The Legal Competence of the United Nations High Commissioner for Refugees

Abstract

A MAJOR problem facing the international community today is the emergence of vast numbers of refugees, particularly in parts of Africa and Indo-China. The number of refugees is said to be in excess of ten million. More than half that number is found in Africa, where inflows of refugees compound the economic and social problems of countries which are already among the least developed. Public attention has been focused recently on African refugees, especially through the International Conference on Assistance to Refugees in Africa (ICARA), convened by the United Nations at Geneva from April 9 to 10, 1981. More than $566 million dollars in cash or in kind' were pledged at that conference, in addition to funds already available for assistance to refugees. The Office of the United Nations High Commissioner for Refugees (UNHCR)2 has primary responsibility for the protection and assistance of refugees, although other organisations, such as the United Nations Children's Fund (UNICEF) and the World Food Programme, also play a significant role. The purpose of this article is to examine the limits which circumscribe the field of activity of UNHCR. It treats the legal competence of UNHCR by reference to the principal treaties and resolutions on which his authority is based, and shows how the Office of UNHCR has adjusted to the current circumstances of mass movements of people seeking refuge, including the so-called displaced persons. The United Nations appointed UNHCR by General Assembly resolution 319 (IV) of December 3, 1949, to continue to provide protection for refugees after the International Refugee Organisation came to an end. Over the years, the mandate of the Office of UNHCR has been successively extended; the current term will expire in December 1982.