WUNRN
UNHCR - UN Refugee Agency
Transitional Justice & Law - Refugees, Returnees,
Stateless Persons - Women
Respect for the rule of law and human
rights forms the essence of the protection of refugees, returnees and stateless
persons. Many of UNHCR's activities are therefore focused on assisting in the
strengthening of legal structures that would enhance the rule of law on behalf
of persons of concern to UNHCR.
In the execution of its mandate of
providing international protection to refugees, UNHCR promotes the
accession to international refugee instruments and other relevant human rights
instruments. UNHCR provides technical legal support to national legal,
administrative or judicial structures, including assistance in reviewing draft
legislation. It also provides training to Government officials and promotes the
inclusion of refugee and human rights components in training modules of police,
immigration and judicial officials.
In the context of voluntary repatriation
operations, effective promotion and protection of human rights, including through
institutions that support the rule of law, are key to rebuilding the State
after conflict and creating conditions conducive for return. From UNHCR's
perspective, the core of voluntary repatriation is return in and to conditions
of physical, legal and material safety, leading to full restoration of national
protection. In countries of origin, legal systems - including traditional legal
structures - often need to be revived and/or reformed. UNHCR identifies and
works towards removing legal and administrative barriers to return. In close
cooperation with other organizations, UNHCR provides expert advice and
technical support for the drafting of legislation related to citizenship,
property, documentation and return. UNHCR further is involved with the capacity
building of the judiciary, including technical and material assistance as well
as establishing mobile court projects where local resources do not allow full
coverage in remote locations.
In order to support sustainable return,
UNHCR is involved in the development of mechanisms promoting
confidence-building and peaceful co-existence. Reconciliation is a
process, internal between and within communities and requires a long term
vision, but often in the early stages when a nation is emerging from a conflict
situation, international support may be warranted to help take the first steps.
At the same time, UNHCR is actively
involved in support of transitional justice. Post-conflict pursuit of
accountability for gross violations of human rights and humanitarian law is
widely considered as an essential element of conflict resolution and a means to
bridge the gap between divided communities. Refugees, as victims of human
rights abuses, have an interest in such activities, which will facilitate their
process of re-integration.
Just as citizenship and the ability of
people to realize the rights associated with nationality provide an
indispensable element of stability to life, statelessness is a source of
human insecurity, forced displacement and serious conflict which may also pose
a threat to national and regional stability. As a result, clear nationality
legislation and administrative practice that are in accordance with
internationally recognized human rights standards are essential elements of the
rule of law. Resolving situations of statelessness may be key to addressing
root causes of conflict as well as for cementing reconciliation in
post-conflict environments. UNHCR has been given the mandate to assist the
plight of stateless persons, and actively promote the reduction of
statelessness. In this respect, it provides technical advice and support to
governments for the accession to the 1954 Convention Relating to the Status of
Stateless Persons and the 1961 Convention on the Reduction of Statelessness.
UNHCR provides advice to governments on how to develop an effective legal
framework to prevent and reduce statelessness and protect the rights of
stateless persons. In addition, in recent years UNHCR has increasingly provided
concrete operational support to States to resolve long-lasting or protracted
situations of statelessness.