Abstract
This article recommends a new way to improve Refugee Status Determination (RSD) procedures by proposing a network society communicative model based on active involvement and dialogue among all implementing partners. This model, named after proposals from Castells, Habermas, Apel, Chimni, and Betts, would be mediated by the United Nations High Commissioner for Refugees (UNHCR), whose role would be modeled after that of the International Committee of the Red Cross (ICRC) practice.
Highlights
The refugee status determination (RSD) procedure comprises, in general, the roles of and interaction among various implementing partners, such as the United Nations High Commissioner for Refugees (UNHCR), sovereign states, local and international nongovernmental organizations (NGOs) as well as refugees and refugee claimants (“claimants”)
The guidelines for determining refugee status come from the 2005 UNHCR Handbook on Procedural Standards for Refugee Status Determination under the UNHCR’s Mandate (UNHCR 2005), which is an instrument or guide in the process
After providing an overview of the current Refugee Status Determination (RSD) procedures, mainly as it relates to refugee claimants, applied on an individual basis that they must undergo to achieve refugee status within a host country, this paper describes the current general procedures for RSD established by the 2005 Handbook and discusses the roles of the implementing partners
Summary
The refugee status determination (RSD) procedure comprises, in general, the roles of and interaction among various implementing partners, such as the United Nations High Commissioner for Refugees (UNHCR), sovereign states, local and international nongovernmental organizations (NGOs) as well as refugees and refugee claimants (“claimants”). As to the RSD procedure, it differs from one state to another, being sometimes complex and sometimes simple. For instance, the UNHCR local office and NGOs do not usually have a key role in taking decisions regarding the refugee status, whereas in developing countries, the UNHCR local offices and NGOs have usually different roles, mainly because the UNHCR is able only to determine who is a (mandate) refugee, but not who is a state refugee. A proposal to change the procedures comes together with, and is a result of, the proposal to change the roles of all partners who are responsible, in
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