roles – protector and decision-maker – has been theorized to lead to quantifiable adverse effects on the refugees themselves. This is particularly problematic in light of the particular vulnerabilities that refugees already face, simply by being refugees. Without a nation that can ground them as citizens, their nexus is disconnected from the only entity that can represent them in international tribunals. They have been denied the social protections that are more often than not made available to a citizen. There may be tensions between the locals in the community and the refugees, as the two groups find themselves in competition for limited resources. They are subjected to sub-human living conditions, with minimal or no access to health care, education, and post-traumatic care, particularly in cases where the refugees come from war-torn milieu. In many instances they are detained by the host country, fearing the possibility of violence and social disruption, or else simply unable to provide for their needs given limited incomes. Given this, it is imperative to craft an international legal framework that ensures an adequate standard of protection for the refugees. Indeed, the trend must be to heighten protections and reduce impediments to the full exercise of their rights. If the legal regime that covers refugee protection and selection results in outcomes that are contrary to the interests of refugees, then indeed it must be subjected to critical examination. This preliminary proposal aims to analyze in depth the accountability of UNHCR’s RSD practices and the ethical issues arising from its additional role as one of the largest refugee decision-makers in the world. Considering that UNHCR is seen as the leader in the fields of refugee law, it is important to consider in what fields UNHCR assists refugees that states and other nongovernmental organization do not with regard to RSD. In that note, it is also important to investigate whether the UNHCR is deviating from its protective role and is performing duties of states and acting as their extended hand. Research Problem This paper is guided by the following research question: To what extent have the UNHCR’s RSD procedures been an effective and fair tool in the refugee decision-making process, considering its dual role as a refugee protector and refugee decision-maker? To this end, the following sub-questions are likewise proposed: a. What are the concrete areas of tension between the UNHCR’s role as a refugee protector, and its role as decision-maker? b. What, if any, are the gaps in the RSD procedures, examined vis a vis the mandate of the UNHCR and existing International Law and International Humanitarian Law Conventions? c. Using as basis international jurisprudence on refugee selection, can a bias against refugees be inferred from the application of the current legal framework that governs RSD procedures? d. What recommendations can be made to ensure that the UNHCR remains an effective and fair tool as refugee protector and refugee decision-maker? Hypothesis In answering the main research question, the hypothesis put forward is that despite the contradictions in its mandate, the UNHCR RSD attempts to promote fairness and respect for human rights have strengthened international refugee law. While contradictory elements in newer conventions and mandates create the dichotomy with the primary mandate, the UNHCR procedures and guidelines attempt to eliminate this dichotomy by ensuring fairness and respect for human rights. The locus of the problem is not in the framework of the UNHCR, but in the States themselves and their inability to harmonize their domestic legal regimes with international law commitments. Research methodology This paper intends to do a case study research to assess the effectivity of the UNHCR in specific contexts. A case study research method: …(c)onsists of a detailed investigation, often with data collected over a period of time, of phenomena, within their context. The aim is to provide an analysis of the context and processes which illuminate the theoretical issues being studied. The phenomenon is not isolated from its context (as in, say, laboratory research) but is of interest precisely because the aim is to understand how behaviour and/ or processes are influenced by, and influence context. A case study analysis often requires the selection of an area on which the research is to be conducted. It does not require variable oriented research (Campbell, 2008.) In order to answer the research questions and find proof supportive of the hypothesis, research must be placed within a context. Thus, statistics too will be consulted to determine the scale of the unfair practices by UNHCR. Moreover, a geographical context will be chosen as well. Due to the fact that most applicants come from developing countries and the first country of entry is for many in the Middle East or Asia, the two geographical areas will be examined. Since the most recent events took place in the Middle East, and historically the largest amount of UNHCR applications are received in Cairo, the Middle East will be the primary target of interest. The geographical context enables one to put the hypothesis to test in practice and not just theory. Effects of UNHCR RSD practice on applicants in these areas will be examined to support the hypothesis. This selection is informed by the five criteria for case selection suggested by Smelser as quoted by de lla Porta (2008: 198) to wit: “(1) appropriate to the kind of theoretical posed by the investigator… (2) relevant to the phenomenon being studied… (3) empirically invariant with respect to their classificatory criterion… (4) reflect the degree of availability of data referring to this unit… and (5) decisions to select and classify units of analysis should be based on standardised and repeatable procedures. Multiple methods of analysis may be use if these methods complement each other. (Singleton, 1993). Doctrinal analysis will be used to examine and answer the research question regarding fairness of RSD within the larger legal context of the maturity of the international refugee law. This type of research addresses formulations of “legal doctrines through the analysis of legal rules.” (Chynoweth, 2008). The latter can be found within statues, procedures and cases regarding the international refugee law. However, to conduct doctrinal analysis, these statues and cases must be applied to particular facts and context under consideration. To enumerate with specificity my research methods, firstly, I will collect data from UNHCR’s Refworld website which possesses an accurate and broader compilation of web-links to gather relevant legal information such as policy documents, key case law, as well as statistical data, and valuable opinions and papers from leading authorities in the refugee field.  Secondly, I will look at various journals on the relevant topic from sources such as International Journal of Refugee Law and Oxford Journal of Refugee Studies by authors such as Kagan, Lewis and Alexander, and text-book sources such as The Rights of Refugees under International Law by Hathaway J.(CUP 2005).  Finally, I believe that the enormous media coverage on the latest developments in the Middle-East and North Africa and how UNHCR is dealing with it, will give me a clear insight into the UNHCR responses at refugee crises, therefore; in order to expand my research I will also gather information on this issue through reliable articles from local and international media. I deem my research to be feasible because it will only look at secondary data, and there is a wide range of literature available online and from the UNHCR’s own database. The limitation of my research is that, because it does not contain primary data, it will not look at how the law is articulated and interpreted in a wide variety of contexts. Indeed, field research will be required for such an endeavor and that is not the province of this research. Also, my research will only cover refugee law after 1951, when the Convention came about, and will no longer cover – except by way of providing a broad historical vista – circumstances and legal precedents before 1951. Some of the shortcomings of the research reside in the fact that the law in itself is ridden with gaps and is subject to interpretations by the implementers – thus leading to variegated outcomes. Moreover, many of the existing research on refugee law tend to be biased in favor of a particular position, thus presenting an unreliable source of information. References Campbell, D., Cook, T., and Shadish, W. (2001). Experimental and Quasi-Experimental Designs for Generalized Causal Inference. New York, NY: Houghton Mifflin Company. Chynoweth, P. (2008). Chapter 3: Legal Research. In Advanced Research Methods in the Built Environment by Knight, A. and Ruddock. L. Wiley – Blackwell. De lla Porta, D. and Keating, M. (2008). Approaches and Methodologies in the Social Sciences. Florence: European University Institute. Hartley, J. (2004). Essential Guide to Qualitative Methods in Organizational Research. London: Sage. Human Rights Watch (2000). UNHCR at 50: What Future for Refugee Protection? [Online] Human Rights Watch Available from: http://www.hrw.org/sites/default/files/reports/pdf1.pdf Malik, S. (2010). UNHCR report says refugee numbers at 15-year high. [Online] The Guardian Available from: http://www.guardian.co.uk/world/2011/jun/20/unhcr-report-refugee-numbers-15-year-high [Accessed on 6 June 2012] Seale, C. et al. (2004) “Qualitative Research Practice.” London: Sage Publications. Singleton, Jr., Royce A.; Straits, Bruce C.; Straits, Margaret Miller. (1993). Approaches to Social Research. New York: Oxford University Press. Read More